davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1905-08-20

c. L. Downer, a timer. yesterday af- ternoon fell from the cornice of the New Exchange Hotel to the scaffolding feet, and lives to tell the tale. Not wfthstanding his frightfull fall. Downer suffered no serious injuries and if no unexpected complications arise. his re- covery from his bruises is only a matter of week or two.
 The fall of Downer was one of the most remarkable accidents that ever occurred in Montgomery. He was standing upon a raised platform out of the seventh story window of the New Exchange. one of the windows which is upon the top floor of the hotel. While at work upon the cornice, the platform, without a moments warning, gave way and Downer shot through the air like a piece of lead. In his flight through the air, Downer accompanied a piece of plank which had formed part of the platform. a circumstance which prob- ably saved his life. A fellow workman, in describing the accident as he saw #. said: "Downer rode the plank as he came down. At any rate. one end of the plank struck the lower cornice work of the hotel just above the second story and the force of the fall was in a meas ure broken"
 Notwithstanding this, Downer was slammed with terrific force against the scaffolding on the first story. He lay for awhile stunned. and as If. dead. but he was conscious when his fellow work CTS reached him, and he retained con- sciousness throughout all his experi- ences.
 Downer was carried to local infirm- ary, where, 1t was said last night, he was doing quite well and on the fair road to recovery. It was considered that his injuries were not important enough to wire his relatives in Indiana.
 Downer is a young man, probably 22 years of age. He came from the North to Montgomery about two weeks ago. He secured a place with Webber & Johnson, who have the contract for the tin and cornice work of the handsome New Exchange Hotel. He was engaged in cornice work yesterday when he fell, although his regular work has been putting on tin roofs.
 A series of fatalities apparently lead up to the accident of, yesterday. Tn the first place, the work on the top cornice had been completed except for two small details. Around the cornice the plans call for series of lions heads worked out in galvanized iron. The original order for the lions heads turn ed out two short of the necessary num- Der. The two extra lions heads arrived yesterday and the cornice man was put to work to have them set in place.
 The two missing pieces were to go on the extension of the cornice around the southwest corner of the building over-
The Montgomery advertiser., 1905-08-20
WESTERN UNION TELEGRAPH COM.
 PANY V MERRILL

PANH " MEHR1LLL
 Action for Damages for Failure to De-
 liver Telegram.-Appeal from the
 Cleburne County Court.
 l. Damages for failure to delivery telegraph message; evidence; presump- tion.-When a message is handed a tel egraph company for transmission, the presumption is that the sendee lives within the limits of free delivery. or that the sender takes the risk of de- for delivery at a greater distance. And for delivery at a greater distance. And handing in such message. without ex- planation, casts no duty on the trans mitting operator other than to forward the message with accuracy, and proper diligence. And 1t casts no duty on the receiving operator other than to copy the message correctly, and to deliver 1t with all convenient speed, if the sendee resides in the free delivery limits.
 2. Same; same; same.-A failure to send a telegraph message raises the presumption of negligence on the part of the telegraph company, and casts upon 1t the burden of overcoming the presumption: and If the company wish es to avail itself of the defense that the residence of the sendee. and place of business. were beyond the free de- livery limits of the company. 1t should plead and prove that fact. A failure to start the message IS Dreacn or the entire contract.
 B. Pleading and practice; demand for jury trial.-An act requiring that when a jury trial is desired, 1t must be de- manded upon the pleading. does not make such demand a part of the plead ing, and is not mandatory. Such de- mand Is not pleading within the scope of rule {. page l186 of the Code. and 1t is not necessary that 1t be signed by the party, or his attorney.
 4 Evidences examination of wit ness; opinion and coneiusions.-Opin- ions and conclusions of non-exDert
The Montgomery advertiser., 1905-08-20
CHINA IS RESPONSIBLE.

Pekin, Aug. l-It is learned upon good authority that the American government has notified China that all negotiations for a new convention to discuss the Chinese ex- elusion act will be discontinued until the anti-American boycott is stopped and has also given notice that China will be held responsible for any loss sustained by reason of the boycott.
 The Chinese authorities state that they will take energetic steps to stop everything of an illegal or disorderiy character. but that they cannot stop tho boycott,
The Montgomery advertiser., 1905-08-20
Consumptlve Was Drowned.

New York. Aug. 19.--Frederick Ham, mann. a Brooklyn clerk, who was sent to Vienna at the expense of a weii- known newspaper editor some years ago to be treated for consumption apd who was pronounced cured on his re- turn, was drowned yesterday az Rock away.
 Hammann was m expert ana had been praetIcing long distance swim ming. While some distance out from the beach he was taken with cramps and drowned before assistance could reach him. His body has not been 1e- covered.
The Montgomery advertiser., 1905-08-20
NO REPoRTs HEARD.
BPitish steamshiD AthOs ia sttli fla
 Southern Seas.


 New York, Aug. 19.-No news has yet been received from the British steam ship Athos, now long overdue at this port from southern waters. and much uneasiness is being felt for the safety of the vessel When last heard from the ship was drifting with crippled engines about 450 miles to the east ward of Jacksonville, Fla. That sec- ton of the ocean is Q well frequented one and there are hopes that if the crew have been unable to effect re- pairs one of the many vessels which sail those waters will fall in with the cripple and give her tow to tho near est port
 Besides Captain DolisOn and his crew of twenty-seven men, there were also on board the ship when she put from Port Antonio, Jamaica, for New York, James A. Donald. Jr. the l4-yeaT-0ld son of the owner. and one of hts school mates from Brooklyn. If no word Is received within the next few, hours 1t Is expected the Navy Depart ment will send out vessel to search for tho Athos.
The Montgomery advertiser., 1905-08-20

keep himself free from all par tisan entanglements Mir. Jerome proposes to run as independ- ent candidate, as the exponent or the law-abiding citizens. irrespective os party affiliations. His friends have ta- ken the cue, and are Yallytng nooly 70 his support. The anti-Tammany elee rnent, however, has not given up hope yet, to change Mir. JeFome's decision and to Induce him to accept the nomi- nation for Mayor. The personal friends of the District Attorney do not believe that he cen be persnaaea so run for Mayor, but in outside circles there Is a lingering hope that Mr. ye" rome will change his mind when the nomination Is offered to him in man ner that would convince him that the independent voters of the city were fealiy anxious that he should make try for the Mayoraity.
 The question of how to cool and par,- fy the stagnaut air in subway tunhets seems to be as far from its satisfactory solution as over. Beyond placing few utterly inadequate fans in some or the stations, the company operating tne subway has done nothing 10 aoate the trouble. That the public ts not VIII ing to put up with the existing condt- tions In the tunnel Is apparent rom the fact that the number of persons using the subway has fallen oH at a tremendous rate. As it is, the suoWay offers very little relief to the eongest~ ed condition of the surface and ele- vated lines. and Is practically abortive as a transportation line.
 The Delaware & Laekawanna Rail road has displayed considerable enter prise in the emergency which arose when its terminal station in Hoboken was destroyed by fire. Judging from the statements made by the officials Of the road, the fire. instead of ealam- ity, was really a blessing in disguse. It appears that the railroad company had been contemplating extensive im- provements, including the erection of a fine and adequately spacious terminal station with ferry slips and office build Ings for a long time and had even the plans for the contemplated structure ready, The officials say that the difii- culty of removing the old structure and providing temporary terminal accom- modations to be used while the new structure was building. was the only cause which had delayed the carrying out of those improvement plans. The difficulty has been removed by the fire of last week and. 1t is stated, the work on the new station will be taken 70 at once The new building is to be as nearly flreproof as 1t can be made. IT will be of steel and conerate through out. and the walls will be covered with copper on the outside. The main walt ing room will be 100 feet square and 64 feet high. with great windows on
The Montgomery advertiser., 1905-08-20
IMMIGRATION
 ON INCREASE

New York, Aug, 19.-And stiiI they come. Notwithstanding the fact that the European governments do not fav- or immigration and are trying their best to make 1t as difficult as pos sible, and in spite Of the fact that the American authorities keep a sharp lookout to prevent undesirable for eigners to slip into the country. the immigration is increasing at an enog- nous rate. The number of immigrants during the fiscal year which ended June 30, was 1.027.42l, an increase of 25 per cent over last year and 20 per cent more than in 1903. The ratio of exclusion was somewhat higher, being l1,56S, against 7,760 in 1908. The greatest increase was In the number of immigrants from Russia This is owing partly to the war with Japan, the inner disturbances in Russia. and the constant persecution of the Jews in many parts Of the empire. The class of immigrants coming from Russia is not very desirable, but more so than a large percentage of the im- migrants coming fro mcertatn parts oe Austria and Italy.
 The ruins of st Thomas Protestant Episcopal church on asIstocfatic Fifth avenue are still smouldering. but there is already a movement on foot to erect a new structure on the site of the old one, more magnificent even than the church destroyed by fire. Ac- cording to the statement of well in- formed persons a fund or half a mil lion dollars has already been sub scribed for the purpose, and in a few weeks or months plans for a new church will be ready to be submitted to the patrons of the church, among whom are some of the wealthiest men and women of the Fifth avenue dis trict.
 The desperate efforts of the health authorities to prevent the spreading of the typhoid fever epidedIm pFeva- lent in Brooklyn, have not been suc- cessfuI so far. and the situation is be- ginning to be quite critical. It seems that Bath Beach, Bensonhurst and Ul- mer Park, situated on the Brooklyn beach, extending from the Narrows to Coney Island, from the center or heart of the disease district. There are va rious theories concerning the cause of the epidemic The most plausible is that persons living in the beach dis trict insisted on bathing at the wrong side of the tide, when the water back ed up by the rising tide was strongly contaminated by the contents of the numerous sewers emptying in the bay. The infected area Is constantly spread ing and 1t Is feared that before long the epidemic will gain a foothoid on the Manhattan side. Should this hap pen the result in the oVercrowdaa and
The Montgomery advertiser., 1905-08-20

ali sides. A great eoncourse. which will hold 39.000 people, will give access to the second deck of the ferry boats. The building will also contain an enner- gency hospital and fine baths.
The Montgomery advertiser., 1905-08-20
sTAFsKY V. SOUTHERN RAILWAY
 - COMPANY

Action of Trover-Appeal from Bir-
 mingham City Court
 l. Trover; conversion.-Conversi is the gist of an action for trover; and to support the action there must be a concurrence of the right of property, general or special, and of possession or the immediate right of possession, in the plaintiff at the time Of the conver- sion. If defendant exercises a domin- ion over the property in exclusion or defiance or plaintiffs rights, that Is a conversion. be it for his own or anoth- CTS use.
 2. Sale; rescision.--A wrongful re- fusal by the buyer, to accept goods. au- thorizes the seller to rescind the sale. keep the goods as his own. and recov- CT the difference between the market price at the time and place of delivery and the contract price.
 3. Trover; estoppel.-Where a buy CT and consignee of goods refuses to receive them from the carrier. and the latter. acting in good faith delivers them &o the seller, the buyer is estop- ped from suing the carrier in trover for the goods. @
 Affirmed. .#s ..:
 Opinion by Denson. !.
The Montgomery advertiser., 1905-08-20

proceedings pending in this court, not otherwise disposed of at this term of court. be and the same are continued generally until the next term om this court"
 Affirmed
 Opinion by Tyson, J.
The Montgomery advertiser., 1905-08-20

Weat Sides would be appalling. Up to the present time there have been nearly two thousand cases of typhoid i'm this city and about four hundred deaths caused by that disease.
 According to an authoritative state ment, one of New York's multi-million- aires who takes great interest in art, has offered to the Fine Arts Federation and the National Academy of Design the sum of $l,500,000 for the purpose of erecting a magnificent art institute upon the site of the Lenox Library or, if possible, in a location even nearer the heart of the city. The purchase of a suitable site and the erection of large art palace will cost in the neigh borhood Of three million dollars, and, as soon as the prelimiDaries have been arranged. the trustees of the two insti- tutions will make an effort to raise the required sum.
 The savings banks of the city of New York contributed S66.635,19O of the sea- 50s,427 increase in the total resources of the savings banks of the State of New York for the year ending June So 1905. This left but S2e.s76,227 increase for the banks fin the rest of the State. Of the New York City gain the banks of Manhattan furnished $54,078,9S9, and those of Kings County $l2.556,20l. Every savings bank in Greater New York save one shows a gain in re- sources during the twelve months which ended June 30, 1905.
 There is probably not another man in New York who has as many staunch friends and, at the same time as many bitter enemies as District Attorney Je- rome. His energetic warfare against the gamblers has made great many enemies for him among the gambling fraternity and other lawless elements, which have suffered more or less from JeFome's relentless prosecution. As those elements practically control Tam many Hall. It is easy to see that the tiger has little love for the strenuous oficial. The good citizens, who are friends Of law and order, on the other hand have the greatest admiration for MT Jerome, and have given him many assurances of their support should he desire to run for mayor at the next municipal election. Mir. Jerome evil ,ientip does not think the present time opportune for his candidacy for Mayor. In the first place he does not think that his work as district attorney Is completed to satisfy his ambition, and in the second place he does not wish to ruin his chances for the future by entering upon a campaign, the outcome of which would be decidedly doubtful He has come out with statement that he does not wish to run for Mayor, but does want to be reelected for another term as District Attorney. To
The Montgomery advertiser., 1905-08-20

unsanItary district of the East and West Sides would be appalling. Up to the present time there have been nearly two thousand cases of typhoid i'm this city and about four hundred deaths caused by that disease.
The Montgomery advertiser., 1905-08-20

witness, are inadmissible in evidence.
 5. Principal and agent; authority of agent-Nothing appearing to the con- trary, 1t will fbe presumed that the agent of a telegraph company who is intrusted with the duty of receiving messages for transmission has author ity bind 1t by his agreement as to the time for sending message, even to the extent of disregarding the reg ulations as, to the hours of opening and closing the office to which the mes sage is to be sent. ,.1.-.s :.
 6. Damage; proximate cause. Where some damage is sustained, by reason of the failure of a defendant telegraph company to send e message notifying the plaintin of the serious illness of his wife. 1t is error to charge as a matter of law that plaintiff was then entitled to recover damages for the mental anguish and pain suffered by him. since the question should be left to the jury. as to whether such such suffering, or whether the suffer- ing would have followed even In case the message had been promptly for- warded and delivered.
 Reversed and remanded.
 Opinion by Tyson, J.
 BANK OF LUvERNE vs. BIRMING-
 HAM FERTILIZER COMPANY. Bill in Equity to Declare and Enforce
 Trust.-Appeal from Crenshaw
 Chancery Court.
 1. Equity pleading; trusts: notice.-- Where a bill in equity seeks to im- press and enforce a trust upon cer- tain notes, accounts and evidences Of debt in the hands of a purchaser thereof, 1t Is without equity unless 1t ayers that at the time of the pur- chase the purchaser had knowledee or notice of the trust. And an averment that the purchaser was charged with notice of the trust" is insufficient, be- ing merely a conclusion of law drawn by the pieader from other facts al- legged in the bill.
 Reversed and rendered.
 Opinion by Mcclellan. C. !.
The Montgomery advertiser., 1905-08-20

wANTED-To rent five or six room house. close in. J. H. Kennedy, phone 2200, Dixie
 Coal Co.
The Montgomery advertiser., 1905-08-20

PICTURES framed; bring one down and let me frame it, then compare 1t with what you have had done elsewhere 1O4h Dexter Ave. up stairs. 29
The Montgomery advertiser., 1905-08-20

DRESsMAkINa-Wante experienced and
 capable help in dressmaking; will take lev apprentices, Apply at 2llh Dexter AH@
The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1905-12-14

da of ICONS paid on Jobs Nos. ST.
S2-121. George Collin"
There is undoubtedly something
mysterious about that piece of pa
per. Witness Knight swears he
found it on his desk when he en-
tered the bindery as a partner. He
knew nothing of its meaning. Part
ner Taylor never saw It until it
was shown him in the prosecuting
attorneys Office and did not know
it's meaning. Witness Edwards,
formerly bookkeeper of the bindery
at the timc of the date mentioned
on the memorandum, Oct. 10, 1904,
never saw it until 1t had been in
troduced in evidence on Tuesday.
Prosecuting Attorney Barnharts
questions carried the supposition
that it had been Fabricated"
made" but nothing was said
which would lead suspicion to any
one as the fabricator or maker.
From Mr.. Knight, the defendant
ELECTED testimony tending to show
Knights part in trying to effect
settlement of the Nethercutt-Col-
lin suit. Inference from questions
aksed would lead one to understand
that the defendant desired to show
that settlement might be had along
the line of Nethercutt taking the
5000 notes for which duplicates
had been issued to Collin, as part
payment toward $1,000, the remain.
der to be made up in cash. Knight
showed Nethercutt some gold, but
did not understand the exact
amount. He had intended to pay
it to Nethercutt.
The prosecutor incerposed objec-
ton to line of questioning COM
menced by Nethercutt intended to
establish his services as attorney
The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1905-12-14
THREW ROCK THROUGH
FRONT WATER POWER
OFFICIAL AUTOMOBILE

Judge Hinkle's police court today
saw the end of an automobile ride
in which ID. l.. Huntington, man
ager of the Washington Water
Power company; j. McCalla, his
assistant, and Charles Pyle, a rock
hauler, We're the principals.
Pyle told the story OF the ride
in court as woflows:
Il haul rock to the city and was
coming in with load yesterday
when Huntington's machine came
along. 1t was going at an awful
speed. | was driving pair of
horses which were barely broken.
They began to shy and cracked the
tongue of the wagon. They ran
into lot of soft dirt and it took
me two hours to get out. The two
men never stopped for a second.
| went out again this morning to
get load of rock and met the
auto about three miles out The
horses became frightened. The
The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1905-12-14
TAILOR WOULD FIGHT

for Collin, and the extent of them,
as basis for his claim of $1,000.
Witness Taylor told of the bind
cry transa ction. He did not know
what became OF the bindery's
books after he turned the establish
ment over to Knight. He had new.
er paid Collin any gratuity or re-
ward for business done for the
county.
Nethercutt and the prosecutors
had tilt here, during which the
prosecutor referred to the estima-
ton in which the supreme court
held Nethercutt. Later Neither
cult stated that he wanted the priv
ilege of protecting myself, which
l am absolutely able to do with
Mr.. Barnhart, or want to be pro-
tected by the court"
Regarding the price to be paid
Taylor for settlement of the bind
cry difficulty, Taylor testified to
check for $3.50, but could not re-
member ever having received 500
in gold from Nethercutt, though he
did recall hearing something about
$3.50 being offered for his interest.
He did not think he ever received
the 500 in gold. He knew that he
had received $3.50, but believed the
rest had been forced from me by
your threats Later it developed
that Edwards had told Taylor that
Nethercutt had said to Edwards
that it was going to cost Taylor
500 for every "a hours of delay in
accepting terms.
j. F. Edwards gave testimony
corroborative in all matters to that
of Taylor, little in addition being
brought out.
County Commissioner Connolly
was called to the stand this after
noon and told of conversation had
with Nethercutt in which the lat
ter said that he had it in black
and white" to send Collin and Dean
to the pen. Connolly was asked to
have Nethercutt and Taylor called
before the jury. Connolly then
carried the information to the pro-
scouting attorney. At another
time Nethercutt told the witness
they don't want to convict 'em,
but you have the foreman see me-"
Connolly notified the foreman, but
he understood that he never called
on Nethercutt. Once Connolly tax
ed Nethercutt with having left
town with Commissioner Dean, but
Nethercutt afterward asserted that
he had gone to Seattle on business,
though he rode as far as Cheney
with Dean.
The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1905-12-14
DISMISS THE INDICTMENTS
AGAINST Irwin AND K00NTz

Now the indictments are to be
quashed and the whole bug-a-boo is
over.
There is only one question to be
decided b ythe court and by the
public: Did the grand jury know
it's business and act upon sufficient
evidence, or has politics white
washed it's work in order to keep
party In power7
aDme Rumor has had much to
say of late about clean sweep in
the courthouse, a house cleaning by
the republican party, breaking up
of gangs, ETC., etc.
These rumors may never be real
lied, but it will not be the fault
of certain persons, the self-consti-
tuted front of the republican ma
chine in this county.
But these sweeping changes can
not be engineered until election
time. In the meanwhile it Is neces-
sary to keep the party's skirts
clear of scandal and to put a quiet
us upon any hydra-headed monsters
that have already come into being.
Thus are the sins Of the COM
missioners overlooked and palliated
and the indictments of county Off