davidaulloa/AmericanStories huggingface dataset:
The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-03-28
CANDIDA" SEEN AGAIN.

NTWVTW UUIV WFVINTN WEWIHV NNVT III u
Shaw's Play AZ a Sp" cial Matinee.
candida with the original cast, except
for few substitutions, was revived at the
Garrick Theatre yesterday for the first
Of three Monday matinees OF Shaw plays
arranged by Arnold DAILY and his mana
gers, Iiebler A Co The house was filled
with Shaw enthusia ste, who made II plain
that the play has lost none Of its popularity.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-03-28

Al thermometer. Is shown 10 the GnnsIed table:
The Montgomery advertiser., 1905-03-25
Entries for Today.

First race, half mile-Jim Jackson, Jack Hope, O. G. Parke, 103; Agrica H., l09; Magina, Ossineke, Lady Batchelor, Mary Mac, Massu, 100; Carrie Francis, 1nagray. Lady Charade, Pretty Girl, 1O5.
 Second race, six furlongs-Follie Der geres, Lady Vashti, Pepperdick, Platter, 1O4; Outdon. Jack Ward, 103; Fife M, 90; Bensonhurst, 10S; Mimon, 9S; Ethel, 96: Voltage, 93; Volatile, Starbuck, S7; Hilee. 107: Mordella, 9S.
 Third race. five and a half furlongs- Nina Ely. Miss Mae Day, 104; Lands downe, Ball Hornet, 106; I. Valentine, 102; Canajoeharie, 96; Belligerent, 98; U. Ed Grillo. 107; Mirthless, Atoga, 93; Platoon. 95; Chicorka Maid, 94.
 Fourth race. Anheuser Busch Stakes, mile, selling-Borak, S1: Thistledo, 110 1; Turando, 92; Never Such, 1O1; Gay Liz cite, 96.
 Fifth race. mile. selling-Flora De- voss, 99; stand Pat, 102; Sorrel Top, S6; Captain Neroth, S9; Colonel Preston, 94; Payne, 109; Jimalong, 105; Ogowai, 96; Jigger. Tete Noir. Hamburger, 89; Jake Weber, 105; Chemist, 100.
 Sixth race, mile and -sixteenths, seliing-Falkland, Imboden, ST; Chap alia, Little Wally, 99; I Know, 96; Col onsay. 1O6; Cornwall. 112; Behoove. 101.
The Montgomery advertiser., 1905-03-25
BLAND vs. CITY OF MOBILE.

BLAND vs. CITY OF MOBILE. Action against Municipal Corporation
 for Recovery of Damages for Per-
 sonal Injuries.-Appeal from Cir
 cult Court of Mobile County.
 l. Charter of City of Mobile; pre- sentation of claim before suit.-In an action against a city to recover dam ages for alleged personal injuries, statement giving the name and resi- dence of plaintiff. the nature of and clements of her injuries, when, where and how sustained, and the amount claimed. is a sufficient compliance, when properly filed, with the terms of the city's charter requiring that claims be presented to the city before suit; and the fact that the concluding clause of statement agrees to accept $500 ''By way of compromise or settlement in order to avoid litigation" does not destroy the effect of the claim as statement
 2. Same; same-In such an action, 1t is necessary that the complaint should aver the presentation of the claim sued on, and the evidence of- fered must correspond with the allega- tion of the complaint.
 3. Same; same; amount claimed.- The general rule that a plaintin can recover less than he claims in his com plaint, does not apply to suits against city, where such city's charter re- quires that no claims against the city can be sued on until statement or such claim has been filed with the city clerk for consideration of the city council; and a claim setting forth one amount as damages is not admissible in evidence to support the allegations of a complaint claiming a different amount as damages.
 Affirmed.
 opinion by Anderson, J.
The Montgomery advertiser., 1905-03-25
Mortgage Sale.

Notice is hereby given that the under signed s. c. Follansbee under and by vir- tue of the power of sale contained in . oer- tnin mortgage, executed by Bettie Barron and her husband. F. B. Barron to the said @ c. Foiiansbee on the 9th day of February, 1so1, recorded in book 169 of mortgages, page sl4, in the office of the Probate Judge Of Montgomery County, Alabama, will offer for sale to the highest bidder for cash on Monday. the 1Tth day of April. at 12 o'clock noon, at the Court Square Fountain. in the City of Montgomery Alabama, the follow ing described real estate situated in the City and County of Montgomery. and State of Alabama, to-wit. The North one-half of lot five (5) according to the plat of Watts- vile. being the N. | of E. # of N. E. fronting fifty (5o, feet on the East side of width one hundred and thirty-five d36) feet. and more particularly described as fol- lows: Beginning at a point on the East aide of Watts Street two hundred feet South of Yougene Street, thence East one hundred and thirty-five feet. thence South fifty feet, thence West one hundred and ttirty-five feet to Watts Street, and thence North along Watts Street fifty feet to be- ginning. The said sale being for default Sn the conditions of sad mortgage.
 s. c. SFOLLANSBEE,
 sat-St Mortgagee.
The Montgomery advertiser., 1905-03-25
FAVORITES' DAY
FIRST CHOICES GET HOME AT BEN.
 NINGS.
Tommy Burns Rode Two Winners and one SecOnd-FIeld of Eight Start in the Chevychase Steeple-
 Chaae Today,

Bennings. March 24.-It was another victory for favorites at Bennings to- day, the only exceptions being in the fourth and fifth races, where horses that were close seconds in the betting took the prize. The entries were small in all but the fifth race. In this there were eleven starters. Monte Carlo was picked to win, but Little Woods took the race easily.
 Columbia Course-Brush Up, S6 (Crimmins). to 10, won; Dance Mu- sic, 94 q. Johnson), 8 to 1. second: Li- 1:1S 2-5. Anthemia G. ran.
 Second race, half mile. Columbia course--T. 8. Martin, 104 (Burns), to 1O), won; Tiptoe. 104 (Shaw), to l. second; Legerdermain. 1o7 (ScooD. 25 Ratio, Rose Croix and Henry Waring ran.
 Third race. six and half furlongs, Columbia course-Mon Amour. S5 q :. CT Burns). to 1. second; Port Arthur, 91 (J. J. Walsh), [ to 1. third. Time, 1925. Weirdsome, Loricate and Et tu Brute ran.
 Irishman. 1o6 (Fuller), 1 to 1. won; Gold Fleur 1O3 (RonfanellD. even, sec ond; Yeoman, 1o1 (Creamer), $ to 1. third, Time. 1:31 4-5. Monacodor ran.
 'F1Itn race, SIX IuTlOnSS-lAittte Woods, SS (Baird), to 1, won; Monte Carlo, 115 (O'Connell), 2 to l, second Toisan, 103 (RomanellD, Is to l, third. Time, 1:17 Girdle, Establish. Mrs |. Frank Foster. Yorkshire Lad, Hattie Day. Fairbury Carrie Jones and Ral-
 Sixth race, mile and seventy yards Sais, 11O (Burns), to 5. won; The Huguenot, IA (Fuller), 3 to l, second :; Whorler. 113 (Shaw), to l, third. Time. 1:52. Three starters.
 Entries Today.
 First race five furlongs, Columbia course-Timhurst. Preen. 10I; Trama- tor, 104; Amberjack, 99; Festoon. s4; Miss Modesty. ST.
 Second race, four and one-half fur longs, old course-Belden, Cologne, llo; Ambitious, Baby Willie. Marksman' 107
 Third race, seven furlongs, Columbia course-Arabo, 11S: McWilliams. 115: Bill Curtis. 113; Divination. III: Gold Dome. 10s: General Steward, sS; Mon Amour, S5.
 Fourth race. Chevychase steeplechase about two and one-half miles-Montrip 16S; Dragoman, Rooster, 14s; Shifter 160: Twilight 1858: Duke of Grassland Jacobet 1850; Follow On. 147. Fifth race, steeplechase, about two miles-Woden. Richelieu IT, Black Death. 1858; Judge Fulton, Gold Van 146.
 cinnatus, Warranted. 1lo; Uncle Urigh ! 1o7i IkkL 1o1. =
The Montgomery advertiser., 1905-03-25
DECISIONS OF THE
 SUPREME COURT

BIRMINGHAM BELT RAILROAD
 COMPANY V 0ERGANOUS
 Action to Recover Damages fer Per
 sonal Injuries-Appeal from the
 City Court of Birmingham.
 l. Action for negligence; sufiiciency Of complaint.-In an action to recover damages for personal injuries. alleged to have been sustained by reason of the plaintiffs vehicle being run into by one of the defendants cars, a count of the complaint which ayers that the de fendant negligently caused or allowed said train to run upon or against said vehicle or animal, as aforesaid, where by plaintiff suffered said injuries and damages. as aforesaid" states a sub- stantial cause of action.
 2. Same; same.-In such a case a count of the complaint states a sub- stantial cause of action which, after averring that the defendants train at the time of the accident, was being run in violation of a city ordinance then ayers. said violation of said ordi- nance consisted in this, viz, Defend ant caused. permitted or suffered said locomotive engine to run within the limits of said city at a greater rate of speed than four miles per hour when running Backwards; defendant caused. permitted or suffered said train to run or move in the night time without having headlight: defendant caused, permitted or suffered said train to run without causing the usual signals to be given continuously by ringing the bell or otherwise. t-t.
 3. Trial and its incidents; charges Of court to jury.-Where the court gives its charges to the jury orally, and the defendant reserves no excep- tion to any part of the charge. and af- ter having so instructed the jury, the court refuses to give a written charge requested by the defendant, but sub- sequently upon the consent of the plaintiff gives said charge, but refuses the request of the defendant to so modify the oral charge as to harmo- nize with the charge so given. such refusal of the court will not work a reversal of the cause.
 4. Action for negligence; what nec- 'essary to recover.-In an action against a railroad company where a count of the complaint Is in trespass involving the affirmative participation of the defendant in causing the injury. and there is no evidence that the de- fendant directly participated in the negligence complained of in the man. ner as stated. the defendant is entitled to the general affirmative charge in its favor as to said counts.
 Reversed and remanded
 Opinion by Anderson, J.
The Montgomery advertiser., 1905-03-25
FULGHAM V. CARTER.

Action of Trespass.--Appeal from the
 Circuit Court of Marshall
 l. Action of trespass; when principal liable for acts of agents.-In an action or trespass to recover damages for the wrongful taking of mules, where 1t is shown that the defendant was at the time of the taking a sheriff, and that one of his deputies, according to his directions. went with an officer of the United States army, to which the mules belonged. to locate the mules, and there was further evidence tending to show that said deputy assisted said army off, cer in taking the mules from the plain- tin. charge which instructs the jury that if said deputy acted as the agent and under the instructions of the de- fendant in taking said mules, and said taking was wrongful. then the defend- ant would be guilty of a wrongful talk ing. asserts correct proposition of law, and is properly given at the re- quest of the plaintiff.
 2. Same; charge as to theft of mules In such a case, the fact that the per- son from whom the plaintiff purcha ased the mules was convicted in the Federal Court for stealing said mules, is not involved in any issues, and a charge in reference thereto is properly refused.
 3. Same; same.-In such a case, a charge is properly refused as calculated to confuse the jury which instructs them as follows: Even if the jury believe from the evidence that lamar and Holmes were wrong in taking the property. and thae the property was the property of the plaintiff, Carter they cannot find verdict for the plaintiff. unless the jury further believe that lamar, in taking said property, was acting by the authority of Fulgham in the taking thereof"
 4. Action of trespass admissible in evidence of statement given by de- fendant's deputy-In an action of trespass to recover damages for the wrongful taking of mules, where it Is shown that at the time of the alleged taking, the defendant was sheriff of the county where the trial was had, and that in obedience to his instruc- tions, one of his deputies went with an officer of the United States army to which the mules belonged. for the pur- pose of locating said mules, and de- fendant's said deputy and the army of- flcer located the mules and took them from the plaintiff, written statement signed by the defendants deputy recit- ing that the mules were taken, and to which he affixed his signature, followed by the abbreviation ID. s. is admissf- ble In evidence.
 5. Evidence: examination of wit nesses-In the examination of wit nesses. questions which are leading are properly refused,
 6. Action of trespass; charge of court to jury.-In an action of trespass to re- cover damages for the alleged taking of several mules, a charge of the court which instructs the jury that If they believe the evidence in the case, they will find for the defendant as to the last mule that was taken" from the plaintiff. Is properly refused.
 Affirmed
 Opinion by Simpson, J.
The Montgomery advertiser., 1905-03-25

trator's bondsmen to recover a Judg- ment against such administrator a plea relying on the fact that the intestate's estate had been declared insolvent since the rendition of such judgment, pre- sents an immaterial issue.
 3. Judgment, against administrator; bondsmen not estopped thereby from denying want of assets.-The sureties on an administrators bond are not es- topped by judgment against such ad- ministrator, in an action against them to recover the amount of such Judg- ment, from denying that the admins trator had come into the possession of assets with which to discharge the in- debtedness.
 4. Same; same; defective 'plea.-A plea by his bondsmen which ayers only that sufficient assets did not come into the possession of the administrator to pay the Judgment against him, is de- fective.
 Reversed and remanded.
 Opinion by Anderson, J. CITY COUNCIL OF MONTGOMERY
 vs. KELLY.
 Prosecution for issuing trading stamps
 without a license.-Appeal from the
 City Court of Montgomery.
 i. Municipal corporation; license for issuing trading stamps; validity thereof.-An ordinance of the city of Montgomery requiring each merchant. doing business in said city, who shall issue any trading stamps in connection with his business, to pay " license tax of $10O therefor. and fixing a penalty of $100 for each stamp issued without having taken out said license, is unconstitutional and void.
 Affirmed.
 Opinion by Simpson. J.
The Montgomery advertiser., 1905-03-25
Ice and Domestic Coal. Montgomery Ice and
 Cold Storage Company

1B0 Tons Daily Capacity.
 2OOO Tons Storage Capacity. We are prepared to fill all orders in nar loads promptly and shipments by express packed in sacks. All orders will have prompt attention. Ofice, corner Monroe and Perry Streets. Phone 97: factory phone $50. r. HI. Moore, Pres. E. Burnett, V.-Pres.
 l.. H. Moore, Treas.
The Montgomery advertiser., 1905-03-25
The batting and fielding averages of the Pretzels last year are as follows:
MARION SHUT OUT.
Alabama Players Showed ReyersaI of
 Form and Won Game

Tuscaloosa, March 24.-(Special)- form today, shutting out Marion by the score of to 0. The Marion boys play ed their usual game today, but were outclassed. Alabama got her eye on the ball early in the game, and pound ed Word at will getting one three bagger. three two baggers and seven singles. sanders again proved his ability as a pitcher by striking out' twelve men and allowing only four hits Besides the pitching of Sanders, Barnes and Hall played the best game for Ala bama. Barnes got three hits out of three times at bat and Hall two out of the best game for the visitors.
 Caffey had his nose broken in the sixth by pitchers ball.
 Marion .... 900 900 0oo-0 3 Alabama .....1o3 200 10"-7 Il 2
The Montgomery advertiser., 1905-03-25

WOODALL ct al. vs. WRIGHT, ct al. Action against administrators bonds
 men for failure to pay decree of
 Chancery Court.-Appeal from Cir
 cult Court of Marshall County.
 1. Filing of claim against insolvent estate; applies to judgments against intestate and not to judgments against administrator.-The requirement of Section S06 of the Code that all claims against an estate which has been de- clared insolvent must be filed within six months from the declaration of in solvency applies to judgments render ed before such decree of insolven- cy against the intestate, and not to those judgments rendered against the administrator.
 2. Declaration of insolvency as de- fense by administrators sureties against judgment rendered previously to such declaration. (Acts lsss-ss. p s5s-In an action against an admiris-
The Montgomery advertiser., 1905-03-25
PLAYERS ARE WORKING
MANAGER 0,BRIEN IS DRILLING
 THE PRBTZELS.
Pitcher Gilbert Has Gone Again to His Mountain Home After Leav-
 ing . Letter-News of BasebaIl.

-
 The Pretzeis have worked faithfully the past two days and the beneficial enects began to show themselves yes- terday afternoon.
 Manager. O'Brien has had the play tes out ora and Sen signals cessantly drilled into them. Yesterday afternoon good part of the practice was taken up in drilling the pitchers The Auburn lads will face a steady team when they so against the Pret. gels this afternoon. though 1t Is said that the college chaps have a fast out fit of their own.
 Charlie Schwartz is not feeling very well and will not be in the game today. Henry Lynch. who reached Montgom- cry last night. will play second today If he Is in shape, Mickey O'Brien play ready.
 The game today will be called at 2;3o o'clock: Hale and Lee will prob up and batting order of Auburn has not been announced.
 Gilbert Has Gone. Big Gilbert has once more given taken his flight back to his happy summated Thursday night.
 Last year. 1t will be remembered.
  father said he would not let him play professional ball.
 A few months ago a letter was re- ceived from Gilbert, pater. saying that his little" son could play with Mont gomery this year.
 In a note left Manager OBrien by Gilbert he gives as his reason for go- ing home the fact that his mother is sick. He has signed a Montgomery contract and of course cannot play in any organized league, unless Manager O'Brien gives him his release. He did not say whether he would return this summer or not.
 A ticket was forwarded yesterday morning to Cy Swain. and the pitcher will reach Montgomery in the next few days.
 Cleveland. the college boy who is be- ing given a trial with the Pretzels, reached Montgomery yesterday morn ing and was at work with the bunch at Athletic Park yesterday afternoon.
The Montgomery advertiser., 1905-03-25
Chicagoans Best Birmingham.

Birmingham, March 24.-The Chicago Americans defeated Birmingham here this afternoon by score of Il to I. Fitzpatrick, Birmingham pitcher. was in the box for the visitors. Batteries: Chicago, Fitzpatrick and Sullivan; Bir- mingham, Sales, Pylant and Matthews. Chicago left tonight for Memphis.
The Montgomery advertiser., 1905-03-25
At Hot Springs.


 Hot Springs, Ark. March 24.-with the exception of Hamburger. quoted at 12 to l, none of the winners at Oak lawn today was at a better price than 3 to 1. Dr. Mccarthy, however, was the only true favorite to win. Huzzah at 2 to l was strongly played to win the handicap, which he did after. a struggle. The track was trifie slow. 90 (schaffner). , to i, won; Erma, 1o1 (H. Dickson), 12 to 1. second; Su- preme Court, ST tB. Smith), s to 5, third: Time, 1T Pa. Mary Van. Rost- off, Martins, Doty, Thisbe, Foxy Grand- ma and Walsh also ran.
 Second race. nine-sixteenth mile-Dr. Mccarthy. 1I0 (WonIerly), even, won: Wes. lo6 lFeicht), to l. second; hayenie l5ie rme T5ee b4 os Menesnsn to ChArade, Pattonville, Portworth, Lefty and Pirates Dream also ran.
 Third race, mile-I Know, 1o1 ID: nS1sna g. asoona MSn Lopas pasns To, G 121 Dickson). 30 to 1. third. Time, 1:45 1-o. Simon Kent finished third, but disquali- fled for fouling. Berry Lindon, Nan nan and Simon Kent also ran. handicap--Huzzah. 1o5 (Wonderly). 7 to 1. won; Priority. S9 (HonmanJ, 10 to 1, second; King Ellsworth. 10s GHenry), 1. to l, third. Time, 1856. CloVls' Luplh anu IeFra frma aiso ran.
 Fifth race, six furlongs-Lone Wolf, ST (Hoftman), 8 to 1, won; Marco. 1O3 ILindsey). to l. second; Miss Gun, 90 c. RusselD, IS to l, third. Time, 1:161-2 Geneva Lee, Jake Weber, Ike, Moorhen, Lady Moneus, Mexicana, Comic Opera, Delusion. Graden, Last Faustus also ran.
 Sixth race, mile-Hamburger. s2 (Hcffman5, F to I. won; olonetz, Ss (D. Boland). to 5. second; Butwell. S9 c. RusselD, s to 1. third. Time, l:45. Jovial, Major Daniels, Billy tention, Pied and Willie Collier also ran,
The Montgomery advertiser., 1905-03-25
Roosevelt,. Rihle rext.

When President Roosevelt took his inaugural oath the Bible received the touch of his lips on the verse from tbe epistle of St. James; But be ye doers of the Werld, and not hearers only. de- eeIving xour own selveA'
The Rathdrum tribune. (Rathdrum, Idaho) 1903-1963, 1905-02-24


People the world over were horria-
ed on learning of the burning OF Il
Chicago theater In which nearly six
hundred people lost their lives, yet
more than i've times this number or
over 1900 people died from pncutnon-
la in Chicago during the same year.
with scarcely passing notice. Every
one Of these cases OF pneumonia re-
suited from cold and could have
been prevented by the timely use VI
Chambcrlain's Cough Remedy. A
great many who had every reason to
fear pneumonia have warded it Off by
the prompt use Of this remedy. The
following Is an instance of this sort:
s'Too much cannot be be said in favor
of Chamberlain's Cough Remedy, and
especially for colds and influenza. !
know that it cured my daughter.
Laura, Ut q severe cold, and l believe
saved her life when she was threaten.
ed with pneumonia. w. d. WILCOX,
Logan, New York. Sold by DR.. +
Wenz.
The Rathdrum tribune. (Rathdrum, Idaho) 1903-1963, 1905-02-24
A Rough House.

Liquor, beer battles, four local
young men and Il. Il. Mcfarland, a
Lewiston attorney, combined to
make the Mountain View hotel y
rough house, Monday night. McFar-
land entered the place ut a late hour
and was set upon by tile four men
who accused him Of stealing q dog
about three years ago. A fight eL-
sued IN which Mcfarland was thrown
to the floor. He broke away and Sc
curing beer bottle, broke it over
the head Of one of his assailants, cut
ting deep cash and drawing consid-
cradle blood. Night Marshal Baker
appeared on the scene welding a
club but Was deferred from interior.
Ing. The uproar, and-thc shouts Of
murder and ssrobbers" by McTar-
land, aroused all the guests OF The
hotel. After being roughly handled
Mcfarland made his escape, and
Sheriff Doust appearing, he was es.
c0rted to the train for Spokane,
leaving his hat behind. No arrests
were made.
The Rathdrum tribune. (Rathdrum, Idaho) 1903-1963, 1905-02-24
PERSONAL MENTION.

John i. White, of Clark Fork, was
in the city Monday.
VIM. Bracken OF Athol, was greet
Ing friends In Rathdrum, Tuesday.
Mrs. A. Morris is reported seriously
Ill wieh muscular rheumatism.
R6ht. S. Manor, who is conducting
store at Post Falls, visited friends
In liathdrum, Sunday.
DR.. Stern will test and explain
your eyes free of charge at Mountain
View Hotel, Feb. %, q and %.
Il. J. Young has put up twenty
three tons OF l4-inch ice at his home
on upper Fish lake.
Mrs. A. Cook and daughter, Miss
Ruby, were visitors to Spokane few
days last week.
Miss Rena Norton, was over from
Occur d'Alene this week, visiting
friends.
klopf always buys iron beds il car
shipments from the factory. Call
and get his price on furniture.
The Rathdrum tribune. (Rathdrum, Idaho) 1903-1963, 1905-02-24
SICK HEADACHE.

This distressing ailnent results
from a diSordercd condition OF the
stomach. All that is needed to effect
cure is dose or two Of Chamber
lain's Stomach and Liver Tablets. In
fact, the attack may be warded off,
or greatly lesscned in severity, by TAX
ine dose OF these Tablets as soon as
the tlrst symptom Of an attack ap.
pears. Sold by DR.. +. Ncnz.
The Rathdrum tribune. (Rathdrum, Idaho) 1903-1963, 1905-02-24
Wreck Near Hope.

The North Coast limited jumped
the track early Tuesday morning at
Heron, Mont, a few miles east of
Hope. All but the observation car
and the front end OF the engine left
the rails. The cause is unknown, but
is supposed to have been . broken
rail. The passengers were badly shak.
en- up. The cars criscrossed the track
and tore IL up for 400 feet, but none
went over or down the bank.
The Rathdrum tribune. (Rathdrum, Idaho) 1903-1963, 1905-02-24
BELL DRAY.

Leave orders at Meat Market
for Draying. L. Chambard.
Proprietor, Ratldrum, Idaho.