davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1904-03-11
EArMAN " THE STATE.


 Indictment for murder.-Appeal from the
 Circuit Court of Lamar.
 1. Homicide; insufficiency of indict- ment.-An indictment which charges that the defendant ''unlawfully and with malice aforethought killed the deceased 'by striking her with some weapon to the grand jury unknown, or by some means to the grand jury unknown" etc. is not subject to demurrer upon the ground that the means by which the offense was committed are not sufficiently described. 2. Witness: competency of child.- Where a child years old. on her voir dire examination, after testifying that she did not know her age. was never at school, could not read and had been to church but once, further testified that God made her. and that she knew 1t was wrong to tell a story, that she would be punished by being put in jail for it and would go to the bad placo" when she died, she is shown to have sufficient in- telligence and sufficient conception of the scanctity of an oath to render her com petent as a witness.
 3. Trial and its incidents; adjourn ment of court to obtain attendance of witness.-Where, in the trial of a criminal case, the defendant as a witness testifies to facts which had never been disclosed before, and of which the States attor- ney had no notice, the court does not abuse the discretion invested in 1t, by granting motion of the State to adjourn the trial from the afternoon when the testimony of the defendant was given. until the next morning. in order for the State to procure the attendance of wit ness to rebut such testimony: nor is it an abuse of discretion on the part of the fN ka Aala instance of the defendant, after such witness for the State had apeared and been examined, in order that the defen- dant could procure the attendance of witnesses to impeach him.
 E 4. Trial and its incidents: argument of counsel to jury.-In the prosecution of a criminal case, the solicitor Is within the bounds of proper discussion of the evil dence, if he states to the jury as a fact, the motive or reason for the defendant killing the deceased, as was testified to by the defendant himself
 5. Homicide: admissibilIty of evidence. On a trial under an indictment for mur- der, 1t Is competent for the State, upon the cross examination of the defendant, to ask him as to his motives or reasons for striking the deceased.
 6. Homicide; charge of court to jury On the trial of a criminal case, where there Is evidence from which the jury could find that the defendant struck the deceased with formed design to take her life, a charge is erroneous and properly refused which instructs the jury that if you believe the evidence you can not find the defendant guilty of murder in the first degree.
 2. Argumentative charges are properly refused.
 Affirmed
 Opinion by Mcclellan, c. !.
The Montgomery advertiser., 1904-03-11
NOBLE Y. THE STATE.

Indictment for Grand Larceny.-Appeal
 from the City Court of Montgomery.
 1. Plea of misnomer; issue presented by repHcation.-Where the defendant in a crImnal case files a plea of misnomer, and to this plea the State files special replications alleging that the defendant Is and was as well known and called by the name as averred in the indictment as by the name averred in the defendant $ plea, under the issues presented by such spcial replications the question is, wheth- CT at the time of preferring the indict- ment such were the facts as averred in the replication, and not whether 1t was true at the time of the trial of the de- fendant
 Reversed and remanded.
 Opinion by Tyson. J.
The Montgomery advertiser., 1904-03-11
WILL COACH AUBURN.
Donahue of Yale to Have Charge cf
 Football Squad.

Auburn, March 1O.-(special.) )--At re- cent meeting of the Athletic Advisory Board Donahue of Yale was elected as the Auburn football coach, after a care full consideration of many available men for the position. Donahue has been sub quarter at Yale for the last two or three seasons, and Is said to know the game in all it's phases
 Not only is he said to be a good play CT. but he is credited with possessing the ability of imparting his knowledge and with having that power to control his men and to arouse their enthusiasm.
 Coach Donahue will have entire con- troI of the team, and will have the hear ty cooperation of the students ant alumni.
The Montgomery advertiser., 1904-03-11
opinion by Mcclellan. C. J.
MEYER BROTHERS DRUG CO.,.
 PUCKETT.


 PUCKETT.
 Action of Assumpsit-Appeal from the
 Circuit Court of Jackson.
 1. Pleading and practice: sufiiciency of plea of set off.-In an action of assump- sit where the defendant. by special plea, claims set off against the plaint- iff's demand for freight paid upon goods shipped by plqintlff to the defendant. for the price of which this suit was broug::t, but 1t does not appear from the aver merits of the plea that the payment os the freight was at the instance and re- quest of the plainhn. such plea is sub feet to demurrer.
 2. Same: same.-In such case. pleas of set off claiming payments to have been madc bv plaintiffs to the defend ant. but which do not show that such pavments were attended by any breach ! of contract or were induced by any mls- representation or any conduct operating as fraud upon the defendant or oth- erwisa giving rise to liability against the plaintiff, are faulty and subject to de- murrer.
 3. Action of assumpsit; admissibility of evidence-In an sction of assumpsit to recover for the price of goods shipped ] by plaintiff to the defendant. where the
The Montgomery advertiser., 1904-03-11
BURIED AT MoRGANsv1LLE.
Negro Who Was Run Over by Trail
 and Killed,

The body of Matthew Taylor. the ne- gro who was run over and killed by an engine in the Louisville and Nashville Railroad yards Wednesday night. was shipped yesterday morning to his old home in Morgansville.
 It will be remembered that trainmen found the almost severed body of the ne- gro lying across the tracks in the yard at an early hour Wednesday morning. Coroner w. H. Tice was notified of the death and reached the scene about ] o'clock After Investigating the accident he reported that the man was riding on the rear board of a backing switch en- zine and that he slipped and fell under the wheels. Death was, to the best of his knowledge. instantaneous.
 The dead negro will be buried at Nor gansville.
The Montgomery advertiser., 1904-03-11
JONES V. McNEALY ct al.

JONES V. McNEAL1 ct al.
 Bill in equity to correct misdescription
 of land and to foreclose mortgage.-
 Appeal from the Chancery Court of
 Lee.
 1. Bill to correct misdescription of land in a deed: not necessary to allege want of notice or knowledge.-A bill filed by a purchaser to have corrected mis- description of land in a deed from de- fendants ancestor, who was also conn plainants vendor, so as to exclude from the deed the land afterwards conveyed to complainant, is not demurrable on the ground that 1t does not allege the com plainants want of knowledge or notice of the alleged mistake; since, having acquired the common grantor's right to the part of the land in controversy, the complainant takes her place and Is en- titled to enforce that right in the matter of the mislescription.
 2. Same; immaterial that deed contain ing a misdescription was voluntary.-Tn such a case, 1t is immateriai that the deed containing the misdescription and which was sought to be corrected, ex- pressed consideration for love and af- fection, or that was otherwise voluntary.
 3. Same; when not necessary for com plainant to be in possession of the prop erty.-Where such a bill is filed. and the complainant by reason of the misdescrip- tion asserts only an equitable title, it is not necessary. in order to maintain said bill, that she should be in possession of the property alleged to have belonged to her; since she has no adequate remedy N at law.
 4. Reformation of deed by correcting mistake in description of land, at in- stance of subsequent purchaser; prior to request for correction.-A court of equity will reform and partially cancel a con veyance of lands, by correcting a mis- take in the description. at the instance of subsequent purchaser of the portion enormously included. on clear and dis tinct proof of the mistake and reasonable diligence on the part of the purchaser in discovering and applying for the correc- tion of the mistake: and it Is not neces- sary to allege a prior request for the correction of the mistake, when facts are stated which show that 1t would have been a vain and useless formality.
 5. Bill to correct misdescription of land; when court will grant full relief by foreclosing mortgage.-When a bill is filed by one who Is a purchaser and also mortgagee. to have corrected a mis- description of lands in a deed from the vendor and mortgagor, so as to exclude from said deed the land conveyed to the complainant by deed, and also the land conveyed in a mortgage which was held by the complainant If there Is presented a case of the exercise of the courts Jurisdiction to reform and correct the deed, the court will grant full relief to the end of foreclosing the mortgage, If the complainant establishes by evidence a right to the correction of the misdescrip- tion of the property conveyed in the mortgage.
 Reversed and rendered.
 Opinion by Tyson, J.
The Montgomery advertiser., 1904-03-11
Rev. T. A. Washington Passed
 Away in Montgomery.

Rev. T. A. Washington, presiding elder of the A. M. E. Zion Church, and one of the best known negro preachers in Alabama, died early yesterday morn ing at his residence, POI South Holt street. after lingering illness
 Weathlngton was good man. who was respected by whites and blacks alike. He was a native of Tallahassee, Fla, and was 50 years old.
 Twenty Years Washington had served in the ministry of his church. For some time he had charge of Old Ship Church on Holcombe street. He was also once in charge of Mount Zion Church and of Zion Star Church. In recent years he had been. presiding elder of the Brewton district of which the Montgomery churches are a part.
 Washington is survived by his wife, two sons and a daughter. He will be buried Sunday afternoon at 1 o'clock and the funeral will take place from Old Ship Church.
The Montgomery advertiser., 1904-03-11
a+ .l " RETHEA

BETHEA ct al, V. BETHEA. Petition in Chancery Suit fer Ascertain
 ment of Rent for Use and Occupation
 of Land Purchased at Judicial Sale.
 Appeal from the City Court of Mont
 gomery, in Equity.
 l. Tenants in common; sale of land Tor partition and distribution; purchaser en- titled to rent for use and occupation Where land owned by tenants in common is sold at a partition sale and is puT- chased by one of the tenants i'll com mon, who pays the purchase money, but after such purchase other tenants in common remain in possession thereof, the purchaser is entitled to recover from the occupants the value of such use and oc- cupation; and his right to recover the value of the use and occupation is nct affected by the fact that from a decree confirming the sale, there was an appea taken and the occupants executed a sd persedas bond, thereby postponing his right to possession, the decree appealed from being affirmed.
 2. Same; same; value of use and oc- cupaticn can be deducted from the oc. cupants share of proceeds of sale-II such a case, the Chancery Court whlcf dccrecd and confirmed the partition sale may. upon petition by the purchaser, Ca. duct from the shares of the proceeds oi the sale of the tenants in common wnc remained in possession of the property the value of the use and occupation ana refund that amount to the purchaser.
 Affirmed.
 Opinion by Mcclellan, C. J.
The Montgomery advertiser., 1904-03-11

the subject of the inquisition existed at said property. Held: That upon such
 facts, the judge was not incompetent to
 preside in the inquisition proceedings. and
 that the petition for mandamus to com pei him to so certify. was suUyect to de- murrer and dismissal. Affirmed. Opinion by Sharpe, T.
The Montgomery advertiser., 1904-03-11
Coaches Stouch and Blount are In
 structing Their Men.

structing Their Men.
 University, March lo.-(special.) l.)-The Philomathic Literary Society, at it's reg ular meeting last Friday night. elected the following officers for the ensuing term: President, J. V. Boyles. 'e4; Vice President, R. E. Tidwell. 'o5; Secretary and Treasurer. J. w. Mcleod. 'C6.
 The baseball practices each afternoon continue to engross the interest of the student body. The candidates for the team have been divided into four separ- ate squads, and hotly contested scrub games are the order of the day. Coach Stouch has been here for nearly a week. but has not yet had time to size up the different players. The indications are that the team this year will be good one. though hardly up to last years standard Of the members of last year Varsity, six are now trying for the team -McMahon as catcher, Robinson at sec ond base, Caffey at short, Ellington AS pitcher, and Young and Smith in the field Several of the new men are show ing up in good style. among them being Hearn as pitcher, Davidson at first base and Barnes at third.
 For the past ten days Coach Blount of the football team has had several of the prospective candidates for next years Varsity out in uniform for preliminary practice. Only light work has been done however. the object being to acquaint the new men with the rudiments of the game The newly elected officers of the Kent Club for the third term are J. c. Gra' made, President; w. H. Hawkins. First Vice-President; R. H. Scrivener. Second Vice-President; J. R. Bell, Critic. and W. o. Sanderson. Secretary and Treas | urer.
 The local members of the Sigma Mphs Epsilon fraternity celebrated the forty eighth anniversary of the founding o | their order a. an elegant banquet giveT in the McLester Hotel parlors last night
The Montgomery advertiser., 1904-03-11
pinion by Mcclellan, c. J.
THE STATE V, YoITNc.

THE STATE V. YOUNG. Habeas Corpus Proceedings.-Appeal from
 the City Court of Selma.
 1. Arson; constituents of offense.-Ar- son Is an offense against the possession rather than the property itself; and one who is in the possession and actual occu- pancy under a lease of the house al- legged to have been burned by him. can not be guilty of arson.
 Affirmed.
 Opinion by DoWdell J.
The Montgomery advertiser., 1904-03-11
hSNeTSSu anu ASiAislAAt'SN Opinion by Sharpc, J.

ToLLESON, ct al. V. THE STATE. Summary Proceeding upon an Appeal
 Bond from a Justice of the Peace
 Court.-Appeal from the City Court
 of Montgomery.
 1. Appeal from conviction before Jus tice of the Peace; sufficiency CT bond; summary judgmcnt.-Tte bond which the statute prescribes for the taking of an apeel from a judgment of conviction by a Justice of the Peace. Code Sec. 464O) is, in effect, an appearance or bail bond, and the designation of the term of court at which the principal is required to ap- pear, is essential to a substantial com pliance with the form of the bond as prescribed by statute, Code. Sec. 435); and, therefore, the omission Tn such an appeal bond to state the term or the court at which the defendant was to ap- pear, renders the same fatally defective as a statutory bond. and for that reason such bond is not subject to enforcement by summary statutory remedy.
 Reversed and rendered.
 Opinion by Dowdell, J.
The Montgomery advertiser., 1904-03-11
Head-Notes Qf the Decisions
 @ Alabama Supreme Court.

issues upon which the case was tried involve no question of fraud, 1t is not permissible for the defendant, upon the cross examination of the plaintiff as a witness, to ask him what he paid for the goods which were shipped to the de- fendant; such question calling for ir- relevant and .mmaterial evidence.
 4. Sale of goods; when no implied war ranty is shown.-When goods are sold by sample, and the goods supplied core spord with tte sample. and 1t is shown that the purchaser purchased the goods in reliance upon his own knowledge of the kind and quality of the sample and not upon any representation or warrant of the seller, there is no implied war ranty on the sellers part that the goo Is be suitable for the purchasers purpose.
 Affirmed.
 Opinion by Sharpe, J.
The Montgomery advertiser., 1904-03-11
Rubber Articles
 Of Special Interest to Ladies.

Our Rubber Department contains many articles which are not only valuable helps but actual needs to ladies who desire to retain that youthful appearance so dear to the heart of women.
 Baileys Massage Rollers, 44c | BaiIeys Complexion Brush. 44c.
 Cupping Glasses used to develop the face neck and bust, 25c and 35c.
 Russian Rubber Sponges, 35c to $l5O
 Rubber Face Mask, $2.OO
The Montgomery advertiser., 1904-03-11
TROY GROCERY COMPANY v.

TROY GROCERY COMPANY V. POT
 TER & WRIGHTINGTON. Action of Assumpsit-Appeal from the
 Circuit Court of Pike.
 l. Action for price of goods sold; sulii- ciency of plea.-In an action for the pir- chase price of fish sold by plaintiffs 10 the defendants, who were wholesale mel . chants, a plea which ayers that the trav- cling salesman of the plaintiff represent ed that the fish were to be packed in kits containing ten pounds of fish ea2H, but that the fish when received by tEe defendants were in kits containing SIX and eight pounds each, and which fails to show that the defendants sustained any damage from these facts, is insufi- cient as a defense and subject to je- murrer.
 2. Same; samc.-In such case plea which ayers that the travelling salesman of the plaintiffs warranted that the hsn purchased by the defendants would kcep sound for twelve months, but there IS no averment to show that such traveiing salesman had authority to bind the plain tiffs by such warranty in their behalf, IS faulty and subject to demurrer.
 B. Same; same.-A sale does not nec- essarily imply warranty as to cond'- ton; and in an action to recover the purchase price of fish sold to whole sale dealer, the mere averment in pisa that there was warranty on the part of the plaintiffs that the fish would De packed in such manner as to keep Tor several months, while, as a matter or fact they were not so packed is odt the averment of a conclusion of law; and in the absence of averments of facts which show that there was warranty, such plea is defective and subject to de- murrer.
 4. Pleading and practice; when p.ea enormously stricken A plea which IS not frivolous and which, while setting up a defense similar to another plea to which a demurrer has been sustained, but is so framed as to be of different character to other said plea, should not, upon motion of the plaintiff, be stricken from the file. upon the ground that it was substantially the same as the plea to which the demurrer had been sIs- tained; though such plea should be de- fect!ve the defendants should be pointed out by the demurrer.
 Reversed and remanded.
 Opinion by Sharpe. J.
The Montgomery advertiser., 1904-03-11
NEGRO PREACHER DEAD.

ROLLER CHAMPION.-The Flour the best cooks use, fri-tu.
The Montgomery advertiser., 1904-03-11
SPORTS AT THE UNIVERSITY.

Opinion by Tyson. J.
Northern Wisconsin advertiser. [volume] (Wabeno, Wis.) 1898-1925, 1904-03-10
Rubaiyat of Incidence.

ut never pays to rustic much" said
Lazy Ezra Fox, sittin' round the cor
ner on an empty cracker-box. 81 don t
believe in stirrin' up a lot o. noise at
all, fer often too much energy'll bring
about a fall. Now, there's the flea
his energy jist gits him scratched to
death. The hen that works too hard
for worms is first to lose her breath
The pig tibet fights the hardest fer the
corn throwed in the sly is first to fat
ten, first to sell an first of all to die
The horse that tries to do it all soon
works hisself to bones. The dog tibet
does the barkin' is the one that gifts
the stones. No, sir. this workin' hard
amt right. l don't keer what they
say. An hour er two of works enou2 \
say ev'ry other day" And then he
tilted 'gainst the wall his empty
cracker-boX an soon wus snorin' reg
lar like-ole Lazy Ezra Fox.-Pilgrim.
Northern Wisconsin advertiser. [volume] (Wabeno, Wis.) 1898-1925, 1904-03-10
THE CARS vIcERoY.

London World-Admiral Alexeff IS
clever NTH, however. although he is
certainly no genius; he has keen eyes.
clear head and considerable skill in
the management of his fellows, es-
peeially such of them as hail from the
East. He knows to a nicely exactly
how to deal with the half-civilized:
how to combine threats and cajolery
when to use flattery and when to use
brute force. He is haunted by nc IN.
timely scruples in his dealing with
them, fact that not only increases
his prestige among them E;t gives
him a certain advantage over lost
Westerners. In his eyes. whether
there are few thousand more or Ii, S
yellow folk in the world is a matter
Of no Importance whatever. We're he
told to put whole Eastern province
to the sword he would do so without
moments hesitation.
Not that he is cruel; on the con.
trary, he is by nature humane rather
than otherwise; only, for one thing,
he locks on yellow folk as beyond the
pale, and for another. he holds strong.
ly that it is not for him to question
the orders he receives. For, strangely
enough, considering his present posi-.
ton. Admiral Alexieff's most marked
Characteristic is his instructive obedi-
ence to his superiors. No medieval
monk was ever more strongly imbued
with the conviction tina. he must do,
exactly what he was told to do than
is this twentieth-century viceroy
And this conviction is a valuable gift
for one who wishes to make his way
IN the world in latter-day Russia, es.
pecially when, as in the Admirars
case, it is combined with another gift
that of interpreting the orders Of
his super:ors precisely as they wish
them to be interpreted. you need
have no fear of Alexieff,' Russian
who knows him and his ways well ex.
claimed, when some of his fellow
countrymen were rending the heavens
with their cries at the iniquity of max.
ing him Viceroy; ''the people you
have to fear are those who give him
his orders"
Northern Wisconsin advertiser. [volume] (Wabeno, Wis.) 1898-1925, 1904-03-10
hundreds of Women Cured by Pe-ru-na
of Annoying Catarrh.

TAR. HARTMAN has probably done
Dmore than any other physician
toward popularizing means of
escape from the facial deformities, such
as watery eyes, twisted nose, offensive
breath, dry. cracked lips. due to the
ravaging effects of catarrh.
He has made chronic catarrh life
long study. His remedy. popularity
known as Peruna. is the most famous
remedy for catarrh in existence.
Probably there is not a man or women.
boy or girl. within the bounds Of the
United States that has not heard Of Pc
runa. BY far the largest majority have
used Peruna.
The multitude of people that have
been cured of chronic catarrh by using
Peruna can never be known.