davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1904-07-22
ELMoRE V. THE STATE.

Indictment for Presenting a Gun at
 Another.-Appea1 from the City
 Court of Montgomery.
 l. Indictment for presenting a gun at another; sufficiency thereof-An indictment which charges that the de- fendent did ,fnlawfully present" a gun, pistol or other firearm. sufficient ly charges the offense described in the statute, Code, Sec. 4342), and is not subject to demurrer upon the ground that the words "other firearm," used in the indictment. are too indefinite and uncertain.
 2. Wife incompetent as witness when husband Is defendant.-The wife of a and this is true, though at the time of the commission of the offense she was not the defendants wife, having mar ried him subsequent to the alleged of- fense, but before the trial.
 3. Presenting f1rearm at another; abusive words no extenuation or justi- fication.-It is no extenuation or justi- fication for the statutory offense of presenting a firearm at another, that the person at whom the firearm was presented. used abusive or insulting language to the defendant; the statute allowing the use of such language in extenuation or Justification being linn ited in its application to trials for as- saults, assaults and batteries and af- frays. Code. Sec. 4342).
 Affirmed.
 Opinion by Tyson, J.
The Montgomery advertiser., 1904-07-22
BROWN V. MAYOR AND ALDERMEN | 0r BIRMINGHAM

BROWN V. MAYOR AND ALDERMEN
 OF BIRMINGHAM. Bill in Equity to Restrain Enforcement
 of Municipal Ordinance.-AppeaI
 from the Chancery Court of Jef-
 ferson.
 1. Equity Jurisdiction; can not enjoin enforcement of quasi criminal prose- cution.-The jurisdiction of courts of equity and purely and exclusively civn. and, therefore, such courts are without power to enjoin the commission of threatened prosecutions for the com mission of alleged crimes.
 9. Same: same; municipal ordinance A court of equity is without jurisdic- tion to enjoin the enforcement by quasi criminal prosecution of a muni cipal ordinance. as well as prosecu- tion for the violation of State laws; and this is true. although the ordinance or statute for an alleged violation of which the prosecution Is threatened. Is absolutely void.
 3. Same: same; same.-The averment in a bill seeking to enjoin the enforce ment of a penal municipal ordinance. that the threatened prosecution, if all lowed to proceed. would infiict irrep- arable damage upon complaint, Is not sufficient to give equity to the bill.
 4. Same; same; same.-In such a case, the averment that there would be repeated and numerous prosecutions under the penal ordinance. which would result in a multiplicity of actions. is not sufficient to inject equity into such a bill.
 5. Same: same; same.-In such q case, the fact that the complainant is a nonresident of the State. does not give equity to the bill and entitle him to the relief prayer for.
 Affirmed.
 Opinion by Mcclellan, J.
The Montgomery advertiser., 1904-07-22

,roptins the street and descended tbrnngh the door opening from front gallery into the main hall tearing off and shattering much of the ceiling on inc front of the building. MT, Greory of Opelika. brother-in-law of MT. Dorman. who was present on visit, was struck by some timbers and was considerably bruised on the face. A little child of his was slightly hurt on the head.
 A brother of the deceased was near and was shocked. little son or Dr. Thomson, was in the house at thc time and received some slight injuries.
 Mir. Dorman was a man of very. fine
The Montgomery advertiser., 1904-07-22
Head-Notes f the Decisions
 Of Alabama Supreme Court

nesses came up to where he was pur- chasing the alcohol from the defend- ant just as 1t was completed, and they discussed buying whiskey from the de- fendant. On cross-examination of this witness, it was shown that he and the other two named persons were wit nesses against the defendant In this cause before the Grand Jury. There upon the defendant asked said witness if he was not convicted for selling i- quor without a license in the United States Court, and the defendant in the present case was the witness who tes- tifed against him, and that while that case was pending against him, if he and the other two persons named by him as being present at the time he purchased the alcohol from the defend- ant did not go before the Grand Jury and procure this indictment against the defendant. Held: That 1t was not error for the court to refuse to allow such question to be answered. since it assumed, in the absence of any evil dence of the fact. that the prosecu- tion in the Federal Court was against the other named persons jointly with said witness.
 2. Trial and its incidents; right to recall witness.-It Is within the courts discretion to deny the defendant in a criminal case the right to recall a wit ness introduced by the State, for the purpose of laying a predicate for his impeachment; and such ruling Is not reviewable.
 3. Indictment for retailing liquor; admissibility of evidence.-On a trial under an indictment for retailing spir- ituous liquor without a license, 1t is permissible for the defendant to prove by the witness that he went with the defendant to the place where the sale is alleged to have been made, and that the defendant did not carry any whis- key or spirituous liquors with him to said place; and 1t is error for the court to exclude such proposed testimony.
 Reversed and remanded.
 Opinion by Mcclellan, c. J.
The Montgomery advertiser., 1904-07-22
yANN V THE STATE

Indictment for selling spirituous, vin-
 ous or malt liquors without license.
 Appeal from the Circuit Court of
 Dale.
 l. Indictment for retailing liquors without license; admissibility of evil dence.-On a trial under an indictment for retailing spirituous liquors with out a license, a witness for the State testified that he bought pint of all cohol from the defendant at a certain place, and that two other named wit
The Montgomery advertiser., 1904-07-22
CURBOW- W-CLAPP MARBLE CO.,, 2os-2Il Dexter Ave. Montgomery. Ala
 Phone l4s.
 Mention Advertiser when writing.
His Worst Fault.

HIN WOrst Fault. Cleveland Plain Dealer.
 You can say what you please about the weather man, but he strikes 1t right sometimes"
 That's the worst of it.'
 What do you meanT
 Why if he was always wrong. every body would know that when he predict ed foul weather it would be fair and vice versa. But, as 1t is, he's right and wrong by turns, so we never know what to expect"
The Montgomery advertiser., 1904-07-22
Excursion Rates to Eastern tiTfes Via
 SnYnnnnh and Steamahlpa.

le Central of Georgia Railway and It's connections will sell excursion tick cts to Eastern Cities and return via savannah and ocean Steamship Com many or Merchants & Miners Transpor- tation Co-1nany at greatly reduced rates. Tickets include meals and berth aboard ship. For further infor- nation apply to nearest Ticket Agept or F. B. White. Commercial Agent,
 su-wd-fr
The Montgomery advertiser., 1904-07-22

him. On awakening in the morning. he found that Riser had left with his watch and some clothing. He imme- diately started in pursuit and traced the alleged thief to the Lower We tumpka Road After proceeding several miles, he interested w. L. Young, a white man in the case. MT. Young had seen the fugitive and with his assistance, captured Riser while he was disposing the property to the negro woman.
 MT. Young appeared in court and confirmed the negro's statement.
The Montgomery advertiser., 1904-07-22
EXCURSION TO PENSACOLA, July 2Sth.
 

Special train via l.. and N. R. R. will leave Union Station at 200 m. arriv- ing Pensacola 500 p. m. Returning. train will leave Pensacola 10:O0 p. m., July 29th Low rates from all local stations to and including Flomaton, Ala. For full information, call on ticket agents. w. l.. Beasley, r. A.
 adN-if-
The Montgomery advertiser., 1904-07-22
pauoma on Gold Basis.

Washington. July 21.-The Panama canal commission today received off, ciaI notification that the government of Panama of the ratification of the monetary system of the new govern ment in accordance with the agreement reached by the joint commission. Pan anna Is now a gold standard country.
The Montgomery advertiser., 1904-07-22
SMITH EFT AL. V. THE STA,

SMITH EFT AL V. THE STATE. Indictment for burglary. Appeal from
 the City Court of Montgomery.
 1. Indictment for burglary; suffi- ciency of averment as to house alleged to have been burglarized.-Wher a building burglarized Is shown to have been a permanent and substantial structure, and not a temporary etruc- ture erected for a special purpose. 1t Is necessary that the indictment charg- ing burglary should allege. or that tho evidence should show. that such build ing was specially constructed or made to keep" the things of value alleged in the complaint to have been stored or kept in said building.
 9 Burglary; general affirmative charge.-On trial under an indict- ment for burglary, where the evidence tended to show every element of the crime charged, the general affirmative charge requested by the defendant is properly refused.
 Affirmed.
 Opinion by Tyson, J.
The Montgomery advertiser., 1904-07-22
Negro still at Large.

The police and Sheriff are making ev- cry effort to capture Will Irwin. d ne- gro wanted for the alleced murder of Sonny Green. another of his race. IT, win has been reported in numerous places, and the officers have gone on many wild goose chase, but they N"t hope to encompass his capture. The negroes on the outskirts of the city L:c terrorized by the reports that come of Irwins doings and will not give lu- thentic information as to his where . aboutS.
The Montgomery advertiser., 1904-07-22
Pontmnsters Named.

Washington. July 2l.-(Special.)- Postmasters appointed; Brick. Colbert county, Reuben c. Reed; Cobbville, Clarke county, Carrie c. Hall; Elk River Mills, Limestone county, James B. Coleman; Gordon, Houston county, Mrs. Kate IA1ab
The Montgomery advertiser., 1904-07-22

At PerryviIIe. In Perry CounIy' not far across the Dallas line. today was given a big barbecue. The occasion was the initiation into the Masonic Lodge of that community of some eight or ten candidates and number of those high in Masonry went from Sel- ma to take part in the exercises. Among these were l.. Benish. Theo. Lacy, w II. Trimby and l.. Erlenbach.
The Montgomery advertiser., 1904-07-22
Rumor of New Newspaper.

There are rumOrs aIoat, Whlch nave not been confirmed. of the establish- ment of a new newspaper In Selma. The report can not be traced to any certain source but the statement Is that plenty of capital, brains and en- ergy are to be in the venture.
The Montgomery advertiser., 1904-07-22
Frishtened by a Tramp.

Yesterday afternoon Mrs. OConnor, daughter of J. N Hasselvander, went into the kitchen at the home of the latter and found q tramp helping him self to some of the cooking dinner Her screms frightened the intruder off and police headquarters were communicat- ed with. Policemen Mcseley and Blan- ton responded and tracked the fellow in the direction of the race track, but nothing further was seen Of him. He was white man and wore a linen coat.
The Montgomery advertiser., 1904-07-22
STOLE FROM A NEGRO.
Young White Man Fined $50 by Re-
 cOrdeF,

Arnold Riser, a young white man was, yesterday afternoon at the Re corder's court. fined $50 and costs by Recorder Arlington for larceny of a watch and. clothing from Sam Turner a negro of Vesuvius
 Turner, who was the principal wit ness for the city. testified that Riser asked for nights shelter in his house Wednesday niEht which was granted
The Montgomery advertiser., 1904-07-22
ALABAMA NORMAL COLLEGE. Living
ATLANTA, GA.

ston, Ala. Normal, Literary, Industrial Music and Art Departments. Graduates ad- mitted to University without examination. Loans made to a few worthy pupils in linn tied circumstances. Terms low. Tuition free in Normal Department. The young ladies are boarded in the College Home under the care of the President. Address Miss Julia S. Tutwiler. President.
 su-wed-frt
The Montgomery advertiser., 1904-07-22
WASHINGTON SEMINARY.

North Ave. and Peachtree St., Atlanta, Ga.
 Small classes; individual method; last session PA students and 1S teachers. giving 1 teacher for every II girls. Primary. coll ,ege- preparatory, academic courses. Music. 1rt. elocution- Certificate admits to East 4rn Colleges; 25th session begins Sept. 10. MRS. W. T. CHANDLER and L. D. SCOTT. RKkaeiHaI@J Bu-wed-frt
The Montgomery advertiser., 1904-07-22
MOSS Y. THE STATE.

Prosecution for failure to work public
 road. Appeal from the Circuit Court
 of Henry.
 1. Appeal in criminal case; dismiss ed when no judgment of conviction shown.-To authorize an appeal in a criminal case, there must be a judg- ment of conviction; and when the rec ord discloses no adjudication of the guilt of the defendant. but only a re- cital of the verdict of guilty, which Is followed by a confession of Judgment such entry does not constitute a final judgment to support an appeal; and. therefore, such appeal should be dis missed.
 Appeal dismissed.
 Opinion by Sharpe, J.
The Montgomery advertiser., 1904-07-22
Probate NotIco.

The State of Alabama, Montgomery County Probate Court July 7th. 1904.
 To Jacques Philippi. who resides at Jack sonville Florida:
 You will take notice that on the 7th day of July. 1904, a certain paper in writ ing, purporting to be the last will and testament of Angela Philippi was filed in the Probate Court of this County by Louisa Philippi and herewith her application for the Probate thereof as such will: and that inc 29th day of July 1904. appointed a day for hearing said applcat. on. at which time you may appear and contest the same if you see proper.
 Given under my hand this 7th day of N'' J. B. GASTON,
 fri3t Judge of Probate.
The Montgomery advertiser., 1904-07-22
TaIladega Springs.

This famous resort. popular with Ala bama people. is now ready to receive Sum- mer guests. No malaria. no mosquitoe& Terms reasonable. Address J. N. HEM DRICKS Proprietor. Talladega Springs. Ala sos
The Montgomery advertiser., 1904-07-22
Blx Dove Shoots.

The season for dove shooting was opened yesterday by two shoots being held in this vicinity. One of the shoots was at Fremont, the score being led by Dr. J. D. Allen. The other shoot was across the river about five miles from Selma, G. H. Craig, Jr.. leading the score. Complaints have come from the owners of the baited fields that a number of boys are making a practice of slipping over to he fields and kill ing the doves. Warning has been is- sued to the parents of such boys that a repetition will result in prosecu- tion It requires l<tience. time and money to bait field and the owners do not relish trespassing.
The Montgomery advertiser., 1904-07-22
THE MANOR

ALBEMARLE PARK, AsHEVtILE, N. 0. A cool and delightful place for the Sum- mer. On trolley line in edge of the City. Varied amusements and entertainment. and unsurpassed accommodations and tablG make The Manor a charming place for long or short stay. Ask former guests.
 ALBEMARLE PARK COMPANY su-vsdasrt Asheviliss N. & {
The Montgomery advertiser., 1904-07-22
Crockett Arssnic-Lithia Springs
 and Baths,

Opened June 1st. Elevation, 2,000 it. Cures Dyspepsia. Nervous Prostration. Rheumatism Skin and Kidney Trou- bles, and Female Disorders. Clears and beautifies the complexion. Write for booklet. M. E. Ihomas.
 wed-fri sun MET.
The Montgomery advertiser., 1904-07-22
LocnI md PcrsonaI.

pr. A. A. Little will present the Se- nior Section of the Bible lesson, "Jeho- shaphat's Reform,' at the Selma Teach CTS Association tomorrow afternoon. Mrs. J. W. Preston and Mrs. J. J. Thomas will present the Primary and Junior sections. The Association meets promptly at 4 o'clock in the Sunday School room of the Cumberland Pres byterian Church. and all members and visitors are requested to be punctual. This meeting will be one of special interest and a large attendance is ex- pected. All Sunday School workers of the city will be given most cordial welcome.
The Montgomery advertiser., 1904-07-22

character and a member of a large and excellent family. He leaves wife and three children.
The Montgomery advertiser., 1904-07-22
AFTER THE FAIR
CAPE MAY. \. J. The old-slms tavori..

CAPE MAY, N. J. The old-tIme favorite of the South STOCKTON HOTEL. Fac ing the ocean, built for ali and coolness; 75O feet of corridors High ceilings. large windows. thoroughly modernized and fur nished Cuisine special feature. Particu- lar attention to fresh food and oystera
 Concerts in New Cafe and Japanese Garden Dancing evenings in Ball room. Rates $2. 50 per day up. European plan $1 % up. Special rates by week. Send for folder. H. M. Cake.
The Montgomery advertiser., 1904-07-22
Death of Alden woolsey Howell.

The intelligence reached the city this morning of the death in Waynes- vile, N. C., of Alden, Woolsey Howell. the fifteen months old son of MT. and Mrs Alden Howell Jr. Mrs. Howell was Miss Thomasine Woolsey and her parents, MT. and Mrs. Minthorne Wool sey, were with her when the end came to the infant. as was also her sister. Mrs Reed of New York. formerly Miss Ella Woolsey. The child had been i'll for many months and despite every effort of learned surgeons death came.
The Montgomery advertiser., 1904-07-22
SLAIN BY LIGHTNING.

R. E. DOrman of CnrrvilIe Struck by
 Bolt.
 East Tallassee. July 21.-(Special)- About 3 o'clock. evening. R F. Dor man. son of Rev. James r. Dorman. of Carrville, was instantly killed by lightning in his fathers house. The Lightning struck the taQ oS tAA gable
The Montgomery advertiser., 1904-07-22
Birmingham Seminary
su-wed-fri

BIRMINGHAM, ALA.
 High grade boarding and day school for young women; refined Christian in- fluences, ideal home life; excellent health; modern facilities for light heat and water: board ng pupils linn tied to 10.
 Courses provide thorough preparation for college and university. Schools Of music, art and elocution employ meth ods of best conseryatorics in this coun- fry and abroad; modern languages taught by native professor. IT teach CTS. each an experienced specialist. 3O5 matriculates last session. includ- tho hoarders from 12 states. Next ses- sion begins September l4th, 1904. For catalog. address
 MISS LOUIE COMPTON. Principal, IT22 Fifth Ave. Birmingham, Ala
 su-wed
The Montgomery advertiser., 1904-07-22
THE NEWS OF SELMA
TETON BROTHERS CARRIED TC
 STATE FARM AT SPEIGNERS.
Dallas County Negroes Who Were Sem tenced to He Hanged Hut Gov ernOr COmmutes Penalty to
 Life Imprisonment.
Advertiser Bureau,

Advertiser Bureau,
 Selma, July 21. State Agent w. w. Jones reached the city last night and this morning car ried to the State Farm at Speigners. the negroes Tom and John Tipton. convicted of the killing of Fred Roh- bins. The negroes were to have been hanged tomorrow, but were saved by the Governor, who commuted the sen tence to life Imprisonment. It is ex- pected that the negroes will be trans ferred to Pratt Mines. They were not very talkative when they took leave of their jailer, but said that they felt that they could not thank the white people of Selma enough for interfer- ring in their behalf.
The Montgomery advertiser., 1904-07-22

tastef andb e
 
 l. for all for of medium of ma tern2 yards ncbes and A tofThe ltiseron rece
The Montgomery advertiser., 1904-07-22


 Mayor Atkins is attending camp near Birmingham where he is the command inG officer of the First Squadron or Cavalry. Alabama National Guard. President of the Council w. R. Pea resenting the Selma Lodge of Elks at the reunion. and Grand Lodge meet Ing. M. J. Meyer Chairman of the Committee on Streets and Lights. has been acting Mayor, but he, too. left the city yesterday. and Councilman J c. Norris is exercising the duties of Chief Executive today. He held Mayors Court this mCrning.
 Reports from the bedside of Hon 2 M. Kirkpatrick. who has been quite :ll for some time. are to the effect trai he is much improved today Mir. Kirk patrick Is a member of the Court of County Revenues, and Is a popular cit izen.
 The Selma market is flooded with peaches and cantaloupes. all of a very industry in this section has grown to great proportions of late years and the residents of Selma are the beneficial ries.
 MT. and Mrs. R. L. Owen returned where they went to attend the funeral of S. c. Tucker. the father of the latter
 F. S. Garrett has returned from a trip to his coal mines in the mineral district.
 s. A. Fowlkes has returned from a visit to St. Louis, Chicago and Mil waukee.
The Montgomery advertiser., 1904-07-22

F. S. Garrett has returned from a trip to his coal mines in the mineral district.
The Montgomery advertiser., 1904-07-22

S. A. Fowlkes has returned from a visit to St. Louis, Chicago and Mil Waukee
Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-04-12
TheI0rceT of the
Z /trdnd. sa eo st !r n5a1f
ENTERPRISE ASSN

| Sara the nature of your chemical discov-
eries?"
Never"
Has she ever been here?"
'Oh, yes, many times Last week she
and Donna Marta We're both here: l had
little reception for them. We enjoyed our
selves; she was delightful"
You have several rooms in this fiat,
have you not, professor"
Three reception rooms" he answered
rather YEARLY
And you and Donna Marta were per-
haps alone in one OF those rooms while
Nine. Sara amused herself in another? Is
that so?'
ut is" he answered reddening Madame
and Donna Marta remained after my other
guests had gone. Madame went into my
study. She said she would sit by the fire
and rest"
DO you leave your notes locked up or
lying about?"
Always locked up. 1t is true the notes
for my coming lecture were on that occa-
sion on my desk
"Ahr' interrupted vandeleur.
mo ordinary person could make any
he added, IF madame could have read
them it surely would not greatly matter
that she should know my grand secret be-
fore the rest of the world
"Piozzi," said Vandeleur, very gravely,
Il must make another request of you.
Whether madame knows your secret or
not, I must know it and at once. Don't
hesitate, professor; your life hangs in the
balance. You must tell me tina. with
which you mean to electrify the Royal In
stitute tomorrow week-now, now, at
once"
The professor looked astonished, but
Vandeleur was firm
Il must know it," he said "I hold my
self responsible for your life. Druce, he
added, turning to me, perhaps you can
get the professor to see the necessity of
what ask. Will you tell him that story
which you related to me in the cab?"
did so without moments delay. My
dc hrin 7 on1rld mai q
told him about my interview with Pollak.
his excitement, his revelation of the fact
that the patentee whose patent was to be
secured in all countries all over the word
was no less a person than Nine. Sara
herself. In short, to my infinite delight I
managed to convey my suspicious to his
mind His whole attitude altered; he be-
came excited, almost beside himself. His
nervousness gave place to unexpected
strength. He started to his feet and be-
gan to pace the room
'Heavensr' he exclaimed more than
once. IF indeed I have been befooled-
made a dupe of-but no, it cannot be.
Still, If it is, I will revenge myself on
madame to the last drop of my blood"
For the present you must only confide
in me-" said Vandeleur, laying restrain
ing hand on the young mans arm. And
now for your secret-it is safe with bruce
and myself; we must know it,
PiozI Gained down as suddenly as he
had given way to rage. He seated himself
on sofa and began In quiet voice:
What have to say Is simply this"
Then in terse language he poured out for
Vandeleur's benefit an account of some
process, interlarded with formulate, equa-
tons and symbols. absolutely beyond my
comprehension.
Vandeleur sat and listened intently. Now
and then he put question, which was i'm
mediately answered. At last Piozzi had
come to the end of his narrative.
THAT is it,, he said; "the whole thing in