davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1904-02-24
FORBES '. THE sTATE.

 Statuoryaction of Detinue-Appeal from
 the Circuit Court of Shelby.
 1. Alteration of contract; when dces not prevent contract from being intro- duced in evidence-Whether the altera sion of a contract which is offered in evidence as the basis of a suit, material or Ini- material, is unimportant when 1t IS shown that the alteration was made wItn out the knowledge or consent of the plaintiff, even If 1t was made by one Of his clerks who was not authorized threto. such alteration does not constitute a ground for excluding the contract from evidence.
 ?. Contracts; when written can not be varied by parol.-The terms of a written contract can not be avoided or contradlc- ted by parol evidence of prior or contem- poreneous verbal agreement Between Lhe parties.
 Reversed and remanded.
 Opinion by Dowdell, J.
The Montgomery advertiser., 1904-02-24

in evidence and then proved their assign meat to the plaintiff and the foreclosurS thereof andd the conveyance Co the plaintiff under the fore closure sale. The lands had for merly belonged to the husband of the widow mortgaor and he lived on them at the time of his death. After his death the widow ard her daughter continued to live On the same lands up to the time of the institution of the suit. There had been no administration of the hIs- bands estates. nor was 1t shown that the widow claimed to exercise the right of quarantine. Held. That upon such evil del'ce, the plaintiff was entitled to recov- CT the lands.
 Reversed and remanded.
 Opinion by Mcclellan, c. J.
The Montgomery advertiser., 1904-02-24
CLAIRvoYANT.

CLAlRvOYANT-Profes Toohab the world- famed reader of lifes mysteries, at ll3 N, De- catur St. between Monroe and Madison ave nue., tells all you want to know, every hone
 fear and wish of your life faults quality cs . pability. trade or profession you are best auaI- ihed for; tells you how to win the one you love, conquar enemies, restore lost affections and how to win II business, friendship. mar Itage. etc, oh wives with aching hearts mat dens with unfaithful lovers. men and vouths who are struggling with sorrow and despair. call on this gifted man immediately: hours from 10 a. m 10 9 p. m daily and Sundays,
 Ct
The Montgomery advertiser., 1904-02-24
PENNEY V. WEEMs, EFT AL,

Statutory Action of Ejectment-AppeSl
 from the City Court of Gadsden
 l. Actior of ejectment. priIna facie case; when widow not shown to be en- tite!ed to posession.-In statutory action of ejectment, against widow and others the plaintiff claimed as purchaser at d foreclosure sale under two mortgages. which were given by one the defendants, who was Q widow. together with her mar ried daughter and her husband Tha plaintiff after proving the execution of said mortgage by said widow and her daughter and husband, introduced thcin
The Montgomery advertiser., 1904-02-24
ABOUT FLATFoorEDNEss.
What Causes It and How It May Be
 Prevented.
New York Post.

New York POst.
 Flatfootedness may or may not be h. creasing among the moderns. but 1t has at last brought out some very interesting theories as to why is should be prevail ent. sandow got aatfooted from lifting heavy weights. according to the opinion of pr. Sargent of Harvard Children are ljke.y to be afflicted in this way when they wear spring heels, for the bones hf the lnstep. in the case of young people. depend for keeping their place upon ade- ouate support of the hell. Fat children find themselves becoming fiatfooted be- cause of the abnormal weight the feet have to sustain. Poor feeding of the child
The Montgomery advertiser., 1904-02-24
BURLINGTON EFT AL. V. KYLE LUM-
 nE1 Cn

BURLINGTON EFT AL. " KYLE LUM-
 BER co.
 Bill in Equity to enforce Contract and for
 Injunction.-Appeal from the City
 Court of Gadsden, in Equity.
 l. Bill to enforce contract and for in- Junction; suff1ciency of averments as to inadequate compensation in damages Where, in bill filed to enforce the per- formance of a contract and for an in- junction restraining the threatened breach thereof, 1t is averred that the threatened breach of the contract by the defendant would result in injury to the complainant, which could not be adequately compen- sated in damages, such averments. ai- though demurrable for insuficiency could be remedied by amendment, and will be considered as having been sufficiently amended on motion to dismiss the bill for the want of equity; and in such case 1t was not necessary to the equity of the bill to further aver tho insolvency of the defendant. ?. Tenants in common; contract as to use of interest by one co-tenant.-A ten- ant in common can enter into a valid and binding contract. not to employ his in- terest in the common property except in A certain way or to certain ends, or can covenant with his co-tenants that he will not do certain things with or in respect OI lne CoIhihoh PiOP0i " anu II sucn con- tract is otherwise unobjectionable, it can be enforced.
 3. Contract; invalid when in restraint of trade.-Where a lumber company. in the purchase of one-half interest in a Ieasehold estate in a saw mill site agrees to pay to the seller one-half of the rental for a covenant on the sellers part not to erect and operate a saw mill on said site. nor allow one to be erected and operated during the term of his lease of the site, such contract Is an undertaking in re- straint of trade. and is. therefore. void as being against public policy.
 Reversed and rendered
 Opinion by Mcclellan. c. J.
The Montgomery advertiser., 1904-02-24
MtysGRovE V. THE STATE

MUSGROVE v. THE STATE. Indictment for trespass after warn ing-Appeeled from the County Co1rt Cullman.
 l. Trespass after warning; sufflciency of indictent-An indictment for tres pass after warning, which fails to aver that the trespass was committed within six months after the warning not to do so. (code sec 5eO6l is flatly dcfecttce and subject to demurrer.
 Reversed and remanded.
 Opinion by Tyson. J.
The Montgomery advertiser., 1904-02-24
Spanish Colony for Mexico.

9paMI8h CoE0ny 4VI AIoN100'
 Times.
 The steamship company operating 2 line of vessels between Vera Cruz and Spain has entered into contract with the owners of nearly 100000 acres cr land. situated fin Southwestern Mexico, to colonize the tract with 5000 families which will be brought direct to Mexico from Spain.
 The land Is owned by F. Valensuela ana others of San Juan Bautista, Mexico. Julio Maza De Saturasteguy signed tho contract as the representative of the steamship company.
The Montgomery advertiser., 1904-02-24

execution, the recital of a consideration is not evidence as against them. and the onus is on the grantee to prove con" sideration of such as will support 1t.
 Reversed and remanded.
 Opinion by Haralson. J.
The Montgomery advertiser., 1904-02-24
FINANCIAL.

MONEY to lend a; from to 8 DOT cent "a.
 pending on location of property: large or srosI, Amounts: prompt service. Mon(Romerv Hh Stract O.. No. s. Perry St. 1t MONET. MONEY MoNEY-SeveraI c1ion,. wish to lend about $50O0O in sums rsn.ii'.a frem $500 to $500 each on city real estate: first mortgage security. Expense nominal rsT tensions free Fred S. Ball, First Natia1Si bahA biuS. su-wd-tf-l lZ
The Montgomery advertiser., 1904-02-24

AUSTIN EFT AL V. THE STATE. Indictment for Murder.-Appeal from the
 City Court of Montgomery.
 l. Trial and its incidents; when demand for severance comes too 1ate.-Under the rule of practice adopted June 21. 1889 Code, D. 121O. rule S2). persons jointly in- 'dicted for a capital offense are not enti-
The Montgomery advertiser., 1904-02-24

us. we ought not to care whether we are fiatfooted or not, for there Is ieas and less reascn for our walking anyway.
The Montgomery advertiser., 1904-02-24

In the Turin Library fire 400 valuable Greek manuscripts were destroyed and 1.2OO Latin. among the latter soSae bx PIiny and Cicero.
The Montgomery advertiser., 1904-02-24

LADIES. clean your kid gloves with the dry cleaner; 1t is not liquid: leaves no odor
 and can be used while the gloves are on the hand. For sale only by E. c. Fowler Drug Eist su-wd-fr- l 56t
The Montgomery advertiser., 1904-02-24
LOST.

LOST OR sToLEN-A gentleman's diaroon, cluster breast pin; has been missing about month. Liberal reward. Address C. P n
 Box A. Montgomery. Ala. st'
The Montgomery advertiser., 1904-02-24

BOILER CHAMPION FLouH.- Leading seller. Best in baking. sat-Wed.
The Montgomery advertiser., 1904-02-24
wAETED-MALE HELP.

wANTED-A representative in every locality in the South for an entirely new proposition at which an energetic gentleman or lady can earn S20.oo week without interfering with other occupation. For full particulars send stamped envelope to Southern Branch, Amster- dam Carbon Co, P. o. Box 45o. Montgomery. Ala.
The Montgomery advertiser., 1904-02-24

EARN $50 to SIoo monthly corresponding for newspapers; S5 a column for work in spare time; no canvassinS Send for particulars. Northern Press Syndicate, Room 259. Lock- port, N. Y. St
The Montgomery advertiser., 1904-02-24
MISCELLANEOUs.

CARD-Patients desiring admission to the wards of the Montgomery Infrmary may secure cards by telephoning Miss Laird, head nurse in charge. at phone No. 722. Montgomery In- firmary.
 MORPHINE opium, cocaine and laudanum habit permanently and painlessly cured at home. No detention from business. Action i'm mediate Leaves the patient in natural healthy condition without desire for drug. Write for circulars. pr. Long Company. 766 Empire
 wed-su-ls
The Montgomery advertiser., 1904-02-24

STENOGRAPHERS. clerks, book keepers, of- flee men, collectors solicitors. furnished on short notice We save you time and money. Alabama Employment Bureau. Is Moses build- ing. Phone l630.
The Montgomery advertiser., 1904-02-24
HELP WANG,ED,
WANTED-sALLsMEN.

AT once. Thirty bright, hustling map sales men. Magnificent new map from late sur vey. Special proposition. Must apply promptly. State age and experience. Hudg- ins Co, Atlanta, Ga. Cts
The Montgomery advertiser., 1904-02-24

WANTED-Men to learn barber trade. Few weeks completes Can earn expenses before finishing; SIP to SIS weekly paid graduates $ See chances we offer for spring positions
 Write to-day. Moler Barber College, New Or leans, La 6t-3
The Montgomery advertiser., 1904-02-24

WANTED-Six solicitors: salary or commis. sion Call at once 200 Dexter Ave. if WANTED-At once. a competent registered pharmacist to take charge of a small store; good salary for right party. References re- quired. Ortmann Bros, Mobile, Ala.
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1904-01-08
UNDER A SERIOUS CHARGE.
Pierce County Man jailed Pending an
Investigation.

Pierce County Man jailed Pending an
Investigation.
Blackshear, Ga, Jan. John Man
ming, a white man, who lives in this
county a few miles from Offerman,
is charged with the murder of his wife,
which is said TO have occurred some
weeks ago. The story is "a compli-
Gated one, and bids fair to become
more complicated still.
Mannings wife was a Miss Rogers,
of Wayne county. The pair did not
get on well, and there were frequent
QuarreIs. A few weeks ago trouble
was renewed, and in the midst of it
a brother of Mannings is said to
have arrived on the scene. His
brother called to him and told him to
go for a doctor, and a few minutes
later called to him that he need not
go, as his wife was dead
Next day the body was inferred.
but suspicious having been aroused be-
cause of the circumstances Of Mrs,
Manning's death. an inquest was or
dered, the verdict of the jury, it is
reported, being suicide.
Subsequently, Mrs Manning's peO-
pie, being dissatisfied had the body
eXhumed, and a further inquest was
held. The jury, after investigating
the case. returned a verdict charg-
ing murder upon the husband. 1t
is reported that her neck was brok-
en-.
Manning's people. so 1t is said. will
have the body re-eXhumed and exam
ined by experts in order to establish.
that Mrs. Manning did not die as
result of violence at the hands of he !
husband.
II is charged that she died as a re-
suit of a large dose OF strychnine.
taken with suicidal intent, and to es-
lablish that fact Nannings people
have had the stomach removed and
forwarded TO Chemist Payne for an.
alysis.
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1904-01-08
cOREAN PORTS.
Present Negotiations May Result In
Their Beino Opened.

InCH 6Siu9 OPChSA'
London, Jan. 6.-The COrean charge
daffaires. in an interview, said he has
good reason to believe that the NO
gotiations between COrea, the United
States, Great Britain, Japan and Rus
STA regarding Win and IO1gampno
will result in the opening OF those
ports at an early date. Russia, he
added, is still opposing the opening,
and a few Russian troops have Occu-
pied Yongampho. but he believed the
negotiations would terminate in a de-
cision favorable TO the views Of Corea
and the powers desiring the opening
of the ports.
Corea, the charge d'aTaires further
declared. wCa.l ne: cC-oc = LIs-
sia's proposal to establish a neutral
zone il northern Corea, as it would
prejudice the sovereignty and int g
rity OF Corea, which is guaranteed y
the ArgIo-Japanese treaty.
TelegraDhic advices received from
Seoul by the charge d'affaires as late
as two days ago. did not mention the
possibility OF Japan landing troops at
Masanpho.
Coraa's relation with Russia and Ia
pan were friendly aAi the charge
d'afaires did not believe war would
result from the present Negotiations.
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1904-01-08
CHICAGO THEATERS CLOSE.
Many Attractions Forced to Make
Other Arrangements.

Many Attractions Forced to MAKE
Other Arrangements.
Chicago, Jan. G.-ActiOn by the Chi
cago city council having made the
opening Of any theaters inside of two
weeks improbable, the managers OF
the attractions now here have begun
their arrangements for the placing OF
their companies elsewhere.
Henry ". Savage, of the Yankee
Consul organization, called the compa
ny and informed them that a week
Of rest would be taken here at full
salary The Studebaker Will remain
closed until it can be ascertained what
The revised ordinance will require.
The Ward and VOkes company at
the Great Northern will leave the city
today. The BostOnians, to have pre-
scented Robin Hood this week at Nc
Vickers, are devoting their enforced
leisure to rehearsing.
Mrs. Fi5ke, who was to have appear.
ed at the Grand. has not decided what
VIII be done during the fortnight she
was to have spent here. It is under.
stood that Mr.. Brady will send THE
Pit on the road next week.
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1904-01-08
URUGUAY REVOLUTION.
Government Adopting Measures to Re.
press Same.

New York, Jan. 6.-Preventative
measures are being adopted by the
government, says a Herald dispatch
from MOntevideo, Uruguay, to repress
the revolutionary movement just start.
ed by the so-caled Nationalist party.
The Ostensible cause of the move
ment is the presence of two regiments
of cavalry in the department of Riv.
era, which the government sent there
during the conflict between Uruguay
and the Brazilians along the boundary
line. The NatiOnalists. who have a
majority in the department, say there
is no necessity for the troops to re.
main longer, but the true cause seems
to be the decision Of the government
10 break down the influence of Sara.
via, a petty local chief, who enjoys
great popularity and influence in Riv.
era.
The movement up TO the present
has been without Importance, though
there have been several collisions.
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1904-01-08
CHICAGO WILL NOT DANCE.
Great Thester Horror Has Thrown
Oamper on Amusements.

Great Thester Horror Has Thrown
Oamper on Anusements.
Chicago. Jan. 6.-Because of the Iro-
quois theater disaster Chicago did not
dance last night. Scores of dances
set for the evening hUrriedly were
cancelled or postponed to a later date.
For the same reason that young per.
sons refrained from the waltz and
two-step last evening, Chicago may not
dance much for a week or more.
Sorrow and respect for the dead
may have detained some. but by far
the greater number avoided the wax.
ed floor because Building Inspector
Williams had decided with Mayor
Harrison not to shoulder any more
responsibility"
Close up and keep closed until YOU
have shown my inspectors that YOU
are complying with the ordinance with
" appliances" was the order sent out
respect 10 exits. stairs and other safe.
by the inspector TO the DrOprietors Of
800 public halls used for dances and
other general assemblies.
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1904-01-08

Chicago, Jan. 6.-To raise $4,000 to
enforce the laws and prosecute the
crusade against crime is the object
OF a committee just appointed by the
Chicago Citizens Anti-Crime commit.
tee. James H. Eckels, president of
the Commercial National bank, will
act as chairman Of the new commit.
tee on ways and means. The other
members are James L. HoughtaIing.
Ernest A. Hamill, Michael Cudahy.
Erskine NJ. Phelps. F. E. Coyne. Jas.
b. FOrman and Edward Z. Turner
Every member of the committee has
personally accepted the appointment.
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1904-01-08
WAR CLOUDS HANG
HEAVY over LAST
Russian Reply to Japan Not
.- Yet Received.
BEAR PREPARING FOR ACTION.
Eastern Situation Grows More Com
picated and II Seems That War Be
tween Japan and the Cars Coun
try Is inevitable.


Toxic, Jan. 6.-The Russian reply
to japan has not yet been received.
( / e.. S~gct.-G non E-2.tyCStCck thar
ne RUSSIAN squadron there is pre-.
arIng for action.
OFFICIAL dispatches sent from Toxic
10 Paris late yesterday evening say
the minister for foreign affairs had
not received the Russian reply up to
that time The officials here con.
Glued from this that VIcerOy Alexieft
IS awaiting an opportune moment to
present it. 80 direct word had yet
been received from st. Petersburg that
the reply haG been for yarded, but
the unofficial reports to the effect
that the answer has been made are
considered correct
Owing to the absence of details re.
garding the Russian reply the officials
here are careful not to express an
opinion "a TO the outcome, but the gen
aral zone OF comment IN official cir
cles Is slightly less hopeful
The most significant feature of the
dispatch from Toxic is the statement
that Japan is Fastening final prepare.
ton for far more extensive des.
patch Of troops To COrea than at first
contemplated The government has
now decided to send an army of 35,
900 men organized as TWO divisions,
10 COrea. This is more than double
the strength of the expedition first
contemplated, and requires a large
fleet of transports and extensive ar.
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1904-01-08
SPECIAL GRAND JURY.
May Be Called to Investigate Iroquois
Theater Horror.

May Be Called to Investigate Iroquois
Theater Horror.
Chicago, Jan. Ga special grand
Jury may be called TO investigate the
responsibility for the Iroquois fire hor-
Tor.
The proposition has been discussed
at a conference between State AttOr-
ney Dineen and Coroner Traeger and
the decision was that Assistant States
Attorney Barnes shall be detailed to
canvass the situation today when the
coroner takes up his plans for the in.
quest.
The coroner will inspect the ruins
Of the theater during the day, after
which the public prosecutor will be
given an outline Of the evidence to
be deduced at the inquest.
On the report of the assistant
states attorney will hang the deci
sion as 70 the sUmmOning of a special
grand jury. The regular grand jury
will be convened on Jan. IS. Its
docket already is heavy.
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1904-01-08
An Unusual case.

New York, Jan. "a case of an.
thrax. which is a malignant disease,
rare among human beings. although
common 70 cattle. has been discovered
at hospital here. The afflicted man
supposed he had a carbuncle on the
aide of his head. which was badly
swollen. An operation for the remov-
al OF the affected portion was quickly
performed, and it is believed the pa
tienJ Will recover.
Schooner Sunk IN Harbor.
New York, Jan. 5.-The schooner
Charles X. Buckley. from Charleston.
sunk today on Governors Island in
New York harbOr IL is supposed
she was cut through by the ice So
far as known, no lives we're lost
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1904-01-08
Canton Elects Officers

Canton. Ca, Jan. In the city cleo
ton here DR.. J. NJ. Bates was elected
mayor, with the following citizens as
councilmen: r. o. Fincher, W. A
Perry, Green B. Johnston, r. NJ. Run.
yam and z. P. Burtz. AT their meeting
last Saturday night J. A. Tharpe was
elected city marshal and Frank p.
Burtz clerk and treasurer. Before
retiring, the old council called an cleo
ton on the school question to be held
on Jan. 80.
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1904-01-08
FATAL EXPLOSION.

Fourteen Men Killed In NitrogIycerine
Works In England.
Penzance, England, Jan. 6.-Four
teen men were killed and several were
injured by an explosion today at the
nitroglycerine department at the Ma.
tiOnal Explosive Works, 8 miles from
here.
The whole district was enveloped in
a cloud of black smoke and nearly
every window at st. Ives. 8 miles
from the scene of the explosion, was
shattered by its terrific force.
Many windows were also smashed
at Penzance.
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1904-01-08
EXPLOSION CAUSED ALARM.
Excitement Among Local Members OF
the Housesmiths' Union.

Excitement Among Local Members OF
the HoUsesmiths' Union.
New York, Jan. "a mysterious ex.
plOsiOn has caused considerable ex.
element among the local members
of the HOusesmiths' union who are in
session in the Teutonia assembly room
at Third avenue and Fifteenth street
While the delegates we're busy dis
GUESSING union affairs, a terrific explO
sion in the basement shook the build
ing.
In the bar on the ground floor glass.
ware was destroyed and the patrons
fed TO the street. Investigation show.
ed that a Japanese bomb Of paper and
tin had been set of.
The damage was confined to the
glassware.
Members of an opposition union are
charged with the deed.
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1904-01-08
Ohio LEGISLATURE Meets

Columbus, o.. Jan. 6.-The Seven.
ty-slXth assembly convened at 10
o'clock today in biennial session. Al.
ter. the members Of the two branches
had selected their seats the governors
message was presented and occupied
the remaining time Of the session.
Economy in state expenditures is the
keynote Of the message.
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1904-01-08
COTTON MARKET
FURI0USLY ACTIVE
New Orleans market Thrown
Into an Uproar.
SHORTS ARE SENT TO COVER.
In Crescent City the Market Became
Most Excited Over Reading Of the
Census Bureaus Report of Cotton
Ginned to December /.

New Orleans, Jan. 6.-The cotton
market was furiously active through
out the morning The surprisingly
bullish Liverpool cables threw the
market into an uprOar and sent the
shorts to cover. The second sur
prise of the day came with the read
ing OF the census bureau, report on
the amount OF cotton ginned to Dec
%.
The most enthusiastic bulls did not
expect anything under 100000 bales
and the report of S,526.244 bales sent
prices up about half cent. At one
time prices were about so points
higher than the close of yesterday.
The bull leader was the most ag-
gressive of the longs and bought heav-
lily. His purchases yesterday were
enormous and il is estimated that the
advances of the last two days have
made the bull clique half a million
dollars
Late in the morning March was %
points higher than the close of yes
terday at 1898; May was 20 points
higher at15-25 and July was Sc points
higher at 1880
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1904-01-08
FORSYTH County rranedv-

Suwanee. Ga. Jan. 6.-At ole
Kings, near Big Greek postonice. in
Forsyth county, about miles from
this place. VIII Gravett was killed
by Frank Bagley, who was himself
cut 81 times, and it is thought his
wounds viii prove fatal. Gus and
Tom Bagley were also severely cut.
but viii probably recover. The cause
Of the row is reported TO have been
whisky and women.