davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1904-09-01
Cured of As hm q
After S5 Years of Suffering.

It will be gratifying to Asthmatic readers to learn that an absolute euro has at last been discovered by Dr. Schiffman That the remedy is an et
 fectual one cannot be doubted after perusal of such testimony as that of C. w. Van Antwerp. Fulton, \. Y, who says; Your remedy (Schiffmann $ Asthma Cure) is the best I ever used l bought package of our druggist and tried it and one box entirely cured me or Asthma. and have not had 1t since. can now go to bed and sleep all night with perfect comfort, which I have not done before for S5 years, and thank you for the health that I now enjoy. I hope that you will publish this letter. that others may learn of its wonderful virtues"
 Sold by all druggists at soc and s1 .Oo. Send 2c stamp to Dr. R. Schiffman, Box SSl' St. Paul. Minn.. for a free sample package NY. tu-thu.
The Montgomery advertiser., 1904-09-01

only a question of time. that the
 wound which he had received would
 kill him, such statements show such
 sense of impending death, that the
 statement made by the deceased imme-
 diaetly thereafter as to the circum-
 stances of the difficulty in which he
 was shot. are admissible in evidence as
 dying declarations.
 5. Admissibility of evidence tending
 to contradict evidence given by State
 On trial under an indictment for mur-
 der, where witnesses for the State have
 testified to statements made by the
 deceased as dying declarations. the
 testimony of physician who attended
 deceased after he was shot. which tend to contradict statements made by the deceased as testified to by the States witness as dying declarations. Is ad- missible.
 6. Homicide; admissibility of evi- dence.-On a trial under an indictment for murder, it is immaterial as to whether or not the deceased was a con- stable at the time he was killed. and testimony of such fact is not admissi- ble in evidence.
 :. Same; same-On a trial under an indictment for murder. 1t Is not com petent for the defendant to state | whether he had pistol on the occasion
 of the dificulty with the deceased, in which the latter was shot. 8. Impeachment of showing of ab- sent witness; can be by proof of gen. eral character.-While 1t Is true that when a showing has been introduced for an absent witness, the opposite party will not be allowed to impeach | such witness. by proof of contradictory statements, yet 1t Is competent to i'm. peach such witness by showing his general character.
 9. Homicide; admissibility of evil dence.-On trial under an indictment for murder, where the daughter of the defendant testified that just as the de. ceased fell after being shot by tho defendant deceased threw his pistol | over into field. it is competent for the State in rebuttal of such testimony, tc | introduce the testimony of witness
 that the next morning after the shoot ing they went in such field hunting for the pistol, and could not find 1t. To- Homicide; charge as to defen- dant's guilt.-On trial under an in- dictment for murder, charge which instructs the jury that they must find defendant not guilty, if the conduct oi | the defendant upon a reasonable hypo. | thesis is consistent with his innocence | asserts correct proposition, and should be given at the request of the | defendant.
 Reversed and remanded.
 Opinion by Tyson, J.
The Montgomery advertiser., 1904-09-01
TUsKEGEE INDUSTRIAL ORCHARD.
Thousands of Gallons of Peaches Cam
 ned by Students.

Tuskegee, Aug. 31.-(special)-The orchard at the Tuskegee negro insti- tute contains pear trees. plum trees and peach trees, the number of peach trees being over 5000.
 Of the peach trees, some $500 bore fruit this season. Three varieties were represented in these $500 trees-Early crawford, Elberta and Emma; the Elbertas led with 2,OoO trees The seasons for ripening were: Early Crawfords. June 11-22; Elbertas, July 5-2l; and Emmas. July 22-26. This arrangement of varieties Is obviously advantageous because the seasons do not overlap, and a minimum of labor Is always sufficient. there being no rush periods.
 The yield per tree was-Early Craw- lords, .35 bushels; Elbertas, .35 bushels and Emmas, .31 bushels, The Emmas proved least satisfactory because the fruit, though firm and luscious, was small. The fruit of the other varie-
The Montgomery advertiser., 1904-09-01
MAXWELL V. THE STATE.


 Indictment for Selling Spirituous, Vim
 ous or Malt Liquors Contrary to Law.-Appeal from the City Court
 of Anniston.
 1. Selling whiskey contrary to law; constituents of offense.--To constitute the oftense of selling, giving away or otherwise disposing of spirituous liquors. as prohibited by statute, 1t Is necessary that the evidence should es- tablish that the person charged, parted with, to another, the possession or own ership of whiskey; and if the defend ant neither had possession of, nor owned the whiskey, his delivering it to another. though wrongful as against the owner of the whiskey, does not make him guilty of the offense charged ?. Indictment for selling liquor; what in violation of law.-Under an in- dictment for selling, giving away or
The Montgomery advertiser., 1904-09-01

Many . man is similarly starved out of busincsa.
 His digestion is impaired. Ills food does not uourish him, and for lack of
The Montgomery advertiser., 1904-09-01
rooITA - GAMBILL.

Action for False Imprisonment and Malicious Prosecution. - Appeal from the City Court of Birming : hou,
The Montgomery advertiser., 1904-09-01
MCCLELLAN vs. THE STATE.

MCCLELLAN vs. THE STATE. Indictment for murder-Appeal from
 the City Court of Anniston.
 l. Organization of jury in capital case; when question of variance can nos be determined.--Whe the defen- dant in a capital case moves to quash the venire upon the ground that there is variance between the original list of jurors constituting the special venire and the copy served upon the defendant. in that the occupation of the jurors was stated on the original venfre and omitted from such copy. but neither of the lists Is shown on appeal It can not be affirmed that the court erred in denying the motion to quash.
 2. Same: failure to state occupa- ton of juror not material.--The fact that on the list of jurors served upon the defendant in a capital case the oc- equations of the persons constituting the venfre drawn for such case are not given, furnishes, no ground for quash- ing the venire; and this is true although such occupations may have been stated on the original venire.
 5. Homicide; charge as to self-de. fense.-On a trial under an indictment for murder, charge as to self-defense which does not postulate that the cir. SAAhcs sohSSp tHe hllllHS dfs such as to reasonably impress the de fendant that he was in great and i'm minent peril, are erroneous and proper ly refused.
 {. Same; same.-On a trial under al indictment for murder, charges as t self-defense which do not hypothesis, the defendants freedom from fault fl bringing on the difficulty. are errone ous and properly refused.
 4. Same; charge as to good charac ter.---On trial under an indictment fo murder. where there was evidenc tending to show that the defendan had good character, a charge Is erro neous and properly refused which in | structs the jury that If the defendan Jerry Mcclellan has proved goo character as man of peace. the lay says that such good character may b sufficient to create or generate reasonable doubt of his guilt, a1thougl | no such doubt would have existed, bu for such good character"
 D. Charges which are abstract an | confusing are properly refused Affirmed.
 Opinion by Mcclellan. c. J.
The Montgomery advertiser., 1904-09-01
LEADER ct al. vs. MATTINGLY Action to recover damages for breach

Action to recover damages for breach
 of indemnity bond-Appeal from
 the City Court of Bessemer
 l. Action upon indemnity bond; ex contractu-A complaint in which the plaintiff claims damages for the breach of an indemnity bond, and there Is set out the substance of the condition of said bond and the circumstances under which 1t was issued. and there is averred therein recovery of judgment against the plaintiff for levy of the execution against which the plaintiff was indemnified, and 1t was averred that he was compelled to pay said Judg- ment. the amount which he seeks to recover as damages for the breach of said bond constitutes an action ex contractu.
 ?. Bankruptcy law: what claims provable thereunder-Under the act of bankruptcy of Congress, there Is no provisions made for proving contingent liabilities against a bankrupt estate, and. therefore, debts to be provable against such estate must be in ex- istence when the petition in bank ruptcy Is filed; and claims against a bankrupt which are not provable as allowed by the act are not affected bv his discharge in bankruptcy.
 5. Indemnity bond; discharge of principal In bankruptcy does not affect sureties.-A discharge in bankruptcy Of the principal in the indemnity bond, from liability on such bond, does not have the effect to discharge and re- lease the sureties upon said bond from any damages arising from the breach thereof
 4. Pleading and practice: right to file plea during trial discretionary with court.-The right of defendant in a civil suit to file plea during the pro- gress of the trial and after evidence has been introduced. is addressed to the discretion of the trial court and Is not reviewable on appeal.
 Affirmed.
 Opinion by Sharpe T.
The Montgomery advertiser., 1904-09-01
Death of L.. D. Scott

Girard Aug. 31.-(Special.) )-L. D. Scott, aged 4 years. died last night at his home in this city. He was an em- ploye of the Columbus Iron Works and gentleman who was held in high ss- teem
The Montgomery advertiser., 1904-09-01
DIR. BUCHANAN. The Specialist. Treats Without the Knife, Without Pain or Loss of Time from
 Business.

Diseases of women-nervous. kidney, bIad. der skin rectal and chronic diseases. Re. member, in diseases ok the womb and ovaries- stricture. piles. fistulae and vari- eoeeie. ! don't cut give pain stop you from work My treatment of gonorrhosa cures acute and chronic cases and does not stricture. My treatment of the diseases O: men is secoSd to none in America l have treated these troubles for 1S ysArA I have m my office all or the modern anu iEnproyaa mechanical and electrical applIAncen. every thlng rom the 4-Tays violet ray and vADor outfirs down to the smallest batteries. Ay rreatments are soothing and beneficial dhers is no exposure. have tn constant at tendance at my office an assistant physi. cian and nurse; Our massage trsatmenI Ia 0ffice second and third floors. 1sh Dexter Ave, Montgomery, Ala
 Hours. to 5. Sunday AourA to IL and cure cancer with the x-ray. rub and give the baths in syDhili& .
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-02-25
LEWISTON UNIVERSITY PLANS
AS TOLD BY FATHER POST
Catholics Will Erect an Institution Similar to
the Gonzaga College at
Spokane

intend to build the university and build
it very soon, that is all ! wish to say
on the matter at this time"
II was learned today that the Sisters
of Visitation will soon build larger
quarters for their girls school. The
present quarters on Normal Hill are
entirely too small for the large at
tendance and just recently the library
room was turned over TO the dormitory
for sleeping quarters. II has not been
decided as yet where the new build
ings will be located but the sisters
have been planning for some time to
find convenient ground on which to
build. They have looked al several
large tracts of ground in the southern
part of the city and at one time had
considered the purchasing of "A quarter
section of ground just outside of the
city and near the Snake river,
1t is very evident from the rapid
growth of the numerous schools and
like institutions in the city that Lew
iston is gradually forging to the front
without any evidence WhateRer OF
boom times or fictitious movement. The
Inauguration of university Iva Lewis
ton and the enlarging OF the Sisters
Academy is only another evidence of
the increasing population, the pulse of
which growth is felt prime pally
through the schools.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-02-25
RUSSIAN MINISTER OF WAR
KOUROPATK|N, THE FORMIDABLE
Will Lead the Fighting of the Cars Forces
Against the Japanese...f1e is Easily
Russia's Foremost Fighter

to the Balkans. 1t was a brilliant
strategic move, for until Osman was
dislodged no forward move could be
made by the main army of the Rus
slams. Twice they hurled themselves
against Plevna, and were twice re-
pulsed with great slaughter.
Between Plevna and Shipka Pass lay
Lochva, held by $4,000 Turks. This
stronghold must fall before both wings
of the Russian army could close in
upon Plevna. Skobeleff and Kouropat-
kin were dispatched against it, After
three days of hard fighting, Lochva
was captured, and the third attack on
Plevna was begun. 1t ragged furiously
for five days, but ended in another re-
pulse of the Russians.
Skobeleff and Kouropatkin fought
side by side during those bloody days
and We're frequently precipitated into
hand to hand conflicts with the en-
envy Their most terrible experiences
We're on September IL and II. Skobe-
left assaulted one of three Turkish re-
doubts on Green Hill and carried il
Wltnln an nOuT, Dul Win Il lOSS VI tIlCC
thousand men. The redoubt was i'm
perfectly constructed and left Skobe-
left exposed to fire on three sides. The
Turks saw the opportunity and made a
sortie. Thereupon Colonel Kouropat-
kin, the only officer on Skobeleff's staff
who had not fallen. rushed to meet
them in the open with some 300 men.
A desperate fight at short range en-
sued Kouropatkin's little band was
almost entirely cut to pieces, but not
until it had driven the Turks back into
their redoubt. During the day Kou-
ropatkin received three wounds, but
he never ceased fighting until the vic
tory was assured
Such is the man against whom the
Japs will have to contend when the
real land fighting between the bellig-
erents begins in earnest. A consum
mate strategist and with a determin
alton to meet and overcome every OBJ
stacle, the Russian minister of war, in
the opinion of British military authori-
ties, can be counted upon to contest
every 'nch of Manchuria against tht
japanese forces.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-02-25

Especial Telegram to Evening Teller.)
LONDON, Feb. 25.-General Alexei
Nicholairtch Kouropatk tkin, the Russian
minister of war, who is directing the
operations against the Japanese, is
easily Russia's foremost fighter. The
oest authorities of Europe concede
mat no one in the entire world is bet
Ter equipped in every branch of mill
tary knowledge.
EDUCATED in the theory of arms at
ue best of the Russian military
sehools, trained to practice under the
Greatest nf modern Russian warriors,
"eh' Mlkhael Skobelef he made a glor-
'ous record in every important Russian
war Since 1866, and workd his way
up from sub-lieutenant in that year to
'e command of the army in 1897.
ne mas received more decorations
uan any one breast could wear at any
one une. He was born on March Il.
io4S' and obtained a commission as
suo-Heutenant in the Turkestant rifles
""eh ne was only IS. After the brill
,''il' lurkestan campaign which added
" nusslas Asiatic possessions, Kouro-
pa'hlh returned TO ST Petersburg a
uleiiaht, to continue his military
S'uules. In 1871. as the most brilliant
eiauuate Of the academy of the gen.
eiai stan he was sent abroad TO study
-'iii'dry conditions in various Euro
pe"h countries. In France, President
.acMahon invited him to take part in
ei'e haneuvers at Metz. Here he dis
piaEed such strategic ability that he
Tas decorated with the cross of the
legion Of Honor being the first Rus
70 wan that distinction.
10. Mheh war with Turkey broke out in
.o'., houropatkin was summoned back
81. russia Constantinople was to be
Between Russia and Constanti-
'ay three great barriers-the riv-
D., ailuoe the Turkish strongholds in
ruigaria -, and the Balkan mountains
oa,st hrst barrier was passed with ease
w,aa wan Pasha had been hurrying from
pa nualn with 10000 trained soldiers
r. that he was too late to defend
p,e e river he threw his entire force into
Rn..a thus menacing the line the
must follow from the Danube
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-02-25
NO WARSHIPS WERE LOST
SHIPS SUNK ONLY HULKS
Japanese Attempted by Ruse to Blockade the
Entrance at Port Arthur and Sent
In Old Steamers


Especial Telegram to Evening Teller.)
LONDON, Feb. 25.-Dispatches from
the far east, today, indicate that the
Japanese vessels sunk in the harbor
at Port Arthur were mere hulks
brought there for that purpose. They
were old steamers forced into the har-
Dor for the purpose of blockading the
entrance to bottle up the fleet.
A dispatch from Port Arthur states
that one of these japanese steamers
sunk in the attempt to enter the har-
Dor, now lies behind the Golden hill
fortress. Another lies near the Retzi-
van while the third and fourth are be-
tween the channel entrance and Lao
tishan. Two are still afire.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-02-25
TURKS PREPARE
FOR TROUBLE
War With Bulgaria Seems lneyit.
able and Turkey Will
be Ready
Especial Telegram to Evening Teller,

Especial Telegram to Evening Teller.}
LONDON, February 25.--The cor
respondent of the Mail at Salonika
says: Extraordinary activity con-
tinues to be displayed by the Turkish
military authorities in view of the ~
preaching conflict with Bulgaria
Horses and artillery are constantly ar
riving from Constantinople. In prepa-
ration for an advance the heavy artil-
lery troops are reconstructing bridges
and the work of completing the road
to the Bulgarian frontier at Rilo Is be-
ing pushed on hastily. In Turkish
government circles the moment OF
Russia's embarrassment Is thought 70
be propitious in bringing matters to a
head, although fears are expressed lest
Austria profit by the Bulgarian insur-
rection TO throw troops in the direction
of Navi Bazaar. Austrian and Russian
civil agents here have been informed
that revolution will break out next
month but viii not be serious. Mean
while the situation is intoierable. Con-
flicts on me frontier are of daily oc-
currence.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-02-25

Lewiston will have a university in
the very near future. at least the plans
for the early construction of the Uni
versity of Lewiston are maturing and
the building is an assured fact. Father
Post of this city informed a Teller re-
porter this morning that 1t was his i'm
tention TO open ali institution OF this
kind just as soon as some minor de-
tails had been arr tnged.
Father Post was asked If an institute
tion of this character would pay In this
city he said. "Why yes indeed, there
is an excellent field here and then
again we have a vast territory tribu-
tary 10 Lewiston u draw from. We
have the advantage of climate here
which in itself is a big drawing card,
then again. we have a beautiful city
which is another feature to be reck-
oned with.
1T is our purpo sc to build an insti-
tuition here such as Gonzaga college in
Spokane. Our col ege in that city has
cost upwards of several hundred thou
sand dollars and W hen all the additions
are completed wi have cost about
$500, 600. The uni, ersity here will be
built on the same lines and after a
few years will be g large an institu-
tion as any in the ountry. AS a pre-
liminary for the work to be inaugu-
rated in this great educational enter
prise we will build a college building
in the latest mode n style and the
! institution will be med "Koska Col
lege." The school i'll be entirely foI
boys and young me n After short
time we will introdu e a law and med
| ical department in the college aftei
which the Institute 4 will assume tbs
name of Lewiston University. / have
set aside ten acres University addi'
ton which will be reserved for th'
| building of the sch ol. Around thes'
buildings we will >ark the grounds
with shrubbery and trees.
We have not as y t had plans anC
specifications drawn ior the new en-
terprise but as soon as the earlier de
tails are completed we intend to g
over this matter very carefully. Their,
is one thing you may depend on w
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-02-25
PANAMA CANAL
COMMISSION
p,.sident Completes His Selec
tiOns by Naming aCaIifornia
Expert Engineer

..o,o1 Telegram to Evening Tellero
WASHINGTON, Feb. 25.-The pres
- This morning completed his Sc
80 members of the Panama canal
.,,ission by determining upon Z.
ia crunsky of San Francisco as
.so seventh member. Grunsky is
..on known hydraulic engineer and
,as been identified with many large
s..ornrises on the Pacific coast. SEN
otor perkins assured the president that
c.rrsky would accept. Grunsky has
,oor native of California since 1873
IA has held of trust in state and mu-
-io,nal engineering departments. At
crescent he is city engineer of San
rronc;sco and is considered one of the
,roatest water experts in the country.
The other members as slated now
stand Admiral Walker, General Davis.
frank Hecker of Detroit, Professor
Burr of Columbia University, William
Parsons. engineer of the New York
snhvay B. Harrod of New Orleans.
At 11:40 the president signed the
Panama treaty. Senator Kittridge of
South Dakota was present and was
given the pen used by the president.
All that remains now to be done to
place the construction of the canal ac-
tually i'm the hands of the president
is the formal exchange of ratifications
between Secretary Hay and Bunau-
Varilla of Panama, which will take
place tomorrow at the state depart
ments
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-02-25
JAPS HAVE
A HOLIDAY
News of the First Victory at Port
Arthur Reached
Japan

SAN FRANCISCO, Feb. 25.-The
steamer Doric arrived this morning
from Japan. When the Doric sailed
from Yokohama sixteen days ago the
news had just been received of the
victory by the Japanese in the first
engagement at Port Arthur.
The town was wildly excited and
the people gave themselves up to a
general holiday. The Japanese papers
contained long apologies for the action
of their government in precipitating
hostilities.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-02-25
No Warships Injured

Especial Telegram to Evening Teller. }
LONDON. Feb. 25,--An official dis
patch to the war office says that none
of the Japanese torpedo boats were in
juredS in the attack on Port Arthur,
yesterday
1t is believed that instead of Rus
sian victory at Port Arthur another
successful feat has been accomplished
by the japanese in partly bottling up
what was left of the Russian fleet and
that the Russians did for the japanese
what the Japanese intended doing
themselves by sinking four merchant
ships in the mouth of the harbor.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-02-25
SAYS MACHEN IS
A CONSP|RATOR
COnard in His Argument Thinks
it is Proven Beyond
a Doubt

Especial Telegram to Evening Teller.)
WASHINGTON, Feb. 25-Holmes
Conrad, the special agent of the gov
ernment in the Machen Croft -oLrenz
case continued his argument this
morning. He said he had come to the
conclusion that he had not sufficient
evidence to convict Samuel Croft, the
inventor of the fastener. but that Diller
Croft. Machen and LorenZ had been
proved conspirators beyond a doubt.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-02-25
DAMAGE DONE BY FLOODS
California Towns Report Many Losses
From the Rising Floods

Especial Telegram to Evening Teller.)
SACRAMENTO, Feb 25.-The rail-
roat near Biggs has been torn up to
divert the backwater from the town.
The Ievee near Gridley has broken and
the town is flooded.
The track from Marysville to Oro-
willie is under water and no trains are
running The railroad embanknlents
in many places are threatened. At
Silverton the ferry broke loose last
night and was carried down the river
past Redding.