davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1904-10-01
seo EsTABL1sdEc 1ssO YUNG'S AURANT.
 26 North Court Street,
 The PiaoS For
 Every DeIicacy of Land and Sea.

'sThere is much of violence in his his tory, and this helps in the forming or these unusual impressions. As chlld' almost he took part in the interprovin cIal strife, and but few years later he stood for the Government ana help ed to put down the bitter Satsuma re- bellion. His part was the triumph or conviction over sentiment. Many of his relatives were against the Emperor ia this warfare. Young oyama first fought his leaning toward the Sat suma cause and then fought for the Central Government which prevail ed
 He commanded the Second Army Corps in the war against China and was chief in the first taking or Fort Arthur. It Is far from unreasonapie to hint that Oyama will be powertully in evidence at the second fail or this fortress, which is so identified with the hopes and honor of Japan. uhtll the present month the first taking of Port Arthur was his greatest achieve. ment. But now Liaoyang is added. anu the lnitisI campaign of the war IS nor yet finished.
 AS a youth irf the early twenties he was sent to France as a military att tache. He studied the organization Of modern armies and watched the titahlc struggle between the French ana Germans in 1870. His lessons were well learned. and he was appointed to the | rank of General when he returned 10 the Empire His rise has been rapid He became War Minister Minister or Education. First Lord of the Admiral ty and Field Marshal. The EmperioF honored him first as count and then as | marquis.
 All these things were well ynown to lhe company of foreigners who were presented to the Marquis, but they were not thought of by many who glan- eed for the first time upon this battered ana beloved soldier of the Empire. A story so old that its truth Is mingled With tradition now, was remembered. 4t was of his return from the Satsuma reoeilion that all were thinking as We
The Montgomery advertiser., 1904-10-01
PEN PICTURE OF oYAMA.
Called The UgIiest and .M0st Charming
 Man im JaUan.

Called The UgIiest and M0st Charming
 Man in Japan.
 A vivid picture of. the commander-in- chief of the Japanese armies in Manchu- ria is presented by VIII Lexington
 Comfort, writing for the Chicago Daily News. He wrltes:4
 "An English correspondent in TokIo during the early days of the war stroll ed into the billiard room of the Im- perial Hotel one afternoon and amour ced that he had just secured an inter- view with Field Marshal oyama. How did you like himT was ask ed. .as He is the ugliest and cost charm ing man in the Empire the correspon- dent replied quickly. .
 ''The writer of this article was pre- sented to Marquis oyama a few days later in company with severalforeign-
 remark of the English correspondent came back forcibly. The first im- pressions was that of repulsion. "Oyama Is short. squat and long arm
 ad- His huge head seems to rest upon heavy shoulders, without a connecting medium, and this peculiarity is inten- sified as the Marquis turns hls body as we'll as his head when he. wishes u look at an object behind or at his side
 The physical peculiarities. however, are nothing. It is the face of Oyama which first repels. then. fascinates. It was the same with Robespierre, the l same with Talleyrand. The play of
 the brain was needed to wipe out the ghastliness and the gloom. His skin seemed to be drawn by the fires of suf- fering. Smallpox had left 1t one mass of fiery pits. I thought of the Councils Vile country and the square miles of coke ovens inverted Other scars in- Itermingied-steel and frost. perhaps and from out the serried countenance
 shone the restless black eyes, pier cling but crooked.
 His voice Is deep and gentle and his speech is studded with unexpected bursts of humor or intensity. This fa- cility is Western. as opposed to the stereotyped nothings which are contin- ually upon the lips of the Japanese Certain noblemen say that Oyama iy
 the most brilliant conversationalist in
 Japan He speaks English well, but
 French much better. Back of the gen tie voice and the reaction of fascina- ton which comes after a few moments in the presence of this great soldier Of
 the Orient there Is. something restless. l mysterious. You feel the iron force of
 the man, a force memorable, Napoleo. Ilnic. If Japanese are about, you are | caught in crossflre of their passionate
 adoration and his serene power
The Montgomery advertiser., 1904-10-01
LOCAL WHOLESALE PRICE.

LOCAL WHOLESALE PRICE. The quotations follow: ....
 CeuntEy Produce Eggs-i5 Q 2oc. seo sae.
 Peauats-Per pound. Bh @ec. Pineappies--Per crate. t2.5o@2.7S. Beans Choice. hand picked navies, s3.7s; red kidney beaus ss.so; Lima beans, sananas--Psr bunch. si.7s@2.oa Cabbage--Per h.. 1kc.
 Cranberries--Psr bbl., s1o. ceIery--Per bunch. s5060c. Maiaga grapes--Per keg. SA. Ee. cocoanuts--Each, 4c.
 Florida oranses-rsr ' box "'7A oa,s--Mixed, t5c bushel; white. 47c. Corn--white, fo4ixc. c, R. Bulk---e&c pound. |. c. R. Haeon-skc pound E Rreakfast Bacon---i6c pound. Sweet Posatoes-si. 20 busheI. Irish Potatoes--S0c basis. f,ard--Leaf. shc pound. basis. Clear Lard. He pound
 AppIes--s1eo bushel. Fiour-ss :s 9s.ao barrel onions--si,ao, slss,an Sa;hsL noan, -. Lemons--4s.16 box.
 sugar-oranulated. 6he poundlY. C.. 5A Dry Salted Sides--Shc.
 Meai--s2 k q 66o per bushel Sait--Lsverpool. ei per sack; Virginia IEc; Michigan, 2B0-ib. barrels, Sl.7S. Suttar--Jerssy. ao@sse; Tennessee eoun. try. 25c.
 Arrow TIes--4b lbs, t1. %. Ju.s basging--2 lbs. 7h@7xe: K lbs. "A 0Thc- -. Naiis-wire. $2. 60. Axes--s5 50 @s. .So. -.. -> .-- r.. Cotton cards--t4.60. Hollow ware-Country, axe. Chain traces-s4. % 0@f .eO. Bellows-S4.60@10. 3, a.''
 Hides. Weol, Etc. Hides--Grsen salted. ,sc; dry flint. 1lxo, dry salted. Toe, .ss ---.s t.- --. Beeswax-24c per pound. Shearing-1O0 o 2ec each. 'Ff' WoodwaRe. t-F - Half bushels--Iron-b bound, per doz., S3. % Peck measures - Iron-bound. per doz- e7.S0.
 Buckets--Two hoops. IFS: three hoops S.00: brass red cedar, s7.0o. Well buckets-S3.S 50. 'i, Washboards--s1. T6 @2.60.
The Montgomery advertiser., 1904-10-01
LOW RATES TO WORLDS FAIR VIA.
 E6yS&St|

Quickest time and best route
 s1SlO 15-day ticket; on Sale daily. s2270, GO day ticket; on sale daily. s27 20 season ticket; on sale daily. yIS 9b lO-day ticket. Sold dahy exeepA ,rrtdavs and Saturdays. good in day coaches only - a s,,...,,-.,a,, ,,nL... a.. .sd Tn either direction via Mammoth Cave Ky. Ky with stop-over privilege. ,oa,v ar. e, Iouts go e. m. tomorrow. riTe saVe Montgomery 6;ss p m 'oday' CT" rive St. Louis i;sS D. m tSmorF9w Sn1S 9Sa,n, aIso 1tiiSb n electric lighted day coach with. out ch~ W L. BEASLEY,
 P. A.. Montgomery.
The Montgomery advertiser., 1904-10-01
opInIon by Tyson. J.

TARwATER vs. GOING EFT AL. Bill in Equity to cancel Deed to re-
 move Cloud from Title Appeal
 from the chancery Court of Jefrer-
 son.
 1. Delivery essential to complete execution:~ when deposit with third person does not constitute delivery Delivery essential to the complete ex- ecution of deee. and the mere deposit of written conveyance. complete in every respect as q deed, with a person other than the one named as grantee
The Montgomery advertiser., 1904-10-01
Died Durlng IHanexmoon.

Philadelphia. Sept. 30.--Married to the Secretary of tEe First Vice President of the Philadelphia and Reading Rall. road three weeks. ago. with their hon eymeon trip just ended, Mrs. Mary Ian dish has met death by falling from the third story of her home on Twelfth Street. She was arranging lace cur tain, lost her balance. and plunged head lrst. striking the fence
The Montgomery advertiser., 1904-10-01
sANpERs ys. NnwToN.


 Bili in Equity to compel Specific Per
 formance of Contract.--AAppea1 from
 the Chancery Court of Geneva.
 f. Conditional sale; effect of waiver of right to retake property.-Where a conditionalS sale of personal property Is made. the seller retaining the title retention of the legalN title to the property so sold is for the protection seand benefit of the seller, and can be waived by him: and when upon default in the payment of the purchase price, fthe seller retakes possession of the property sold, he Is thereby complete ly and irrevocably deprived of the right to enforce payment of the debt,
 2. Specific performance of contract; {; conveyance of land cannot be enforcs1 when debt Is otherwise paid.-where in the sale of machinery at the stipu- lated price. there is a contract entered into between the seller and purchaser that the latter will convey certain lands in part payment of the purchase price of said machinery and that the balance is secured by notes executed by the purchaser, in which 1t is recit- ed that the seller retains the title to the machinery until the purchase pric- is paid. if. upon default of payment tine purchaser takes possession of the machinery. the value of which ,togeth- CT with partial payments heretofore made, Is equal to the purchase price. and the seller is thereby reimbursed his entire debt, he cannot subsequent- ly, by bill in equity, have the contract to convey the land for part of the purchase price specifically enforced.
 Affirmed.
 Opinion by Tyson, J.
The Montgomery advertiser., 1904-10-01

''why, James Henry Pthuddw ex- claimed his wife. as he clambered up the stairs at a. m. What in the world do you mean by coming home at this hour and in such a condition?'' Now, m dear" explained James Henry, careful ly, you Jusht calm yrshelf. I been wiz Deacon Brown and Parson Jones. ded'- catin' tn new sh'loon on Main Street" Life.
The Montgomery advertiser., 1904-10-01
BUILDING DEMOLISHED.
Two Employees severIy Wounded By ExplOaIOn.

Cleveland. O.. Sept. sO.-A two- story brick building at Fleet street and Independence road. used by the East Ohio Natural Gas Company as dis tributing station, was demolished to- day and two men probably fatally in- jured as result of an explosion of gas. The men were employees and were bur fed In the ruins. Because of the ex plosiOn natural gas was shut fkfrom large portion of the city, causing much inconvenience, The cause of the explosion has not been learned.
The Montgomery advertiser., 1904-10-01
.yu,nped from Train,

Buffalo, N. r.. Sept. s0.--The police have found no trace whatever of Alonso J. Whiteman,-who jumped from the fast mail on the Lake Shore Road near Dun kirk last night. escaping from two of- ficers, who were bringing him from St. Louis to answer an indictment in com neetion with an alleged bank swindle.
The Montgomery advertiser., 1904-10-01
newS in Brief.

A REPORT of the incorporation of the Bessemer Furniture Company was filed yesterday in the office of the Sec retary of State. The company will sell furniture and coffins and 1t has a capital of $10,000. Its incorporators are Edgar L. Mitchell, Virginia Lee Mitchell and Pearl Maury Mitchell.
 A VOLUNTARY petition in bank ruptcy was filed in tho United States. Court yesterday by Forester and Holmes of Dothan, a partnership com posed of S. s. Forester and Douglass Holmes.
 A PERMIT was granted yesterday by City Engineer Ford to c. s. Noble to add one room to a one story house on Holt betwen Heron and Clay Streets. The addition is to cost $S5.
The Montgomery advertiser., 1904-10-01
GOVERNOR NluRnrREn-
Executive of ArzIla Assaasinated nv
 Traheameu

Trfheamen.
 Tangier, Morocco. Sept. s0-The Governor of Arzlla, who was the fatner- in-law of the former war minister, El Menebhi. has been murderd at ArzIla by people of the surrounding tribes The murder was committed out of re- venge for the action of the Governor in imprisoning members of the tribes. The murderers released the prisoners at Arzila and killed many of the town- people.
 Great alarm prevails at Arsila and the authorities have appealed to Mo- hammaded Fl Toros, the manager of the Sultan. to send them assistance.
The Montgomery advertiser., 1904-10-01
Opinion by Sharpe, J.
HARBOUR vs. THE STATE.


 HARBOUR vs. THE STATE. Indictment for Murder.--Appeal from the Circuit Court of DeKalb. l. Homicide; when threats by de- ceased inadmissibIe.--on a trial under an indictment for murder or man.
 slaughter. a general. indefinite threat made by the deceased two days before
 the killing. not mentioning the de- fendant, and not shown to have any reference to him. such as If find out certain things have transpired. I will stamp the life out of somebody,"-- Is not admissible as evidence forN the defendant.
 2. Homidcide: charge as to fighting
 willingly.--On a trial under an indict-
 ment for murder a charge which in- structs the jury that when the law
 says one must not light willingly, 1t does not mean he shall not fight will
 ingly or Intentionally for his protec. | tion; 1t means he shall Aot fight will
 ingly or intentionally to gratify his
 own desire to fight" asserts an erron- eous proposition. and Is properly re- | fused.
 3, Same; Same.-In such a case a charge Is properly refused which in- structs the jury that the law which | says that man must not fight in a dimculty willingly. does not mean that
 he cannot fight willingly when he | fights in self-defense; such charge
 having a tendency to mislead the Ju. | rys
 {. Charge of court to jury; obJec- | ton to evidence introduced cannot be raised thereby.-Where illegal or fir. | relavant evidence is offered in the trial
 of case, objection thereto should he
 made at the time of such offer, and if
 overruled, an objection should then
 be reserved. in order to present the
 question on appeal; and when such ob- | jection is not made. and exception re-
 served, the question as to the intro- auction of the illegal or irreiavant
 evidence cannot be raised by charges to the jury, instructing them not 10
 consider such illegal or irrelavant evi-
 dence.
 5. Homicide; admissibility of evil
 dence; res gestae.-On a trial under an
 indictment for murder, it Is compe-
 tent Tor the witness to testify to ex-
 clamations made by the daughter of
 the defendant immediately preceding
 the fatal blow. 1t being shown that
 such exclamations- were made pending the difficulty between the dafandart
 and the deceased. Such >exclamations
 constitute part of the res gestae of
 the difficulty oA Affirmed
 Opinion by DowdelI, J.
The Montgomery advertiser., 1904-10-01
Sesboard Air Line Ry.

 Leave Arrive O9lly. AoMt8omeSy, Ala Daily. 7:s0aml lHurtsboro. Columbus, Rich-I
 Hand, Albany. AmepfcuAi
 ICordele. Jacksonville, Nal
 Icon tyia Cordslel, Savannah
 and points East. 7;9epm
 | Wa Western Railway and Atlanta -.s- s. G:A6amlFor Raleigh. Norfolk. oldI cm
 IPoint Comfort. PetersburRl
 lRichmond Washington, BaI.l
 ltimore, Philadelphia, Nevl
 IYork and all pointa Eaat IPullman Sleepers AtIantai
 Ito Norfolk and New York
 Joining car service noonI I:sopm train from Atlanta ] 0:WnM -6;sopmlUnion -6 springs. Ala. andI
 points on Seaboard bstweenl
 Montgomery and Et Davia
 I6olid tram for Unionl IsDrtngs; no change of eaTsl 9:l5am DeIiGnIfuI ttalI and Water uID lO Ine EasS via Norfolk or Savannah. Apply to Chas. e EIcka, c, A; s. T. suratt U; q. A. Menf- Somery Ala, for full tnformAtion. oE Charles F Stewart. A. C.. F. A.. Savannah. Ca. sDaily except SnndAx'
The Montgomery advertiser., 1904-10-01
RANsAs CIrY LIYR sToCK.

KANSAS CITY, Sept. So.-cattle-Re- ceipts, 32,500. including 500 Southern; steady to strong; choice export and dressed Western fed sters, ss, 759b.5 50; stockers and feeders, S2.25@4: southern steers. s3 70 o 8 SO: Southern cows Si. 50 @s fSi native cows si 5003.TB; native heifers. S2. 80 o q SO; bulls, si.7S@s.25; calves, ss.6e@ 5,50.
 Hogs-Receipts. $500; market ioc higher S5. sOQs; packers, 95. s5 Qb.s5i pigs and lights. S5. eb @B.90.
 sheep-Reeeipts, l.Soo; steady; native sheep. s49S.ss: native wethers S: v N@625; Western yearlings. Ss.bO@s. soi Western lambs. ga 25&s 60; stockers and feeders. s2. .5094,0O.
The Montgomery advertiser., 1904-10-01

This ia the last dny we will sell ap- plea at Soc per peck.
 H. l.. YeIvertOn & Son, ,Phone 247. No. I Court Square.
The Montgomery advertiser., 1904-10-01

WILMINGTON. Sept. s0.-Turpentine-- Nothing doing: receipts. s2 casks
 Roein--Eothing doing; receipts, 2l6.
 Tar--Firm at st.s6; receipts, 75.
 Crude turpontine--s2. 254s.SO; receipts 70 barrels.
The Montgomery advertiser., 1904-10-01

AAs sFOOD THE TEST S5 YEARS. Grove's Tastaless Chili Tonic. The fIrs. "n, original tastslsss chiiI tonic. 50 cents'
The Montgomery advertiser., 1904-10-01

EsaSGLrle IIgALeu dInInE cars are on tralns l and between Birmingham and New Oe- leanss Lebanon and Cincinnati; also on Nashville. Service . Ia carte
 New and handsome chair cars (seats Cincinnati and New orleaus, High back seat coaches and chair cara are also run on all through trains M,. ewssMn Cnnsss a = Nashville anc-4Sew Orleans.
 Train No. carries through Pullnaans from Chicago. cincinnati and New York t9 New Orlaans Alsc through day eoaen and
 Train No. { carries through Puimans from Cincinnati and New York to New Orleans and St. Louis to Jaoksonyiile; alse through tourist sleepers to- san Francssoo'
The Montgomery advertiser., 1904-10-01

s2.ss; F. ss. .so, c. ,2.ss: H. $40; l. ss; K. Ss.75; M, s4.is; N. $40; window glass; st.7o; water white. tS.
The Montgomery advertiser., 1904-10-01

ISS'AAAS sA0~ISVA4OAS aI s.sS p m Auss Wed ana caI Wa New Orleans anu SeuIh. ern Pacific.
 Train 10. carries through Pullman. from New orleans to New York and Cinoin. natl and Jacksonville to St. Louis makIne to Chicago.
 Train No. carries through Pullman Cincinnati (sllcago, and II. V ISh day Coaoh and sleeper MontBomery to ,I. Louis with. out change.
 All through trains make close connection at Cincinnati. Evansville. St. Louis and New Orleans for all points North. South East and W est
 For further information pertaining to rate. routes and schedules consult ticket agents L. & N R. R. or write or call os W TA BEASLEY. Pass Agt.. Union Station
The Montgomery advertiser., 1904-10-01
BIRMINGHAM SOUTHERN RAIL
 ROAD COMPANY vs. GUNN, ADMIR-

Isi ADMH. Action by Administrator against
 Railroad Company for Killing of
 Itestate.--Appeal from the Circuit
 Court of Jefferson.
 1. Action for negligence; when ac- tion of trespass shown by averment of complaint.--In an action against a railroad company by an administrator to recover damages for killing a plain tiff's intestate. count of the com plaint which ayers that defendant wantonly or Intentionally caused the death of the plaintiffs intestate by wantonly or Intentionally causing one or more of said cars to run upon or against plaintiffs intestate." consti- tutes cause of action in trespass, and to sustain such averment and to en- title plaintiff to recover proof of &C., tual participation on the part of the defendant in the damnifying act is essen- tial: and when the cause is tried upon such count. and there Is no evidence introduced showing that the defendant corporation permitted or actually par ticipated sn the commission of a wrong such as is averred in such count the defendant Is entitled to the gen. eral affirmative charge in it's behalf
 Reversed and remanded.
 Opinion by Sharpe. !.
The Montgomery advertiser., 1904-10-01
CINCTNNATI PROVIgION

TREASURY BALANCEs. WASHINGTON, Sept. 30.--Treasury bal tances, si5o.sT7.eo7; gold, t7o,24t.747.
The Montgomery advertiser., 1904-10-01
NAVAL gTODF9.

SAVANNAH Sept. 90.-.rurpentine- Steady at 52k; receipts. s27; sales. TAsi
 Rosin--Firm; receipts. I.Sss; sales. l.Ioo; exports. s51; A. B. C. s2.45; D. S2.Bo; E.
The Montgomery advertiser., 1904-10-01

CINCINNATI. Sept. o.-Fiour--Firm. Provisions--Firmer; lard, s7.17h; bulk meats, s7s0: bacon. Ss.l5.
 Whiskey-Steady at $1.26h.
The Montgomery advertiser., 1904-10-01
MARstIALL xs. BISHOP.

Action against Endorser on Promis-
 sorry Note.--Appea1 from the Circuit
 Court of Barbour.
 1. Action against endorser of prom fssory note.--In an action against the sndorser of . promissory note where it is averred in the complaint that suit was not brought against the mak- CT at the first term of the court after the note fell due. to which suit could have been properly brought, because immediately after the note became due, and before 1t was necessary to bring suit at the next succeeding term Of the court, the defendant promised to pay the note. If there Is any evil dsnce introduced going to show that the defendant expressly and uncon- diticnally promised the plaintiff to pay the note immediately after its maturity. 1t Is error for the court to give the general affirmative charge requested by the defendant upon such Issue.
 Reversed and remanded.
 Opinion by Mcclellan. c. T.
The Montgomery advertiser., 1904-10-01

r CHARLESTON, Sept so,--Turpsntine-
 Nothing doing. Rosin--Nothing doing.
The Montgomery advertiser., 1904-10-01
HeAd-Notes Of the Decisions
 of Alabama Supreme Court

or as agent. unaccompanied with any intention of passing title. is not such delivery as Is necessary to consti- ute a deed; nor will an unauthorized transfer of the possession of such grantee, constitute such delivery.
 ?. Bill to remove cloud from title; necessary that complainant should be in possessfon.--fn order to maintain bill in equity for the purpose os cancelling and setting aside a deed or other istrument as a cloud upon the title of the complainant. 1t Is ne. cessary that the complainant should allege in his bill and prove that he was in the actual possession of tho land.
 Affirmed.
 Opinion by Sharue. y
The Tomahawk., 1904-06-02
Local lten1s.

Peter King has opened up a
wagon repairing shop.
LosT:--A bunch of keys, finder
please leave at this Office.
The ToMAHAwK is prepared to
do job printing at reasonable
prices.
II. Starkey, of the Pembina
Settlement. was an Agency visitor
this week.
Buy home made bread at Mrs.
Bakers the baker, at Mrs. Nc
Martins building.
Charles Grais, the Ponsford
merchant, was doing business at
the Agency during the week.
The Tomahawk., 1904-06-02
Unique ceremony.
Ieche Steenerson to be Adopted By
ChippewaS.

The Chippewas of White Earth
ave decided, if it is agreeable to
Congressman Steenerson, to adopt
i'm as a member of the Chippewa
ribe of Minnesota. The cere-
nony, which will be unique and
Extraordinary, will take place
,ere during the 14th. of June
celebration.
Never has white man ever
been adopted by the Chippewa
ribe, although this is a common
hing among other tribes, especial
y those located in the Indian
territory.
The adoption of a white man by
he Chippewas is one of the great
st honors they can confer on him.
Mr.. Steenerson has been duly
lotified of the wish of the Chippe-
vas, and it is now up to him to
lecide whether he will become a
ed man or not.
The Tomahawk., 1904-06-02
DECORATION DAY.

Decoration day was observed
here IS usual. The few remain
ing members Of the &. A. r. now
here went to the Catholic cemc
tlry in the forenoon where the
services were read by James
Van Vert, speeches were made by
Father Aloysir,s and Theodore
Beaulieu, selections we're played
by the Government School band
and patriotic songs sung by the
children Of the Catholic boarding
school. In the afternoon this
program was repeated at the
Episcopal .cemctary. At that
cemetary Agent Aiichelct and the
Supt. of the government boarding
school, Davis, were the speakers.
The school children Of the govern
ment boarding school were also in
attendance at the Episcopal ceme-
tarl.