davidaulloa/AmericanStories huggingface dataset:
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-04-02
PERU OIL FIELDS.
y One Wichitan Is Willing 80 Subscribe
= For Finding Gas.

Pat Healy and W. w Morris returned
yesterday from the oil fields in the vic!n-
fly Of Chanatc. Fredonia and Sedan. Mr.
Healy tells some wonderful stories about
the oil fields.
lie said that in the lutte town Of Peru
there is an oil we'll on every lot no mat
ter how small the lot may be. For self
protection the churches have bored wells
on the back portions of their lots and thu
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-04-02
WILKINS NOT DEAD.
He Is Very III, However. but Shows
Slight improvement.

J. 2. wilkins. better known as Red
wilkins who was reported II yesterday
mornings Eagle as being dead Sss some
improved las; evening. although Re IS
stu in a serious condition
TIE report that ar. wiEkirs had died
yesterday az ! O'Clock w>s ts'sphore1 70
the police headquarters by a fr1snt q
the sick man. Mr. wtTkias c0nd!fion ~ss
very low for a time and the friend sho
had called "a. lead % believe tha, Ar.
wilkins was dying. he-cs the report
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-04-02
JOCElYN GETS APPOINTMENT
Wichita Man Will Be Court Reporter
of Oklahoma District.

Shirley T Jocelyn. Of this city. has
been appointed court reporter in the judi
cial district embracing Woodward. Woods.
Beaver. Day and Dewey counties. He
will commence on his new duties in a
short time.
Mr.. Shirley's competency as a steno-
grapher is known TO everyone. He acted
in that capacity II President Stilwell. OF
the orient, during the latters trip 20
Europe.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-04-02
PADDY SHEA'S DEATH.
He Was Found Dead in a Cell at the
Enid Jail

Later news received from Enid. O. T..
concerning the death of Patrick O'Shea
better known as Paddy Shea formerly Of
this city. says that the man was found
dead in jail
He was arrested for a minor offense in
the evening. When the jailor had occa-
sion 10 visit the room occupied by Shea
the next morning he found that the man
was dead.
1t has been learned that Shea has
brother living in Montreal, Canada. He
has been notified of the death and it ey
pected TO arrive at Enid.
The Montgomery advertiser., 1904-08-30

not bite or chew, but absorbs it's food
 in liquid form through any and every
 part of its body. It is normally an in- ternai parasite of grasshoppers and other insects. Its presence in cabbage
 heads is rare and accidental due to the previous abundance of insects upon the plants. The 0ordius worms are never found parasitic upon humans or yer tebrae animals. The stories concerning
 the deaths supposed to have been caue- ed by these worms are untrue and ri- diculous. 5E5 F as4f
 "There is no venom in them. They may be eaten raw or cooked without any danger to the eater. ~
 "The serious part of these stories is that such publications may cause con siderable loss by preventing people from eating the cabbage they have rais- ed or purchased. Such fears are wholly groundless The worms are not com mon, and when they do occur upon cap bage they will do no harm to anyone eating the vegetable. They are at worst no more hurtful than the worms
 50 plentiful in apples and peaches some seasons.
 .rThe so-called cabbage worm. or Gordius variabilis, Is q slender, whfte- bodied worm, from four to twelve tncn- es long, and about as thick as sfan or difary knitting needle. s'nio7 - ,It is hoped that those newspapers which have published the misleading stories concerning this worm will re- publish this refutation, and thus help to prevent needless loss of good food.
The Montgomery advertiser., 1904-08-30
SNAKE" BUT A WORM.
Ferocious Cabbage Reptile is Entirely Harmless.


 Harmless.
 A recent issue of the bulletin of the North Carolina State Board of Agri- culture contains an article by Gerald Mccarthy. biologist, concerning the much -talked-of cabbage snake and in view of the facts set forth in 1t. the present scare over this alleged snake" Is entirely baseless. The press will do it's readers a service in publishing MT. McCarthy's article, which is as fol- lows:
 'The sea-serpent of mendacous re- nown seems to have been forced out of business this year by land serpent which has located in the western part of North Carolina. where it has taken to Frightening the owners of cabbage patches. Many stories have been pub lished concerning the deadly venom of the creature, usually referred to as tl1e cabbage snake.' Several of these ser pents' have been caught and sent to the North Carolina Department of Agricul- tUre for Identification. In every case these have proved to be the common and harmless water-worm, or hair snakes. '-Gordius variabilis.
 Snakes and serpents belong to the backboned series of animals. This creature is a mematode worm belong ing far down in the scale of created being. It has a soft, boneless body, with only parliamentary organs. It does
The Montgomery advertiser., 1904-08-30
MIR. GRIFFIN RETURNING.
VIII be Back at the Capitol septes
 hAP i.

VIII be Back at the Capitol septem-
 her 1.
 Letters received from Secretary Vif- gil Grimm of the Alabama Railroad Commission. announce that he will be back from the Canal Zone. Panama Septsmber. first. yls,fit sl vsbl!H ee
 Its-i not yet known 4whether MT. Griffin will be selected as the clerk of the Panama Judiciary or whether he will continue as Secretary of the Railroad Commission. Secretary Grif- fin left Montgomery six weeks ago with Judge Osceola Kyle. who was ap- pointed a member of the Judiciary for the Canal Zone by the President. Tho intervening time Secretary Grimm has spent with Judge Kyle in his new home in Panama. The report reached Ala bama that Mir. Grimm would probably be named as Clerk of the Panama court. but so far it has not been con- firmed. rs"1'i e1'" 4s eas R'ai.
 In his letter to friends MT. Grimm speaks in complimentary terms of Pan anna. its conditions and its future.
 number of applications have been made to the Railroad Commission for MT. Grifin's place. President John ". Smith has announced that these appli- cations are premature. The Commits sion does not know but that Mir. Grif- fin will continue as its secretary It is said, however, that in case MT. Griffin should return to Panama. the commission has already agreed upon his successor
The Montgomery advertiser., 1904-08-30
NEW CORPORATIONS.
Oil Mill Company Organized in wii-

oil Mill Company Organized in wii-
 cox.
 Probate Judge Beck of Wilcox couu- ty has certified to the Secretary of State the organization of the Farm CTS oil and Manufacturing Company of Camden. The company has a capi- tai stock of s3o.000 and 1t proposes ito buy cotton seea and manufacture same and to manufacture ice and elec- tricity."
 The incorporators are J. N Miller. B. M. Miller, W. R. Afford, W. R. Bruner. W. J. Bonner, Melton and Stu art, E. J. Erwin. W. J. Bryant. Jr.. c. F. Primer R. L.. Hawthorne. J. M. Bonner, J. c. Benson, E. N. Jones. J. W. Olenski. Miss Rosa Baltz, Spur lin Bros. Will W. Moore. E. Q. Rentz, W. B. Reynolds. c. B. Bryant, F. S.. Tait, Miss Anne Bryant. Carrie c. Bry- ant. J. B. Bryant, E. H, Cook. D. ]. Spiva. J. A. Cook. W. F. Spurlin, J |. F. Sells c. W. Dunn, J. M. Boyd, and A. Orr.
 Tho Kant Printing Company of Bir- mingham has increased its capital stock from sS.o00 to $12.000.
 The West Alabama Land Company has been organized in Pickens county with a capital stock of $10.000. Its in- corporators are Samuel L. Cox, Edward E. Cox and Tyler Berry. The conn pany will buy and sell land and tim ber +o.-.
The Montgomery advertiser., 1904-08-30
 GOVERNOR PRAISES SHERIFF.
Comments Blackwell for Prcsecutio
 ~e V-urhera

of Lynchers.
 Governor R. M. Cunningham has written a warm letter of commendation to Sheriff F. M. Blackwell of Dallas county, for the vigor and intelligence with which he has prosecuted the lynchers of the negro Bell near Dallas. Sheriff Blackwell has been generally praised for the way in which he took hold of the troubled situation and ran down participants in the lynchins.
 Governor Cunningham's letter Is as follows:
 Montgomery, Ala, Aug. 25. 1s04. Hon. F. M. Blackwell.
 Sheriff of Dallas County,
 Selma. Ala. =
 My Dear Sir--I wish to congratulate you upon the stand you have taken for the maintenance of law. as demon strated by the activity you have shown in following up the lynching of Bell one that may be well taken by all oui executive officers.
 If at any time you need my assist ance in any manner to effect the arrest of those guilty of the offense in ques- ton, command me.
 On behalf of the law abiding citizen, of the State, thank you for the cour' age and spirit you have exhibited. Yours very truly. R. M. Cunningham. Lieutenant and Acting Governor.
The Montgomery advertiser., 1904-08-30
NEGRO IS DROWNED.
To Escape the Police, He jumps Into
 the Chattaho0chee.

Columbus, Ga. Aug. 29.-(Special.)- Risking his life in an attempt to dodge the Columbus police, Berry Trammell, a negro. was drowned in the Chatta- hoochee River this afternoon about o'clock.
 The negro was wanted by the police for violating some city ordinance of minor importance. and this afternoon Oficers Behan and Bennett. seeing the negro across the street, started to ar rest him.
 TrammeIl ran like a frightened deer and jumped into the Chattahoochee River at Mott's Green. evidently for the purpose, of swimmipg across. but was drowned in the current. ...e
 The police recovered the body.
The Montgomery advertiser., 1904-08-30
ALABAMA GREAT SOUTHERN RAIL ROAD COMPANY V. WILLIAMS.


 Action by Employe Against Railroad
 Company to Recover Demages for
 Personal Injuries.-Appeal from the
 Circuit Court of Jefferson.
 i. Action under employers liability act; suficiency of complaint.-In an &C., tion brought by an employe against d railroad company to recover damages for personal injuries. a count of the complaint which alleges that plaintiff s Injuries were caused by the wanton or intentional negligence of Bill Jones. who was, at the time of said injuries. operating a locomotive on the track of the defendants road" while stating a good cause of action for wantonness or intentional injury to plaintiff. is In . sufficient and defective as stating a cause of action under Subdivision of Section 1749: it not being averred that the engineer having control of the en. zine was. at the time, in the employ ment of the defendant.
 2. Same; same.-In such an action, a count of the complaint which ayers that the plaintiffs Injuries were caus |. ed by the willful. wanton or intentional negligence of said engineer of defend ant, who then and there had charge or control of defendants engine, upon du : fendant's railroad track" which en zine. 1t was averred, ran over the plaintiff. sufficiently states a cause of action for wanntonness. willfulness or
The Montgomery advertiser., 1904-08-30
NO COUNTY ENGINEER.
Application for Place Will Be Receivet
 Nv Fa0mPA


 The office of County Engineer was declared vacant yesterday at the reg ular meeting of the Board of Revenue of Montgomery county and notice was given that applications for the posi- ton would be received at the next reg ular meeting.
 The vacancy was. caused by the death of Robert M. Alexander. who died a few days ago in Prattville. J. M. Gar rett. who was for a number of years County Engineer resigned a year ago. Only three members of the board were present at the meeting yesterday although 1t had been three weeks since the last meeting of the body. Those present were President M. B. Tough ton and Nessrs. Duncan and Matthews. A large amount of routine business was transacted and the board ad- journed to meet Monday.
The Montgomery advertiser., 1904-08-30
Gentle Pity.

Chicago Tribune, .
 Mildred---Hes came to you with his broken heart. after Gussie had reject ed him, and you let him console him. self by making love to you?
 Milicent-why not? I considered that I was acting as first aid to the injured.
The Montgomery advertiser., 1904-08-30
MRS. DeJARNErTE,s SCHOOL

MRS. DeJARNETTE's SCHOOL for young ladies' A select home school. overlooking Young ladies receive such Individual in- struction as may be most beneficial. and Send for catalogue.
 MRS. GABRIEL HARRISON DeJARNErTM 330 West End Ave, New York City. Summer address. Dallas. Tex.
 su-tu-thu
The Montgomery advertiser., 1904-08-30
opinion by Mcclellan. c. J.

JACKSON EFT AL vs. SNODGRASS. Bill in Equity to enjoin obstruction of
 roadway.-Appeal from the Chan
 cery Court of Jackson.
 1. When reservation in deed equiv elent to grant; certainty of descrip- tion.-A reservation by the grantirs fin a deed to land conveying real es- tate and a road way. by which they reserve to themselves and their heirs and prior to the execution of the deed,
The Montgomery advertiser., 1904-08-30
4rhe Woods Are Full of Deer.,

A little leaflet bearing this title con tains a lot of information in regard to the deer small game. birds and fish in the Adirondacks this fall. and the shooting will begin at an early day.
 Send a 2-cent stamp to George H. Daniels, General Passenger Agent, New York Central Railroad. New York, and he will send you a copy. adv.
The Montgomery advertiser., 1904-08-30
Opinion by Mcclellan. c. J.

MARDIS, ct al, V. SIMS, Admrx. Action of Trover and Trespass.-Ap-
 peal from the Circuit Court or
 Blount.
 1. Surety on mortgage debt; can not take property after payment Of mort gage. Where. to secure a note which was executed by a maker and surety, the maker gives a mortgage which re- cites that he Is indebted to the payee of note by a note signed by sureties ana that "the better to secure said credit ors as we'll as to give indemnity to the sureties on said note and to secure any sum I now or may owe them or either of them before this note Is due, l hereby bargain. sell and convey, etc, unto the payee of the note certain prop erty; such mortgage, even though 1t may have secured any debt which the mortgagor might owe his sureties on the note at the time of Its maturity, # the mortgage indebtedness Is paid by the mortgagor before maturity and the mortgage Is paid and sent to the surety, such mortgage passed no title or right of possession to the surety 10 the propertye conveyed therein; and such surety would have no right to take possession of such property in licuidation of the indebtedness which the mortgagor may have been due at the time of the payment of the mort gage.
 2. Action of trespass; when proof of plaintiffs physical condition admis- sible.-In an action of trespass to re- rover damages for the wrongful talk Ing of personal property, 1t is permits bible to show that at the time of the alleged trespass. the plaintiff was se- riously i'll, which was known to de- eendants; such evidence being admissi- ble in aggravation of the trespass.
 8. Equity pleading; manner of re- givor of cause In name of administra- trix.-Where, after suit is brought. the plaintiff dies, such acton may be re- Sived in the name of the administra- trix of the estate of the deceased plaint- If, upon oral motion made in the court for that purpose: and it is not necessary that the death of the plaintiff should be suggested in writing.
 Affirmed.
 Opinion by Mcclellan, c. J.
The Montgomery advertiser., 1904-08-30

Geronimo. the Apache chief. at present living in St. Louis. Is about to receive visit from his daughter, who live in Arizo- ma. This will be the first time he has seen her since his capture by the United States troops eighteen years ago.
The Montgomery advertiser., 1904-08-30
SOZO DON'T
 TOOTH POWDER

used with SoZoDoNT Liquid, prevents accumulation of tartar, yet being free from grit does not scratch the enamel. Do not experiment on baby's teeth. Insist on 
 FORMS: LIQUID, POWDER, PASTE
The Montgomery advertiser., 1904-08-30

Are you going to miss your chances Wednesday the last day you buy shoes at cost, until then you can take your choice of our entire stock. f
 BULLOCK q FLEMING.
The Montgomery advertiser., 1904-08-30
Executive Appointment

Executive appointments were an- nounced yesterday as follows:
 A. A. Williams. notary public Lau- derdale county: Ignatius Green, notary public, Tuscaloosa county. W
The Montgomery advertiser., 1904-08-30
Opinon by Tyson, !:

SEARBROUGH EFT AL vs WATSON. Petition for Mandamus.-Appeal from
 the Circuit Court of Calhoun.
 1. Claim against county; should be collected by suit.-Where a claim against a county has been presented to the commissioners court of said coun- ty and disallowed by that body, the holder of such claim has its remedy by an action against, the county, as provided by the statute, (Code, Sec. l3). and he Is not, therefore. entitled to writ of mandamus to compel the com missioners court to allow said claim. (Marengo County vs. Lyles, 101 Ala. 423, explained and qualffied.) Reversed and rendered.
 Opihon by McClellen, c. J.
The Montgomery advertiser., 1904-08-30
TEETH OF CHILDREN

Few mothers know how vitaliy important Is the care of child's first teeth. The beauty of the permanent set depends almost entirely upon it.
The Montgomery advertiser., 1904-08-30
DIVORCE GRANTED.
Judge Sayre Allows One to Mrs. Ida
 HOsseIton.

HOsseItOm.
 Divorce was yesterday granted by A. D. Sayre of the City Court of Mont gomery in Equity in the case of Ida w. Hosselton vs. Jacob c. Hosselton. Mrs. Hosselton alleges habituaI drunkenness on the part of her hus- band to whom she had been married since 1895.
The Montgomery advertiser., 1904-08-30
HeAd-Notes Qf the Decisions
 Of Alabama Supreme Court

PAGETT ct al, V. BROOKS. ct al. Action to Recover Damages for Breach
 of Bond Given to Secure Appoint
 ment of Reeciver.-AppeaI from
 the Circuit Court of Covfngton.
 1. Appointment of receiver; waiver of objection to appointment.---Where, upon bill filed asking for receiver, if upon the receiver being appointed the respondents to the bill failed to object to the order, and in the event the objection is overruled, failed to prosecute their appeal, as provided by statute, such failure amounts to ac- quiescence in the appointment. so as to prevent the respondent questioning the propriety of the appointment upon the final hearing of the case.
 2. Appointment of receiver; plea dismissing bill does not amount to va eating appointment.-Where, upon the filing of a bill in chancery asking for the appointment of a receiver. receiv- CT is appointed, and thereafter, on the final submission of the cause there is a decree rendered dismissing the bill, such decree, though finally disposing of the cause on its merits adversely 10 the complainants. at whose instance the receiver was appointed, does not ipso facto operate to discharge the receiV- CT; but the functions of the recelver must be terminated by a formal oroer of the court
 8. Bond for appointment of receiv. CT: breach occurring only by vaeatins appointment.--where bond given 70 secure the appointment of receiver IS conditioned as required by the statute (Ccde, Secs. s01-s02) to pay all oam- ages which any person may suner oy the appointment of a receiver II such appointment is vacated" such bond IS preached only upon the appointment of A receiver being vacated. as contra distinguished from the receiver being removed or discharged.
 4. Bond for appointment of receiver; when right of action does not accrue ,Iron dismissal of complainant's bill.- Where. upon the filing of bill asking for a receiver, the receiver is appoint >ed and the bond is given as conditioned by law, Code. Secs. S01-so2), If. upon the final submission of the cause upon the pleadings and proof there is final decree upon the merits dismissing complainant's appeal without more. such decree does not operate to vacate the appointment of the receiver. with fin the meaning of the statute and con dition of said bond, so as to give the obligees. in said bond right Of action for breach thereof.
 Affirmed.
 Opinion by Mcclellan, c. J.
The Montgomery advertiser., 1904-08-30

of way over and through said lands Is the equivalent of grant py the grantee and grantors of said road way and if 1t was in existence at the time and prior to the xecution Of the deed this operates as an esingment of the rieht. and is deemed to be that which was intended to be conveyed by the reservation; and is the same in legal effect. as if the location so selected and used had been fully described by the terms of the grant.
 2. Adverse possession; suficiency of ayerment.--In bill in equity, the ayerment that the complainant and those through whom he claims have exclusively for more than twenty years been in open. notorious, hostile and adverse use of said" property described in the bill, is sufficient as setting up A claim under adverse possession,
 8. Obstruction of roadway; equity bill for injunction.-A court of equity will maintain bill to enjoin the main tenance of an obstruction of a road way and to restrain the continuance of such nuisance.
 Affirmed.
 Opinion by Tyson, J.
 BOYK1N vs. COLLIN.
 Statutory Action of Ejectment.-Ap. E peal from City Court of Montgom-
 cry.
 l. Jurisdiction of court of chancery for removal of disabilities of homage; averment of petition.-where a peti- tion is filed in the chancery court on behalf of . minor. asking that the minor be relieved of the disabilities of homage, as provided oy statute, Code, Secs. s29-S35). it is not essential to he l,,rt 1t should be alleged in the petition, that the relief therein sought would be to the interest of the minor.
 2. Same: publication of notice not essential to turisdiction.--In a pro- ceeding in court of chancery. to re- lieve q minor of the disabilities of non- age, the publishing by the register of the notice of filing of said petition is not essential to the courts acquiring jurisdictions" and, therefore, the fact that the records of the chancery court are silent as to whether the register published notice as to the filing of the inquiry that the decree relieving the disabilities of homage was void. | 3. Same: recital of decree as to ben eft to minor.-In proceeding to re- lieve minor of the disabilities of non- age. the recital in a decree granting the relief asked for. that from the pe- titton and the evidence. the court was of the opinion that it will be to the interest of said minor" ito be re- lleved of the disabilities of non age" " shows a compliance with the statute, (Code, Sec. s33).a and does not render such decree subject to the criticism that 1t was not shown that the court was satisfied that the granting of the relief to the petitioner was to his i'm mediate. as well as his prospective in- terests. D., '~1-
 Affirmed.
 Opinon by Tyson, ]:
The Birmingham age-herald., 1904-05-16
Bathing Begins.

''I noticed several boys in bathing at East Lake this afternoon" said a gen tleman yesterday although l thought the atmosphere rather chilly for such venture. The youngsters seemed to be enjoying their bath, however, and be- fore very much longer l expect to see the usual crowd of bathers at the lake on Sunday afternoons.
 "'The attendance today at East Lake was very gratifying and promises to in- crease rapidly as the season progresses. There was good order maintained at the lake today and no complaint could be made by any patrons who went out that they were mistreated l notice that the crowds are. as rule, very good humored and when the rougher element is kept quiet there Is no trouble in preserving excellent order.
 'I have only one complaint to make. and that is the way passengers have to get off the cars when they reach the lake The cars stop with the open side away from the entrance to the lake, and those getting off not only have to walk around the cars to get to the gate, but have to push their way through the crowds trying to get aboard for the trip back to town"