davidaulloa/AmericanStories huggingface dataset:
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1904-04-08

Marcy MacD. Price, Of Baltimore, Is
here visiting and attending 10 business.
He 5 engaged in the coal business in
Baltimore. His many friends here are
glad to welcome him again among them
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1904-04-08

ERNEST A. RIDER.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1904-04-08

Jesse strother, merchant at Wilson.
burg, spent Friday afternoon in the
city attending to business matter.
Rosebud County news. [volume] (Forsyth, Mont.) 1901-1906, 1904-01-14
couNrY's CASH.
Treasurer's Report Shows Balance OF
Over Eighty nine Thousand Dollars.

The report Of County Treasurer
Longley for the month of November has
been filed with County Clerk McRae.
It shows there is in the treasury the
sum of $50, 1928. 10 There was received
during the month the sum of 1888. %
The amount to the credit of the various
accounts is as follows:
Rosebud County news. [volume] (Forsyth, Mont.) 1901-1906, 1904-01-14
DislOcated Her Shoulder

Mrs. Johanna Soderholm, of Fer
gus Falls, Mimi, fell and dis1ocated
her sholder. She had a surgeon get
it back in place an soon as possible,
but it was quite sore and panied her
very much. Her son mentioned he ha d
tised for sprains and soreness, and
she asked him to buy her bottle of it,
which he did. 1t quickly relieved her
had not Done for several days. The
son was so pleased with the relief it
gave his mother that he has since rec
omended 1T to many others. For sale
by Forsyth Drug Co.
Rosebud County news. [volume] (Forsyth, Mont.) 1901-1906, 1904-01-14
..SG<EeeeeeeEeeeeeeeeeEssa
= Local News =
Ss3333333333333s33s3s3e

day.
Phil Grein came down from Billings
Sunday.
Judge Foley was a visitor from Hell
ena Friday.
DR.. Park Holland of Billings was in
town Saturday.
James Swisher was visitor from
Jordan Friday.
w. w. Mcdonald was in from the
Rosebud Sunday.
Geo. A. Miller was a visitor from
Billings Saturday.
Mrs. w. H. Wood was a visitor from
Rosebud Saturday.
W. A. Davidson was visitor from
Sanford Saturday.
VIM. Titus was in from the McDor-
aid ranch Saturday.
F.. A. Snyder was a visitor from Biz
llngs Friday and Saturday.
c. Sharkey of Billings was trans
acting business at Forsyth last Fri
day.
Rea Bros. shipped 5000 feeders to
South Saint Paul, Mimi, last Satur-
day.
w. H. Linton of Billings was looking
after business interests here last Sat
urday.
w. A. Selvidge, brother to our Jolly
tinker Jack Selvidge, was down from
Billings Saturday.
J. G. Lister of Fort Worth, Texas
was circulating among the business
men of the city Monday.
Don't forget the bargain counter at
Hopes & Potter's. You may save
money on many things you need.
Quite a number Of Forsyth people
attended the dance at the new Ande,-
son school house Friday night. They
report very pleasant time.
C. w. Bailey returned from Helena
Sunday with the information that
decision would be banned down by the
supreme court in his contest case in
about one week.
{! B. Hopkins, who has been suffer
ing for some time past with an abyses
in his ear, and who went to Butte to
consult specialist, writes that an OPP
Grafton was necessary. He is i'm
proving.
Some people are exceptionally unfort-
innate. Their bnmp Of curiosity will
not allow them to ''stay in their own
back yard" or any other place. This,
iii itself, would not be so bad did
they not judge others by themselves
II. G. Wright has sold his insur.
ance business to ]. 3. Collins who will
take charge of same today. Mr.
Wright will move his family to Bill
lings where he will have his head
quarters IN the future, that place be
ing more central point to work from
IN his newly acquired position of sup
erintendent of agencies for Montana
and Wyoming.
The following little story has a
deeper meaning than one would mag.
inc at first reading: Johnnie was sit
ting on the edge of the sidewalk adj
Justing his shoestring, and bothering
nobody, when an inuuisitive natron
came up and addressed him thus:
"'Why, Johnnie, what on earth are
you doing?' The answer was short |
and to the point: Il am tying my |
shoe and trying to mind my own bust
ness. How much better satisfied |
with ourselves and the community in |
general we would be, if we would |
''tie our own shoes and allow other
people the same privilege.
Judge Loud and Stenogr pher Krel-
dler arrived from Miles City Friday
morning and opened session of dis
trict court. The following cases were
heard: Thomas Alexander agai st
n. c. Wilson, James NJ Calvin was
appointed referee; John L. Joosten
against Mary Joosten, decree of di-
vorce was granted on grounds of de-
sertion; Hite Bray against Mont Bray,
this case having been settled while
Rosebud County news. [volume] (Forsyth, Mont.) 1901-1906, 1904-01-14

Receipts were as follows: Received
from tax $798.29; licenses, $685. IS;
county officers fees, $186.65; other
resources $500. Total. $l,S7SOo.
Rosebud County news. [volume] (Forsyth, Mont.) 1901-1906, 1904-01-14

The Thrice a=Week New York World
and The Rosebud County News will he
mailed to one address fer So per year
The Montgomery advertiser., 1904-10-30
MITCHELL V. THE STATE.

Indictment for Selling Spirituous
 Liquors Contrary to Aaw.--Appeal
 from the Circuit Court of Lauder
 dale.
 1. Selling spirituous liquors con- trary to law; suficiency of evidence On a trial under an indictment charg- ing the defendant with selling spirit ous liquors contrary to law, where 1t is shown that in the County which was under local prohibition. the defendant. while in his store, and upon the re- ceipt of S1 from certain named per son, let the latter have a quart of brandy which defendant had bought in another town, for and at the request of a third person that he had paid for the brandy S1 which such third person had supplied for that purpose, and that he gave to said third person the $1 handed him by the person to whom he delivered the brandy, such evidence Is sufficient to establish the sale of the brandy. and authorizes conviction of the defendant.
 ant.
 2. Construction of dispensary act for Lauderdale County; prohibits the sale of liquor except by dIspensary.-- Sections 1 and 22 of the act approved February 26, 1903, establishing a dis pensary in Lauderdale County are suf- ncient, independent of the dispensary features of said act, to prohibit the sale. giving away or otherwis dispos- ing of spurious liquors in Lauderdale County Gocal Acts. 1903, p. 62). and therefore without regard as to the of the dispensary pro- visions in said act, said sections are operative and effective.
 Affirmed.
 Opinion by Sharpe. J.
The Montgomery advertiser., 1904-10-30
BROWN V. THE STATE.

Indictment for Carrying Concealed
 Weapons.-Appeal from the City
 Court of Talladega.
 1. Plea of former conviction; suf- ficiency thereof Under an indictment for carrying a pistol concealed about his person. a plea filed by the defend ant for former conviction in which 1t is ayerred that he had been formerly convicted under an indictment charg- ing him with assault with intent to murder and that said assault was a part of the same transaction and was committed at the same time as the of- fense of carrying a concealed weapon, and that the assault was committed with the pistol which he had concealed about his person, Is insufficient and subject to demurrer upon the ground that the plea shows that the two of- lenses were separate and distinct.
 2. Carrying concealed weapons; ad- instability of evidence .-On a trial un- der an indictment for carrying a pis- tol concealed about his person, 1t ia competent for witness for the State to testify that he had seen the defend ant with pistol within twelve months prior to the finding of the indictment: such testimony being merely prelim- mary to showing the defendant had the pistol concealed about his person
 8. Trial and it's incidents; polling of jury.-When after returning their verdict jury is polled as provided by statute Code, Sec 5S0s). 1t is not nec- essary for the jurors to answer by word of mouth, since the answer may be made as intellfgibly and afhrma- lively by the movement of the head aa by words.
The Montgomery advertiser., 1904-10-30
MITCHELL V. GAMRILI

Action for False, Imprisonment and Ma
 licious Prosecution.-Appeal from
 the Circuit Court of Jefferson.
 1. Action for false imprisonment;. suf- ficiency of complaint.-A count of com plaint which claims of the defendant damages for maliciously and without probable cause therefor arresting and imprisoning the plaintiff" on a desig- mated day, upon charge of violating a city ordinance which provided a pen alty for engaging in business without license, and that defendant charged that plaintiff was carrying on such business without a license states a cause of action for false Imprisonment, and Is not subject to demurrer upon the grounds that said count does not allege that the charge on which plain tiff was arrested had been investigated, and the plaintiff discharged
 2. False imprisonment; sufflciency of plea.-In an action for false. imprison- ment. where the plaintiff alleges that the defendant maliciously and without probable cause. arrested and imprison- ed the plaintiff upon the charge of car rying on business without a license in violation of the city ordinance, and the defendant by special plea sets up that at the time of the arrest, he was a license tax collector for the city of Birmingham, and also a policeman of said city, and as such was authorized to make arrests, that the plaintiff was practising law in said city without having taken out license therefor. in violation of an ordinance of said city, and that the defendant in the discharge of his duty as said license tax collector, demanded of the plaintiff the payment of the license tax due, and upon the plaintiffs failure to pay such amount, he arrested the plaintiff for practising law without having first taken out a license therefore-such plea Is insufi- cient and subject to demurrer in that 1t does not aver that the offense was committed in the presence of defendant, or that he had a warrant for the ar est of plaintiff, and that there was no law authorizing the license tax collec- tor of said city to make an arrest for engaging in any business without a license unless said officer should have a warrant or writ of arrest.
The Montgomery advertiser., 1904-10-30
COUCH .. COUCH.

Statutory Action of Detinue.--Appeal from the Circuit Court of Marshall l 1. Evidence; declaration as to source | of title issible.--Declarations re-
 specting the source of title to property which is sued for are inadmissible in | evidence. sf .~
 2. Same; statement made post litem motam inadmissib1e,---In, an action of detinue where thesplaintiff and the de- | fendant claim title to the property un- der their father. who is dead--the plain | tiff as donee and the defendant as ad- ministrator--testimony of the plaintiff l that, while in possession of the prop erty after his fathers death. and after receiving notice from defendant that said property would be claimed as as-
 sets of the estates, he claimed said property as his own, is inadmissible; such statement being made post litem motam.
 8. Evidence; testimony affecting the credibility of witness.--It is permissible on the cross-examination of witness introduced by the plaintiff to prove his
 bias ST prejudice as affecting his cred ibility, by showing that he. together with plaintiff. had instituted another suit against the defendant and others involving another part of the property derived from the same sourse as the
 property involved in the pending suit.
 l. Same: not permissible to show
 what witness meant by e statement on
 a former trial.-While in the examina-
 ton of a witness who testified to hav-
 ing made a particular statement on the
 trial of the present case before jus
 tice of the peace, 1t is competent upon the cross examination of said witness for him to testify to facts explanatory of such statements before the justice of the peace. yet 1t is not permissible for the defendant to show by said wit | ness what he meant by such statements.
 5. Same: interest in suit can be proved.-It is competent, upon the ex- animation of witness to show by his testimony that he had no interest in the suit. |
 6. Charge of court to jury; erroneous | when ignoring a certain tendency of defendant in a suit which predictes defendants right to a verdict upon a | hypothesiZed existence of particular | facts, but which ignores evidence tend | ing to establish other facts going to show the plaintiff's rights in the case. | and which should be considered by the | evidence-A charge requested by the | jury, is misleading and properly re- fused.
 Reversed and remanded.
 Opinion by Sharpe. J.
The Montgomery advertiser., 1904-10-30
! carrving concealed weapon

s. Carrying concealed weapons court may sentence defendant to hard labor in addition to the fine imposed by jury--when 6 defendant is con victed for carrying a pistol concealed about his person, and the jury assesses a fine, the court has authority under the statute (Code, Secs 4420, b41S). to sentence the defendant to hard labor for the County for not more than six months in addition to the punishment by fine imposed by the jury.
 Affirmed.
 Opinion by Mcclellan, c. J.
The Montgomery advertiser., 1904-10-30
SHOOK V SOUTHERN BUILDING &
 LOAN ASSOCIATION,

Bill in Equity to Establish Resulting
 Trust.-Appeal from the Chancery
 Court of Jackson. ., 1. Alienation of homestead; void when certificate of separate endorse nent of wife false.-A conveyance of ] homestead, whether by a mortgage pr deed of trust, is void though signed by the wife, if the certificate of the leparate and apart acknowledgment by he wife is false in that she never ap- beared before the officer making the jertifcAe.
 2. Void conveyance; when factoring sf bona fide purchaser cannot be invok- Dd.-In order to invoke the protection If a bona fide purchaser for value without notice, 1t is essential that the purchaser should acquire some inter lst in the property; and, therefore, one who purchases at a foreclosure sale lnder a deed of trust or mortgage, which deed of trust or mortgage is a utility, acquires no- interest or title, md cannot be a bona fide purchaser for ralue without notice.
 B. Conveyance of wife's property; 10 pay husbands debt; estoppel.- Where property which constitutes a bart of the separate estate of a wife s, by deed of trust or mortgage, con- fcyed to secure the indebtedness of her husband, the fact that the wife signe ed laid conveyance, knowing that her husband would obtain money on the hith of it. does not estop her from re- Iudiating the transaction.
 4. Same; same.-In such case. the hct that the deed of trust or mortgage las been foreclosed, and the husband vas in possession of the property as he tenant of the purchaser at the fore- llosure sale, does not estop the wife rom asserting her claim to the prop Irty by reason of the invalidity of said Iced of trust or mortgage; and in a bill lv the wife seeking to have said con- tevance set aside and annulled, 1t is Tor necessary for the complainant to tfYer to do equity by reimbursing the Iurchaser at the foreclosure sale. Reversed and rendered.
 Opinion by Tyson. J.
 EHIRETZKI, ct al, V. JULIUS KESS-
 LER & co.
 Action Upon a Promissory Note.-Ap-
 peal from the Circuit Court of Cal
The Montgomery advertiser., 1904-10-30
MANSFIELD V MORGAN

Action for breach of contract-Appeal
 from the Circuit Court of Jefferson.
 l. Contract for boring well suficien- cy of complaint for breach thereof.-A count Of a complaint which seeks to recover damages for the breach of a contract to bore a well, which avera taht on a certain date the defendant contracted with the plaintiff to bore him a well. in which contract it was agreed that defendant was to nav
The Montgomery advertiser., 1904-10-30

s. False imprisonment: sufficiency of eyidence.-In an action to recover dam ares for false Imprisonment, where the niaintiff alleges that the defendant ma iIciousiy and without probable cause, arrested and imprisoned the plaintiff upon the charge of carrying on busi- ness without having taken out license therefor in violation Of an ordnance of the city of Birmingham, where the ev,dence shows without conflict that inc arrest was made for carrying on a husiness for which license was re- duired by said city ordinance without bavinsr taken out said license and that ssid arrest was made, without any war rant or writ of arrest, by the defend anf who was e license tax collector. such evidence establishes the right of the plaintiffs recovery apd'the plain tiff is entitled to have the general af- firmative charge siven to the jury at
 Reversed and remanded.
 Opinion by Haralson J.
 PRATT BAND AND IMPROVEMENT !, co, ct al. V. ROBERTSON ct al. an in Equity for Removal of Adminis-
 tration into Chancery Court and for
 Safe of Lands for Distribution.-
 Appeal from the City Court of Bir-
 imtngnams n CUuits'
 |, Bill in equity for removal of ad- ministration into Chancery Court and for. sale of lands; multifariousness.- Where a bill Is filed by the heirs of a testator for the purpose of removing the e, administration of the decedent's estate from the Probate Court into the Chancery Court. and for the purpose of having the lands of said estate sold for distribution among the heirs of said estate In accordance with the pro- visions of the will, and certain parties who had purchased the interest of cer- tain heirs of the testator in said lands. and were claiming under said purchase, are made parties defendant, together with all of the heirs of said testator, such bill Is not multifarious. because it makes said purchasers and the heirs who had sold their interest to them parties defendant.
 Affirmed.
 Opinion by Dowdeii. ].
The Montgomery advertiser., 1904-10-30
ANN1sToN CITY LAND COMPANY

EFT AL vs. EDMONDSON. Common Law Action of Ejectment.- Appeal from the City Court of An- niston.
 I. Ejectment: adverse possession when tax assessment books of county admissible in evidence.-In an action Of eJectment where neither the com. plainant nor the defendant trace title back to the government, but each claim title by reason of adverse possession for the statutory period. the tax assessment books of the coun- ty where the land is situated, showing the property assessed to the defe,l. dant during the years that it was necessary for him to have been in possession and to have exercised acts or ownership over said lands to com- piete the statutory period. and which show that the lands sued for fin said action were not during said years in cluded in the property assessed to the oeIendant are admissible in evidence.
 Reversed, rendered and remanded.
 Opinion by Haralson J.
The Montgomery advertiser., 1904-10-30

thing unfortunate happens don't say that is always" your luck. Saying so will in time make 1t so. Be per- sistently good tempered and optimis- tic. Deserve good luck and expect 1t. and 1t will surely be yours sooner or later
 Jane Moses.
The Montgomery advertiser., 1904-10-30
An Umbrella Exchange,

Cleveland Plain Dealer.
 'why did the congregation hurry out so suddenly after the benedietion7"
 '"The sexton makes them leave their umbrellas in the vestibule and these who get out late haven't much o9 a choice"
The Montgomery advertiser., 1904-10-30

sHIRETzKI, ct al. V. JULIUS KEsS-
 LER & co. Action Upon a Promissory Note.-Ap- peal from the Circuit Court of Cal houn. i. Action upon note; sufficiency of
The Hartford republican. (Hartford, Ky.) 18??-1926, 1904-01-15
Abandon Tobacco Growing.

At a meeting OF the tobacco growers
recently held In Webster county, full
ly so per cent. OF the represented
arceage decided to abandon the pro
duction OF the crop In 1904. An ar
ticle to this effect was drawn up and
signed to be binding when IS per
cent. of the acreage in the dark dis
trict had been pledged by the grow
ers.
The following Is brief summary
of the article adopted, and 1t Is re-
quested that growers in other locali-
ties in the strip district communicate
with each other and with the leaders
in this movement, tending toward a
rapid extension and decided express
sion of the idea:
"We, the undersigned tobacco
growers, do hereby agree to abandon
the production OF this crop, either
personally or by choppers and renters
during the year 1904; provided, that
Is per cent. OF the growers In the ex-
port type OF tobacco sign this or
some other similar agreement before
March 1, 1904"
The Hartford republican. (Hartford, Ky.) 18??-1926, 1904-01-15
MYSTERIOUS DEATH
Isaac jackson Found
in Dying Condition
Last Night.
Was at Work in Southern
Foundry When Death
Came.
Coroner Hayden Was Notified
and he Summoned a Jury,
But Cause of Death Was
Not Found.

Owensboro, KY, Jan. I2.-Issac
Jackson, a mechanic at the Southern
foundry, dropped dead in the engine
room of that concern last night under
circumstances which are somewhat
mysterious. 1t was found, upon ex-
animation after his death, that an in
candesceut light glcbe which hung
Immediately over his head was bro
ken, and that there was an electrical
burn on one of his fingers, but the
voltage of-the lamp was only 10, not
sufficiently strong to have seriously
injured a man. The bnrn on the fn-
ger was the only injury that could be
fonud on the body.
Jackson had been repairing an air
pump during the afternoon and came
back after supper to finish The job.
Jesse ,Crump also came back after
supper to do some work on the engine.
The two men worked for some min
utes when Crump went to Jackson to
borrow a wrench. He noticed that
Jackson had swung an electric light
across pipe Immediately above his
head In order that he might have the
best possible light. A few minutes
after returning to his own work,
Crump heard Jackson groan and,
turning, saw him stretch at full
length on the floor He went to him
and found that he was barely breath
ing. He drew three breaths, Mr..
Crump thinks, after he reached him.
DR.. Lambert was summoned and
the body of Jackson was taken to the
home just across Lewis street. DR.
Watkins arrived in short time and
a close examination of the body was
made, revealing no injury except the
burn on the inside of the front finger
of the left hand. II was at first
thought that Jackson might have
fallen from the shock and received
the Injury which resulted in his death
from the fsll. The examination
showed that he had received no Injury
from the fall
The Hartford republican. (Hartford, Ky.) 18??-1926, 1904-01-15
SMALLHOUS, KY.

ian. I2.-Mr. Sam Morton went to
Evansville Thursday. He was &C.
companied as far as South Carrollton
by his son, Master Wig Morton.
Miss Nellie Robertson, greensboro.
is the guest of her parents, Mr.. and
Mrs. Joe Robertson. She will also
visit in South Carrollton before re-
turning home.
Messrs. Claude ard Ellie Allen,
Rockport, are the guests of relatives
here.
Mss Salie Hunt left last week for
Morgantown, where she will attend
school,
Miss Alice FulkerSon has returned
to Central City to attend school.
Messrs. Clarence Overhuls, Owen
Hunter, Berry Taylor, Ode Allen,
went to Hartford Monday to enter
school.
Mrs. Jennie Balls was called to the
bedside of her son, Mr.. Mitchell Bal S,
at Rockport, who was badly injured
by raw mill.
Mr.. Bird Nall, Beech Grove, was
the guest OF Mr. and Mrs. S I. Hun
ter last Friday night.
Mr.. Joe Robertson and family will
leave this week for their home near
Hartford.
Mr. Godsey and family and Mr..
Bob Godsey, of near Falls of Rough,
have moved into our midst.