davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1904-07-13
PITTS V, THE STATE.

Indictment for murder. Appeal from
 the Circuit Court of Houston.
 1. Homicide; evidence as to what defendant said several minutes after killing inadmissible; no part of res gestae.-On a trial under an indict- ment for murder. where 1t Is shown that after the shooting of the deceaS- ed the defendant walked a quarter of mile to the home of a friend what the defendant stated to said friend on arriving at his house, Is not admissi- ble in evidence; such statement consti- tuting in no sense a part of the res gcstae of the difficulty.
 ?. Homicide; admissibility of threats made in previous difficulty.- While, on a trial under an indictment for murder, the facts and particulars of previous difficulty between the de- ceased and the defendant are not ad- missible in evidence. the fact that during the previous difficulty the de- fendant made threats against the de- ceased. Is admissible in evidence; Nich testimony having a tendency to show malice on the part of the defendant
 3. Homicide; testimony of non-ex- pert; admissibility as to condition of wound.-On trial under an indict- ment for murder. where it is shown that the defendant sho. the deceased in lle ltS anu mat Salu ICE WAS dHlpu- tated, a witness who was not a physi- elan or expert, but who assisted in dressing the wound after the amputa- ton of the leg, is competent to testi- fy to the appearance of the deceased's S leg just before he died and that 1t looked dark" an inch or so from where it had been amputated such testimony being merely as to a fact. and not to a conclusion resting in opin- ion. ~t
 1. Homicide; admissibilitv of evil dence.-On a trial under an indictment for murder. where, by reason of a gun shot wound inflicted on the deceased by the defendant, it was necessary to amputate the deceased's leg, and one of the physicians attending deceased testified that he could not say what produced his death, and that the day or two before his death the deceased was suffering n great deal from pains in his bowels, which oftentimes result ed from shocks or loss of blood. and from a weakened condition incident to a gun shot wound, it is not competent
The Montgomery advertiser., 1904-07-13

defendant knew of their purpose to marry and opposed 1t and opposed their associating together before she was divorced. and that he had been told that the deceased had. two days before the homicide. assaulted his daughter.
 C. Same; same.-In such a ,ase wherH 1t Is shown that the deceased, at the time he was killed was at the gate of the defendant in company with two other persons. 1t is permissible for one of the persons who was with the de- ceased at the time he was killed, tN testify that on the afternoon befoi C the homicide the defendant had told him that the deceased told the defend ant and his daughter that the witness $ cousin. who was a sister of the other person present at the time of the kill ing, had gone to the deceased's room late at night, and, embracing him. beg ged him not to marry the defendants daughter: such evidence having a ten dency to account for the presence of the two persons with the deceased at the time of the killing.
 z. Same: evidence as to good charac- ter of deceased.-On a trial under an indictment for murder, where the char, acter of the deceased had not been in- Quired into. and no attack had been made thereon by the defendant 1t is not permisslole TOT tHe oeate to lhtro- duce evidence to prove deccased'3 5 character; and this Is true, although there had be.n introduced evidence that the deceased had criminally as saulted the daughter of the defendant and had threatened to take the defend- ants life.
 8. Homicide; admissibility of evil dence.-On a trial under an indictment for murder. the fact that the deceased had told the witness on the day the killing occurred that he did not feel well, Is impertinent and inadmisstble in evidence.
 Reversed and remanded.
 Opinion by Mcclellan, .. J.
The Montgomery advertiser., 1904-07-13
Five Reservoirs Water Country.

The vital importance of the irriga- tion ditch Is seen in every deed of property drawn up for reclaimed Vest ern land. At Fort Amity each colon ist Is entitled to certain water rights, so that he can flood his land for each crop, at the cost of twenty cents year for each acre. The entire Ar kansas Valley, at the eastern end of which Fort Amity is situated. is sup piled by a vast irrigation system. which Is the largest in the United States, consisting of five great reser- voirs. with a capacity of 14.5Oo,o00,O00 cubic feet. and seven canals, which all told arc 3l5 miles long. This supply Is sufficient to irrigate 150.000 acres. Ths entire valley is made accessible to the markets of the east by means of the Santa Fe railroad, which also runs through the irrigated districts of Western Kansas. Oklahoma. Texas, New Mexico. Arizona and California.
 The Salvationists say that the Unit ed States is far behind Great Britain in retaining waste lands by govern ment aid. and for proof they point to India and Egypt. In India the ditch" has turned 25.000000 acres of desert into harvest fields, and in Egypt S. 900, ,000 and in each the acreage re- claimed is being rapidly enlarged each year. They do not quote Mexico, how ever. as a model. In Mexico the peon still hoists up water out of a well or stream by means of a crude chain or bucket which he makes revolve with his feet.
 The Ohio colony. which Is called Fort Herrick, comprises 2SS acres and numbers q population of ninety souls. In California, Fort Romie consists of 800 acres with about fifty settlers Neither has been developed to the cx- tent of Fort Amity, for they have been founded much more recently. Never theless. the Ohio settlement has be- come self-supporting. and its colon- ists have paid off $S.000 of the money advanced them. This colony is only twenty-siN miles from Cleveland, and was named after Gov. Herrick, who, with James Parmalee, furnished the land, The Californian community is in the Salinas valley, near Monterey, and is still in the experimental stage. It has about fifty settlers.
 When a man applies at the Salvation Army barracks in Fourteenth street to become q colonists he generally gives poverty as his chief reason Such a plea, however, counts for little Cn- less the man Is found able bodied and willing to work, willing to rough 1t for the first few years. he is not want ed He must also have a wife who desires to go.
The Montgomery advertiser., 1904-07-13
WILL ACCEPT PROPOSITION.
Creditors of Bankrupt Firm Agree to n
 Settlement.

Huntsville, July 12.-(SpeciaI)- Creditors of the bankrupt firm of But Ter, Coles X Co.,, general merchandise dealers. have decided to accept the sum of $5,S00 rendered in full settle ment of their claims that are variously estimated from $1s.000 to 5000 The amount rendered embraces all of the assets of the firm.
 Mrs. Joseph Priest, aged 26 years. diei yesterday after a short illness Her husband. who survives, Is foreman for the Huntsville Hoop and Heading Com pany.
 The trustees of the Robert Donnell High School at Gurley have elected the following teachers J. E. Condor, prin- cipal; C. E. Ensley. Miss Lillie Blair, Miss Hattie Ezell.
 Tho County Commissioners are revis- ing the tax assessment books of Mad- son County and for the next two weeks will hear and consider objections made to the raises in assessment Thera have been four hundred raises by the Tax Commissioner
The Montgomery advertiser., 1904-07-13
KENNEDY V. THE STATE.

lndlctment Tor Murder.-Appeal from
 the Circuit Court of Jackson.
 l. Homicide: charge as to imminent peril.-On a trial under an indictment for murder. where 1t Is shown that thedeceased was killed by the defend ant at the gate leading into the de- fendants yard, and there was evidence tending to show that the defendant ap- peared to be in imminent peril. and that he believed that he was about to be shot by the deceased. a charge Is free from error and should be given by the defendant. which instructs thae jury that If the defendant shot under the bona fide belief that his life was in danger and he had under all the cir cumstances reasonable cause to be- lieve he was in imminent danger at the moment the shot was fired 1t would be immaterial whether there was such &C., tual danger or not"
 2. Same; charge as to threats and demonstrations by deceased-On a trial under an indictment for murder, where the deceased was killed at night fall at gate leading into the defend- ants yard, and there was evidence tending to show that the deceased had threatened to take the defendants life a charge Is erroneous and properly re- fused which instruCts the jury that Going to defendants house after night and calling defendant to his gate by a third person. following threats and conduct indicating a purpose to take defendants life. was itself, if true, a demonstration against defendant which the jury may consider in con .. nection with all the evidence as to whether the shooting was in self-de- fense"
 3. Homicide; charge as to presump- tion of malice from use of deadly weapon.-In the trial of a case undo r an indictment for murder. where is lt shown that the deceased was killed by' being shot with a pistol, charges are erroneous and properly refused which instruct the jury that where the facts and circumstances of the killing are in evidence. presumption of malice should not be drawn from the use of deadly weapon alone" but should be determined from all the evidence.
 f. Charges as to reasonable doubt In the trial of q criminal case. a charge is erroneous and properly refused that instructs the jury that If they have a reascnahl" douht growing out of any part of tho evidence as +p whether the killing was done in solf-defensc, theT should find the defendant not guilty"
 |. Homicide; admissibility of evil denCe.-On a tri0l under an indictment for murder, where it Is shown that the deceased WIS in love with the daugh- ter of the defendant who was at that time married. and that the defendant had forbidden the deceased to see his daughter. 1t is permissible to introduce testimony to the facts that the de- ceased and the defendants daughter were engaged to he married. that tho deceased had had carnal knowledge of her and wanted her to run away with him and be married before she obtained divorce from her husband, that the
The Montgomery advertiser., 1904-07-13
HudSOn-.JOnea.

Florence, July 12.-(Special)-Th marriage of Clyde Hudson and Miss Maud Jones of Memphis occurred Sun day. July 3. at the parsonage of the First Methodist Church in that city. but owing to the fact that the young lady helG a position in the Memphis postoftce and could not procure her re- lease at once, was kept secret. The bride is a daughter of J. H. Jones. su- perintendent of the Florence Pump Factory. Mir. Hudson Is engaged in the lumber business with his father. and had been left in charge of the business while the latter Is away on an extend ed bridal tour to the Pacific coast. Mrs Hudson will join her husbad here as soon as she is free to leave the post office.
The Montgomery advertiser., 1904-07-13
ROSS " deCAMPI.

Bill in Equity to Enjoin the Enforce
 ment of a Judgment-Appeal from
 the Chancery Court of Montgomery.
 i. Surety; when relation not shown tg exist as to creditor.-Where, in the execution of a contract of lease, q party claiming to have acted as sure fv for the lessee signed both the con tract and the note. and there was not in either of said instruments anything to indicate that the parties thereto did not derive equal rights under the lease, or that they were each not bound as parties for the payment of the rental ns,tes. and it Is shown that in leasing said premises the lessor dealt with the party claiming to have been surety, as a lessee, as between such party and the lessor. he is not surety but a principal, notwithstanding he may have occupied the relation of surety as to the other party to the contract.
 Affirmed.
 Opinion by Sharpe. J.
The Montgomery advertiser., 1904-07-13
by Sharpe. J.
LOVE EFT AL. V. CoKER.

Bill in Equity to compel determination
 of claim to land and to quiet title Appeal from the City Court of An
 niston.
 1. Statutory bill to quiet title; not necessary to specify source of com claimants title.-In order to maintain d bill under the statute for the deter imitation of claims to land and to quiet title. (Code Section SO9- -S13), it Is not necessary that the complainant should specify the source of his title; the aver ment that the complainant Ifs the owner and in peaceable possession of the lands described in the bill being a sufficient allegation as to his possess sion.
 Affirmed.
 Opinion by Sharpe J.
The Montgomery advertiser., 1904-07-13
HeAd-Notes Of the Decisions
 Qf Alabama Supreme Court

lie road; when complainant shown to suffer special damages different from
 the general r blic.--In q bill filed to enjoin the obs ruction of public road the aVerment that said road is the only outlet from complainant's home and farm towards the county seat, his church, his mill and school house, and that unless the road Is kept open as a public highway the complainant will be entirely cut off from the outlet from his farm towards his county seat. mill church and school, and that he will be
 greatly inconvenienced and that his farm will be damaged in that it will be greatly decreased in value on ac- count of being cut off from the outlet is sufficient as an averment of special |or peculiar injury to the complainant, different from the injury suffered by the general public.
 Reversed and rendered.
 Opinion by Tyson, J.
The Montgomery advertiser., 1904-07-13
JONES. ct al, V. BRIGHT Bill in Equity to Enjoin Obstruction ot
Opinion by Sharpe, J.

Public Road.-Appeal from the
 Chancery Court of Cullman.
 1. Public road; what necessary to establish highway by proscription.-In order to establish a highway by pre- scription. 1t must be shown that the use of such road by the public for a period of twenty years or more has been adverse to the owner under claim of right. and not by the owners per mission. The mere use of 'and for the purpose of a road carries with it no presumption of adverse claim. or claim of right to use 1t.
 ?. Bill to enjoin obstruction of pub iic road; when ayerment as to public highway iEsufficient.-In a bill filed to enjoin the obstruction of a public road. the averment that said road "is # pub Tic highway and that it has been used by the public a> a highway for u pc rfod of twenty years. and that the public has had the quiet and Uninterrupted use of said road as q highway for said period of time and that said road has been continuously re rognized as a public highway for such time is insufficient to show that said road was, as a matter of fact. a public highway; the presumption being thdt It's use was permissive.
 a Bill to enjoin obstruction of pub
The Montgomery advertiser., 1904-07-13
ESTES V. THE STATE.

Indictment for Selling Vinous, Spirit
 uous, or Malt Liquors Contrary to
 Law.-Appeal from the Circuit
 Court of Jackson
 1. Evidence: admisslbility of writ ing to impeach witness.-In the trial of criminal case, where a note pur- porting to have been written by the defendant and which the evidence tends to show was written by a witness for the defendant. who had testified in conflict with the States witness as to the defendants guilt and further that he will not write the note, is ad- rnissible in evidence as tending to show interest on the part of said witness and as tending to discredit him as witness.
 Affirmed.
 Opinion by Haralson, J.
The Montgomery advertiser., 1904-07-13
A FACT PROVEN.
Should Convince Even the Most Skep-
 ticnl of It's Truth.


 ticnl of It's Truth.
 If there is the slightest doubt in tho minds of any that Dandruff germs do not exist. their belief Is compelled by the fact that rabbit innoculated with the germs became bald in six weeks time
 It must be apparent to any person. therefore, that the only prevention of badness is the destruction of the germ which act Is successfully accomplish ed in one hundred per cent of cases by the application of Newbro's Herpicidc Dandruff Is caused by the same germ which causes badness and can be prevented with the same remedy-New- bros Hcrpicide,
 Accept no substitute. Destroy the cause you remove the effect"
 Sold by leading druggists. Send 10c in stamps for sample to The Herpicide Co, Detroit. Mich. E. G. Fowler, spe- cial Agenu wed.
The Montgomery advertiser., 1904-07-13
Excursion Rates to Eastern Cities Win
 SnYnnnnh and Sfeamahin.

-le Central Of Georgia Railway and its connections will sell excursion tick cts to Eastern Cities and return via Savannah and ocean Steamship Com- pany or Merchants x Miners Transpor- tation Company at greatly reduced rates. Tickets include meals and berth aboard ship For further infor- nation apply to nearest Ticket Agent or F. B. White, Commercial Agent,
 -nnrh. fir
The Montgomery advertiser., 1904-07-13
Some of Rockefeller's Luck.
Boston Herald.

Probably one reason why Mir. Rockc- feller Is glad that he is a loyal Amer ican instead of q subject of King Ed ward is because if he lived in England his income tax assessment annually, it Is said, would keep five of his ma testy's first-class battleships in com mission. It costs a sorry lot to be a multi-millionaire in some countries.
The Montgomery advertiser., 1904-07-13
ITS \ SHAME.

ITS A SHAME. To sell such Mems Shoes as "NettIe- tons" and "Just WrfEhts, at n discount price Hut we are doing 1t, so now Is your chance If you like fine Shoes.
 BULLOCK & FLEMING.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-11-15

ton was organized, the main object Of
which Is 10 secure a reduction Of rates
charged by the Bell Telephone cons
pany Lester Freed preceded and Rob-
ert March was secretary A commit
tee Of 30 was decided on to canvass
the business and professional men and
persuade them to become members Of
the association the following members
were appointed to the committee last
evening.
n. s. Joseph. chairman. a. Hudson,
E n. Rich, ] 70 Frankcn, Samuel
Weitz, Jacob Morltz. c. n. streyell. C.,
j. Crabtree, O. i, StrIckley Eber w,
Hall, Maurice j, Friedman, \. y.
erts. A. H. Kelly 3. r. Redman N b,
Campbell Dr. s. G.. Baldwin and Steven
u. Love
Several sub committees were also ap.
pointed to secure Information as TO
rates charged On other cities. and TO
confer with the management Of the
Telephone company and TO report next
Friday evening II was agreed last
evening. that patronlzlng two telephone
companies was too burdonsome, and Il
was urged that the company be pat
ronIzed that win give the lowest rates
with the best service General Manager
Murray OF the BELL company was pres
ent at this meeting and offered The
committee access 10 the company )
books IN order 10 get information and
Managing Director Jones Of the lnde-
ptudent company said that "The busi-
ness rate established hy our company
Is as low as could be made by any
company providing the nrst-cass SER
vice that we are giving
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-11-15
SITE CHOSEN
FOR INF|RMARY.

The county commissioners Of SAT-
Lake county have closed q deal Tor the
purchase OF q new site for the county
mGrmary and It rests with the new
board OF commissioner, which comes
into existence on the FIRST Of the year,
10 construct ON that cite modern and
up-to-date luiidlng for the inmates OF
the institution. The ground purchased
~ located IN East MIL Creek. about six
ana "A half miles southeast OF the city
and IL certainly an IDEAL place for tho
Institution The consideration paid
was Ni3OO.
The site contains so acres Of land to.
gether with good water rights IN Mill
Creek stream and WIS purchased from
John Acomb Jr In addition to the oO
acres, the commissioners have pur-
chased rs acres half mile east Of the
main plot. which contains the Solder
land springs and a site for reservoir.
Tho springs are about 100 feet higher
than the other ground, and hence there
is plenty Of pressure TO convey the Wt'
ter TO the buildings
AZ present the street cars do not run
near the location, but II Is probable that
before the end Of the year a line will
be run within a few hundred yards Of
the site. As for q healthful location
the ground purchased could not be bet
ter as II Is far removed from the smelt-
crs and win not be bothered with the
smoke. and the elevation is sufficient
Tor good drainage for sewage and for
general health,
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-11-15
LATE LOCALS.

Six miles Of track between Tucker
station aud Thistle Junction are being
heavily bollnsted.
one case Of smallpox was reported
to the board OF health today that OF
the S-year.old son Of j. r. Hansen,
residing at 2l3 east First South street.
\ prominent local grain and flour
dealer expects that at tomorrow at
ttrnoon's meeting OF the Produce Ex-
change, the price OF hours will be adj
vanCed 10 cents per 100, on account OF
the continued stiff price Of wheat
The Memorial day committee Of the
Llks met last evening, and drafted
"a program for that occasion. The best
musical talent In the city viii be Sc
cured, and the day made memorable
one IN the annals Of the local lodge,
Clerk Judd Of the city board OF edu-
cation has notified the registrars In
the various election districts N the
city TO furnish him with copies of their
registration lists for use IN the coming
school election to be held on Dec, T.
supt. Christensen reports that the
attendance nj the Lowell school picked
up wonderfully this week with the re-
suit that 1t was yesterday fully so per
cent OF the regular enrolment. The
building has been thoroughly fumigat-
ed and those attending school vaccine
attd since the outbreak Of smallpox
which necessitoted the recent closing
Of the building
Funeral services In honor Of the late
Morris Sommer Will be held at the
family residence, 1853 @ street, tomor-
row at 1880 o'clock. The funeral SER
vices Will be I'm charge OF the frater-
nal orders TO which Mr.. Sommer be-
longed. Mount Morris Lodge No. 2
Of the Scottish Rite Masons will meet
az Masonic hall at I o'clock and at
tend the funeral In a body. lnterment
viii take place IN the Hebrew ceme'
terry
John Kilpack OF Murray was thrown
from his rig. by his horse running
away on Main street yesterday after
noon, and colliding with a pole. For
tunatcly Kilpack was unhurt, and his
horse Kicking loose from the har-
ness, continued on his wild career, UNI
an he was about to plunge down the
area in front Of the Utah Commercial
and Savings bank, where he was
caught and secured The RIG is very
much IN the past tense.
There was well attended musical
lecture last evening, IN Unity hall,
where Arthur Shepherd gave a very
entertaining and instructive series OF
talks on Greig the Norwegian COM
poser illustrating the same by playing
notable selections from the composers
works. lie was assisted By Willard
Welhe on the violin. and the evening
was very prodtably spent Mr. Shep-
herd Is an interesting speaker, and
his lecture brought ont more than ever
his musical scholarship.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-11-15
BUSINESS NOTES.

Todays local bank clearlngs amount
ed TO 1921. 1876 s. as against s77Ii726S for
the same cay last year
The directors Of the Deseret National
bank met this morning, and declared
q speclal dividend Of per cent on the
capital stock, which VIII amount to $685.
0OO payable Immediately.
The Butchers and Grocers held regu-
lar meeting last evening, when II was
expected that some action would be
taken ON telephone rates, but nothing
was done,
Yesterday the Greenewald Furniture
company entertained their friends at
their autumn opening, All day long
the store was crowded by admirers Of
their very fine display The store is
filled with a well selected sock and
some very choice pieces Of furniture
were shown,