davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1904-06-20

Is al Sed tc have been committed, did not go to distillery and get a bottle of whiskey. and If they did not then go to a church in the neighborhood with a pistol in the buggy.
 G. Evidence; examination as to character; proper question.--where the defendant in a prosecution commenced by complaint or affidavit, Is examined as a witness for the purpose of show ing the bad character of the prosecu- tor who had testified in the case, it Is permissible to ask such witness to state whether he knew the general character of the prosecutor in the neighborhood where he lived; such question being the regular and proper mode of examining into the character of the witness sought to be impeached.
 '. Same; same. Tn such a case, 1t Is improper to ask the defendant who was examined as a witness. to state whether or not he knew the general character of the prosecutor in the neighborhood where he lived. as a tur- bulent, violent and boisterous man.
 8. Evidence; witness can not be im- peached by proof of the indictment hav- ing been preferred against him.--It Is not competent for the purpose of im- peaching the witness. to introduce in evidence an indictment preferred against him at a previous term of the court. which was still pending.
 g. Charge of court to jury; when properly refused.-A charge requested by the defendant in criminal case. which gives undue prominence to cer- tam parts of the testimony in his be- half, is properly refused.
 Reversed and remanded.
 Opinion by Haralson. J.
The Montgomery advertiser., 1904-06-20
ROSS V. THE STATE.


 Prosecution for Carrying Concealed
 Weapons,-Appeal from the Coun-
 ty Court of Cullman.
 l. Carrying concealed weapons suf- ficiency of complaint.-A complaint which charges that the affiant ''has probable cause for believing and does believe that the offense of carrying a pistol concealed about his person has been committed by" the defendant within the last twelve months, against the peace and dignity of the State of Alabama" sufficiently charges the commission of carrying a concealed weapon, as prohibited by the statute.
 ?. Motion to quash complaint; when not presented for review.--Where- a motion to quash complaint or affida- wit on which the defendant was tried. Is not set out in the transcript, the rulings of the trial court upon said motion are not presented for review and will not be considered on appeal
 3. Objection to question and answer When an objection is made and sus- tained to & question propounded to a witness, but the record does not show what answer was expected nor that tn-
The Montgomery advertiser., 1904-06-20

ran to a handy mirror ever and anon
 to reassure herself. Her cheeks were aglow and there was a glad look of an 1 ticipation in her lovely eyes. Across the street. at the boarding house. the young lady who was having her voice trainsd, and the pretty wo- man whose husband travelled, and the stout old lady with the false front and conditions. peered stealthily from be- hind the parlor curtains. Tn the house next door the wife and daughter of the eminent lawyer watched with deep in terest from positions in which they would not be likely to be seen.
 In the home of the great doctor that gentleman's beautiful daughter said to the young lady caller:
 Come. let's sit here by the window. o'clock"
 The real estate mans dignihe1 wife put aside the paper she was preparing on The Work and Influence of Victor Hugo" and went to the front window. where she stood concealed from the outside world and looked anxiously down the street
 The little girls who had been playing In front of the bankers house went up on the porch. where they sat down in ooxes and spoke to one another in whispers.
 A solemn stiffness was over every thing Even the robins which had aS iplihS BaSly n lHe trees seem ca 10 nave discovered that sonnet hing wonderful was about to happen where Tore they were hushed.
 presently young man hurried up the shady street. He was obliVious of everything save a pretty little house. whose cunning towers and gables peep ca out through the trees not far away. lie increased his pace as he approached tne house, and at last, as he turned up the walk. one who was fair to see rushed down the steps to be clasped in his arms.
 In the boarding house across the street and in the homes of the eminent lawyer, the great doctor and the real estate man and on the bankers broad porch there were long drawn "ahs." af- Ter which the robins in the trees began 70 waroie again. the little girls ran out seo resumed tbelr romDtpg, the young
The Montgomery advertiser., 1904-06-20
THE THOUSAND ISLANDS.

There may be somewhere on the earth more delightful region than that of the Thousand Islands, but If there is, it has not been discovered It Is the Venice of America, but also has good hotels that can be kept warm If there shall happen to be a cold rainy even ing. It is as fine as the Bay of Naples
 with 2,0o0 picturesque Islands scattered along the twenty-five miles of one of the most beautiful rivers in the world
 You can find out a great deal regard ing 1t in No. 10 of the "Four-Track Sc ries," The Thousand Islands" Copy will be mailed free on receipt of a g. cent stamp by George H. Daniels, Gen eral Passenger Agent Grand Central Station. New York. ju 18,20,22 jy 10.
The Montgomery advertiser., 1904-06-20
NELSON V. FIRST NATIONAL BANK
 OF MONTGOMERY.
Action of Assumpsit.--Appeal from the
 Circuit Court of Montgomery.

Action of Assumpsit.--Appeal from the
 Circuit Court of Montgomery.
 i. Amendment of complaint; when doctrine of relation back applies - The doctrine of the relation back of an amendment to the commencement of a suit, is a fiction of the law and should never be applied where it will operate to cut off a substantial right or defense to new matter introduced by an amendment, though the same be con ,nccted with the original cause of ac- tfon.
 2. Amendment of complaint; when does not relate back to commencement of suit; statute of Hmitations.--If the matter introduced in a complaint by way of an amendment introduces a new claim or a new cause of action re- quiring a different character of evil dence for it's support and. affording a different defense from that to the cause as originally presented. such amend ment will not relate back to the com me mencement of the suit. so as to present the statute of limitations to the new matter thus introduced. although the matter introduced be such as might have been joined in a different action in the original complaint.
 3. Same; same; proper criterion. - To determine whether amendment as-
 
 back to the commencement of the suit so as to cut off the plea of the statute of limitations, the true criterion is. neither the matter pleaded by amend ment amounts to departure in after pleading as recognized at common law
 {. Action for money had and re- oeived; amendment by adding count for price of goods sold does not relate back to commencement of suit Where an original complaint seeks to recover for money had and received, a subsequent amendment of said complaint by the addition of a count seeking to recover similar amount as the price of goods or choses in action sold upon an ex- press contract of sale, is a departure, even though both counts relate to the me transaction; and such amendment will not relate back to the commence ment of the suit, so as to prevent the running of the statute of limitations to the date of the filnig of the amend ment.
 5. Same; amendment Of complaint by adding count to recover for goods sold and delivered.-Where an original complaint seeks to recover for money had and received a subsequent amend ment of said complaint by adding a count seeking to recover the same amount for goods, wares and mer- chandise sold and delivered. is a de- partupe even though both counts relate to the same transaction; and such amendment will not relate back to the commencement of a suit, so as to pre- vent the running of the statute of linn itations to the date of the filing of the amendment.
 Affirmed
The Montgomery advertiser., 1904-06-20
CLEVELAND COULD WIN.
Gen. FitShugh Lees Opini0n of the
 Presidential SituatsOu

Richmond Special to Baltimore Sun.
 After an extended trip, Gen Fitz- hugh Lee said today that he had met numbers of. men who were willing 10 wager thousands of dollars that if Cleveland was nominated by the Dem ocratic National Convention he would be elected President
 Continuing General Lee said: T do not believe that Cleveland wants inc nomination. believe Parker will be the nomination and Cleveland does net t Cleveland will be the next Presi-
The Montgomery advertiser., 1904-06-20
Adv-tf

On the 9th day of the coming August Rus sell Sage will be Ss years old. If he fol- lows his annual custom his birthday cell ebration win be in nowise distinguished from any ordinary work day as far as be is concerned The Wall street reporters usually drop in "to see how the old man is'' and he never tires of answering their inveptiable question: MT Sage what do you consider the chief factors in young mans success?" 'Frugality," he always answers; "frugality and industry. Work never hurts any man--worry and oveFeating and dis- Sipation do I work every day In the year except Sunday and I never needed a va. cation"
The Montgomery advertiser., 1904-06-20

lady with the voice went over to the niano and began singing "Bedelia" the wife of the traveling man and the oth CT boarding house ladies returned to their discussion of Mrs Hazen's di- yorce. and the stately one who was preparing a paper on The Work and influence of Victor Hugo again took up her pencil.
 The bridegroom, after being busy all day in the city. had come home.
The Montgomery advertiser., 1904-06-20
Head-Notes Qf the Decisions
 0 Alabama Supreme Court

of it's date. there is such failure to identify said written instrument as the one executed by the reputed maker, as to constitute a failure to prove the execution by him of said instrument: : and upon such proof alone, said instru- ment is not admissible in evidence.
 Reversed and remanded.
 Opinion by Mcclellan. c. J.
The Montgomery advertiser., 1904-06-20
Opinion by Dowdell. J.
BALLow V COLLINS EFT AL,

BALLOW V. COLLINS EFT AL.
 Action of Trover.-Appeal from the
 Circuit Court of Marengo.
 ]. Execution of written instrument; how proof of signing by maker made when he signs his mark Where the maker of a written instrument can not write his name. and the writing is ex- ecuted by his setting his mark against his name as written for him. in order to prove the execution of the instru- ment. it is necessary not only to prove that the maker made his mark against his name. as written. but also to prove the signing by the attesting witness. who must have written his name.
 2. Same; same when evidence in- sufficient.-Where the maker of a writ ten instrument who can not write his name. testifes to the fact that he exc cuted said paper by afiixing his mark against his name. which was written for him. but he identifies the instru- ment only by stating that the person to whom the instrument was given told him that 1t was the one he signed, and that he never gave but the one instru- ment to the said person during the year
The Montgomery advertiser., 1904-06-20
rverv Row Can Eorn a watch.

For the next sixty days we win send. shipping charges fully paid. beauti- full stem wind and stem set. New Hav- en Nickel Watch to any boy sending us two yearly orders for The Weekly Advertiser. together with S2.00. Address all communications
 Circulation Department
 Montgomery Advertiser.
 Montgomery. Ala
The Montgomery advertiser., 1904-06-20
sai.SO Chicago, m., aaa Return ss1-SO.

Tickets on sale June 1eth to 2Oth. in- elusive. good returning to leave Chi cago not later than June 29th. Tickets can be bought going direct route re- turning via St. Louis or vice versa, with stop-over at St. Louis not to ex- ceed June 29th.
 adv-tf W L. ReasIev p
The Montgomery advertiser., 1904-06-20
Her Hour.

S. F. Riser in Chicago Record Herald.
 A beautiful young woman stood at the window and looked anxiously out. She felt her back hair to be sure that 1t was not stringing down her neck She patted her bodice. and took many anxious little bitches at her skiTts and
The Montgomery advertiser., 1904-06-20
FLOATING SPOTS, DIM VISION

and weak eyes, cured by Murine Eyo Remedies. A home cure for eyes that need care. No smarting; soothes eye pain. An Eye Tonic. adv-tf.
The Montgomery advertiser., 1904-06-20
His Luck Turned.

Judge.
 choIly-Before had sat in the game ten minutes I had lost SIS; then my luck began 10 change
 Fred-Of course.
 Cholly-Yes. and in the next two hours I only lost s7.25. bah love"
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1904-04-18
Warning Order.

In the United States Court, in the
Indian Territory, Southern district:
Mary z Tucker, plaintiff, VS.. Geo
w. Tucker, defendant. No. 5214.
The defendant Geo. W. Tucker is
warned 70 appear in this court in
thirty days and answer the complaint
of plaintiff, Mary E. Tucker
Witness the Hon. Hosea Town end
judge of said court, and seal thereof
this 10th day Of February, 1904.
(SeaD c. NJ. CAMPBELL Clerk.
BY w S. CROCKETT Deputy.
Thos. Norman, attorney
5. II. Butler attorney for rOnresl
dent.
First published April /, 1924.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1904-04-18
Notice Of Sale.

BY virtue Of an order made by the
United States court for the Southern
district of the Indian Territory, |
will on Tuesday, April 49, 1904, be-
ween the hours of 8 o'clock a. IN. and
g O'Clock p. m, on the premises at
Tishomingo Indian Territory, sell to
tie highest bidder on a credit of three
months, the following described prop
erty, to-wit:
All that certain manufacturing es-
tabllshment known as the Tishomin.
go Oil and Cotton company, and sit
uated in the town of Tishomingo, !.
T., on the waters Of the Pennington
creek, and being all of block No. 1914,
and lots 8, 4, and 6, in block No.
l37. Also lots Nos 10, II, 70 and l3,
in block No. 1873, as shown by the
Wells survey and plat thereof of said
town OF Tishomingo, l. T., together
with all the rights and members and
appurtenances thereto in anywise be-
longing and appertaining Also all
the machinery, tools, improvements
and appliances whatever now situated
on said premises.
Also that certain ginning establish
ment known as the Round Bale Gin.
and now operated in connection with
said oil mill
Also that certain ginning establish
ment lately owned and operated by
the Tishomingo Oil and Cotton com
pany at the town Of Tshomingo, and
known as the Square Bale Gin, and To-
Gated on lots Nos. ] and 2, in block
No. 95, according to the government
survey Of Tishomingo, |. T.
All this property is new and cost
about siXty-fve thousand dollars. It
is well located, on the c. o. & G. rail
road, without competition on the east.
and thirty-hve miles on the west TO
the nearest mill, in a splendid cotton
growing country.
The successful bidder at said sale
will be required to deposit with me a
bond with good surety to be approved
by me for the purchase price as a
guarantee that said bidder will per.
form his bid upon due confirmation
of such sale by the court, and in ac-
cordance with the statute in such
case made and provided, and a ven.
doris lien will upon said proper.
ty retained for the further securing
of said bid, as by law required.
w. b. JOHNSON,
Commissioner.
First published March %, 1904.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1904-04-18

II YOU are a dyspeg.ic you owe II
10 yourself and fricnos to get well
Dyspepsia auuoys tnc dyspeptic S
friends because his disease sours his
disposition as well a, his stomach
Kodol Dyspepsia Cure Will not only
cure dyspepsia, indigestion and sour
stomach, but this paatable, recon
structiye tonic digestnLt strengthens
the whole digestive apparatus and
sweetens the life as well as the stom
ach. When YOU take NodOl Dyspepsia
Cure the food you ea' is enjoyed. II
Is digested, assimilatel and its nu
tricnt properties appropriated by the
blood and tissues. Health is the re
suit Sold by all druggists.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1904-04-18
Warninu Order.

In the United States District Court
in the Indian Territory, Southern Dis.
trict.
Mrs A. Dawson, plaintiff, vs.. II. A
K. Dawson, defendant. No. 5S47
The defendant H. A. r. Dawson, Is
warned to appear in this court in thir
ty days and answer the complaint OF
the plalntiff, Mrs. A. Dawson.
Witness, Honorable Hosea Town.
send, judge of said court and the sea-
thereof, this 24th day of March, 1904
(SeaD c, NJ. CAMPBELL, Clerk.
Dick & Lee, attorneys.
S, H. Butler, attorney for nonresi
dent
First published March "a, 1904.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1904-04-18
Warning Order.

Before r. W. Dick, mayor of the
city Of Ardmore, Indian Territory.
John /. Gait et al, plaintiffs, VS.
5. W. c. Davis, defendant
The defendant S. NJ. c. Davis Is
warned to appear in this court within
thirty days and answer the complaint
of plaintiffs John L. Gait ct Fl.
This first day of April, 1904.
(SeaD X. w. DICK,
Mayor of the City of Ardmore.
First published April !, 1904
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1904-04-18
WARMING ORDER.

In the United States District court
in the Indian Territory, Southern dis
trict:
Ada b, Blain, plaintiff, VS.. f. H..
Blain, defendant. No. 5S67.
The defendant F. II. Blain, is warn
ed TO appear in this cout- In thirty
days and answer the complaint Of the
plaintiff. Ada p. Blain.
Witness Hon. Hosea Townsend,
judge of said court and the seal there
Of this 18th day of April, 1904
c. VI. CAMPBELL, Clerk.
(SeaD BY w S. CROCKETT,
Deputy Clerk.
Brown X Marsh, attorneys for
plaintiff
w. d. Potter, attorney nonresident.
First published April II, 1904.
Foley's Honey and Tar.
Cures coughs and colds
Cures bronchitis and asthma.
Cures Group and whooping cough.
Cures hoarsness and bronchial troub'
les.
Cures pneumonia and lagrippe,
Subscribe for the Ardmoreito.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1904-04-18
A Dandy for Burns.

DIR Bergin, Pana, H. writes: u have
used Balards Snow lln,ment, always
recommend il 70 my friends, as | an
confident there is no better made. II
is a dandy for burns Those who live
on farms are especially liable 10 ma
nv accidental cuts, uurns, bruises
which heal rapidly Aleu Ballard Is
Snow Iiniment is applied II should
always be kept in the house for cases
OF emergency. 25c, SOC and 81 bottle
Sold by W. b. Frame,
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1904-04-18
couah Settled on Her Lungs.

"My daughter had a terrible cough
which settled on her lungs says y.
Jackson of Danyille, III. I'VE tried
great many remedies without re-
lief. until wa gave her Foley's Honey
and Tar. which cured her" Refuse
substitutes. Bonner Il Bonner.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1904-04-18
sure Cure TO- piles.

Itching piles produce moisture ana
cause itching, this form, as well as
blind, bleeding or prptruding piles
are cured by Dr. Bo.sal kos Pile Rem
cdy. stops itching AMI bleeding. Ah
serbs Wmors soc 5al at druggist.
or sent by mail Treltise free. Writ,
me about your case. Dr. Bosanko
Phla, Pa For sale b' w. b Frame
druggist
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1904-04-18
WARNING ORDER.

In the United States District court
in the Indian Territory, Southern dis
trict.
Sam Martin, plaintiff, VS.. Nora Mar
tin, defendant. No. 1868.
The defendant, Nora Martin, is
warned to appear in this court in thir'
ty days and answer the complaint OF
the plaintiff, Sam Martin.
Witness, Hon. Hosea Townsend
judge of said court and the seal there
of this 18TH day of April, 1904.
c. NJ. CAMPBELL Clerk,
(SeaD. By w, 5. CROCKETT
Deputy Clerk
Brown & Marsh, attorneys.
w d. Potter attorney nonresident
defendant
First published April -, 1904.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1904-04-18
A Severe Cold for Three Months.

The following letter from y. j.
Nusbaum Of Batesville, Ind, tells it's
own story: Il suffered for three
months with a severe cold. A druggist
prepared me some medicine and a
physician prescribed for me, yet did
not improve. | then tried Foley's
Honey and Tar and eight doses cured
me-" Refuse substitutes. Bonner &
Bonner.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1904-04-18
HEALTH is YOUTH.
pIsea.e and sickness erlna old Age

Disease and Sickness Bring old Age
Herbine. taken cyc,y morning be,
fore breakfast, will keep YOU in TO.
bust health. fit you TO ward off dis.
ease. II cures constipation, bilius-
ness. dyspepsia, fever skin, liver and
kidney complaints | purines the
blood and clears the .mpleXion. Mrs
d. w. Smith, whitney Texas, writes
April g. 1902; have used Herhn6
end find il the best medicine for con
'stipation and liver tr,' bles. 1t does
ail you claim for It, | can highly
reclmmcnu II. scots a bottle.
Sold boy w b. Frame.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1904-04-18

IaGrippe coughs yield quickly TO
the wonderful curative qualities of
Foloys Honey and Tar There Is moth
ling else Just as good Bonner 4
Bonner
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1904-04-18

The man with a new scalshin CAP
takes the open winter as a personal
affrOnt.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1904-04-18
Black PetticOatS

Spun Glass Petticoats with four
rufiled hounce, S1.25 values.
each......... Sl
Spun Glass Petticoats, wide y
inch tlounce Of pleats and rifle,
$50 values, each.............. Sl.25
Mercerized Petticoats With wide
rutllsd iouuce, extra val 81. SO
Black Mercerized Petticoats with
l2-inch flounce of ruilles and
pleats. special val. 80 and 81. so
Black TafIeta Silk Petticoats
with wide pleated tlounce, extra
values, Sc, = and SS
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1904-04-18
Dress Goods

We present here a few special
values in Novelty Dress Fabrics,
one assorted lot of Grecian
Noiles, Nariagated Noiles, En-.
broidered Lawns and Gauze Fab.
rics special val, per yd ...... 25C
Linen Novelties of Nile, Blue
and Tan Mixtures, 7jc values,
per Nd-................ ....................- soc
Plain Sirillieuue in shades OF
Tau aud Blue, regular soc goods,
per yard.......-............--....- 35C
Striped Bourrtte Novelties ID
shades OF Pink. Blue aud Castor.
regular 3jc goods, per I'd 25C
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1904-04-18

The surest preservative for the
summer months is a refrigerator from
Williams, Corhn & Co.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1904-04-18

Especially does the man who sells
goods on the installment plan love a
lover.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1904-04-18

We are in a position to do your stem
ographic work on short notice. slim
ARDMORE BUSINESS COLLEGE
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1904-04-18

Refrigerators to sell at Williams,
Corhn & COS.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1904-04-18
White Waists

Ladies White Figured Oxford
Waists. regular II - values,
eac q ........ ............. Dl
Ladies' fine White Figured Ok
ford Waists, nicely finished, So
values, each..-.......-..........-. s.. so
Beautiful White Sheer Linen
Waists In a variety of styles,
extra values, each -, - 80 So
Fine White Wash silk Wais's
at ........ ..-.............................. $3.50
Fine Embroidered Linen Waists
$3 30, $4............................. $3.50
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1904-04-18

Subscribe for the Ardmoreito.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1904-04-18

N NJ ~ 0IVIIVIs
First published March %, 1904.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1904-04-18

Dress Skirts
Ladies' Black Wolfe Dress Skirts
trimmed with band of same and
open Applique set in, snecial
values -..........................-......- SO. so
Ladies' fine Black Wolfe Dress
Skirts, beautifully made, very
stylish, a bargain, - and SO. 90
Ladies' fine Black Wolfe Dress
Skirts I'M variety of styles.
elaborately finished 50 to SIS
Special values in Ladies fine
Black Silk Dress skirts, - 90
to-. -............. ......... ............ S25