davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1904-11-03
MYERS ". MYERS. ADMIR-

Action of Assumpsit.-Appeal from the
 Law and Equity Court of Walker.
 l. Action by son to recover ser vices rendered to father; must be ex- pressed contract therefor.-As between parent and child. there can be no re- covery for the board of the parent or for services rendered the parent, in the absence of an expressed agreement therefor on the part of the parent; and to authorize recovery. such con tract should be shown by proof clear and unequivocal in terms.
 g. Action by son to recover for services rendered deceased father; wife and child of son competent wit nesses to prove agreement.-In an ac- tion by a son against the administra- tor of the intestate of his deceased father to recover for the board of the father and for the services rendered the deceased during his lifetime, the wife and the son of the plaintiff are competent witnesses to testify to an agreement made by the deceased with the plaintiff, in which he promised to pay the plaintiff for supporting and caring for him. and for services rem dered to him; said wife and son not being heirs or legatees of the deceased nor benefciaries of his estate, and not having pecuniary interest therein of such sort as to disqualify them under the statute (Code. section 1S94) from testifying for the plaintiff.
 3. Action upon stated account: stat ute of limitation of three years no bar To count of a complaint seeking to recover upon a stated account, the statute of limitation of three years presents no bar; and, therefore, a plea setting up the statute of limitation of three years to such count Is subject to demurrer.
 Reversed and remanded
 Opinion by Haralson J.
The Montgomery advertiser., 1904-11-03
The Famous VOIcanO-Mt. PeIee Again
 in Eruption.

The exhibition called Creation and it's Destruction. the Volcano. located on Perry Street and Dexter Avenue. is a gorgeous spectacle. scenic and electric, and is duplicate branch of St. Louis Worlds Fair grandest exhibition. The work Is new to the public and no fam fly should miss taking their children to see this grandest of all 1904 exhibi :. tions. Chair seats are furnished tree to all patrons. Creation and the Vol cAno Is not a moving picture produc tion, but a gorgeous spectacle in three scenes, with the worlds latest> >scenic and electric effects. adv
The Montgomery advertiser., 1904-11-03
Strike Drags Along.

Fifteen of the non- union men brought here the past week by the Ten nessee Coal, Iron and Railroad Company from Virginia and Kentucky to take the places of union coal miner strikers. had to resort to legal advice last even ing to get out of a camp at Vivian, in this district, according to a report which reached the city today.
 The men were guarded by an officer and 1t is stated that when they were about to leave the place were told to be careful. An attorney representing the union men is said to have approached the strike-breakers and told them to leave if they so desired and fifteen quit work.
 The operators of mines in this dis trict claim that their coal productio Is still on the increase and that the strike is practically broken. The lead CTS of the union miners claim that the strike is far from being broken and that they are in condition to continue for some time to come.
The Montgomery advertiser., 1904-11-03

ford, of Montgomery was elected moderator and the usual committees were appointed today. Rev. J. L. Lewis delivered an eloquent sermon this morning. The matter or unitins with the Presbyterian Church or the North will hardly be discussed at length at this synod. Rev. w. o. Darby, of Indiana, secretary or tne board of education and or the poaro land Presbyterian Church. will deliv- CT an address tomorrow. Tonight the ladies of the Cumberland Presbyterian Church met with the synod. mere are quite a number of ladies In at- tendance at the meeting.
The Montgomery advertiser., 1904-11-03
Head-Notes Qf. the Decisions
 Of Alabama Supreme Court

fatal shot, conspired with his son, who
 did the shooting, for the killing of the
 deceased, if the defendant is convicted
 of manslaughter in the first degree,
 which is an acquittal of the charge of
 murder, upon the second trial of such case. charges requested by the defen- dant are erroneous and should be re- fused which instruct the jury that there can be no conspiracy to commit
 the offense of manslaughter in the first degree.
 [. Charge of court to jury; erro- neous when upon part of the evidence only.-A charge in a criminal case re- quested by the defendant which bases
 the right of the defendant to an ac- qulttal upon the jury's belief of only
 part of the evidence. without consid- eration of all the evidence of the case,
 Is erroneous and properly refused. | s. Homicide; conspiracy; charge of court to jury.--On a trial and indict- ment for murder. where there Is evil dence tending to show that the defend | ant was a conspirator with the person | who fired the fatal shot, a charge
 which instructs the jury that 1t must
 acqult the defendant, If they have any | reasonable doubt as to whether or not | he conspred to bring about the homi- eide, or if they had a reasonable doubt ol HIS hdNili5 UT dDSItcu III tue ! killing. is calculated to mislead the | jury, and properly refused.
 9. Same; same; same.-In such a | case a charge which instructs the jury | that if they believe from the evidence | that the fatal shot which killed the
 deceased was fired by the son of the | defendant. and without the knowl- edge. connivance or assent of this de- fendant. then the jury must find this | defendant not guilty" asserts a cor rect proposition of law. and should be | given at the request of the defendant
 and its refusal will work a reversal of l a Judgment of conviction.
 | Reversed and remanded.
 | Opinion by Sharpe, J.
The Montgomery advertiser., 1904-11-03
New Mine to be opened.

The Aldrich Mining Company. which has a large mine in Marion County, on the line of the Illinois Central Railroad. is opening a mine and expect to have 1t in operation by the end of the year The company is working its present mine and find a ready sale for all the coal produced, the greater portion of the product going to the Illinois Central Railroad The new mine will be as large as the first mine and T. H. Aldrich states that the production Is going to be larger. The coal being mined in Marion County is of good quality. It Is learned that there is considerable development probable in Marion County. much coal lands there having been bought up and only await ing development in the way of railway construction. The Aldrich Mining Company. whose headquarters are in Birmingham. has lost but little time in its operation since the development started.
The Montgomery advertiser., 1904-11-03
TRAGEDIES GALORE
JEFFERSON COUNTY RESEMBLES A
 BATTLEFIELD.
Three White Men and One Negro Killed. and Two Negroes Badly Intured-Night of Novem-
 her 1 is Bloody

Birmingham, Nov 2-(Special)-
 Jefferson County last night furnished tragedies galore and the reports
 which have been received in the city show three white men and one negro dead and two negroes badly injured. Che white man Is in jail charged with a killing.
 The sheriff's office today received
 report of tragedies of last night.
 Two white men lost their lives as result of a card game at Lewisburg,
 mining camp north of the city. The game was played in the store of Jack Marlborough, an old and well known
 citizen. In the game were Yarbor-
 ough and a son and a man named J. V. Phillips, the latter up to few
 months ago check-weighman for
 the miners at Lewisburg. quarrel ensued during the game and Phillips
 shot Marlborough to death. A son of Marlborough than filled Phillips with lead from a shot gun. the latter later dying In hospital here. Jesse Yar- borough was arrested and locked up William M. Mulkin. a. white miner at Cardiff in the western portion of Jeffer-
 son County, a striking mine worker.
 was shot through the head last night
 by Percy Burns, negro who was
 drinking. The negro was shot
 through the lungs. Mulkin died few hours after being shot. The ne- gro was brought to the city and will die. It seems that the negro wanted to walk with Mulkin through a tun- mel and the latter objected, where's upon the negro pulled a pistol and
 shot the white man. Mulkin tehn fired. There was much feeling expressed against the negro.
 At a negro church near Dolomite last night Rev. Reuben Beard objec ted to some disturbance to the ser
 vices and stated that one of the mem
 bers of the congregation was drunk
 A shot rang out from the congrega- tion and the preacher fell dead in the pulpit. Will Arnold. a negro who was in the church at tho time. is sus- pected of having committed the deed John May a negro. was shot and seriously wounded. by another negro in a saloon in the city. The wounded negro Is in a serious condition. The negro who did the shooting made his escape.
The Montgomery advertiser., 1904-11-03
HAD FATAL ACCIDENT.
Mrs Mary PinkstOn Thrown From
 Wagon and Is Killed.

Columbus. Ga,. Nov, 2.-tSpecial)- S. T. Pinkston, a well knwon C'olum- bus lawyer left yesterday for Union. Ga, in Stewart County. being called there by the intelligence that his aged mother, Mrs. Mary A. Pinkston. had met her death accidently last night Mrs. Pinkston was on her way to her home at Union from Lumpkin late Monday afternoon and was riding in a wagon, sitting in a chair In some manner the wagon tilted over. she was thrown to the ground striking on her head breaking her neck. She was over seventy years old.
The Montgomery advertiser., 1904-11-03
VIII Remain Pastor Emeritus.

Columbus, Ga. Nov, 2.-(Specia)- A report that Dr. W. A. Carter. who has been pastor of the First Presby- terian church twenty-five years. Is to resign as pastor is to a certain ex- tent incorrect. He has been consid- ering the idea of turning over the &C., tive work of his position to younger man but Is not contemplating resign ing to the extent of completely sever ing his connection with the church and even if he does not discharge all oi his active pastoral duties as at present he will remain as pastor emeritus. pr Carter has not laid the matter be, fore the official board of the churcf il any way.
The Montgomery advertiser., 1904-11-03

The Winston reservoir was built in 1881 by company composed of sixty citizens! Ten years ago it and the en- tire water plant was sold to the city Soon thereafter ten feet were added to the height of the reservoir The city has just had 'standpipe com pleted. This Is full of water and the town is prepared to supply every de- mand.
The Montgomery advertiser., 1904-11-03
Lien on seaboard Property

T. B. Redmond & Co.,, contractors' have filed in the probate ofnce lien on the right of way. roadbed, depot anu depot grounds and all other property on the line of the Seaboard AIT hihe from Atlanta to Birmingham.
 The lien is Tn the sum of $440,00O, and Is claimed for the construction of sections 37, 3S, 39 and 40 of the first division of the line in the counties or Polk and Paulding, Georgia.
The Montgomery advertiser., 1904-11-03
Notice 10 Stockholders :.

South & North Alabama Railroad Company Office of the Secretary. Montgomery, Ala. October 26th. 1904
 The annual convention Of the shareholders of the South & North Alabama Raflroad Company will be held at the office of the company. in the city of Montgomery, State of Alabama, on Saturday, November 26, 1904. at 12 o'clock noon, for the purpose of electing Directors for the ensuing year, anu for the transaction of such other business as may be brought before it.
 G. W. CRAIK, If Secretary
The Montgomery advertiser., 1904-11-03
Would Not Aid Duncan.

Mrs. Frank Duncan called at police headquarters this morning. She re- quested Officer Bodeker to write let ter to Governor Cunningham in behalf of her husband. MT. Bodeker told her he could not consistently do so. and she departed much dejected by his re- fusal.
The Montgomery advertiser., 1904-11-03
John T. Shugart Indicted.

John T. Shugart. d well known law yer, has been indicted by the grand jury on the charge of attempted brib- cry.
 A special report was made to this ef- feet this morning
 The indictment against Shugart charges that he did corruptIy offer or promise to J. S. Armstrong, a petit juror. $50 in money with the intent to bias the jury in it's decision In the case of Roland T. Shugart, his son, on trial for alleged murder.
 The paper was signed by J. W. Sel- lers. foreman of the jury.
 The witnesses, as set forth. are J. & Armstrong. c. c. Hood. J. H. Hill, T. s. Smith and Sam Teague.
The Montgomery advertiser., 1904-11-03
pi.located shoulder While A.leep.

Mrs. J. O. Farmer. of Bessemer. is suffering from a peculiar accident. While asleep she threw her arm over her head. Her shoulder was disloca- ted. A surgeon is treating her.
The Montgomery advertiser., 1904-11-03

If Sorosis Shoes paid the dealer a large profit they would be sold in every city in the country-but the dealer can .. not raise the price and we will not lower the quality. adV-tf.
The Montgomery advertiser., 1904-11-03
ALL ARE INVITED

To come to the Street Fair at Mont gomery and stop at Clanceys Hotel when there; the old stand corner Bibn adV-tf Jack H. Clancy.
The Montgomery advertiser., 1904-11-03
Rev. MT. Crawford Modcrator.

The synod of the Cumberland Pres byterian Church of Alabama is ir
 session in this city with about l0C members present, Rev waitar craw-
The Montgomery advertiser., 1904-11-03
SPECIAL @ .NOTTCES:ij
FUNERAL NOTICE.

The friends and acquaintances of Mir and Mrs. Edward R. Holt and family are re- spectfully invited to attend the funeral of MT. Holt at 80 o'clock Friday morn- ing from the residence. 1O35 South Hull street,
The Montgomery advertiser., 1904-11-03

Creation, the Volcano Show, is the best. Cor, Perry and Dexter.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1904-05-05
MGlIyl
TO LINCOLN
a FUND or 500 GOO WAS RAISED
FORTY YEARS AGO AND THE
DESIGN WAS ACCEPTED.
THE PROJECT nsYSTERIousIY
DROPPED OUT OF SIGHT.
WAS TO HAVE BEEN IN
FRONT OF THE
CAPITOL.

WASHiNGTUN, y. c., May A.
Records unearthed in the office of I'll
treasurer OF the Unite States, show
that a fund of 100000 was raised
about forty years ago to erect mon
ument to Lincoln. The money was
raised by popular subscription. TIE
design for the monument was a.
cepted and the project mysterlous'y
dropped out of sight. What became
OF the $4,000 is not known Most OF
the officers Of the association formed
to carry on the work have long since
died, and those now li:inS profess to
have forgotten the very existence or
the scheme. A package OF bla" y;
certificates" of the national Iincoi:-
monument. which represent one do
lar contributions, and a copy of
monthly journal Of the organization.
are about all the documentary re-
mains of the project that can now be
found. General Spinner. who was Il;
that time treasurer OF the United
States, was treasurer of the monu-
rnent association. and among the zen
to whom the work was intruSted oy
the Congressional act were AleXar-: ger
P Randall, James Harlan, Ale under
Ramsey, Nathaniel P Banks. jacob
Benton, Shelby NJ. Cullom, John =.
BENJAMIN, Horace Maynard and R,-
fus Mallory
The monument, as planned, was tc
have been erected in front of the CAPT
toll and was to have been OF granite,
seventy feet in height, triangular IN
shape, and surmounted by heroic
figure Of the martyred President
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1904-05-05
i-uth!,ert pshorn,..tof Clarlssi3rr:es. !:

:ere,
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1904-05-05
GOLDEN JUBILEE
EBSATloN OF TIE CoNSE.
GRAFTON OF THE RT. REV.
RICHARD PHELAN, OPEN
EOfAT PITTSBURG AT
THE CHURCH OFbTHE
EPiPHANY.

PITTSBURG Pa, May with
solemn pomp and dignity. there open
ed yesterday morning at the Church
of the Epiphany. one OF the most no
table events in the history of the
Pittsburs Diocese of the Roman Cath
olic Church With the celebrating of
Pontilcai High Mass at 10 O'Clock
with Archbishop 2. ], Ryan of Phil
adelphia. celebrant, began the Golden
Jubilee celebration of the consecra-
ton of the TT. Rev. Richard Phelan
to the priesthood.
Surrounded by church dignitaries.
including Cardinal Gibbons. head or
the Roman Catholic Church in Amer
lea the venerable jubilaran was the
recipient Of an honor that has fallen
to the lot Of few others in the United
States. The Right Rev. Michael John
the sermon, taking for his text the
words: Il Tim $40 Let the
priests that rule well be esteemed
worthy OF double honor; especially
they who labor in the word and doc
trine."
He delivered an eloquent sermon.
and in concluding. spoke OF Bishop
Phelan in highest enconinm-
During the banquet in the after
noon, Bishop Phelan was presented
with tokens Of esteem and love by
the clergy and laity of the dioceses.
Following the banquet Bishop Phelan
received his intimate friends In pri-
vate in the Hotel Schenley. In the
evening at Carnegie Music Hall a
public reception to the jubilarian and
visiting prelateS took place.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1904-05-05
PAUL GILMORE
GETS OVATION
1.-THE MUMMY AND THE HUM
MING BIRD" MAKES A BIG HIT
AT THE COURT THEATRE.

Paul Gilmore scored a great hit Sat
Urday night at the Co irt Theatre in
the clever play 1.-THE Mummy and the
H,,1nning Bird by Isaac henderson,
an English journalist. Mr.. Gilmore
gave a superb Interpretation of the
leading role, Lord Lun,iey, the Mum
my and he played the part most
intclligently aud artiGticaly. He vas
strong and mastery in the climac-
teric scenes and demonstrated his
right to rank among the most tai
ented young actors on the American
stage. AT the end OF the third act he
received an ovation in the way of
three curtain calls, and finally -espon-
ded to demands for a speech. He
made a graceful effort, thhni-inS the
audience for their stimulating ap-
plause and declaring it was the finest
incentive for an actor to do his best
work.
Mr.. Gilmore has splendid support
John Martin as "Guiseppe," the Sill
clan organ grinder, was most natural
and effective and came in for hic1
praise with the star. Mr.. Sou.h7:d
as Count DOrelli," the "I-u:nminS
Bird acquitted HIMSELF with great
credit in the difficult role and showed
that he was a finished artist. Miss
Drew as Lady Lumley" was very
satisfactory, and the rest Of the COM
pany was we'll up to the mark. The
costuming and scenery were fine
Wheeling Telegraph. May 81.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1904-05-05
STATE MEDl-
CAL ASSOCIATION
WILL BE THE GUEST OF THE
MARION COUNTY, MEDICAL
SOCIETY HERE NEXT WEE
p -MEETlNGs WILL BE.
GIN TUESDAY, .s$
a FEATURE OF THE MEETINGS
WILL BE AN ADDRESS ON SUI
eide" TO BE GIVEN AT TIL
NORMAL AUDITORIUM ON
WEDNESDAY EVENING.

AS guests OF the Marion County
Medical Society, the West Virginia
State Medical Association will hold
the thirty-seventh annual meeting in
this city on Tuesday, Wednesday and
Thursday. May 10th, 18th and 9Th.
The meetings will be held in w. s.
T. U. Hall, beginning on Tuesday at "
two p. m.
The officers of the Association are
DR.. T. l.. Barber, Charleston, Pres
ident; DR.. w. w. Golden, Elkins, Sec
rotary: Dr. " T. Churchman, Charles
ton, Treasurer
A feature of these meetings Is the
public address given by some one Of
the members. The lecturer this wear Is 4
DR.. S. l.. Jepson, of Wheeling, the
subject Suicide epidemics, rapid rs
crease in present day, effect Of ma
tionality, of different religions,$of In-yS
fidelity, of marriage, of divorce. sui
eide in law, in life insurance. IS the
suicide insane? Is suicide necessarily
an evil2 Causes predisposings and ess:-ss
citing; the evils of our Civilizations
how to diminish the tendency and
some remedies suggested.
This lecture will be given IN the
Normal Auditorium at S p. N: osl
Wednesday evening, to which the pubss
lie is invited. .s:.t 5
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1904-05-05
COMM | ON
ARRAVGIEslEl MEN S.
or THE REPuRLicAN4t NAT! oFl4 a q
COMMITTEE REccMMErp5sf!ss
HON. ELlHU ROOT AS 5
TEMPORARYC CHAIRMAN S3#
OF CHICAGO COM
VENTiON. Ks

WASHINGTON, D.. G., May&5---rhe b
committee on arrangements OF :he$8
Republican National Committee yes
terday afternoon decided to recon-
mend unofficially to :he full 1rnIttee5$
the temporary chairman of the con
ven ton, Hon. Elihu Root, former Sec
rotary of War. after determining that
the sub committee had not the author
ity officially TO elect the temporary
chairman Charles w. Johnson. Of
Minnesota. was selected for Secrc-S5
tary of the convention: and John r.
Malioy. Of Ohio. assistant secretary
Other officers were selected as fol-
lows SS55%ss.
Assistant ames c.
Cannon, of New York; Lucien Cray,
of Illinois; Willet NJ. spooner, Of
Wisconsin: l.. Larry Eyre. Of Penn
sylvania: Rome C. Stephens of In
diana: John Fl. King. of South Dako-S$
ia, and Walter s. Melicu. OF Califor-
mia. sEs5se#
Reading Clerks-W. H. Harrison. of
Nebraska: Dennis e. Award Of 4
Michigan: E. L. Wemple. Of Ohio
T. w. B. Duckwall, Of West Virginia.
and Jas. II. Stone, of Michigan.
Clerk at. Presidents Desk--Asher
c. Kinds, |of Maine. S53
Official Reporter-Milton W. Blu
menberS ofs1llinois.
Tally Cierks--Fred B. Whitney, OF
Illinois. and George f. Butlin, OF Ne
braska. 853.
Messenger to Chairman--c'urley
Brewer, of Indiana.
Sergeant-at.Arms- F. Stone, Of
Maryland. S3s5 VIZ
First Assistant Sergeant-at.Arms s. 4
David c. Owens, Of Wisconsin.
Chief aries s.. M on-$s
tall. Maryland.
It was decided to cal. meeting of
the whole committee for sVeanesd ays
June Is, at two P. NJ. at the Coliseum
in Chicago, for the p,irpoce OF hear
ing contests and to make. up the tenn
porary roll of the convention. Chair
man Payne. who attended to-day,s
meeting, unoficlallx Will issue .4ea5
call.
Secretary Dover. of the National
Committee, aud Sergeantat-Ar-Itts
stone, were authorized TO open head
quarters at the Coliseum JIEe y.
number of reports were read h
among them one from the Central
Traffic Association. that hey viii.
make a rate Of one fare for the round
trip, good from the 18th to the 10th
going, and until the 2?th leaving, and
the western and eastern tra ffc assoc
ciations will make Il like rate $ss3A
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1904-05-05

Is Work IS progressing IA leli y on ne
ri : or pier Of he county bridGe:
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1904-05-05
SOME APPLE HISTORY.
Many Western Orchards Started 6y
"AppIe-Seed Johnny"

The first apple trees planted in
America were Imported by the Dutch
settlement at New York in 1914. APP
pIe trees we're also known to have
been growing at jamestown, Va, as
Early as 1922 Until within the last
half century apples were grown al
most solely for cider making, as is the
case to-day In France. AS hare. cider
will produce drunkenness and nor
rible llatzenjammer, William Penn adj
yised his coloniSts in pennsylvania
TO cultivate indigenous fruits alone,
as apples were then used almost eX-
clusively for making cider or apple
jack.
Many of the orchards Of the pi-
oueers of the Middle West were
grown from seeds obtained in pc
cuIiar way. Some man whose thit
name has been forgotten, and who IS
remembered only By the appeilatlcr
OF "Apple-Seed Johnny, t'aEetec
through the West and scattered
hearty welcome at every cabin door
The last decade or two has shown
wonderful development OF the large
commercial apple orchards in The
West, ana the lhIuSClS ila' iio' 90
su!1ed vast proportions Apples, for
instance, are exported 10 England and
many foreign countries. Apple cores
from the big drying establishments
arc purchased by Eastern buyers and
shipped to France to be used in the
adulteration OF wines and champagne.
A large Part Of this ch arnpagne and td
wire Is Shipped bafciS3 to Ane RIGA l z
vine cas- rs made a. sPept lar Bl,l1rfss Mo.
in the largest Dry u ttle
~ Ssl 5ss.s ]
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1904-05-05

HARRY SHAW, Chairman.
a. L. LEHMAN, Secretary.
Dated April 50, 1906