davidaulloa/AmericanStories huggingface dataset:
Gilpin observer., 1904-08-04
TRAIN IS ROBBED
ON THE ILLINOIS CENTRAL R. R.
Four Highwaymen Rob Pullman Pas
sensers Between Chicago and
St. Louis,

Chicago. Aug. -Four highwaymen
all heavily armed and two OF them
wearing masks. held up the passep.
gers on the Illinois Centrals Chicago
st. Louis express train No. l, known
as the Diamond Special" as 1t
neared Matteson last night.
The robbers secured all the money
and valuables carried by the thirty
passengers in the two Pullman sleep
ing cars, stopped the train and escaped
in the darkness.
The forward sleeper was entered
first, the occupants were aroused and
with nothing on but their night clothes
were marched back to the Pullman
car behind.
Two of the passengers who were
slow in responding to the command of
the robbers were hit on their heads
with hatchet and one was seriously
injured. 1t was impossible last night
to obtain the names Of the injured pas
sengers.
When the passengers in the two
cars had been lined up in the rear
Pullman, two of the robbers stood
guard, one at each end of the car with
drawn revolvers.
The third, who is supposed to have
gers, who had been compelled to bring
aiong their clothes from the first car,
to throw the garments on the floor of
the car.
The passengers in the rear car were
then commanded to return to their
berths and deposit their clothes in the
same heap.
Then the leader with the utmost
coolness began to search the clothing
for valuables. When he had finished
this search he made close examina-
ton of the passengers for any money
that they might have secreted.
When the search had been complet-
ed all the booty was placed in -four
sack and the three robbers joined
their companion who had stood guard
in the vestibule of the train.
Pulling the bell rope, the signal to
the engineer to stop, was given, and
when the speed OF the train had slack
ened sufficiently the robbers, after
having locked the doors of the car,
jumped off and fed in the darkness.
Gilpin observer., 1904-08-04
Desperate Battle in Progress.

St. Petersburg, Aug. AT last the
decisive battle of the campaign seems
to be In progress. Having completed
his enveloping movement of the Rus
sian position, General .Kuroki has Or
dered simultaneously an advance from
all points against Hal Cheng and Lao
Yang. Fighting is raging on both
fronts and still continues.
According to Kuropatkin's official
dispatch to the Emperor. the battle be-
gan for the possession of the import
ant position at JSimoucheng. which is
located at the juncture OF the Feng
Wang Cheng and Siuyen roads. Two
separate armies were launched from
the east above the two reads. while
third. under General Oku, moved up
east OF the railroad from Ia Tche Kiao
to try to cut of the Russian force there
from Hal Cheng.
A portion of General Kuroki's army
at the same time advanced against
General Count Keller's position at
Ikhavuen. east of Lao Yang. trying
the favorite Japanese plan Of out
fianking him on the right. Still fur
ther north, on the Saimatsza-Liao
Yang road. the Japanese moved for
ward against Houtslatse, twenty-five
miles from Lao Yang. At all points
the Japanese employed artillery to the
best advantage.
General Kuropatkin's situation will
be desperate in the event Of his de-
feat. The keenest anxiety is felt at
the war office for news Of the progress
OF the battle.
The general stan seems utterly
dumbfounded at the number of men
the Japanese possess and consequently
kuropatkin's statement that they are
landing another heavy force at the
port Of New Chwang adds to the solicit
tude.
Gilpin observer., 1904-08-04
weII.knewn Ranehm.n Killed.

Denver. Aug. "A Republican spe.
cial from Salida last night says: W..
H. Champ. for twenty-five years a
prominent ranchman and cattle owner
Of Chaffee county. was shot and in.
stantly killed by James Ragan, another
ranch owner. at Poncha Springs, six
miles west Of Salida at noon to-day.
The men had been carrying guns for
each other, 1t is said, two years as a
result OF n dispute over water rights
and other conflicting interests. The
shooting occurred at the entrance to
Champs pasture. on The Iomichi road,
about two miles from the homes of
both men.
The duel was witnessed by Hugh
French. a ranchman Of the neiSAbor.
hood. but no statement concerning the
affair could be secured from him.
Gilpin observer., 1904-08-04
Gen. Keller Killed.

st. Petersburg. Aug. 2-Lieutenant
General Keller was killed by a frag-
ment of a japanese shell July 29th.
while resisting the preliminary attack
Of General Kuroki's army on the
Yantse pass. thirty miles east OF Lao
Yang. The general was standing near
. battery which was subjected to ter
rife fire, when a shell burst close to
him. and he fell. mortally wounded, dy-
ing twenty minutes later. Before he
expired General Keller had the salts
faction of knowing that the Japanese
attack had been repelled.
General Keller was the first high
Russian military commander to lose
his life In this war. He resigned the
high and lucrative post OF governor OF
Ekaterinoslaf to go to the front, and
exchanged with General Zasalitch. who
may now resume the command Of the
First Siberian army corps.
The loss of General Keller is deeply
felt in court circles. He was a personal
favorite of the Emperor. His sister,
Countess Kleimmicha, is one Of the
leaders of st. Petersburg society.
Lieutenant General Count Keller. at
the opening OF the war. was in COM
mand of the Second Siberian army di-
vision. He was fifty-four years Of age
General Keller took part in the three
campaigns of the Russo o-Turkish war
In 1887 he commanded the imperial
rife regiment, and later was director
OF the corps of imperial pages. by
which General Keller came In contact
with the members Of the imperial FAM
lily. with whom he was in great favor
General Keller was considered the
possessor of cool judgment and to be q
fine strategist. Though strict dis
ciplinarian, he was kind and careful
officer and popular with his men. He
wore a short. gray beard. had keen blue
eyes. and dressed In khaki. His only
decoration was the cross of the mill
tary order Of st. George. which he wore
on the breast Of his tunic.
He sustained two reverses at the
hands Of the Japanese recently. July
4th and July 18th. being repulsed in at
tacks on the Mo Tien pass.
Gilpin observer., 1904-08-04
General Attack on Sunday.

London. Avg. 2.-The correspondent
OF the Times with General Kuroki In
the field, in a dispatch dated July 81.
says:
This army began a general attack
at daylight to-day, which lasted until
sunset. The japanese center took the
town, capturing the enemy's north.
eastern positions.
"The left advanced and occupied
position 5eopardizfng the Russian
right. The Japanese right carried the
position against superior numbers.
There was tremendous artillery firing
throughout the day, and the infantry
finished with . brilliant march under
the suemy's shrapnel. believe that
the Russisn position will be untenable
tomorrow"
Gilpin observer., 1904-08-04

The highest price paid for western
wool this year was 10 cents a pound.
which was given for 100000 pounds be-
Longing to Bowen brothers Of Stan
ford. Montana. Last year wool from
the same flock brought 17A and the
previous year 16ss.
Daily showers continue to be part
OF the regular program in Colorado.
and as result the country never
looked better. Stockmen have ceased
to worry over the moisture. as the feed
on the range is curing very nicely not
withstanding the rains. The hay crop
will be the largest ever harvested In
the history Of the state and II the mar
kets would only get IN shape. Colorado
farmers and stockmen would have no
complaint to offer.-Denver Record
man.
Gilpin observer., 1904-08-04
RUSSIAN Army REPORTED TO BE
DEFEATED AND FALLING BACK

SHAN Hal kWAN 2The
psd The surrender army estimated at 1000
Te a u has been reported that tho Russians
killed before
after desperate battle which lasted nearly two Tho place
the two southern divisions. Of the Into communication and
either could learned
strong
Gilpin observer., 1904-08-04

During the discussion Of South Az
rican affairs in the house of commons,
Colonial Secretary Lytt1eton annpunr-
ced that the government intenSn naxe
year to give the Transvaai reFsesauaa-
tive institutions by substituting eiee1-
ed for nominated members of the exa--
cutive council.
In the southern portion OF C:ninsrs--
hua. Mexico. In the neighborh0od u6
Batopilas and Urique. cloudhursfn,
have done great damage. sweeping
away much mining machinery. NM
many mines that have been shut DOWN
for want Of water will now be snnhIsd
to resume work.
Gilpin observer., 1904-08-04

The 100-ton concentrator OF the Bur
ro Mountain Copper Company in New
Mexico started in its initial run last.
week, and worked to perfection. Al
fred and Nathan Leopold, capt. aIists 6
Chicago, are stockholders and directors
in the Burro mountain company. ands
they are highly pleased over the results
of the initial run. The concentration
and line gives employment to early 1uo-
men. and has started quite boosn IN.
mining in the Burro mountain district.
Gilpin observer., 1904-08-04
Sheep.
Grain

Wheat, choice milling. per 100 lbs,
$1.30. Rye, Colorado. bulk, per 100 lha-.
75c Oats, bulk, Nebraska new white,
1925; mixed, $1.23; in sack, Colorado
white, $1.5O. Corn, in bulk, $1-00; com
chop, sacked. SLOT; Colorado corn INC
oat chops, sacked. $1.25; bran. Cose-
RADIO, per 100 lbs, $110.
Gilpin observer., 1904-08-04

Col. Clarence r. Edwards Of tho In.
sular Department, who has arrived ar
st. Louis from Washington, annonncesi
that President Roosevelt probably viii
visit the Worlds Fair in October. Coa-
onel Edwards says that the President ~
anxious to see the Exposition and the.
details Of the trip will soon be COM
pleted.
Gilpin observer., 1904-08-04
Hay

Upland, per ton. $100C@11-e0; Sec
ond bottom. choice to fancy. 5000
500; good to choice, $6.0041o 90; tim-
othy, $11.00; timothy and clover,
5000; alfalfa, prime, $3.50; straw. $4-6e'
Q5.O0; South rark wire grass. $14.s0-
Gilpin observer., 1904-08-04
Live Poultry
Butter.

Elgin market
Creameries, extra Colo. -.
Creameries, extra eastern
Creameries, firsts, Colo
RADIO and eastern ..--.-
Process and renovated
goods, Id. ............
Store packed ...........
Cooking butter ..........
Gilpin observer., 1904-08-04
DENVER MARKETS
Cattle

Comparative Receipts
Month to July 29th. .......---- 36,esO
Same period last year. 1920
Increase. lay1s%
1ear 10 udte. =. ---Asso,Se~
Same period last year. -1O5.54&
Decrease. ..............-- 46.JSS
The following quotations represent
the range OF prices paid on this mar-
ket:
Beef steers, corn fed, LOO to-
1,2O0 lbs. .................$5 5.Op6B5-SQ
Beef steers, corn fed, $50 to
1,1O0 lbs. ............- 47s25.z5
Beef steers, hay fed, 1,100 to
1000 lbs. .......--. 475a50O
Beef steers, hay fed, $50 to
1,1OO lbs .................. 45O04Ts
Cows and heifers, choiW
corn fed. ........... A593Ags.
Cows and heifers, medium, to
good. corn fed ......-...- 3.75aB4-25
Cows and heifers, choice hay
fed. 350@4vv
Cows and heifers, medium to
good, hay led. ......... .380a3z5
Calves, veal, choice .-... 4-0O95.0o
Bulls, stays. etc. .........- 1-5OdG2-5e'
Feeders, 900 to 1,15O lbs,
good to choice, f. P. R.. 40O@4.2S
Feeders, 500 to 900 lbs,
common to fair, F. p. r. 3-GAi3.CS
Stockers choice, F. p. R.. 275n4.2s
StOckers, fair to good. ..-... 2-oo13.4s
Gilpin observer., 1904-08-04
Eggs.

Eggs. fresh. loss OF. .......
Eggs, fresh, case count. ;.
The Montgomery advertiser., 1904-08-31
Opinion by Haralson, !.
WILKINSON V. THE STATE.

WILKINSON V. THE STATE. Indictment for Selling Spirituous, Wiz
 nous or Malt Liquors contrary to
 Law.-Appeal from the Circuit Court
 of Cherokee.
 l. Selling liquor contrary to law; admissibility of evidence to show bias. selling liquor contrary to law. 1t Is competent, on the cross examination of witness introduced and examined as a witness for the defendant, to ask him if he was not indicted for the same offense with which the defendant was being tried in the same court; such evidence having a tendency to show bias on the part of the witness.
 2. Same; same.-In such a case, 1t Is not competent on the cross examina- tion of a witness introduced by the de- fendant, to ask him if an indictment was not then pending against him for public drunkenness.
 8. Credibility of witness; charge in reference thereto.-In the trial of a criminal case, where a witness for the State has been impeached, charge which instructs the jury that if such to by the impeaching witness "the jury may look to that fact in connection with all the other evidence in deter mining what credence they will give to his testimony" asserts a correct proposition of law and should be given at the request of the defendant
 Reversed and remanded.
 Opinion by Sharpe, J.
The Montgomery advertiser., 1904-08-31

JOHNSON ct al. vs. IMMERSION. Bill in equity to declare and enforce a
 trust in stock-Appeal from the
 Chancery Court of Etowah.
 1. Trust in personal property can be established by parol-A trust in per- sonal property may be declared and proved by parol.
 2. Bill to declare and enforce trust in stock: admissibility of evidence.-On a bill filed for the purpose of having declared and enforced a trust in the capital stock of bank, which stock was issued in the name of certain person as trustee, emitting the name of the beneficiary, the declarations of said trustees, at the time he subscribed and paid for the stock and subsequent declarations by him while in the pos session of the stock. that he had sub cribed and paid for the stock for his son, who was the complainant in the present case. are admissible to show the creation of a trust in stock.
 5. ee Trust fnS steeixss of oesNoratfon; when purchaser charged with notice.- Where stock is issued to a certain per- son whose name is inserted In the face of the certificate. immediately after his name there is written the word trustee" such description of the per son to whom the stock Is issued indi- cates trustee ownership and serves as notice to the purchaser of stock that his vendor is selling trust property, and such purchaser can not. therefore.
The Montgomery advertiser., 1904-08-31
LANDTHRIFT V. THE STATE

 Indictment for Assault with Intent to
 Ravish.-Appeal from the City Court
 of Gadsden.
 l. Trial and Its incidents: remark of trial judge to jury; when no reason for continuing case immediately following. Where. upon the jury that has tried case returning a verdict of not guilty, the court rebukes said jury and says to them: If 1t was not for the fact that have another important case to try I would now dIscharge you for this verdict" such remark of the court having reference only to the case which was then tried and not to the case which was immediately to be tried, constitutes no ground for continuing the case which was immediately there after called for trial; such remark In the previous case not prejudicing the defendant in the case immediately fol- lowing.
 2. Evidence; competency of witness. A girl eleven years old, who testifies on her voir dire that she believes there is a God in Heaven; that people who swear lies go to the bad place." that she had been to school; had never been to Sunday school, but had been to preaching, and that she would go to the bad man" if she told a lie, Is shown to be competent to testify; and it is not error for the court to so rule.
 Affirmed.
 Opinion by Tyson, J.
The Montgomery advertiser., 1904-08-31
AliIT IIItu'
 opinion by DowdelH J.
ROWLAND V. THE STATE.

ROWLAND v. THE STATE. Indictment for Receiving and Conceal
 ing Property which Was Stolen--Ap-
 peal from the Circuit Court of Cher
 okee.
 ]. Receiving and concealing stolen property; sufficiency of indictment.- An indictment which charges that the defendant did receive. conceal. or aid in concealing towit one ten dollar green back bill. paper currency. law ful money of the United States. a bet ter description of which Is to the grand jury unknown. the personal property of Sam Gray. knowing that 1t was stolen, and not having the intent to resore it to the owner. against the peace" &c, is sufficient, both as to Identity and value of the property, and is not subject to demurrer for insuf- ficiency or for failure to all-Se the value of the property stolen and re- ceived.
 g. Indictment for receiving and con- ceaIing stolen property.-On trial under an indictment which charges the defendant with receiving. concealing or aiding in concealing money, know ing 1t to have been stolen, where a wit ness testifes that he was with the
The Montgomery advertiser., 1904-08-31
MACON AND ATLANTA
 VIA ATLANTIC & BIRMINGHAM.
Scuten,ber 9th.

On Tuesday. September 9th. the At lantic and Birmingham Railway will operate another of its popular person ally conducted excursions to Macon and Atlanta. The rourd trip fare from Thomasville to Macon will be $2.50; to Atlanta, $4.0O. Tickets will be good returning up to and including Satur- day. September 10th. Special traIn will leave Thomasville TAO a. m., running through to Macon and Atlanta via Montezuma and the Central of Georgia Railway without change. adV-tt.
The Montgomery advertiser., 1904-08-31
State of Alabama vs. Terence J. roole

State of Alabama vs. Terence !. Toole ct als.
 The bill sets out that on February 17, 1903, the Legislature of Alabama adopted an act entitled an act to e1. tend and improve the State Capitoi building and providing an appropria- tion therefor.
 The bill further sets out that in or der that the building may be extenoed so that the work of the departments may be more efficientiy done ana the site be improved that the state will have to acquire that property next to and south of the present grounds. which is bounded on the west by South Bainbrtdge Street. on the south by Washington Street, and on the east by South Union Street. measuring on Washington Street 45o oy z4o feet.
 The several lots of this property are owned by Pelham J. Anderson, Mary Eliza Anderson. Annie Boylan, Terence I. Toole. Johnetta Davis. Sallie Toole, Alice Kohn, Mary Owen and Margaret Dove.
 The petitioner prays that all these parties be made defendants in the cause and that day be set for hear ing in order that the fee of each of these parties should be fixed and the property condemned.
 Judge GaSton mas nxed no date TOT the hearing. The bill was filed by Att torney General Massey Wilson and Mo- Intyre & Goodwin.
 The condemnation proceedings for the acquisition by the State of this property was authorized by a special act of the Legislature. Probate Judge J. B. Gaston will select three citizens of Montgomery County, who wfll form a commission for the fixing of the value of the different parcels of the property. The members of the Com mission will possess the same qualifi- cations as jurors in Montgomery Coun- ty.
 This Commission will hear and weigh evidence as to the value of the prop erty which is sought to be condemned and will render their verdict as to the price that should be paid by the State.
 It Is possible that the property own CTS may appeal the question to the Su- preme Court. In that event a special term of the Supreme Court may be called.
 The Capitol Building Commission has decided that the State will only buy the property after it Is condemned. The owners of some pieces of the prop erty have offered to sell direct, but the Commission thought it best to pur- chase only property that had been passed upon by the jury of award.
The Montgomery advertiser., 1904-08-31
Use The Mastlc
Pkons $50

 defendant when the latter's son picked up ten dollar bill and handed 1t to the defendant 1t is competent for the soli- citor to ask the witness if he saw the defendants son give the defendant a bill of moneyT'
 3. Indictment for receiving and con- cealing or aiding in concealing prop erty which was stolen.--On a trial un- der an indictment which charges that the defendant did receive, conceal or aid in concealing property knowing that it was stolen, and not having the intent to restore 1t to the owner, charges which confine the jury to the consideration of the question as to whether the defendant knew the mon ey had been stolen at the time he received it, are erroneous and properly refused.
 Affirmed.
 Opinion by Hara1son T
The Montgomery advertiser., 1904-08-31
coMMENDs COLONEL HINDMAN.
General Lee Praises Louisville Man.
 Generous Action.

In appreciation of the generous act of Colonel Biscoe Hindman of Louis ville. who has alone erected q Confed- crate Monument at the Pewee Valley Confederate Home. near Louisville. Ky General stephen D. Lee. commanding the United Confederate Veterans, has issued q special order of thanks.
 The order is as follows: Headquarters United Confederate Vet
 erans. New Orleans. La, August G..
 1904.
 Special Orders No. 25.
 With peculiar sense of pleasure the General commanding announces to his Confederate comrades the erection and dedication of monument over the graves of the dead at Pewee Valley Confederate Home. near Louisville, Ky. This satisfaction Is enhanced by the fact that the entire expense of this most beautiful and appropriate tribute to these brave men who have been laid to rest away from home and kindred was borne by one of his military house. hold-Colonel Biscoe Hindman-the son of most gallant Confederate soldier. This munificent and patriotic act of Colonel Hindman raises him in the es- timation of his associates. reflects cred 1t on the 1T, c. V. organization and hOnors the entire staff The General commanding holds up for admiratic and imitation this evidence of the de- votion of the donor to the cause we all love, and he sincerely hopes 1t may fin1 followers in every section of our dear Southland.
 By command of
 stephen D. Lee.
 General Commanding. Official
 Wm. E. Mickle,
 Adjutant General and Chief of staff
The Montgomery advertiser., 1904-08-31
Head-NOtes Of the Decisions
 f Alabama Supreme Court

claim to be a bona fide purchaser with out notice.
 1. Declaration of trust; can be en- forced in equity.-Where a person sub- scribes for stock in a corporation and receives the certificate therefor in his name as trustee. with the intention to hold the stock in trust for the benefit of his son and this intention Is then and subsequently, expressed. there is creat- ed a trust in favor of such son which can be enforced in equity.
 5. Res adjudicata; suit at law and suit at equity.-A suit at law. where only the legal title is involved can not be res adjudicata as to a subsequent suit brought in reference to the same subject matter. seeking to establish a trust therein.
 6. Stay of proceedings; when rule does not apply.-Where one action Is legal and the other is in equity, the rule to stay proceedings in the latter until the costs of the former are paid does not apply.
 Affirmed.
 Opinion by Dowdell J.
The Montgomery advertiser., 1904-08-31
NEW CORPORATIONS.
Several Alabama Concerns Have Beer
 Formed.


 Formed.
 A certificate of the Alabama Con- struction Company was filed yesterday in the office of the Secretary of State. The headquarters of the company which has a capital stock of $25,000 are at Anniston. The incorporators are D. B. Lacy, A. P. Agee, Silas. Lacy and c. W. Lacey.
 The Bailey Iron Works of Mobile. Ala, has been incorporated with a cap ttal stock of $50,000. The incorpora- tors are Arthur Bailey. s. l.. Lavengy. W. G. Ward and Caroline Bailey. The company will conduct a general 'ma- chinery and foundry business.
 The Samson Gin and Mill Company of Geneva has been incorporated with capital stock of $3,000. The incor- porators are John s. Collins, Dallas King, Hosea McDuffie, J. W. Daugh- try. W. s. Grace J. M. Lee, E. A. White, J. H. White H. J. D. Weeks and W. M. Holley.