davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-27
ATE COAL AND THINGS.
Santa Claus Cured Her Love for
Waste Pnner and Matches.

Mount Holly n. J.. Dec. 26.-Beatrice Cardwell.
the three-year-old daughter Of Mr. and Mrs. Albert
P Cardwell, OF Pne-st.. has been cured of bad
habit by Santa Claus. Beatrice had cultivated
taste for many articles which not found
bill Of fare and these gave her serious Illness.
from which she recovered in time to enjoy Christ
mas.
Her illness was the direct result of eating o
quantity Of waste paper. some toothpicks. a piece
Of anthracite coal and matchbox. At every op-
portunity the child would steal piece of coal and
SUCK and eat as much Of 1t as possible The eating
Of paper had become one Of her favcrite pastimes
from Beatrice,s lips, and; believing that it was
paper, he sought to dislodge It. but found that il
was a piece Of white wrapping string. After pull
Ing for a while, the little mouth was emptied of
It's contents. and on measuring it was found to be
seven yards long.
Il won't do so any more" promised the child to
her parents because Santa Claus has been so
kind to me-"
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-27
POLICE Rid ON FAN TIN.
Players Drop Through Trap Door
Layout Flies to Ceiling.

Early yesterday morning policemen surrounded
No. hottest, having learned that game OF fan
tan was in progress IN the basement When they
reached the scene OF the game mat jerked
up into the air from table and there a shower
of dominos, money and buttons, while the China
at began to disappear into the cellar
through a trap door, Later seventeen were pulled
out, of them dripping wet
Sing Mob. alleged proprietor Of the place
where the men were found. held in $1,000 bail
at the Tonbs police court for examination to-
Daniel O'Reilly said in court that the men
belonged out Of town and were not gambling for
money. E. E. Price. behalf of the alleged Hip
Sing members arraigned. said that the arrests
showed spite on the part of the police. who have
been accused before Of favoring the members the
On Long. Another story told in court that the
gathering consisted Of Hip Sing Tong members.
1t was said that each group OF laundry owners all
over the country, Of this society had been assessed
500 each for the defence of five arrested for
the fatal shooting in front OF No II Bowery a few
weeks ago The projected fund will amount to
$4,000.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-27
DIES FALSE TO PROMISE
Youth Kills Himself after Telling
Mother He Viii Lire.

Declaring on Sunday he would destroy himself
Harold D. Fielding. twenty-one years old, clerk
IN the METROPOLITAN department of the United
States Casualty Company, killed himself last night
by shooting himself in the head with revolver at
No I0l West Seventieth-st, where he lived Win
his mother For several weeks young Fielding hao
been Respondent. and on Sunday wrote hote'
which he evidently intended should be found after
he was dead saying he meant to end his life pc
cause he was discouraged His mother; MIS-;
him 10 take heart and to give TO her any weapon
he might possess. He finally convinced her ne
had thought better of his intention
Last night Harry Kingsland, an intimate friend.
called and asked Fielding to go out but Fleldins
mother he was going to bed. The mother. sun
fearful asked Fielding to let her have his revolver
If he possessed one but he said she had no reason
TO worry about him. a few moments later she
heard a shot in the bathroom Her screams
brought neighboring tenants They pushed open
the bathroom door and found young Fielding lying
IN the bathtub dead.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-27
Is STABBED DEFENDING GIRL.
Reung Man Wounded Charges Assault
I Assailant Pleads Self-Defence.

HewtowE, Long Island. Dec 26.-John Burkhart
q no. Y Grove-st, Evergreen. arrested at his
fcfne to-day by Detective McGrattaz, of the New
town precinct, on a charge of having feloniously
assaulted Frederick Fredericks, of No. 1.1S0 Will
ESughby-ave, Brooklyn Fredericks stabbed in
Che side and is IN the German Hospital Brook
tyH. His wound Is said not to be of serious char
ecter.
fredericks's story OF the trouble was that he was
accompanying home Miss Lizzie Shaw, OF No II
14auJer-st., Glendale. when Burkhart, passing
sheu, made insulting remark to the young
T9otlan- treder1cks resented the mans conduct and
ShsY exchanged blows until Burkhart whipped out
s knife and stabbed Fredericks in the side. Burk-
Part says he was set on by Frederfcks and others
and that he acted solely In selfdefence The police
say the two had been drinking together before
the trouble arose.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-27
FEAR THAT GIRL IS IN BAD HANDS
Search in Hospitals Fails to Procure Trace
of Missing Young Woman.

After vain search in the civ HOSPITALS John
Mccarthy. OF Judge John Henry MCCARTHY
is of the opinion that Catherine Bierman, twenty
years old who has been missing from her home
since last Thursday. has fallen into bad hands
Gathering. who is twenty years old, has been in
ms country only fourteen months She lived with
her uncle, Henry Mackel at the ST. Clair Hotel.
On Thursday she left her home loaded with
Christmas presents, 10 visit Manhattan She said
she was gong 70 make a few additional purchases
IA department store In Sixth-ave., and then go
10 see her sister In Judge McCarthy's house In
West one-hundred-and-tw entieth-st. -
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-27
DAN" MAvoY OUTSIDE IN THE COLD
Fourteenth Street Theatre Shuts Doors on
His Company and Scenery.

Dan McAvoy and his company, playing The
Mayor OF the Bowery" went to the Fourteenth
Street Theatre yesterday morning. prepared to I'M
load their scenery and begin engagement. They
were refused adnittance, and while they claInored
at the rear door the scenery for Common Sense
Bracket" going in by the front.
Mr.. Rosenquest. manager OF the Fourteenth Street
Theatre, says that he booked McAvoy's show for
this week and next, but seeing 1t up State de-
cided it was not good enough for his theatre and
cancelled the booking. McAvoys manager insti-
tuted legal proceedings and Mr.. Rosenuuest will
appear before Justice Leventrttt this morning to
show why injunction should not be issued
restraining him from playing any other show than
'The Mayor of the Bowery" until the case Ia de-
cided.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-27
I1ss1SsPPI's NEW MURDER RECORD.
Porty-fve Homicides in the State in Fifteen
Days After December l.
- rELEaRAPE % TEr TRIRUNE. ]


iNsw-Orleans, Dec. 26-Mississippfs murder record
Str the month drawing to a close IS large
che. AS pointed out by the Governor. in ad-
dress at the opening OF the Corn and Cotton Car
rival. crime is steadily the increase among men,
ETs OF the negro race, especially the younger gen.
srston. and the figures cited by the Governor in
Sis speech viii be heavily added TO at the END Of
inc year
! In Coahoma County the Circuit Court session
adjourned on November "a and since that date
Twelve murders have been committed by negroes
within the borders OF the county. Less than six
HaTe been arrested. These killings almost in
ssFiably resulted from crap" games.
/ Prom December TO December Is. a period Of
Ebout two weeks, forty-1ve homcides occurred
within the State
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-27
EXPLOSION KILLS FIVE.
F'paI Play Suspected in Tragedy in
! MARYLAND.

Cd Town. Nd. Dec 2a.-Mack Nimarick. his wife
end child and Anna and Massaun Cole, Nimarick's
sisse-s-in-law. all SIavs, burned 10 death to-
day 81 a shanty In which fifty laborers employed
an the Wabash Railroad housed The men
were employed by spb-contractor named John
Kiehols An explosion Of coal oil is supposed to
have caused the accident.
Foul play is suspected by the police as NImarick
is said have had considerable sum Of money On
his person yesterday. Two of the SIavs, members
81 the camp, said to be missing
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-27
COMMITS SUICIDE BY MISTAKE.
Prisoner Makes Alleged Fake" Attempt to
Die and Succeeds.
[BY TELEeRApH 20 rHr rR1RuNE. !

Concord. Mass. Dec. 26.-Thomas E. Cahlll, an
inmate Of the Massachusetts Reformatory here
committed suicide by mistake to-day through an
alleged fake attempt at suicide. cahill heard
another prisoner talking about fake" suicides to
obtain transfers to other institutions and thought
he would try it. He miscalculated the time of
the inspection officers rounds however, and, being
unable to extricate himself, nfeiess when dis
covered suspended by some cane secured In the
chair factory.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-27
SUSPECTED OF KILLING MRS. BoUToN,
Parents Have Man with Whom She Asso-
ciated Under Suspicion.
IBY TELEGRAPH TO THE TRIBUNE. !

III
Syracuse. Dec. 2s.-The family OF Charles Kemter
who believed that the girl who was found muir
oered in North Cheyenne Canyon near Colorado
Springs. was their daughter. Mrs Bessie Bouton
to-day said that their suspicious fastened ON a
man with whom she associated He is thought to
be gambler. The man was always well supplied
With money. and wore great deal of jeweiry.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-27
Ten Thousand Yards
Of Fine Embroidertes

This offering is composed of the sample
pieces from large importing house. They
are on fine nainsook, cambria and Swiss mus
Inns Fully half of the collection could be
sold, and would be counted excellent value,
at csc yard; but the collection includes some
that are lower in value, and a very small
quantity that we should consider 15-ccnt
goods.
The very large variety includes both open
and blind work, in various widths. This
broad assortment together with the fact that
the embroidery is in perfect condition, and
viii be cut in any length desired, makes it an
Offering that women will be enthusiastic over,
at this little price of 121aC yard.
Tenth street Elevator Counter
The Montgomery advertiser., 1904-07-16
TALBERT V. THE STATE.
Opinion by Mcclellan. c. J.

Indictment for Murder.-Appeal from
 the Circuit Court of Marengo.
 1. Admissibility of confessions; when shown to be voluntary.-A con- fession as to the commission of a crime, which Is made by a defendant without threats being made against him or any reward or inducement of fered, are voluntarily made and are admissible in evidence.
 2. Homicide; defense of insanity; charge in reference thereto.-On q trial under an indictment for murder. where the defendant introduces evidence tending to show that he was insane and was subject to spells of insanity, a charge Is erroneous and properly re- fused which instructs the jury that If the defendant has satisfied the jury. from the evidence, that the defendant was insane and subject to spells of in- sanity from time to time for a period of eight or nine years prior and up to short time before the killing, then the jury may presume that the defend- ant was insane when he killed the de- ceased, and the burden would be on the State to establish by the evidence, beyond a reasonable doubt, that the de- fendant was sane when he killed the deceased" ."
 8 Trial and its incidents; sufficiency of Judgment of conviction.-Where, on the trial of a criminal case, after set ting out the verdict of the jury the minute entry of the judgment does not recite a formal adjudication of the defendants guilt upon the verdict. but the minute entry shows a Judgment of sentence by the court in accordance with the verdict. there Is implied a judgment of guilt. and the Judgment of conviction is shown to be sufficient.
 Affirmed.
 Opinion by Dowdell, J.
The Montgomery advertiser., 1904-07-16
Opinion by Dowdell. J.
GoBER EFT AL V. THE STATE.

GOBER EFT AL v. THE STATE. Indictment for Posting and Leaving
 Obscene or Vulgar Pictures or
 Writing on or near 'a Dwelling
 House-Appeal from the County
 Court of Cullman.
 1. Indictment for posting and leav- ing obscene or vulgar pictures or writ ing on or near a dwelling house; suffi- ciency of evidence; fatal variance.-On a trial under an indictment charging that the defendant did willfully post up or leave obscene or vulgar pictures. placards, writing or printed matter on a dwelling house" of certain named person, where the evidence shows that the defendants left or posted an ob- scene or vulgar writing on house be- longing to said named person, which was built for a tenant house, and situ- ated thirty or forty feet from said named persons dwelling house, and that said tenant house was used as a storage room or smoke house, there is a fatal variance between the aver ments of the indictment and the proof. which would not authorize a convic- ton; 1t appearing that the obscene writing was not left on the dwelling house of said person.
 Reversed and remanded.
 Opinion by Mcclellan. c. J.
The Montgomery advertiser., 1904-07-16
BUCKHEIT EFT AL V. DECATUR LAND
 

BUCKHEIT EFT AL V. DECATUR LAND
 co.
 Bill in Equity to Foreclose Mortgage.-
 Appeal from the Chancery Court of
 Morgan.
 l. Bill by assignee to foreclose mortgage; sufficiency of averment of assignment Where a bill Is filed by the assignee of a note and the mort gage securing the same, seeking to have said mortgage foreclosed. the averment in said bill that said note "to- gether with said mortgage deed were assigned by" the mortgagee unto the complainant. is a sufficient averment to show a transfer or assignment of the note and mortgage, so as to carry the legal Ntle to the note and the legal estate of the mortgage in the land.
 ?. Mortgage; assignment of mort gage debt-The transfer of a mortgage debt. whether by writing or parol is in equity, the assignment of the mort gage.
 8. Bill by assignee to foreclose mortgage Where a bill is filed by the assignee of a mortgage to foreclose such mortgage, it is immaterial wheth- CT the assignor or mortgagee be made a party complainant or respondent to the bill: since. being before the court said mortgagee would be precluded by decree.
 Affirmed.
 Opinion by Tyson. J.
The Montgomery advertiser., 1904-07-16
KYLE'S SUCCESSOR
CULLMAN COUNTY DELEGATION
 SEES THE GOVERNOR.
E. F. St. John and George H. Parker Applicants from Cullman-No Vacancy Exists
 Aa Yet.

Governor Cunningham on his return to the city last night was met by a delegation of prominent citizens of Cullman County who discussed with him the impending vacancy on the bench of the Eighth Judicial Circuit, caused by the appointment of Judge Osceola Kyle as a member of the Pan- anna Judiciary.
 The delegation included Hon. E. P. St. John, well known attorney of Cullman County. and one of the appli- cants for the place. It was announced yesterday that Hon. George H. Parker a member of the Constitutional Con- vention, a member or the present Leg islature and a member of the State Democratic Executive Committee. was an applicant for the vacancy. In the interest of MT. Parker Governor Cum ningham was seen by Messrs. s. J. Griffin and O. s. Roden. As friends of MT. Parker they presented his claims were granted an interview by the Gov erpor at which the impending vacancy was discussed.
 At the same time the Cullman Coun- ty visitors were informed that the ap- pointment of Judge Kyle's successor would not be taken up until his resig- nation was in the hands of the Cover nor. Judge Kyle has not yet resigned. He left Alabama several days ago for New York by way of Washington. He announced that he would sail for Pan- anna on the 1eth inst. He also stated that he would resign his Alabama Judgeship as soon as he had signed his oath of office for the new place. D. W. Speake, a prominent attorney of Decatur Is also an applicant for the Eighth District vacancy. Several North Alabama delegations will probably come to Montgomery in the interest of the different candidates when the va cancy actually occurs.
 Governor Cunningham came in last night from Uniontown where he had attended barbecue and had addressed the assembled crowds.
The Montgomery advertiser., 1904-07-16

Indictment for Arson.--Appeal from the City Court of Montgomery. 1. Indictment for arson; admissible ity of evidence of defendants commis- sion of other offenses On a trial un- der an indictment for arson, after the introduction of circumstantial evidence tending to show that the house of the person named in the indictment was. in the night time, set on fire by defendant and partially burned. and there Is also evidence that the defendant enter tained enmity towards the person named in the indictment as the owner of the house and her brother, and had threatened both of them, it is compe- tent to allow the State to introduce ev- idence to show that on the same night and near the same time of the burning of the house of the person mentioned in the indictment, the house of the
 brother of said person was intention ally burned, and that after. the fire tracks of a woman's shoe. of the num- Der worn by the defendant. were found leading from said last named house; such testimony being material to show the intent with which the act charged was committed. or to identify the &C., cused as the person who committed the act.
 g. Same: same; introduction of former acqulttal.--ln Such case, where such evidence as stated above is
 introduced, it is permissible for the de- fendant to introduce in evidence the record of the court showing that at the last term of said court the defendant
 had been tried and acquitted of the burning of the house of the brother of the person named in the indictment, as the owner of the house alleged to have been burned in the pending case; such evidence being admissible under the doctrine of res adjudicata.
 3. Arson; admissibility of evidence On a trial under an indictment for ar son, where there is some evidence tend ing to show that the defendant had been accused of burning the house of a person other than the ione named in the present indictment. and had been tried and acquitted. 1t Is not competent to ask a witness as to whether his tes-
 timony was the same as 1t was when he testified as to the burning of the other house. for which the defendant had been acquitted.
 4. Charge as to reasonable doubt In the trial of a criminal case, a charge which instructs the jury that "a req sonable doubt Is a doubt for which a
 reason can be given" is misleading and properly refused.
 Reversed and remanded.
 Opinion by Sharpe. J.
The Montgomery advertiser., 1904-07-16
WILL II BE A VETO? MAYOR HAS ACTED ON THE WIR-
 ING ORDINANCE. Declines to Say Whether He Has Ap- proved or Rejected Measure in Controversy Between Power
 Companies.

Mayor Thomas H. Carr has in all probability vetoed the electric light ordinance which was passed by the council at it's last meeting.
 Mayor Carr yesterday made the un- usual statement that he had taken ac- tion upon the ordinance, but that he did not care to make public just what he had done in the matter. He said that his action upon the ordinance should properly be first submitted to the council before it should become public. This is taken to mean that the ordinance has been vetoed. If the ordinance had been approved. the &C., tion of the Mayor would have been an- nounced and the ordinance would be officially published as approved Yes terday was the last of the ten days in which the Mayor had to veto or ap- prove the ordinance.
 This ordinance. 1t will be recalled, was before the council for several weeks. It was decidedly a live mat ter The consideration of the ordi- nance developed the fact that there was a lively fight between the Mont gomery Light and Water Power Com pany and the Citizens Light, Heat and Power Company. The ordinance pass ed by the council was favored by the Citizens Company and opposed by the old company. It was presented to the council by Alderman A. G. Forbes, who at one time was a member of the Board of Directors of the new com pany but who resigned when the ordi- nance came before the council
 The ordinance provided that on all poles used jointly by the two com panies that all high tension wires should be placed together as near the top of the poles as possible and that all low tension wires should be placed together below at a safe distance. The ordinance did not meet the approval of City Electrician Blakey, who rec commended different arrangement of the wires.
 It is thought that Mayor Carr used the recommendation of the city cleo trician as a basis for his veto.
 The Mayors veto, if there has been veto, reopens the old electric light fight in the council IL is possible that an attempt will be made to pass the ordinance over the Mayors veto, all though no authoritative statement to this effect has been made. The ordi- nance passed the council with one dis senting vote that of Alderman Jack son.
 Being the only alderman who voted against it. MT. Jackson afterwards changed his vote. In view of this 1t is thought possible that an attempt will be made to put the ordinance through, notwithstanding the Mayors veto.
The Montgomery advertiser., 1904-07-16
IKE LOEB,
 JEWELER.

calling for testimony which was wholly irrelevant to any issue in the case.
 ?. Same; not competent for witness to testify for what purpose they went to the place where the game was play. ed.-On a trial under an indictment foI gaming. it is not competent for the de. fendant, upon being examined as c witness. to testify for what purpose he and other persons went to the place where the gaming was alleged to have occurred.
 8. Gaming; jail not public place within the statute.-A jail house con. taining two stories. the upper story be- ing the jail or prison and the lower floor being reserved for dwelling pur- poses, is not q public house or place within the meaning of the statute against gaming Code, Sec. 4792: nor is one of the rooms on the lower floor of said jail building. which was occu- pied by the jailer as a bed and livins room a public place within the meaning of said statute.
 Reversed and remanded.
 Opinion by Haralson J.
The Montgomery advertiser., 1904-07-16
LEWIS V THE STATE.

Indictment for Gaming.-Appeal from
 the Circuit Court of Covington.
 1. Gaming: admissibility of evi- dence-On a trial under an indictment for gaming, in that the defendant play ed and bet at cards. where a witness for the defendant testified that on the occasion referred to he had a book in the room and some paper checks which were about the size of playing cards and which he was looking at, it is not competent for the defendant to ask said witness. what was done with the book he had tegiAcd about: the question
The Montgomery advertiser., 1904-07-16
WOULD TELL NOTHING
Ellis and stiller Give No Information
 Regarding Thefts.

St. Louis. July 15.-Willam H. Ellis. checker. and Charles H. Stiller. inspec- tor, in the concession department of the Worlds Fair, who were arrested and held prisoners for more than twenty four hours in the hope of learning from them the details of supposed plot to rob the Exposition Company. have been released
 Norris B. Gregg. manager of admis- sions and concessions, said to-day that 1t had been decided the men had no in- formation regarding the plot
The Montgomery advertiser., 1904-07-16
Reversed and remanded. Opinion by Haralson. J.

GRIFFITH v RUDISILL, EXEC. ETC Bill in Equity by Executor to Enforce
 Equity of Redemption-Appeal
 from the Chancery Court of Greene
 1. Redemption; executor and mort gagor can maintain bill to enforce equity of redemption.-The executor of a deceased mortgagor. although the will of his testator confers on him no special power to that end. has author ity and power to redeem the lands of his testator from a mortgage executed by him, and for this purpose can main- tain a bill in equity to enforce the equity of redemption under said mort gage; the executor being entitled to the possession of the land of his testator.
 Affirmed.
 Oninion by Haralson T.