davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1904-10-13
HeAd-Notes of the Decisions
 of Alabama Supreme Court

requested by the defendant Is properly refused. which instructs the jury that l if said States witness made state- ments out of court in conflict with those made in court. and If they be- lieve this fact" then said witness is impeached.
 Reversed and remanded. Opinion by Tyson. J.
 KIRKLAND V. THE STATE. Indictment for Murder.-Appeal from the Circuit Court of Houston. l. Evidence; when secondary evil dence of testimony of absent witness admissible. Before the secondary evil dence of the testimonysof absent witness given on a former trial is admissible upon a subsequent trial, 1t is necessary to show that said witness has removed from the State either permanently or for an indefinite time. and that his per- sonal attendance upon the court is not obtainable.
 2. Evidence of testimony of absent witness; proof of postmark and date of letter-Where in seeking to prove the absence of a witness who had testified upon a former trial in order to intro duce secondary evidence of his testi- mony. if witness testifies to having re- cefved letter from said witness. the highest and best proof of the date and postmark of said letter is the paper bearing such postmark and date, and until the loss of such paper is proven. 1t Is not competent to prove the date and post mark by the testimony of the witness who had received such letter.
 3. Homicide; admissibility of evil dence On trial under an indictment for murder. the fact that after the ho- micide deceased was carried from the place where he was killed in a wagon, and with nothing but a band-box un- der his head. is wholly immaterial and irrelevant, and not admissible in evi- dence.
 4. Same: same .-On a trial and in- dictment for murder, it is not error to admit in evidence testimony as to where the defendant and deceased live.
 5. Homicide; charge of court to tury.-on a trial under an indictment for murder. a charge Is erroneous and properly refused which instructs the jury that the defendant need not have attempted to retreat, if they believe from the evidence that the defendant was free from fault in bringing on the difficulty, and was in imminent danger of life and limb"
 6. Same; same. .--on trial under an indictment for murder, a charge Is erroneous and properly refused which instructs the jury that If they believe from the evidence that the defendant in good faith retired from the difficulty, and after such withdrawal was as- saulted by the deceased, and was in im- minent danger of loss of life or great bodily harm. and had no reasonable means of retreating. he had the right to strike the fatal blow"
 Reversed and remande6
 Opinion by Sharpe, J.
The Montgomery advertiser., 1904-10-13
ATTEMPT TO BLOW UP GIN.
Dynamite Bomb Found in F'lue oi
 Boiler.

Anniston, Oct f2.--(Special. )--An at tempt was made Monday afternoon to blow up the gin of Messrs. Massey and Chitwood, two miles from Oxford, by dynamite. Just who are the perpetra- tors Is not known, although there is said to be strong suspicion. About three or four weeks ago the gin was burned. It had been rebuilt, the ma chinery all placed. and in order to test 1t, fire was started in the engine. The water in the boiler was scarcely warm when the explosion took place. No one was hurt which seems almost incred- ible. Yesterday when workmen began clearing away the debris in order to make repairs. an unexploded dynamite bomb was found in one of the fiues It Is thought if this also had exploded the damage would have been serious and life would have been lost.
 Arthur Haynes, charged with the murder of Willis Turner will face d jury Of his peers Monday. October 24. |. Haynes is charged with murder in the first degree and he with several other prisoners were brought before Judge Coleman yesterday that their cases could be set for trial. The case of William T. owens. also charged with murder in the first degree, was set for
 
 with murdering a man named Cobb near Choccolocco.
 seab Crook, a negro. charged with murder in the first degree, will be tried Friday, October 21.
 The cases of Sam Terrell, Frank Reid and Clint Reid, charged with wrecking the Seaboard Air Line train at Jacksonville few Sundays ago, were called up by Judge Crook yes terday and after hearing the evidence the negroes were discharged.
 Mrs. w. c; Minter died yesterday af- ternoon at 1 o'clock at her home on Twelfth Street, near Pine Avenue. She was the daughter of MT. A. A. NeaIe, warden at the city hall. She had been very sick for nine months with infiam- matory rheumatism.
 Mrs. J. w. Carr died yesterday af- ternoon at 2:3O o'clock at 1918 West Seventeenth Street. after lengthy ill., ness The remains were shipped to Spring Garden this morning and the in- terment will take place this afternoon at Carmel Cemetery, near that place. The cause of her death was pneumonia. contracted after an Illness of fever.
The Montgomery advertiser., 1904-10-13

4
 hest man in the United States. thst would not affect. except to his dlscrs,e. It, the conditions in which neither tie tne best man nor the worst man Tn ln,s ITS country should ever be found. o o throw up a cabinet ofice, to pecoHe z campaign collector. under the admltivo promise of greater and higher cao,- oi- net ofiice, in case the campa,sn co, lections work successful results. IS statement. and involves a progIan,' that ought to be impossible-pu,I Wnlcn WI ra- miserable to tell, and shamefui 70
 cord. are actual. evident. dreadful. nor rible. hateful and visible and not 1nly undenied. but applauded, today LIt LheIe IS no proprie.y of government which this does not Violate. There Is no se- curtty of decency in politics whlcn this does not fiout and attack. mere Is no precedent for 1t in the pre- exIs,.. ing history of the world There snoule be no precedent for 1t in the history or the world hereafter. The act itself has in 1t that quality of moral monstrosity. which should smite 1t with the impo- tency that can be rewarded neither with prosperity nor with propagation.
The Montgomery advertiser., 1904-10-13
Opinion by Dowdell. J.
LAWRENCE vs. LAWRENCE.

LAWRENCE vs. LAWRENCE. Bill in Equity for Divorce.-Appeal
 from the Chancery Court of Pike
 County.
 1. Decree for alimony; will not sup port an appeal.-An interlocutory de- cree allowing a wife who is comp1afn- ant in the bill seeking a divorce from her husband. alimony pentente lite, will not support an appeal; and as- signments of error based upon such decree are properly stricken by the Supreme Court on motion.
 2. Bill for divorce; sufficiency for averments of husbands adultery Where bill is filed by wife against her husband, seeking divorce upon the ground of adultery, the averness In said bill that complainant "has only recently obtained knowledge of the unfaithfulness of thehusband to his martial vows to her." and has learned that he has been, and is now guilty of audulterous acts with certain wo- man." and continues such illicit in- tercourse with her." constitute a suffi- cient averment of the facts of re- spondent's adultery.
 3. Bill for divorce and alimony; when insufficiency of averment of re- spondent's financial condition waived. Where a bill is filed by a wife seek ing divorce from her husband. and asking for temporary and permanent alimony and after a reference has been had before the register under or der of the court to ascertain what property was owned by the respon- dent, at which reference the respon- dent appeared and filed exceptions to the report made, a demurrer is filed questioning the sufficiency of the aver ments of the appeal as to the finan- cial ability of the respondent to pro- vide alimony. such demurrer comes too late, and the objection sought to be raised will be considered as having been waived.
 Affirmed.
 CSninfon hv Srvson I
The Montgomery advertiser., 1904-10-13

The Buffalo News works itself into a state of mind over the extravaganza in the New York city government. It calls big capital letters to its aid to show that the expenses of the city gov ernment reach one hundred and twenty million dollars in one year. Well. we admit that there is no excuse for a Democratic city administration trying to follow the example of the Republi can national administration.
The Montgomery advertiser., 1904-10-13
WIn Soon Kin HIs Last Bull.

Mexico City, Oct. 12.-Louis Hassan- tine, the noted Spanish bull fighter, and his brother Thomas. will soon arrive here, where they will give one of their last performances Louis intends aban- doning the profession after returning to Spain shortly to kill his last bull in honor of the queen.
The Montgomery advertiser., 1904-10-13
Knows a Man
Mobile RepiS

MOblIe ReglSter.
 The Montgomery Advertiser enlight- ems the public About Hornets" It is a subject concerning which we know very little, but we know a man in Ala bama who has a distinct idea of what is meant by hornets nest" the Dem ocratic nominee for Congress in the Fifth District
The Montgomery advertiser., 1904-10-13

indirectly by the Commission. will be determined by a comparison of figures as to the cost of the work now being done with the proposals made by tbe contractors. No decision of that point IS expected for several months.
The Montgomery advertiser., 1904-10-13

It is stated now that the Delaware negroes are refusing even to regis ter until they are paid It is possible that the Addicks crowd have been get ting their votes and then refusing to pay the price?
The Montgomery advertiser., 1904-10-13
More Economy.
Iafrr,ipubar, T ad1ar

Birmingham Ledger.
 Those New Jersey men who are building their own coff1ns to save money should remember that if they will get inside and have the lids screwed down they'll eeonomize still further.
The Montgomery advertiser., 1904-10-13
sDeaka for All.
RirminRham Ledger.

Birmingham Ledger.
 General James B. Weaver Is speak ing for Parker. General Weaver has spoken for himself and for others for many years, and we hope for once he will be on the winning side.
The Montgomery advertiser., 1904-10-13
A Black Eve.

Tuscaloosa Times-Gazette.
 Things look we'll in a business way for the South but if Teddy gets re- elected and takes up Tobias's article in The Review of Reviews and acts accordingly. it will be black eye for this section. It will not be what we want but what we can get
The Montgomery advertiser., 1904-10-13
None to Find.

Union Springs Herald.
 The Montgomery Advertiser evident ly failed to find any wit or humor in Hon. J. Thomas Hehin's infiammatory utterances.
The Montgomery advertiser., 1904-10-13

George Ade took dinner with Roose- welt and at once announced that New York will go Republican by 10000 ma- jority. If he had staid to supper, he would have made 1t unanimous. in all probability
The Montgomery advertiser., 1904-10-13
VIII Break Loose .
Mobile If,

MOblIe Item.
 The Birmingham Ledger says there is a scheme to have a negro run against Congressman Hardwick of Georgia. then to have a contest and have the negro given the seat. If this Is so h--l may be depended on to break loose in Georgia once again.
The Montgomery advertiser., 1904-10-13

The betting on Herrick is now 10 to z. which is another of those straws showing the direction of the prevailing Men do not put up their money and give odds unless they think their chances are good.
The Montgomery advertiser., 1904-10-13
MCQUEEN vs. THE STATE.

MCQUEEN vs. THE STATE. Prosecution for Failure to Perform
 Contract with Surety on Confession
 of sJudgement.--Appea from the
 Law Court of Pike County.
 1. Failure to perform. contract with surety on confession of judgment amendment of affidavit.--Cm 6 prose cution for failure of defendant to perform a contract with his surety who had confessed judgment with him on conviction for misdemeanor where the affidavit charged that the confession of judgment by the surety with the defendant was for the fine and costs" 1t is admissible, on the trial for the State to amend the affidavit by striking out the words fine and and after such amendment, 1t is not necessary that there should be a re- verification.
 2. Same: confession of judgment for only costs.-Where confession of Judgment by a surety is only for the costs of the defendants conviction. and not for the fine and costs. and upon such confession of Judgment, the defendant enters into a contract with his surety, and fails to perform said contract. he may be prosecuted for such failure under the statute. Code Sec 4751.)
 Affirmed.
 Opinion by Dowdell J.
The Montgomery advertiser., 1904-10-13
A snLIn FnuNDATION.

Zion. Our circulation Is solid and combines pot only quantity. but class and quanty. edged the ideal newspaper of Alabama sno is not only conservative but thoToushlys " progressive and reaches just the class oI people who possess both intellect and pur- chasing power which is pleasing 10 tne high-grAde merchants who advertise Tn tts columns The following statement TOT S .ns month of August, 1904. is compiled py eno sworn to by our Circulation Manager anu 's Absolutely reliable.
 Watch us grow.
The Montgomery advertiser., 1904-10-13

Because The York (Pa.) Dispatch be- lieves that the voters are not fools it also thinks they will not vote for Judge Parker. We cant see the connection.
The Montgomery advertiser., 1904-10-13

The Pittsburg man who was fined for swearing over the telephone had prob ably arrived at the point where it was swear or burst. It is not an unusual condition
The Montgomery advertiser., 1904-10-13

that the possessor can be as mean and stingy as he pleases.
The Montgomery advertiser., 1904-10-13
Mormons VIII Move on N.x,..

Mexico City. Oct. 12.-Representa- eives or the Mormon Church of Utah are negotiating for the purchass ot II tract of 5000 acres of land |, th State of Tabasco 'i''
The Montgomery advertiser., 1904-10-13
< < < $ 4 < 4 < < < < %% % 6 WHAT THE STATE PAPERS z ARE SAYING. {
Acquires It SObn

Birmingham Age Herald.
 A certain divine. the Rev. pr. Car ter, says that man is not born with sin. If that be the case he acquires 1t a very short time after birth.
The Montgomery advertiser., 1904-10-13

P. J. Kelly. Circulation Manager of The Montgomery Advertiser. being duly sworn. says. The foregoing statement of The Ad- vertisers daily circulation for the monw of August, 1904, is true and correct. and compiled after all returns from news boys. news agents and leftover copies have been deducted.
 P. J. KELLY,
 Circulation Manager. gworn to and subscribed before me this 18th day of September, 1894.
 F. W. JACKSON,
 N. P, Ex-O. J. P.
The Montgomery advertiser., 1904-10-13

Hasn't the weather man almost ex- hausted his stock of hot and dry waatherA
The Montgomery advertiser., 1904-10-13

City subscriptions should be paid to the following authorized collectors only: C. J. Calm. City Calculator; E W. Mccain: G Ffnnisan, Walter L. Johnson. J. L. Mapes and N. shaver
The Bellefontaine Republican. [volume] (Bellefontaine, Logan County, Ohio) 1855-1905, 1904-01-22
MORAL suAsloN.
The Experience of school omcial
.H--nnrrnl

The Experience of School Official
who Advocated H.
This story is told at the expense OF
recently appointed supervisor of a
public school in this city:
One day she happened TO be visiting
a school where young incorrigibIe
was undergoing punishment for a Sc
ries of misdemeanors.
The teacher cited him as 1.-THE worst
boy in the school-one | can't do any
thing with I've tried everything in
the way of punishment
Have yon tried kindness?" was the
gentle inquiry of TIE other lady
Il did at first. but I've got beyond
that now
At the close of the session the lady
asked the boy if he would call and see
her on the following Saturday. \ boy
arrived promptly at the hour appoint
ed. The lady showed linn her best pic
lures, played her liveliest music and
set before him luncheon on her dain-
tiest china. when she thought it about
time 10 begin her little sermon.
My dear" she began. were you not
very unhappy to have TO stand in the
corner before all the class for punish
ment:"
Please. ma'am.'' broke in the boy.
with his mouth full of cake. that
wasn't me you saw 1t was Pete. and
he gave me 10 cents TO come here AMI
take your jawing Philadelphia Ledg
The Bellefontaine Republican. [volume] (Bellefontaine, Logan County, Ohio) 1855-1905, 1904-01-22

Mr.. Ncshi;. who had painted a pic
ture of the noble red man in war paint
AMI feathers. wanted an unbiased opin-
ion uf hiS work His wife said that the
picture Was the best thing Of the kind
that she had cye- seen. His dearest
friend. ton. was decidedly enthusiastic.
Both declared. IN short. that any one
would know at a glance that it WIS in
tended tor an Indian.
TO tell the truth" said NeSbit. look
ing somewhat doubtfully nj the picture.
Il haven't great deal OF confidence in
either If You. You always praise cv-
erything do. Now I'm GoiBg down TO
the street to see IL can't find some
person who can be depended upon tu
give me an absolutely Wuprcjud!ccd
opinion of this picture-a chill. for in
stance. Children always tell the truth.
Five minutes later Ncshit returned
with three small boys whom he had
found playing marbles in the street.
NOV. boys" he said. take COED
look nj this picture. I'll give each Of
yon ~ cents IL you'll tell me just ex'
ac;ly what you see"
a rooster SHOUTED the three boys
simultaneously CcmDanicn-
The Bellefontaine Republican. [volume] (Bellefontaine, Logan County, Ohio) 1855-1905, 1904-01-22
The Compass Plant.

On the western prairie is fennd what
is called the compass plant. which is
of great value 10 travellers. The long
leaves at the base of lis stem are placed,
not fiat. as in plants generally. but in
a vertical position. and present their
edges north and south. The peculiar
propensity of tie plant is attributed tc
the fact that both surfaces of its feaves
display an equal recept;viiy fer light,
whereas TIE upper surfaces of the
leaves OF most plans are more sensi-
tive to light than the lower. The leaves
thus assume 4 vertical position and
point north and soutiI Travellers on
dark nights are said 20 feel the edges
of the leaves TO ascertain tie point OF
the compasS
The Bellefontaine Republican. [volume] (Bellefontaine, Logan County, Ohio) 1855-1905, 1904-01-22

There is six-year-old West Phila-
delphian who already gives evidence
of possessing the necessary qualifica
tions 10 place him at the head of some
great trust For some weeks past he
has been troubled with toothache. and
his mother has coaxed. threatened and
hired him TO 20 and have the tooth ex-
tracted. but the small boy could not get
his courage To the necessary point.
Finally one morning when mamma
had been making bids. like the crowd
II an auction. One dollar. one and one
half" and al last had reached three"
the small boy broke in with:
Say. mamma. would you give me
So"
The mother hes.tated moment and
then said: Yes Anything TO have it
over"
I'm do it. then" said the small boy.
So away they went in a hurry before
he could repent of his bargain. Arriv-
ed at the dentists. the operation was
so painless and 50 soon over that the
small boy didn't realize that the tooth
was out until they told him.
On the way home his mother said,
Now. Harold. don't you think that
was a very little thing for mamma 10
give you - for
YES. mamma. | DO" said the young
linancicr. ''Eut I'll tell you what.
Wen call it $40. and you give me the
81. and I'll give you back the - cents
some time when have another tooth
pulled. Philadelphia Press.
The Bellefontaine Republican. [volume] (Bellefontaine, Logan County, Ohio) 1855-1905, 1904-01-22

A book on William ". recalls the
fact that the love letters produced by
MIR. Serjc.:nt Buzfuz at the rivkwicis-
Bardell trial were patterned after let
tiers actually used as evidence In the
suit brought by the worthless Geo-ge
Norton against Lord Melbourne when
he was prime minister of the sailor
King
Three letters from melbourne 10 Mrs
Norton were discovered. They were as
follows:
] win call about half past :. Yours.
MELBOURNE.
How are you: | shall not be able 10
call today. but probably shall tomorrow.
MELBOURNE.
No house today. / will call after the
levee. about or half past. II you wish
Il later let me know. shall then ex-
plain about going to NauNhall.
MELBOURNE.
The actual comment on these alarm
ing documents by George Norton's
counsel is not less amusing than the in
depreciation of chops and tomato
saucc' 10y SERGEANT Huzfuz. Sir vii
liam Follctt told the jury:
These notes seem In admit much
more than the words convey They are
written cautiously. | admit. There is
not passion in them. They are not love
letters But they are not written in
the ordinary style of correspondence
usually adopted between intimate
friends
one wonders If even an English jury
could treat this gravcly.
The Bellefontaine Republican. [volume] (Bellefontaine, Logan County, Ohio) 1855-1905, 1904-01-22

The mystery of life has rarely fur
nislled the thinker with SO strange
a problem us that which arises ont OF
n fact instanced by Mr.. W. II. Hudson,
the naturalist. Mr.. Hudson had piece
of snake skin. which for years he used
as book marker 1t changed color
periodically and shed its scales. 1t con
tinued TO shed its scales in this fash
ion for ten years. each succeeding set
of scales being smaller than the last.
Some fairly recent books wolld make
even hippcpotanius hide book marker
change color were il TO find itself be-
tween their leaves. The sensitive book
marker capable OF blushing rose rcd o.
palin- with emotion may 10 Doubt be
a feature in the literary life of the
amazing future and perhaps in the
literary world -Soine Emotions of q
Moral Book Marker" is a thinka5le
title when we consider the strides Of
modern thought London Outlook.
The Bellefontaine Republican. [volume] (Bellefontaine, Logan County, Ohio) 1855-1905, 1904-01-22

Ly proudly. And as n man | wage
fair light. when light | must | love
thy girl | shall strive To gain her.
But | will never stoop 10 take a mean
advantage of one thrown AT. my feet
10y "a force OF nature which not even a
giant could have Gefcated.'
lie paused. then added. little wist-
fully:
Hast thou nothing kindly to say to
me. vieux voisin:'
The old man. now safely Off the lie
Hardy Land. turned and grinned bit
ingly:
Il have this TO say TO thee" lie snap
ped-"that thou art vie scoundreI
for stealing my garden soil to feriilize
thy barren iields''
lie vanished in The distance. and lie
Hardy. red and dis-si>.ed. went back 70
his work
II was sunset when Le Hardy stop
ped for that dny and went into tie
house to get his simple supper from
his bachelor cupiuard lie was set
ting out the viands. not a little sadly.
when rap on his daar startled him.
'Tis l.emprirre." lie muttered rs he
hastencd 10 open H. But il WAS not
Lcn.p-icre. II was a slender. girlish
figure. with dropping head. that half
whispered:
Mon pcre would speak with thee"
The sweet tones were seconded by n
pcrcntpiory command from his late
prisoner. who once again stood on the
fresh trail and called 10 him. Come
lie Hardy came. doubling his senses.
"Tipns.- said tic old fellow brusque-
ly. 81 have arrived 10 give tlee notice
that there's but one escape for thee
from prison. Thou hast stolen my nice
garden Thy informal shovel hath up
rooted my best onions in thy digging.
Thou canst not deny the theft and
shalt suffer unless
Unless" repeated the bewildered lie
Hardy.
"Unless thou dost instantly wed my
girl snapped the eA-captive. And
Jeanne Marie hid her bushes in her
lovers joyous arms.
Jeanne Marie's toddling children Of
ten wonder why Grandpere Michau al
ways follows n certain path in coming
TO the second cottage on the lie Hardy
farm. The other cottage be never ap-
pears in. This certain path is care
| fully marked OFF by lilies growing
along it. and resciute Grandpere Mi
chau will die happy because he has
never yet set foot on the lie Hardy
property