davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1904-10-15
CAR BARN
STREET RAILWAY IS NEGOTIATING
 FOR A LOCATION.
Viee-PresiAent Ragiana Uenfes thnt Vacant Let ca Madison Avenue as to be Purchased by His
 Company.

Within six months the Montgomery Street Railway will vacate it's car barn on Madison Avenue and BaAn- bridge Street and it's cars will be housed in q larger and more modern barn to be erected in an entirely dif- ferent portion of the city. Just where the new barn is to be iocated has not been made public.
 terday by w. H. Ragland, Vice-Pres- ident of the street railway company in response to questions put to him by representative of The Advertiser at the request of number of residents and property owners along Madison Avenue who have complained that the old car barn is a nuisance.
 It will be remembered that citizens some time ago filed a petition with the City Council that the car barn De re- moved because it was a nuisance 10 Q popular resideptial section. They fur ther pointed out that with the exten- sion of it's lines and the purchase of many more cars, the barn was inade- uuate and as a result the cars at night congested Bainbridge Street so that the thoroughfare was impossible.
 The matter was referred to q com mittee of Aldermen and the street TAil-
  to relieve the congested street by No- vember 1 and to improve the condition Of the barn before six months had passed.
 A report that the street railway was negotiating for the purchase of q lot immediately in the rear of the old car barn and facing on Madison Avenue. has given the interested citizens much concern and 1t is probable that q sec ond petition will be presented to the Council at it's meeting Monday evening to prevent if possible the use of this vacant lot by the car company.
 Vtce-President Ragland denied yes- terday that his company contemplated acquiring the vacant lot or building on it.
 T will say frankly" said Mir. Rag land, 'that we had considered pur- chasing that Tor but the idea has been abandoned entirely. The lot fronts seventy.flve feet on Madison Avenue and has a depth of 165 feet. We found that Kflis space was too small for our use and wo will purchase elsewhere. Other matters delayed closing con- tract for the purchase of the lot ana while the trade was in negotiation we found that It's use was out of the Ques- | ton. Under no consideration would we purchase that lot now. We have practically selected site for the new | car barn and the old building will De abandoned within six months. We may tear 1t down by that time, but you may say that our cars and repair shops will be removed from there be- l fore six months have passed" MT. RagIand said that he would willingly make public the location of | the new car barn were 1t not that such publication might interfere with purchase of the property by his com l pany.
 Notwithstanding the street railway was given by the Council until No- veuber 1 to remove It's cars from Bainbridge Street, the cars have been already moved. Some of them are housed in the old Seelye barn at West End and others are in small barn owned by the company in CloverdaIe.
The Montgomery advertiser., 1904-10-15
MCCORMICK V. THE STATE.

Indictment for Burglary.-Appeal from
 the City Court of Montgomery.
 1. Burglary; when not necessary to prove value of articles taken from house 1burglarized.--Where a defendant is tried under an indictment which charges that, with the intent to steal. the defendant broke into and entered a store 'in which goods, mercnaudise. or watches. things of value. were kept for use, sale or deposit" and evidence is introduced OH the trial that goois were kept for sale in the store alleged to have been broken into. 1t is iinmaterial that there was no evidence as to the value of a watch found in defendants possession. and which had been taken from said store, or as to the value of anything kept in the store.
 sA Burglary; admissibility in evidence of defendants possession of property taken from store.-On a trial under an indictment charging the burglary cf 6 store, the fact that a watch, stolen fire m said store at the timee of alleged bur- glary, was found in the possession of the defendant about six weeks after the burglary, upon the defendants being arrested in a distant city in another State, is competent and admissible in evidence. especially in connection with other testimony. that the defendant when found with the watch, had the same concealed in his sleeves and made contradictory statements as to where he obtained the watch.
 8. Burglary; charges as to recent pos session of stolen property.-On a trial under indictment for burglary, where there was evidence introduced showing that a watch stolen from the store at the time of alleged burglary, was about six weeks thereafter found in possess sion of the defendant in a distant city, and that it was concealed in the de-
The Montgomery advertiser., 1904-10-15

fculty has been secured. Work on the vault and other necessary repairs will be commenced at once. The promoters of the new bank hope to open its doors on or before Jan. 1. This gives to Union Springs three banking houses.
 The three large cotton warehouses are full and overhowing with cotton and very little fs being shipped out. Farmers are in good circumstances and are holding their. cotton.
 The United Daughters of the Confed- eracy conferred crosses of honor upon a number of veterans in the pariors of the Josephine Hotel the anniversary of Lees death. A delightful musical pro- gram was rendered and Miss Johnnie McGowen read an interesting article upon the personal character of the be- loved chieftain. This was probably the last local public presentation of crosses to veterans and hereafter the lineal de- scendents of deceased veterans may ap- ply for these crosses.
The Montgomery advertiser., 1904-10-15
Opinion, by Dowdell, J.
TENNESSEE COAL, IRON AND RAIL-
 ROAD CO V. GARRETT

ROAD co. V. GARRETT. Action to Recover Damages for Per s, sonal Injury.--7Appeal from the City
 Court of Birmingham.
 Action for personal injuries: when general affirmative charge properly re- fused.-In an action to recover damages for personal injuries alleged to have been caused by the negligence of the defendant. or its employees, if. from the evidence 1t is open to the jury to find that there was a lack of that care on the part of the defendant or its agents in. its conduct towards the plaintiff, which amounted to negligence. the gem eral affirmative charge requested by the defendant is properly refused.
 2. Same; charge as to exercise of reasonable care.-In an action against a mining company to recover damages for personal injuries alleged to have been sustained by the plaintiff by req son of the negligence of the defendant or It's employees, where the evidence shows that while the plaintiff was at work in the defendants mine. the fore man of the defendant made a blast with dynamite and powder in the rock in the roof of the mine. for the purpose of tearing the same down, and that af- ter such blast. the foreman directed the plaintiff to pitch the rock blown down out of the way, while the fore man was pulling the rock down from the roof, which was loosened by the blast, and there was no testimony of
The Montgomery advertiser., 1904-10-15

any effort having been made by the defendant. or it's servants, to ascertain the condition of the roof after the blast was made. and before the plaintiff was put to work under it. and that while so at work, he was injured by a rock falling from the roof upon him; a charge Is properly refused which in- structs the jury that If they believe the danger of the rock falling from the roof of the mine could not have been ascertained or prevented by the exer- else of reasonable care, they should find a verdict for tine defendant.
 8. Charge of court to jury; In an- swer to repeated charges already glv- en.--It Is not error for the court to refuse to give charge which Is a substantial duplicate or repetition of a charge already given by the court to the jury.
 Affirmed.
 Opinion by Dowdell, J.
The Montgomery advertiser., 1904-10-15
NIOonshlners Appreciate Lenlcncy.

Huntsville. Oct 14--(SpeciaL Judge Jones is dealing leniently with the moonshiners who are convicted in the United States Court and the fines and sentences imposed by him after convic- ton are almost invariably suspended indefinitely and will probably never be imposed unless the defendant is brought into court on another charge of illicit distilling. Dozens of dtstill- CTS have been treated in this manner and the result Is already apparent. many of them having quit the business since Judge Jones passed suspended sentences on them.
The Montgomery advertiser., 1904-10-15
JONES vs. THE STATE.

Indictment for murder--Appeal from
 the City Court of Montgomery.
 1. Homicide; impeachment of wit ness by proving statements conflicting with testimony.-On a trial under an indictment for murder, where there was testimony on the part of the State tend ing to show that there were illicit rela- tions existing between the wife of the deceased and the defendant, 1t is com petent for the State. after having made proper predicate therefor on the cross- examination of the wife of the deceas- ed, who denied making such state ments. to prove, for the purpose of discrediting her credibility that short ly before the killing she stated to others that she was going to bave the defendant kill her husband, and that after the killing she stated to others that defendant killed her husband, and that she had him to do 1t.
 2. Reasonable doubt; charge in reference thereto.-On the trial of a criminal case, a charge in reference to a reasonable doubt which affirms that "the law requires that the guilt of the accused should be fully proved" is erroneous and properly refused as hav- ing a tendency to mislead the jury
 3. Same; same.-On the trial of a criminal case, where the evidence tending to connect the defendant with Z the offense charged. is circumstantial, charge is erroneous and properly re- fused which instruets the jury that when the evidence is purely circum- stantial. they should not find the de- fendant guilty, unless the evidence against him is such as to exclude to a moral certainty every supposition or hypothesis but that of his guilt
 Judgment affirmed.
 Opinion by Sharpe, J.
The Montgomery advertiser., 1904-10-15
F,ve ssuaarous Com,nr.

A dispatch was received from wosh- ington today announcing that i've souadrons of naval vessels will make up the show that will be here during the winter. The dispatch statei that Admiral Dewey, on the Mayfower, will ofiicially inspect the fleet off Newport News and then proceed south with the big ships. The vessels, according to the information received here. will be in Pensacola Bay early In February for an indefinite stay, and 1t Is Stated also that target practicing will be in this vicinity.
 Alabamians will be pleased to know that Capt. c. H. Davis, tho genial comander of the battleship Alabama" while that ship was hero last year. Is now second in command of the sauad- ron. ranking next to Rear Admiral Bar ker. The plans are for the vessels to proceed south to the Caribbean Sea, there remain for a month In maneuvers and afterward sail for Pensacola. The battleship Kentucky, lately with the Asiatic squadron, is attached to the fleet.
The Montgomery advertiser., 1904-10-15
SCOTT V. THE STATE. Indictment for Murder.--Appeal Before

Indictment for Murder.--Appeal Before the City Court of Selma. l. Murder; sufiiciency of indictment. An indictment which ayers that the defendant did unlawfully and with malice aforethought, Kill John Sculiy by administering to him q quantity of morphine" IS sufficient as charging
 murder and is not subject to demurrer. 2. Pleading and practice in crimi-
 nal case; evidence of deceaseds death
 admissible before proof of corpus de-
 lictL--on a trial under an indictment
 for murder, 1t Is not objectionable prac-
 tice for the court to allow evidence
 of the death of the deceased, and the
 means by which 1t was accomplished,
 to be introduced before any evidence is offered tending to identify the de- fendant as the guilty agent; and 1t is no valid objection to the introduction of such testimony that the corpus de- licti had not been proved. B.. Homicide: poison: admissibility of expert testimony.-On trial under an indictment for murder which charg- the deceased, where 1t is shown that there was a chemical analysis made of the deceased's stomach and other or-' gans of his body, and 1t Is. further shown that the analysis was made by. a chemist who had had long experience both by practice and by reason of teach ing, that he was a toxicologist and. therefore. acquainted with poisons and their effects. the testimony Of such chemist as to the effect of poisons on the human system. and as tending to show that the deceaseds death was by being poisoned. is admissi- ble.
 Affirmed.
 Opinion by Mcclellan. c. J.
The Montgomery advertiser., 1904-10-15
Head-Notes Qf the Decisions
 Of Alabama Supreme Court

fendant's sleeves, and that he made contradictory statements as to how he obtained the watch. charges requested by defendant which instruct the jury that "the unexplained possession re- gently stolen does not raise a presump- ton of guilt but it Is for you to say whether the unexplained possession of goods. recently stolen satisfies you be- yond reasonable doubt of the defepd- ants guilt" are properly refused
 Affirmed,
 Opinion by Sharpe, J.
The Montgomery advertiser., 1904-10-15
FLEET AT PENSCOLA
WILL SPEND PART OF
 WINTER THERE.
Admiral Dewey, on the MayAower, Will Rsvsew the vessels on Newport
 News, and Como South , With Them.

Pensacola, Fla. Oct. 14.-(Special)- Eli sheppard, q negro who had devel- oped signs of insanity. created some excitement In the northeastern part of the city this morning by his queer &C., tions, and 1t was feared for a time that he would do some of the residents in the immediate vicinity bodily harm. while the man raved, the neighborhood was in a ferment of excitement, but he was ouieted before any harm was done. The county officers will take charge Of Sheppard.
The Montgomery advertiser., 1904-10-15
storm fs Expected.

On account of the tropical disturb ance in Southern waters around San Domingo, shipping is held n Pensacola harbor util the full results of the storm can be ascertained. At 12 o'clock last night wind attained a velocity of forly- i've miles an hour here, and q report comes that wires throughout the cen- tral part of Florida are badly disar- ranged. The local ofices of the tele- graph companies were not hampered greatly. The only source of trouble was communicating with points be- tween here and Jacksonville.
The Montgomery advertiser., 1904-10-15
RemuhIlcnn NFeetlnr.

The Republicans held a rally tonight The speakers from out of town were Hon. M. B Macfarlane of Tampa, D. H. O'Neal from Orlando, who. is run ming for Superintendent of Public In- struction, and !. M. Cheney of Or lando, candidate for Congress from the Second District. Mir Macfarlane is the Republican candidate for Governor.
 The public square in which the speak ing was held was filled.
The Montgomery advertiser., 1904-10-15
ROBERTSON ct als V. MONTGOMERY
 BASEBALL ASSOCIATION.

ROBERTSON ct als V. MONTGOMERY
 BASEBALL ASSOCIATION. Bill in Equity to Enjoin the Issuance
 of writs of Injunction.--Appeal
 from the Chancery Court of Mont
 gomery.
 1. Injunction; will not be issued to restrain the issuance of writ of in junction.-A court of equity will not, for the purpose of preventing an ap- prehended interference with rights, grant an injunction to restrain the de- fendant in the pending suit from ob- taining an injunction against the conn plainant in said suit; and bill filed for such purpose is without equity.
 Reversed and rendered.
 Opinion by Mcclellan, c! J.
The Montgomery advertiser., 1904-10-15
Lnalxinr for Pilferern.

The police have an eye opsn for slick fingered thieves who are known to drop into town where a circus ex- hibits. A number of smooth-l"oking strangers have arrived day earlier than the show and advance informa- ton regarding their operations has all ready reached the office of the city marshal. The plan is to mingle with the crowds and when the unsuspecting visitor or citizen Is intently watching the parade, watches, purses. etc, are lifted with the deftness that escapes the observation of the victim. Special officers in plain clothes will be scat tered in various parts of the city.
The Montgomery advertiser., 1904-10-15
ALLEN V. THE STATE.

Indictment for Murder.--Appeal from
 the Circuit Court of Perry. ..t
 1. Appeal in criminal case; does not lie from sentence of death.-The stat ute relating to appeals by defendants in criminal cases tCode, Sec. 4313), au- thorize an appeal only from Judg- ment of conviction; and an appeal is not authorized to be taken from q sentence of death pronounced by the court under the statute authorizing the re-sentence of one, who by reason of his flight, had not been executed, pur- suant to a previous sentence of death. (Code. Sec. 543s); and an appeal from such sentence will be dismissed. Appeal dismissed.
 Opinion by Dowdell, J.
The Montgomery advertiser., 1904-10-15
,inion by Mcclellan. c. J.
GILMORE V. THE STATE.

Indictment for Murder.--Appeal from
 the Circuit Court of Bibb.
 1. Homicide; when threats by de- ceased admissible.--On a trial under an indictment for murder. the evidence of prior threats made by the deceased against the defendant is not admissible for the defendant, unless some phase of the other evidence in the case would present a case of self-defense.
 g. Homicide; charge as to acquittal of defendant.--on trial under an in- dictment for murder. where the evil dence without dispute shows that the defendant killed the deceased. and there was no phase of the testimony upon which to predicate self-defense, a charge given at the request of the State which, instructs the jury that If they believe the evidence beyond all reasonable doubt, they cannot acquit the defendant" Is free from error. . Affirmed.
 Opinion by Dowdell. J.
The Montgomery advertiser., 1904-10-15
Cargo of Mahogany Logs.

The steamship Talk pulled up tp the docks this morning ssd threw open her matches. The large lot of mahoga logs, intended for shipment to Louis vile, Ky. were attacked" by a force of workmen, placed on the cars, making up more than two train loads, and some of them pulled out for the north to- night. This steamer carries m unus- ua1ly large cargo, which will oe taken out in record breaking time.
The Montgomery advertiser., 1904-10-15
LOUISVILLE AND NASHVILLE R. R.
 70 V BRYANT


 co. V. BRYANT
 Action Against a Railroad Company to
 Recover Damages for Injury to
 Horse and Buggy Appeal from
 the City Court of Montgomery.
 1. Negligence; contributory negli- sence by person attempting to cross railroad track.-Where a person, who is driving in vehicle, stops and listens on approaching the main track of q railroad company. and his view is ob- structed by cars standing on a side track, such person cannot be said to be guilty of contributory negligence. as a matter of law, because he did rot leave the vehicle and go to point where he could see that the main track he was about to cross was clear; and in such case the question of contributory negligence Is one that should be sub mitted to the jury.
 Affirmed. l
 Opinion by Tyson, J.
The Montgomery advertiser., 1904-10-15
un,a,l rire nt oil A1llI.

Sylacauga. Oct. Especial @--An alarm of fire was sounded last night about o'clock at the gin and oil mill pany here. From some unknown cause fire broke out In the seed room of the plant. but with prompt work the Ire was soon sxtinguished with but httls damage.
The Montgomery advertiser., 1904-10-15

there is evidence. besides the testimony of the defendants accomplice, tending to connect the defendant with the com mission of the offense, 1t is' competent for such accomplice who assisted the defendant in the larceny, to testify to the fact that the larceny was committed by himself and defendant and another, and to give the circumstances attend- ing the commission of the offense.
 Affirmed.
 Opinion by Haraison, J..
The Montgomery advertiser., 1904-10-15
sPANN vs. LowNDEs COUNTY.

sPANN vs. LOwNDES COUNTY. Action against the county to recover
 excess of license fee-Appeal from
 the Circpit Court of Lowndes.
 1. Constitutional law; general reve- nue local act repealed.--The repeating clause of the general revenue act, ap- proved March 4th, 1908, that "all laws and parts of laws, both general and special, inconsistent with the provisions of this act, are hereby repealed" (Acts of 1903 pp. 1s4-232) repeals the act approved February 1st. 1899, ito regulate the sale of vinous, spurious and malt liquors in the county of Lowndes' (Acts 1898 to 1899, D. 11S2) in so far as the license required to be paid by liquor dealers in the county of Lowndes.
 Reversed and rendered.
 Opinion by Tyson,
The Montgomery advertiser., 1904-10-15
INDICTMENT CHARGES MURDER.
True Bill Found Against Ex-Marshai or
 PhOemfx City.

PhOeni1 City.
 Columbus, Ga, Oct. 14.--(SpeciaL)--- The grand jury of Lee County. which Is in session at Opelika, Ala.,' returned true bill yesterday afternoon against W. c. Campbell. formerly marshal Of Phenix City, Ala, charging him with murder in the first degree.
 This indictment Is the result of CampbeIrs killing R. A. Thetford, of Phenix City. a number of months ago. He was assessed bond of $7,OOO' which he made this morning. Intense interest is felt in the outcome or the case In PhenIx City.
 Four other true bills for murder in the first degree were returned by the Lee County jury yesterday afternoon.
The Montgomery advertiser., 1904-10-15
Death es OIa Resident.

Mrs. Frances Maxwell, aged 7s years, died after long illness at her home on Tenth Avenue yesterday. and the funeral took place at o'clock this af- ternoon. She is survived by five sons, all of whom are grown md who are residents of this city. Mrs. Maxwell had resided in Pensacola for forty years. She was born in South Caro- lima, where other relatives reside.
The Montgomery advertiser., 1904-10-15
Arrived for Lumher.

One of the largest 1talisn ships to come into Pensacola harbor in long time arrived in the harbor this morn ing, when the PaoIlnar of 1900 tors, put in appearance. This vessel will load out lumber for South American ports.
The Montgomery advertiser., 1904-10-15
Death of Nils. stearns.

Miss Alice Stearns, who suffered the amputation of leg few weeks ago and who has suffered much from the effects of the surgical operation. died yesterday and will be inferred tomor- row at St. Johns Cemetery.
The Montgomery advertiser., 1904-10-15

Missionary Societies of the Columbus (MethodisD district was full or lnteF- e. paul Methodist Church. A flne nroeram was carried out today.
The Montgomery advertiser., 1904-10-15
Baseball Sunday

The Orioles. a new team of this city. and the team from the 18th Company, Coast Artillery. will cross buts at Pal metto Beach Sunday afternoon, and from the interest manifested today the game will be we'll attended.
The Montgomery advertiser., 1904-10-15
pvth,Nu. CeIehrated.

Fidelity Lodge held a fine meeting this evening, and two candidates fer the mysteries or Pythianism were re- ceived and Initiated. The degree of Esquire was also conferred.
The Montgomery advertiser., 1904-10-15

RHODES vs. THE STATE. Indictment for grand larceny-Appeal from the City Court of Montgom- cry.
 l. Evidence. when testimony of an accomplice admissible.-On a trial un- der an indictment for larceny where
The Montgomery advertiser., 1904-10-15
NEW NATIONAL BANK.
Union Springs to Have Another Finan-
 ciaI InstitutIOn.

Union Springs. Oct. 14.-(Special.)--- Union Springs Is to have a national bank with the following officers: Thom-
 as Edwards. President; C. H. Haynes. Vice President. and Hugh Foster. Cashier. The directors are Thomas Ed
 wards. c. H. Haynes. Hugh Foster. ]. NJ. Ellis and E. H. Cope. A desirable location in the heart of town with dif-
The Montgomery advertiser., 1904-10-15
Missionary Conference Opens.

Columbus, Ga, Oct. 14.-(Special.)- )- The opening day of the Missionary Con ference of the Women's Home Foreign