davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1905-10-01
Montgomery Proof.

Mrs. J~HI Cheatham. wife of, ]. H. Cheatham, tho " well-known carpenter of 30 Cleveland Ave.,% says: My husband was troubled with his back and kid neys for soma years. He suffefed with pains through the small of his back, which were more severe at night than any other time. If he stopped over 1t hurt hip. and when he caught cold his back was always lame and sore. The action of the kidneys were irregular at times and caused him a great deal of annoyance He used many different remedies, some of which benefited him and others which did not. When read about Doan's Kidney Pills I went to E. O. Fowler's Drug Store. 10 Dexter Ave, and got a box. He found them to be just exactly as represented. They relieved the pain in his back and help ed him in other ways. He is recom- mending them to his friends"
 If you wish to try Doan's Kidney Pills. free of expense, write to Foster Milburn Co.,, Buffalo, N. Y. for trial box.
 EiIburu Co.,, Buffalo, N. Y. propss.
The Montgomery advertiser., 1905-10-01
BIRMINGHAM RAILWAY LIGHT & POWER co. vs. JOHN E.
 RUTLEDGE

 Action by Passenger against Street
 Railway for Damages for Personal
 Injuries.
 1. Action by passenger against street railway; evidence of number of passen- gers on car, when admisslble.-In an action by a passenger against a street railway a count in a complaint which ascribed plaintiff's injuries to the wan ton and reckless negligence" of defend ants employees in charge of the car on which plaintiff wss a passenger, in that they caused the car to approach and cross a railroad track without stopping knowing that train was approaching on such track and that 1t would prob ably cross defendants track without stopping and that there would be a col lision between the train and the car and that the probable result of the col Iision would be injury to the passengers on the car. evidence that the street car was at the time crowded with pas sengers was pertinent as supporting the alleged probability and the em- ployer's appreciation of 1t that pas sengers would be injured by the col- lision.
 2. Same; when comlaints of pain by injured passenger admissible.-In an action by a passenger against a street railway for injuries caused by a col usiou between the car on which plaint-
The Montgomery advertiser., 1905-10-01
Ship BuIldinE Boom.

London, Sept. 29.-Orders for 1,o0S tons of shipping have been placed with Clyde builders during the present month, while 44,000 tons of new ships were launched during the same period. This boom Is due to the expectation of a great increase in the far eastern trade now that the war is over. The Scotch iron and steel makers are full up with orders and new work can only be placed at an advance of $2.70 per ton. The wages of the workmen are rising.
The Montgomery advertiser., 1905-10-01
Physicians Recommend Castoria

PASTORAL has met with pronounced favor the physicians pharma-
 ceuca societies and medical authorities It used Ky physicians with results gratifying The extended of Castoa unquesonab the result of three facts: E.the ndputabe evidence that is harmless:
 ooha not only aIays stomach pains and ques the but am
 ood zhd agreeable and perfect substitute for Castor Oil
 absolutely sa does not contain any Opium Morphine other narcotic does supe is unlike Soothing Sps Bmans Drops Gos Cordial This good deal for Medical Journal say Our du how eve expose danger and record the of advancing health The day for poisoning innocent children through greed ignorance ought to % To knowledge Caoia remedy which produces composure and h by regulating the by peng and readers entitled to the information He0HM t E
The Montgomery advertiser., 1905-10-01
TAYLOR SMITH V. THE STATE OF
 ALABAMA,
Indictment for Murder.

Indictment for Murder. l. Pleas in abatement may pc nie1 after plea to merits in discretion of lower court; when record shows filing. Where the defendant had pieaqed 10 the merits the trial court in its oes, erection could permit the withdra"al
The Montgomery advertiser., 1905-10-01
testate.--Appeal from the walker Countv law and Faulty Court

testate.-Appeal from the Waiker
 County Law and Equity Court
 l. Trial and its incidents; wnen struck jury demanded parties entitieo to have competency of jury ascertain ed.--In the trial of civil case, where one of the parties demands a strnck jury, and one of the juries in attend ance has been asked by the court as 70 the competency. of the several Jurors eomposinr 1t. and the court orders the sheriff to serve upon each of the parties a list of the twenty-four jurors in attendance upon the court. 1t Is error for the court to refuse upon the re- uuest of the party demanding struck 1ury to ascertain, by inquiry of each of the jurors composing the other jury. whether or not any of them were in- terested in either of the parties to the suit, or related to any of the counsel of either party to the suit.
 Reversed and remanded.
 Dowdell. J,
The Montgomery advertiser., 1905-10-01

plaintiff is entitled to recover nominal damages, but as he could in that event only recover nominal costs this court will not reverse the judgment for fatl- ure to award such damages.
 Affirmed. ''=
 Opinion by Tyson, J.
The Montgomery advertiser., 1905-10-01

dence adduced on the trial. there being but one conclusion open to the jury that the plaintiff was injured through the negligence of defendants employe In bringing car of which they had control and on which plaintiff was passenger, in contact with an engine runig on the bisecting track of a rail- road company, the court properly gave the affirmative charge for the plaintiff.
 II. Same; same: when not error to re- fuse charge.-Where the affirmative charge on the case generally was given for the plaintiff. the refusal of the court to charge in favor of defendant, on one of the counts of the complaint, If error. involved no injury to the de- fendant.
 12. Same: same; jury judges of dam ages to be awarded.-In such a charge that "the jury are the sole judges of the damages to be awarded" is cor rect
 IS. Same; same: non-recoverable items of physician's bill.-The fact that some of the items which made up the bill rendered to plaintiff by his physi- clan. for services. are not recoverable in this cause. does not warrant an in- struction to the jury to disregard the doctors bill.
 Affirmed. :-s+..
 Opinion by Mcclellan C. l.
The Montgomery advertiser., 1905-10-01
ETowAH MINING co. ct al, vs. WILLS
 VALLEY MINING & MFG. co. Bill in Equity to have a Lien Declared

6AOW AT MlNlNG CO. eI al, VSs w LA1l@c
 VALLEY MINING & MFG. co. Bill in Equity to have a Lien Declared
 on Trust Property.-Appeal from
 the Gadsden City Court, in Equity.
 l. Mining contract; when lien can not be declared on trust property.-The owner of an iron mine leased 1t to a mining company. and the lease author ized the mining company to take ore from the mines. and the company agreed to pay a royalty on all ore taken therefrom Subsequently, and during the existence of said lease, the mining company made a final assignment for the benefit of its creditors, and the lease, with other property, was trans ferred to trustee, who was authorized to continue the operation of the mine and to pay the royalty as provided by the lease. The royalty due was never paid either by the mining company or the trustee; and the bill was filed by the owner of the mines to have prior lien declared in favor of the owner upon certain property of the mining company. Held: The bill could not be maintained. The mining company new CT ceased to be liable to the owner or the mines. who could have acquiesced in the assignment and demanded the royalty of the trustee, or could have refused to look to the trustee and have demanded the royalty from the mining company; therefore the owners remedy was by an action at law. and no lien was reserved in the lease contract ana none was given by law.
 Reversed and rendered.
 Simpson, J.
The Montgomery advertiser., 1905-10-01
Opinion by Mcclellan, c. J.

SID W. BLACKBURN vs. ALABAMA GREAT SOUTHERN RAILROAD co Action by passenger against carrier to
 recover damages for carrying him
 beyond his destination.
 l. Nominal damages; failure to award. when not reversible error- Where there is no important right to be vindicated by the awarding of nomi- nal damages. the failure to award them is not a reversible error, unless the plaintiff would be entitled to recover full costs.
 ?. Same; same: case at bar-In an action in case by passenger against a carrier to recover damages for carry ing him beyond his destination, and it appears that the plaintiff was put off one mile from his home and was com pelled to walk about one mile further than if he had been put off at his des- tination. that he suffered no incon- venience and was put to no expense, the
The Montgomery advertiser., 1905-10-01
NORvELL vs. STATE Ex Rel. BROTH ERTON

Quo warranto ceedings-Appeal
 from the Circuit Court of Walker.
 1. Constitutional law; act repeating act establishing Walker County Law and Equity Court unconstitutional A notice, duly and regularly publish ed, that application will be made to the next Legislature to repeal the act creating the Walker County Law and Equity Court" does not sufficiently set forth the substance of the act, approv- ed March 6. 1903. in purporting to repeal the act establishing the said Walker County Law and Equity Court, in that it gives no notice of the pro- visions contained in Section of the repeating act requiring that "all cases pending upon the non jury docket shall be tried by the Judge of the Circuit Court, without a jury"
 Reversed and rendered
 Dowdell, ]. s
The Montgomery advertiser., 1905-10-01
HOWARD vs. DEEMS.


 Action of Detjnue.-Appeal from the
 Circuit Court of Covington.
 1. Landlord and tenant; when no lien attaches.--where a landlord does not seek to enforce his lien by attach ment as prescribed by statute Code, Sec. 2717). but sues the tenant in as- sumpsit in such q proceeding no lien attaches to the property before the is- suance and levy of an execution upon the Judgment recovered; and no title to the property of the tenant Is acquired by the purchaser under execution until after sale hereunder.
 g. Mortgage; when lien superior to title of purchaser at execution sale.- The registration of a mortgage Is con- structive notice to a subsequent pur- chaser at execution sale; and the lien of recorded mortgage is. therefore, superior to that of a purchaser at ex- ecution sale against the mortgagor un- der an execution issued after the regis tration of the mortgage.
 3. Action of detinue; when unneces- sary for value of several items of prop erty to be assessed-In an action of detinue, where the testimony as to the value of the property sued for Is with reference to the whole. property, and there is no evidence before the jury as to the value of several items of prop erty. 1t Is impracticable for the jury to assess the value of the several items of the property sued for; and in such case. where the verdict is upon the property as a whole, it is not error for the Court to render judgment accord ingly. assessing the gross value of the property.
 Affirmed.
 Haralson, J.
The Montgomery advertiser., 1905-10-01
HeAd-Notes Of the Decisions
 ef Alabama Supreme Court

:, prosecutrix.-In such a case, where there was evidence that defendant was overheard to tell the prosecutrix that he loved her. that he visited her fre- quentiy for several years, that after the commission of the offence he left the community that he wrote letters to her containing acknowledgements | of his relations with her and of his promise of marriage, the jury might have found that the prosecutrix was l corroborated within the requirements of the statute, and a charge instruct ing the jury to acquit the defendant for want of such corroboration, is properly | refused.
 l II. Same: same.-In such a case A charge is properly refused which in- structs the jury to acquit the defend- ant unless the prosecutrix yielded on account of promise of marriage where the jury might have found that she yielded as the results of "arts" or 'hat1ery." IF. Same; same; corroboration of prosecutrix.-In such a case it is not necessary for the prosecutrix to be corroborated. by other testimony as to the promise of marriage. and 1t is suf- ficient if she Is corroborated as to either of the material facts so as to satisfy the jury that she was worthy of credit
 1S. Same; same.-Charges which are contradictory, confusing or involved are properly refused.
 14. Same; same; willingness of prose- cutrix.-In such a case. a charge is properly refused which instructs the jury to find the defendant not guilty if the prosecutrix was willing to commit the offence. since such willingness may h. h | tery.
 15. Same; same.-where the oral charge of the court is not set out this court will not pass upon the correct ness of charge given at the instance | of the solicitor-that the written charges given for the defendant are not in conflict with the oral charge.
 Is. Motion In arrest of judgment; when properly overruled.-Irregulari ties in the formation of the jury are waived If not objected to before the trial Is entered upon. and a motion in arrest of Judgment because of such irregularities Is properly overruled.
 Affirmed.
 Opinion by Simpson, J.
 J. D. MATHIS vs. A. J. THURMAN Action In detinue to recover certain tools-Appeal from the City Court of Talladega
 l. Loan of personal property; effect of three years possession as to pur- chasers or creditors-In order for a purchaser or creditor of one who is in possession of personal property, under loan not in writing, to obtain the benefit of the statute, which provides that as to such persons the borrower will be considered the owner after three years Code, Sec. 1013), 1t Is necessary that the purchase should be made or the debt contracted after three years from the commencement of the loan, and the statute does not apply where the purchase is made or the debt con tracted anterior to the making of the loan, or before the expiration of three years from the date of the loan.
 Reversed and remanded.
 Anderson, J.
 K C. M and B. R. R. Co.,. vs FERGU- SON. Admr.
 Action against railroad company by
 adminlstratix to recover damages
 for alleged negligent killing of in
The Montgomery advertiser., 1905-10-01

 Bill in Equity to Annull a Deed of
 Trust.-Appeal from the Chancery
 Court of Lauderdale
 1. Equity Jurisdiction of courts {; State courts without Jurisdiction to annul conveyance of land situated in other States.-The courts of this State have no authority or Jurisdiction to set aside or annul as fraudulent a convey ance of land executed by a corporation under the laws of this State, where the lands conveyed are situate in another State.
 :. Corporations; formalities and ex- ecution of conveyance for benefit of the stockholders Of the corporation {; and if the stockholders acquiesce in a conveyance in which the necessary for malities have been disregarded, other parties cannot complain.
 Reversed, rendered in part and re- manded.
 Mcclellan, c. J.
The Montgomery advertiser., 1905-10-01

PINCKARD vs. AMERICAN FREE
 HOLD LAND MORTGAGE co. Bill in Equity to Correct a Mortgage
 and to Foreclose the Same.-Appeal
 from the City Court of Montgom-
 cry In Equity.
 1. Covenant of seixin; right of action for breach thereof not assignable.-The covenant of seizin does not run with the land. and Is broken. if at all. upon the execution of the conveyance; and the damages arising from the breach of the covenant of seizin do not inure to subsequent grantees. and the right of action for the breach of such covenant is rot assignabie to subsequent pur-. chaser. Affirmed.
 Tyson J.
The Montgomery advertiser., 1905-10-01
STATE vs. TowERY Et Al.

STATE vs. TOWERY Et AL Habeas corpus proceeding-Appeal from
 order of the Probate Judge of ?. Madison County.
 1. Habeas corpus; the statute giving the State authority to appeal constitu- tional.-The statute giving the State the right to appeal from Judgment or order in certain habeas corpus pro- ceedings. where the petitioner is dis charged or admitted to bail Code, Sec. 4314), is constitutional and valid
 3. Same; when order admitting peti- tioner to bail will not be reversed-In a habeas corpus proceeding for the pur- pose of securing bail where there is conflicting evidence as to whether or not the petitioner is guiltyfof murder in the first degree. as charged in the indictment. the order of the judge in the petitioner to bail will not be reversed unless 1t appears from the record that his action was manifestly and clearly erroneous.
 Affirmed.
 Simpson, J.
The Montgomery advertiser., 1905-10-01

K. c. M. and B. R. R. Co.,. vs FERGU-
 SON. Admr.
 Action against railroad company by admin istratix to recover damages for alleged negligent killing of in-
The Montgomery advertiser., 1905-10-01
SO ID E TT F T II T. E F
 WELL PLEASED PRAISES 'DO @ AM 'S klDNFn PiLDs
MISS TYLER's NOTE.

: Fester-Milburn Co. f
 My experience with your val- uable reneAy has been equaliy Grafifying to bsth nyself and friends. M
 (sis,eA) ODETTE TYLER.
The Montgomery advertiser., 1905-10-01

odette Tyler is one of the best play CTS of the smerican stage Her work is finished and artistic. Charles Froh- man found her one of his most popular stars. Last season Miss Tyler wrote. produced and played the leading role in successful romantic drama, The Red Carnation." Miss Tyler's tsstf- mony for Doan's Kidney Pills is note
 worthy recognition of their merit. for she has always been 10th to allow her name to be published in this manner.
Los Angeles herald., 1905-10-04
Hotels and Lodging Houses

FOR sALE-RIGHT IN TOWN, FUR.
good tenants. good furniture; all out
side rooms, running water: above the
city. beautiful view pure air. Two
500 per month, The owners are mining
men and going to the mines. VIII give
you the best bargain In the city for
$2300 See the owners. McFATRIDGE
BROTHERS, 319 S. Spring.
Los Angeles herald., 1905-10-04
PUBLIC ADVERTISING
Ordinance No. LLOYD

New Series.) rAt
An Ordinance declaring the intention
ef the Mayor and Council of the City Of
Los Angeles to establish the grade OF
Boulder street, from Evergreen avenue
to Dobinson street.
Los Angeles do ordain as follows:
the Council of the city OF Los Angeles
BOULDER STREET,
from Evergreen avenue to Dobinson
street. in accordance with the following
At the intersection with Evergreen
avenue the grade shall be $4,000 at the
northwest corner and $4,000 at the
southwest corner.
At point on the north side $50 feet
east OF the east line of Forest avenue
the grade shall be $4,000, and 328.0O at
point on the south side opposite there
At the intersection with Forest ave-
nue. the grade shall be 322.00 at the
northeast and northwest corners. and
S2l.00 at the southeast and southwest
corners.
At point on the north side 400 feet
east of the east line of Dobinson street
and at point on the sGuh b side sek
At the intersection with Dobinson
street the grade shall be 326.00 at the
northeast corner and 327.00 at the
And al ali points between said desig-
mated points the grade shall be estab--
lished so as to conform. to a straight
line drawn between said designated
Elevations refer to the top of the
curb, are in feet and are above plane
which Is 255 feet below City datum
Sec. 2. The city Clerk shall certify
to the passage of this Ordinance and
for. ten days in the Los Angeles Herald,
and thereupon and thereafter it shall
take, effect and be IN force.
Ordinance was adopted by the Council
of the City of Los Angeles at It's meet
ing Of September 25., 1905, .,,nm
Approved this 2Sth day of September.
4''' OWEN McALEER,
Notice of the Filling of the Assessment
for the Opening of an Alley in the
Block Bounded by Twenty-third,
dro Streets, Together With the Din
gram of the Assessment District for
Notice is hereby given that the Street
Superint tendent has filed with the Clerk
of the Council of the City of Los An
geles the assessment for the opening
of an alley in the block bounded by
Twenty-third, Twenty-fourth. Trinity and
San Pedro streets as contemplated by
Ordinance No. 909S New Series). to-
gether with the diagram of the. assess
menL OlSLTlct. ne OaI6 Oh the IlTSI
publication of this notice Is October 2.
1905. and all parties interested are
hereby required to file in writing their
objections. If any they have, to the con-
firmation of said assessment by the
City Council, with the said Clerk of the
Council within thirty days after the
Feid date of the first publication of this
notice, to wit: on or before November 2,
1905.
Persons signing objections must give
postoffice address.
II. J. LELANDE,
CITY Clerk and ex-Officio Clerk of
Council.
l0-2-11 lot
Los Angeles herald., 1905-10-04
REAL ESTATE TRANSFERS
TUESDAY, Oct. 3. 1905.

TUESDAY, Oct. 3. 1905.
C. o. Monroe. trustee, to Anna NJ,
Spence, executrix of estate of u. F
Spence. deceased--Lot 20, block d.
addition No. / to Monrovia. ...... $40
Mrs. Belle Mofftt to T. E. Keller
Lots II and IS, block NJ, Maclay's add
to San Fernando .......,......,..,$3 $375
T. E. Keller and N. L. Keller to Rich
ard w, Yarborough---Lots II and IS,
block M, Maclay's add to San Fernan-
Sanborn Howard and Sylvia I. How
Los Angeles herald., 1905-10-04
FOR SALE
j. A. MORLAN & CO.,
202-3 Fay Building.
TWENTY ACRES

FOR SALE
j. A. MORLAN & CO.,
202-3 Fay Building.
TWENTY. ACRES
This is a fine piece of land and
can be cut UP in good lots that will
sell as soon as put on the market.
The new Moneta avenue car line will
run close to this piece of property.
Price: Ten acres OF the above, with
pumping plant and improvements, at
$1,000 per acre; ten acres of the above,
unimproved. at $500 per acre.
FIVE ACRES.
On South Main street, close to the
city limits; partly improved; a good
buy; $3.50 for few days only.
THREE ACRES AND A HALF.
A nice piece of ground, fronting
on Moneta avenue; new car line will
pass the property. A bargain at 5000
per acre.
j. A. MORLAN & CO.,
2O2-3 Fay Building.
FIFTY ACRES OF LAND. CLOSE TO
city limits. The choicest, and just
ripe for subdivision. Car crosses the
property. Adjoining land already
subdiVlded.
J. A. MORLAN & CO.,
202-3 Fay Building.
Los Angeles herald., 1905-10-04
Country Property

FOR SALE AT ALTADENA, THE
foothill section of Pasadena:
$900-Three acres vacant land,
$2200--A fine corner, 250x215, on
car line. in midst of handsome homes,
$2S00-Half an acre, highly culti-
waited, with flve-room modern cot
tage, barn and large chicken yards;
one block from car.
$S200-Six acres in assorted fruits,
berries. etc; neat five-room cottage,
barn,
$65O0-Five acres, variety fruits i;
modern broom cottage, good barn,
l.. NJ. PRATT, sos Laughlin Bldg.
Altadena Property Speciality,
Los Angeles herald., 1905-10-04
BEN WHITE

your property; immense bargains; ap-
ply at once. Satisfaction and quick re-
suits ssIittsg Mem6Sr E Realty BSard gard; sGaS sKf-
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1905-01-10
Manchester H. Girl Who Found Sunday in
REPORT OF DEATHS
And Causes Forwarded BY Health Officer
Stillson to DR. Wyman.

Health Officer II. L. Stllson has
completed his report of deaths and
causes for the year 1904 and sent them
to DR. Walter Wyman, head of the
health bureau of the treasury depart
ment Washington.
Including the fifteen deaths at the
Soldiers Home the total was 100.
There were reported during the year Is
cases of tuberculosis with IA deaths;
typhoid fever, IL cases, two deaths:
measles, six cases, no deaths; scarlet
fever, 10 cases, no deaths; diphtheria,
81 cases, no deaths; whooping cough,
one case which was fatal.
There were no cases of small pox,
varioloid, typhus fever or membrane
Gus Group.
a larger part of the deaths was
caused by shocks, heart disease,
Bright's disease, etc. Including the
10 deaths at the Soldiers Home the
ratio per thousand was 49, without
them, 1911.