davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1904-03-01
Q. Mr MEErs roNroHr.
l1at.er. of Impoftanes .o Montgon

Matters of Importance to 1ontgom-
 cry to be Discussed.
 The meeting Of the Commercial and Industriai Association tonight will be an important one, and in some respects an innovation.
 The association has . large number of matters to which special attention is be- ing given All of these, however, can not be given special emphasis at any one meeting. There is the matter of the insurance rates, of the investigation made in answer to complaints as to the service rendered by tho Western Union Telegrah Company and the Southern Bell Telephone Company, of better transporta- ton schedules to West Alabama, of properly advertising Montgomery abroad and of . host of other matters. Then there is always important new business to be transacted in response to sugges- tons made at the meeting itself by mem bers present.
 Just as soon as the important old and new business is out of the way, the even ing will be specialized and the program turned over to the members of the Trans portation Committee, who will present the subject of Montgomery's transportation facilities.
 F. F. Johnstone has been selected to present the matter of "Montgomery's Transportation Schedules" c. F. Moritz will discuss a Montgomery Trade Ex- cursion." while Henry c. Jones has been requested to compile a short paper upon "Monigomery's Additional RaiiFoad Pos. sibflities."
 Altogether the papers will concentrate attention upon the unusual advantages possessed by Montgomery as railroad center. Afterwards a general discussion | of all papers will be afforded and sug- geations welcomed.
The Montgomery advertiser., 1904-03-01
sAfYTIN ET. AL. V. KING.

sdYIdN EFT. AL. V. KING.
 Hill In equity by tenant in common for
 sale of property for partition and di-
 vision, Appeal from the Chancery
 Court oE sTalIadega.
 1. ContfA1ts can be altered or rescinded by mutua agreement. Parties to a con- tract max at pleasure, alter. modify or rescind sucm contract, without any new consideration therefor. If the alteration, modification or resclssion Is supported by their piatslal assent.
 2. TenaufA in common; rescission of contract for sale between co-tenants; right Of partition not affected thereby Where three tenants in common. owning equal undivided one-third interests in ths common property, enter into a con tract whereby one of the co-tenants agrees to sell to the other two, his undi- vfded bne-third interest, each of the pur- chassrs to pay certain stipulated amount for said interest, 1t is competent for the vendor co@tenant and one of the purchasing co-tenants, by mutual assent, to KeBcfid and cancel said agreement, so lar as such purchasing co-tenants is concerned; and the fact that said agree mert ts so cancelled by mutual assent, does not prevent the purchasing co-ten- ant who rescinded said agreement, from maintaining a bill to have the common property sold for partition and divis- lon.
 x Eill by co-tenant for sale for parti- kiun and division; pendency of another suit as to same land no cause to sus- pend execution of decree.-Where, upon d bill filed by a co-tenant to have the property owned in common with other co-tenants sold for partition and divisio, n decree of sale is rendered. the fact xhaf there was pending in the same court cause of action between the same par q. Alx erty constitutes no ground to suspend the execution of the decree of sale as rendered. where 1t was shown that the parties had never moved the court to consolidate the two cases. and the court did not deem 1t necessary to the endE of justice, to make an order of consoida- eion of it's own motion; and a motion to suspend the execution of the decree, upon the ground of the pendency of said suit, is properly overruled.
 ( Equity pleading; when no special plea shown.--W While the defendant in a ehancery suit may interpose a defense by an idependent plea pleaded separate " from the answer, or incorporated as an Independent plea in the answer, yet, the mere averments in the answer as a part thereof. of a general defense to the bill. can not be set up as a plea in equity; and the fact that the defendant employs the language that 'he ayers, says and pleads" the facts stated, does not char actsfize the averment as a plea, when ff is shown that it was not incorporated in the answer as a plea, and was not presented by way of an independent plea.
 8 Tenants in common-partition matter of right.--Partition of property owned in common by co-tenants is a matter of right, and may be decreed by a court of equity, whether the title of the parties
The Montgomery advertiser., 1904-03-01
"I. wrote fO Or. Pierce for advice though 4 thought surely ' would die. ''

~Afer my baby came in January. Eecer wrsees MTa NancT AbneT, of St. Paul, AfE-, " eAHeye9 sSe Use % M sS sS.'s "Ses seG sssd oe your pamphlets, tfeatin9 on female diseases. wrote tO Ir. lPissce f0E advice. altho9Sh thSHgh11 :Ty GSS 1. e . % S. es sS.PP PHsst1 z set we fatheTfy advice caused my health to be restored ! took i've botflee of Dr. Pierce's FavcStte Pre-. scEiptsoa: thtss q Sc,Ssa Msdassi D.sSCvsry sc . ether remedisA and an sew able to dos ell my works
 Weak end sick women are invited to eouanlG DE. Pierce, by letter, JSSe, and co obtain without charge og fee the advice of . specialist upon diseases pecuAimr to women. All correspondence Q held as strictly private and sacFedly confidential. Address Dr. R. V. Fierce, Buffalo, N. N.
 The invitation to consult Dr. Pierce, by letter, ESes, is not to be confused with oFers of Sfree medical advice" made by irresponsible persons who are not phyicians and are professionally aud legally disquali6ed for the practice of medicine.
 Dr. Pierce's Favorite Prescription is e cafe and reliable remedy for the cnre of awOmanly ills. It establishes regularity, dries weakening drains, heals inaamma- ton and ulccsgtion and cures female weakness.
 FREE. DR. Piecce's Common Sense Medical Adviser is sent free on receipt I of stamps to pay expense of mailing OS!T. Send 9f one-cent sfamps for the book in paper covers, or 3I stamps for the cloth bound volume. Address Dr. R. V. Fierce Sufalo. N. Y.
The Montgomery advertiser., 1904-03-01

eharEe which instructs the jury that knsy "can not guess at defendants guilt nt must be convinced by the evidence seyona all reasonable doubt that defend. -. is guilty before they can convict; anu aazeea the Jury fsnds that the testimony ol the witnesses declare positively ana oeyond ail reasonable doubt that de- Iendant is guilty. the jury cannot so ma. is erroneous and properly refused; M not being required that the testimony 3I tne witnesses should declare positive- " that the defendant is guilty.
 1T. same; same.-For like reason, charge which instructs the jury that the jury by their verdict can not so be- yono the testimony of the witnesses m tnis case and unless such witnesses nave proven positively and beyond all reason able doubt that defendant did the shoot ing. then the jury can not convict Is erroneous and properly refused.
 Lz. same; charge as to circumstantial evidence ana reasonable doubt.-On the trial of q criminal case, where the evil dence tending to show defendants guilt was circumstantiai. a charge Is erron- sous and properly refused which in structs the jury that the evidence in this case is circumstantial, and each fact constituting the chain of circumstances in this case must be established beyond reasonable doubt and to moral certain guilty"
 13. sams.-In such a case a charge ie erroneous and properly refused which In. struets the jury that "the human provis- tons of the law are that upon circurn. stantial evidence there should not be conviction unless to q moral certainty it excludes every other reasonable hypoth' ssts than that of the guilt of the accused no matter how strong may be the cir cumstances, If they can be reconcilec with the theory that some other persor may have done the shooting. then the guilt of the defendant Is not shown by that full measure of proof that the law requires"
 14., Same.-In such case, a charge Il erroneous and properly refused which in' struets the jury that before the jury can convict the defendant they must bt satisfied by the evidence to a moral cer' tainty not only that the proof Is eonsis. tent with defendants guilt, but that it ii wholly inconsistent with any other Ea' tional conclusion, and unless the jury art so convinced by the evidence of the de fendants guilt then they would eacf venture to act upon that decision in mat. ters of the highest concern and import. ance to his own interest, then they must aequit the defendant"
 Reversed and remanded.
 Opinion by Dowdeil, J.
 --A--~-----------
 Fronehtal frro,,f,ten are after narTn nar n anti |,
The Montgomery advertiser., 1904-03-01

A correspondent says the last was the worst Christmas that makers of dolls ana toys ID Germany ever experienced.
The Montgomery advertiser., 1904-03-01
eADSDEN BUYS ENGINE.
Up-to-Date Apparatus for Fighting
 Elamea

Op-Vo"O1tC ApparAtuS I0E GlSnL1uB
 Flames.
 Gadsden. Feb. 2s.-(specia1) )-The Ire engine recently purchased by the city has been shipped and is expected to arrive in Gadsden this week. The engine was purchased by the city at cost of 4,5OO. and was built and designed especially for Gadsden. An expert will be sent from the manufacturers to see that 1t Is deliv- cred to the city in perfect order. Gads- den is the smallest city in the State to own an engine of this kind, but the wa ter works are such that it was deemed necessary for the safety of the city to purchase fire engine.
 The Dwight Manufacturing Company has built a church, donated comfortable house for parsonage, and helps to pay the pastor's salary. The church has been turned over to the Methodists of Alabama City. Rev. W. W. Scott of the North Alabama Conference, is pastor. The Dwight Company has the city school taught nine months in the year and bears all the expenses of the school. Every empioye's child can attend this school without charge. The company has also built splendid public library and equip ped 1t with the best books and it's em- nloyea can read without a cent expense. Prof. J. H. Jarman is principal of thc school and Sam Acton is librarian.
 The Louisville and Nashville bridge of the Altoona extension is nearing com pietion, and in about two weeks will De turned over to the company. E. w. Hausman, the contractor. has built two piers for a steel bridge over Ciear CreeH and will soon complete the piers for hig steel bridge over Wills Creek. After these bridges are completed. Mir Hags. man will move his outfit to Tusealooaa' where he has contracts for railroad+worK
 
 Work at the big steel plant of tse Ala Ala bama Steel and Wire company, tk DeAils 2 r,sheh ana the plant will Ef0bably be making steel by the first Of JpIss < Both the Messrs. schulsrs are deyotipss tnelE 1T personal attention to the eonsrucsion % ol the plant and are rushing every ospas'' ment as fast as possible
The Montgomery advertiser., 1904-03-01

Trans s7 and 90 caEry P9ismsaa ss anS drssSses ss esr with SuRere atnnlSs nvssSns dining car service Spa 4ssns 5SEs s thEOuEEa uEEa@sy fss SSa'A of Ala6ams Connecting with Weststtn csStS ia Grange to Macon. Srnss. % s TYLER. e. A. MSntESS%;ry ESa a B hRYw E V LuPS, S,,.SSisIEIN Si P, and 0. ". Atlanta. Gs:i
The Montgomery advertiser., 1904-03-01
spRAec1Ns V. THE STATE.
Indictment for ap Assault with Intent
 Murder.-Appeal from the Circl

Indictment for ap Assault with Intent to
 Murder.-Appeal from the Circuit
 Court of Cherokee.
 1. Pleading and practice; conflict be- tween recitals in bill of exceptions and judgment entry; how considered a conflict arises between the recitals in a bill of exceptions and the Judgment en- try. as to the matter which should be contained and set out in the judgment. the recitals in the judgment will, as a general rule, prevail and the issues up on which a case, whether civil or crimi- nal. is tried, are properly recited in the judgment entry; and the recital of ,the judgment entry will prevail over con tradictory statement In the bill of ex- captions.
 ?. Trial and its incidents: when issue joined upon pleas of former acquittal and not guilty. defendant entitled to verdict
The Montgomery advertiser., 1904-03-01

Elegantly electric lighted New orleans, Lebanon and e Nashville. Service @ la carte
 New and handsomely built Cincinnati and New Orleans, through trains between Ctncir
 Train No. l carries througf to New Orleans.
 Train No. 5 carries throug Orleans and St. Louis to Jacl ing Montgomery at s:$ p. m. Southern Pacific.
 Train No. 2 carries throug cinnati, and Jacksonville to Si sleeper to Chicago.
 Train No. carries throug natl and Chicago without cha
 All through trains make elc Orleans for all points North.
 For further information ? L. and N. R. R. or write or
The Montgomery advertiser., 1904-03-01
FAIRFIELD V. FAIRFIELD.

Action of Trover-Appeal from the Cir
 cult Court of Houston.
 l. Divorce marriage of wife after divorce void unless authorized by de- cree.-Where. upon bill filed by hus- band asking for a divorce from his wife. a decree is rendered granting said divorce and allowing the husband to re- marry, but the right to re-marry is not granted to the wife and there is no sub sequent decreetal order allowing such re- marriage subsequent marriage by the former wife Is absolutely void.
 2 Same; void marriage conters no right in wife to property of husband Where. by neither decree of divorce nor subsequent decreetal order, the wife from whom the divorce is granted, Is not allowed to re-marry, the subsequent mar raige of such former wife is void, and confers no right upon her in the property of the estate of her last husband.
 Affirmed.
 Opinion by Mcclellan. C. J.
The Montgomery advertiser., 1904-03-01
TEACHERS PASSED.

Certificates for Lowndes and Pickens
 Applicants.
 The State Board of Examiners has graded the papers and granted licenses to teach in the public schools of the State as follows:
 Lowndes County: Vernon w. Barnett, Belle Goldsmith, E. H. Whiting, B. R. Jorvers, Mary Francis Jackson. Ina c. Pritchett.
 Pickens County: Julia E. Jennings, Mo- ra Hudgins, Lillie Hanson, James VII. liam Thomas Cunningham.
The Montgomery advertiser., 1904-03-01
ATTORNEY GENERAL RETUNNS'
Went to opelika to File Bill in
 HhAmnArW


 ChAnceTy.
 Attorney General Massey Wilson re- turned yesterday morning from opelika' where he went to file bill in the Chan cery Court to put the shaoard Bank m the hands of a receiver
 Under the ordinary procedure of the State banking law the doors of the bank would not be closed until this oil had been filed. At conference between banK r,xanniner T. J. Rutledge and the officials of the bank. an agreement was reached for the quiet closing of the doors or the bank before the law had taken It's course.
 The receiver for the bank will be ap- pointed by Chancellor R. B. Kelley. or the Northeastern Chancery division. Inis appointment Is expected daily. M Tr fine meanwhile the assets and Ha- h,Iitias of the bank are unknown.
The Montgomery advertiser., 1904-03-01
Head Notes Of khe Decisions
 Of Alabama Supreme Court.

be legal or equitable; and the fact that inconvenience or injury may result or mischief may be entailed upon the prop erty, or that the partition or division may be embarrassed by difficulties, does not deprive a co-tenant of the right to de- mand a partition of the common proper ty nor does the fact that there is a lien on the interest of one of the co-tenants, affect the complainant's right to & sale.
 Affirmed.
 DIMMIcK PIPE WORKS v WOOD. Action by parent to recover for injuries
 to son. Appeal from the City Court
 of Birmingham.
 1. Action by parent for injuries to son; admissibillty of evidence.--In an action brought by a parent to recover damages for personal injuries to a son,
 who was IA years of age, where 1t is averred in the complaint that the de-
 fendant. without the consent of the plaintiff, caused his son to do certain
 work, which was highly dangerous to a person of his youth and inexperience. and in consequence whereof the son, while so engaged, suffered the injuries com | plained of. 1t Is competent, upon the | examination of the plaintiff. to ask him
 whether he consented for his son to work dt hAo . LOhiNAy hihC Aii- | juries were sustained: such question call | ing for a fact material under the issueI of the case, and not for a mere uncom l municated mental status of the plaintiff 2. Parent and child; parents consent l for child to engage In work not construed as consent to engage in work more dangerous. The knowledge or consent on the part of a parent that his son Il
 years of age should engage in certain A- A carry with 1t the implication, nor will it be construed as the parents consent for
 the son engaging in other work of his
 employer which is more dangerous than
 the work which the parent consented for his son to do.
 Affirmed.
 Opinion by Sharpe. J.
The Montgomery advertiser., 1904-03-01

TO CURE A COLD IN ONE DAY. raks Laxative Promo ouinine Tablets. All druggists refund the money If 1t falls to cure. 0. W, Grove's signature is on each oox- zoe
 t,a.th.sa-tf
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1904-05-28
AMT IT
THE TRUTH

"In a little country school not tar
.rcises are held regularly on every
Friday afternoon during the term. y
twelve year old boy read an original
essay on The Newspaper This lat
ter day Youthful Solomon treats his
subject thus:
Newspapers are sheets of paper
on which stuff to read is printed. Inc
men look over it to see if their manic
is in it. Idon't know how newspapers
come into the world. don't THINK
God does. The Bible says nothing
about editors, and never. heard oI
one, being in heaven. The first editor
T ever heard of was the feller VINO
wrote ,1p the flood He had been here
ever since"
..Son1e editors belong to the church
and try 10 raise whiskers. All OF them
raise hell in their neighborhooa-
Sometimes the paper dies, and then
people feel glad but some one starts
it up again. Editors never Went 10
school because editors never get mex
ed. Our paper is a mighty poor one,
.b,,t we take it so ma can use 1t ca
her nantry shelves. Our editor don't
amount to much, but paw said he had
a moor chance when he was BOY lie
goes without underclothes in winter
wears no socks and has wife to SUP
mort him. Pa has not paid his SUD
scription in five years and don't. i'll
tend to-"
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1904-05-28
NOTICE

We, the undersigned merchants OF
Fairmont, do hereby agree to close
our stores all day May so, 1904:
j. NJ. Hartley & Son, Geo. G. 9easeE,
]. E. Anderson, e. Trickett. T. W.sAr-
nett. Gettings & Walters, Nor
gan Bros, Geo. S. Lantz, +. r. Ciel-
land, The Famous, Mrs. Horan, Nhei-
daffer & Brownfield. j. G. McCorrey x
Co., F. X Lowe, Chas- G. Robh, c.
Hernean & Co, n. c. Cochran, w. a
Fisher, w. M. Fleming, e. G. Stemple,
Latham & Nenear, j. H Beckman, T.
E. Tetricll & Co, Sam b. tlseman,
Martin Bros, G. L. Jol1iffe Il Co.,
Union Clothing House, D. r. Broh.
Geo. Mansbach, Fred c. Fleming, 3
F. Nuzum, Fairmont Furniture Co., j:
l.. Hall, Chas. b. Highland, Randall &
Co.. Coal City House Furnishing Co.
Boice Bros, C. C. Denham
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1904-05-28
A GOOD
OF GA Ne
"A Pretty Game That Teae q 40 g
{ the Flags Of All Nations,

a very pretty and interesting siit ans,
may be played With sheet OF papSr
or cardboard on which are paintsfi
the Hays of all nations. The sheet
may be prepared by snS one who mas.
o little talent for drawing, and tho
il may entail some trouble, 1t VIII
douby pay for itself
1t is not hard TO find colored PICTURES
of the days. Almost any good ga&et5
teer or big dictionary contains such a
sheet They should be copied in prop.
er order on the paper or cardboafu
and colored in water colors.
When the copying is done put
number under each fiag instead ci
the name of the nation it belongs 70
and hang the sheet on the wal!
where all the players may see 1t. Gave
2 sheet of paper TO each player VALE
n list of the numbers down the 1eit
hand margin
Now allot certain time-say rs
an hour-within which the players are
10 write opposite each number the
name of the nation to which that par
ticu1ar nag belongs When the tune
has expired each player signs his or
her list and hands it TO the leadcr'
who examines them all and awards
the prize TO the one having the most
names right.
y miniature American flag made q
silk would be a suitable prize to
offer.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1904-05-28
4 nj PEcUL ARiTIEs.
E:acI. sspecicsss Has a Dist factE oaoraa
Germ bic by lthcrs 4 ntsss "a

Il {, Z nsf,.i 80 HIS q soasffnct Odor2
Discerni Bile By o. hcrs y u
Is. E.ts.hss,Iit species apISasrs TO have It's
IS odor. diseernib BILE by other
an 3 Si1f ifslin each species there are
also diff erences of odor5 dependent on or
the sige#of the colony and the age.ot
4 lt, t,,Ieeiis from whose egg its inmaIes
arc. produced. The ants organs OF
smell are its antennae, and the an1eail-
nae consist as it.were. of Il series OF
noses, caci, of which kaSa speciaLtaS
One nose. tells the ant whether it IS In
its own nest or that of an eneiny.f-An-
other nose discriminateS between doors
of ants of the same species. but OF DIX
ferent' colonies.a The third serves the
purpose Of discerning the scent Ia1d
down Cy5 the ants own feet so thas II
may rctrace its steps along IT'S own
natt. Another rose smells the ant
larvae and pupae, and the fifth nose
detects the presence of an enemy.
Thus if an ant be left with Only tlie
four noses it will live peaceably vain
alien ants. but while IL has Its httn
nose it will fight the alien to the death.
IF mrs make one another's acqua1nt-
once before they are twelve hours OLD
they will thereafter live amicably 10
rether. though of different species OF
subfanilies. But in three days after
Matching their criterion OF correct anl
odor is established. and they refuse TO
affiliate with ants whose odor is not
in accord with their standard.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1904-05-28
t-lNCOLN'S POETRY.
verses That Were brought to LiEhs
Only 10 BE Destroyed

v~rscs That Were Thought to LiSik
Only TO BE Destroyed
1t is a sentimental habit of speech 70
regret the .-songs never sung. 1et
the f,ispassiouate critic knows there IS
quite enough poetry unless it IS OF the
very best. He has no tears for "nute.
inclorious NIiItons.'' But there is no
tr11e American who would not pay i
price for 4 certain batch OF poems
probably long ago destroyed
Gibson William Harris Who was Il
law student in Lincoln X lerndon
Office from 1915 to 1917. has written
for the Wonan'S Home Coalpahlon
some of his recollections of Abraham
Lincoln: In putting the office in order
one morning he came upon Two or
tIree o,,ircs of letter paper stitched To-
.,ether inside a desk. He turned the
leaves and found that they We're GOV
cred with stanzas in Mr.. Lincoln near
running hand
When Mr.. Lincoln came in. the young
man took the manuscript out OF the
desk again and held it up with the IN
necessary and impairment INQUIRY
whether the poems were his
"Where did you find It asked ME.
Lincoln.
He took the manuscript, rolled 1t up
and stuffed it into his pocket. lt was
never seen again. The theory OF the
writer who tells the story is that It
was taken home and put into the IRE
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1904-05-28

A voluntary contributor to maya
zines and newspapers had desirable
article returned to him the other Gay
because he began the opening para,
graph with the definite article, me
The editor wrote: IF we should allow
nil of our authors to begin with the.
every article would SO begin Ihere
&c Mt least one newspaper in New YORK
which will not accept story OF any
kind if it begins with .'the" Inc eui,
tor in charge seeing the the at 'he
opening, Immediately throws the stors
into the wasteba York fress'
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1904-05-28

have a good sal Don for sale that IS;
doing nice business alta good bar
gain. H.H. LanhaIn. s -; 3