davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-31
SUPREME COURT DECISIONS

Montgomery, May 3O.-(Special)-In the
case of the Louisville and Nashville rail-
road VS.. W. L. Perkins from the cir
cult court of Butler county. the supreme
! court has sustained the action of the
lower court in giving a verdict for dam
ages in the sum of $4,000, and thereby
hangs a tale The first trial resulted in
a verdict for $1,000, but on the motion of
the railroad company this was set aside
and a new trial given, which has in
creased the amount $1,000 with all of the
penalties of delay added
| In the case of the Woodstock Iron com
pany vs. j. l.. Stockdale, from the Tai
! ladega court a verdict for $50 is sus-
tanned against the iron company for the
damming of a creek above the place OF
Stockdae. He alleged that this stoppage
of water caused him to have to use more
from his well than it would stand, and
that because of this he was greatly dam
aged. His wife became i'll and he had
other troubles. The supreme court held
Justice Anderson's opinion, that there
could be no recovery for the mental an
guish resultant upon the Illness of the
wife, that mental distress caused by
sympathy for another's suffering is not
Il recoverable element.
The fun list of the decisions follow:
Mcclellan. c. J.-West Point Mining
and Manufacturing company VS.. Susan b.
| Allen, appeal from Lauderdale chancery
| court: reversed, rendered in part and re-
handed.
| HARRISON, wv. A. Bozane, ct al. VS..
J. Willie l.. Daniel. pro ami. appeal from
~
Dowdell, J.-Southern Railway company
VS.. j. +. Hill, appeal from Birmingham
city court; reversed and remanded
Anderson, J.-Sloss- Sheffield Steel and
peal from Birmingham city court; af-
irmed.
Iron City Mining company, ct al. VS.
James A. Hughes, appeal from Calhoun
circuit court; reversed and remanded.
Louisville and Nashville Railroad COM
pany vs.. W. l.. Perkins. administrator
appeal from Butler circuit court; af-
| frmed.
Woodstock Iron company VS. j. L.
Stockdae appeal from Talladega city
court: affirmed.
Charles G. Abercrombie VS.. Fourth Ma
| tional bank. appeal from Montgomery
city court; affirmed.
George Malone, ct al. VS.. Ida r. La
| Croix, appeal from Limestone circuit
| court; reversed and remanded.
r. L. Evans. administrator, VS.. John
| Silvey & Co, appeal from Clebourne
ohancery court: reversed and remanded.
| benson, J.-Charley Ard VS.. r. G. Crit
| tenden, appeal from Covington circuit
| court; affirmed.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-31
Criminal Court.

Judge A. A. Coleman. presiding;
The jury in the case of Charles NJ Nor
gan VS. Henry Mansfield, on trial in the
circuit court, Judge Coleman presiding
has not yet made a report. Suit was
brought on an account alleged to be due
the plaintiff.
Today's docket;
No. 2170-Francis Bush VS.. Birmingham
Railway Light and Power company. Dam
ages. Gibson & Davis; Hugh Morrow.
No. 23S2-Little Warrior Coal and Coke
company VS.. Foster Douglass Appeal by
defendant. II. H. McCl~lland; Frank S.
White e. Sons.
No. 23s3-Little Warrior Coal and Coke
company VS.. John Doyle. Jr Appeal by
defendant. H. H. McClelland; Frank S.
White & Sons.
No. 23s4-Little Warrior Coal and Coke
company VS. Allen Fomby. Appeal by
defendant. II. H. McClelland Frank S.
White & Sons.
No. 2522-Mrs. A. H. Lockwood VS.. Carl
Roegner. Appeal by defendant. Peyton H.
Moore; Frank Deedmeyer.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-31
DAVID M. ROSS GETS
GOOD PANAMA JOB
Illinois Central Man Is Made Purchas.
ing Director of the
Canal.

Chicago, May 3O.-David NJ. Ross, gen
eral superintendent of transportation of
the Illinois Central, has been made pur-
chasing director for the Panama canal.
The place is considerably ore of great
power and responsibility in view of the
millions of dollars worth of supplies that
will have to be bought during the years
of the canals construction. and the pos
sible tariff trouble involved, which have
already been discussed by tie President
and Secretary of War.
Mr.. Ross will move at once to Wash
ington, and will have headquarters there
after June l. Mr. Ross rise If raiiroading
has been exceptionally rapid Within a
comparatively few years he became as
sistant to the second vice president of
the Illinois Central. Mr.. Ross also acted
as purchasing agent for the road. and
was finally given charge of its transporta-
ton department.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-31
ACREAGE DECREASE
IS 1901 PER CENT
Commissioner Poole Issues
Statement on Alabama
CONDITION is 70 PER CENT
Thinks the Excessive Rains Have Done
What the New Orleans conven-
ton Failed to Do for
the Cotton Crop.
CONDITION is 70 PER CENT

Montgomery, May SO.-(special)-I
rerort issued today by Commissioner of
Agriculture R. R. Poole it is shown that
the reduction OF acreage in cotton in the
state, as compared to last year. 121 per
cent; of commercial fertilizers used, s
per cent; condition of crop, 70 per cent;
season three weeks late crops grassy in
bad shape
Commissioner Poole is distressed over
the outlook for cotton and thinks that
the excessive rains have done what the
New Orleans convention failed to do in
reducing the acreage. In fact he believes
that there will be a large falling off be-
cause of the wet weather which makes
1t impossible to get at the grass, and
places the conditions at this time as worse
than at any time in thirty years so far
as the grass is concerned Many fields
already planted will have to be plowed
up and not a few will be abandoned en-
tirely. The full text of Mr. Poole's adj
dress follows:
Department of Agriculture and Industries,
r. r. Poole, Commissioner, Montgomery,
Ala, June 1, 1908.
Owing to the widespread interest in
the cotton situation, this department has
| made an extraordinary effort to obtain an
accurate report of conditions as they ex-
list in Alabama. We have received re-
ports from about five hundred of our
correspondents. and from these reports
We find that there is a reduction in acre
age of cotton of 1901 per cent as COM
| pared with last year.
| We have received reports from fertlli-
Ter manufacturers showing that per
cent of the entire sales of fertilizer tags
will be returned to this office for redemp-
/ ton; the amount of fertilizer carried
Ger. now i'm the hands of merchants
and upon which tags have already been
| placed, will amount to about per cent
making a reduction of per cent in the
use of commercial fertilizers as compared
| with last year.
Cur correspondents begun sending In
their report about May Is, since that
| time excessive rains have fallen through
out the enter state, making the crops
very grassy and difficult to cultivate;
every correspondent reports labor scare.
and not sufficient to cultivate crops
planted.
The season is about three weeks late.
From reports recei7-e1 and from all In
formation we can gather. we would place
conditions of the cotton crop at 70 per
cent.
Owing to weather conditions consider
allie land now planted in cotton will be
abandoned, causing a further reduction
in acreage.
There has been an increase of per
cent in ACREAGE PLANTED in corn: stands
are good and The hiA corn Is very fir
bit bottom corn has suffered from ex-
cessive wet weather
! All minor reps and gardens are in
! good condition. We will endeavor to
include this in our July report.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-31
JOHN RANDOLPH NO
LONGER IN CUSTODY
Shooting Was Clear Case OF
Self Defense
TESTIMONY Is ALL ALIKE
Continued Threats Had Been Made
Against the Defendant BY Judge
Randolph In the Pres
ence of Witnesses.
TESTIMONY is ALL ALIKE

Montgomery, May 30.-(Speeial )-After
two hours Of a preliminary trial before
Justice of the Peace M H. Srews this
morning, John Randolph who shot and
instantly killed his cousin, Judge +. G.
Randolph last Saturday, was adjudged
not guilty of an offense and was dis
charged without being asked to make
bond The justice held that it was
clear case of self defense and that the
accused was forced to shoot to save his
own life, as shown by all the witnesses.
There was good crowd in the court
room when the case was called at 10
O'clock this morning. John Randolph
came into the room with deputy sheriff
and took his seat along with his attor-
neys, Hill & Hill, Rushton & Coleman
and Goodwin & Mcintyre The state
was represented by Solicitor S. H. Dent
and his assistant, Temple Seibles.
Several witnesses were examined. all
of whom showed that the deceased had
made repeated threats on the life of the
defendant and had told on several oc-
casions that he intended to kill him.
Reese Martin, at whose bar the dead
man had been just before he was shot,
swore that Judge Randolph said that he
was going to kill John that afternoon or
be killed himself.
James P. Armstrong said the judge told
him last Friday that he was going to
kill John or be killed by him. This was
the whole tenor of the evidence. 1t
showed that the deceased had said fire.
quently that one or the other would
have to die.
As soon as the decision of Justice
Screws was made up he announced it,
having adjourned court and returned to
his office beforehand, and the friends
of John Randolph crowded around him
and offered congratulations. He was
driven to his office amid the good wishes
of great crowd who had gathered to
see the end of the trial.
Justice Screws gave 1t as his opinion
that there was nothing In the evidence
but what conclusvely showed that the
killing was done In self-defense and that
John Randolph was forced to do as he
did to save his own life
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-31
Attempts to Escape From Jail.

Gadsden, May 3O.-(Special.)-B
Knigton, a desperate prisoner confined in
the county Jail here, was prevented today
from making his escape from the jail. In
some manner Knighton had secured "a
fine steel saw and had succeeded milling
off an old patch on the cell where he was
confined and was ready to make his es
cape when the jailor found the patch
cut off. He was placed in another cell
and searched and a saw and knife were
found concealed in his clothes. Knighton
is held on several serious charges.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-31
Test Value of "War Paint"

Annapolis, Md, May Gone of the
tests during the coming joint maneu-
yers will be as to the value of war
paint" as compared with the regular
coatings for war vessels. With this
test in view, the monitors Nevada,
Arlansa and Florida, now at the naval
academy have been painted the lead
color used on vessels during active
holilities. The other vessels of the
feet will retain their present colors.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-31
NOTICE

Effective June lst, Eastern
Division Express will leave
Birmingham as follows: For
East Lake, Woodlawn and
Gate City, 800 A. M, ll:OO
A. M. and 800 P. M. For
East Birmingham. $500 A. M.
and 500 P. M. For North
Birmingham. loo F. n.
B'ham R., L. & P. Co.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-31
WestmorIand SanitarIum


the Whisky
opportunity? You will
left whether
the treatment There
Whisky Drugs Tobacco
Wesmoand
hundreds letters
life The Snaium located Huntsville
a arrange
absolutely
Huntsville
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-31
PRESIDENT RETURNS.
Trip From Brooklyn Was Without
Special Incident.

Washington, May 30.-President
Roosevelt returned to Washington al
GIG p. m. tonight from his brief visit
to Brooklyn, where he participated in
the Memorial Day exercises. He oc
cupied a special car attached to the
regular train over the Pennsylvania
railroad.
The trip from New York was made
without incident, the President re-
naming in his car, reading a portion
of the time. On reaching here he en-
tered his carriage with Secretary
Loeb and was driven to the White
House.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-31
REAL ESTATE TRANSFERS.

The following real estate transfers have
been filed in the probate court:
Bette Eborn ct al to r. F. Carr, lots
to 49, inclusive, block Is. Martins addi-
ton to Birmingham Ensley. Considera-
ton s14OO.
Norman Webb ct al to John II. 1,obin-
son, lots / and 3 block 5, Webb & Wood s
South Highland subdivision. Considera-
ton $4,000
Mrs. Bama Anderson to r. f. Carr lot
10, block s. Woodlawn. Consideration $780,
Agnes F. Leatherwood and husband to
James A. Emery, lot 8. block 107, Bir-
mingham Consideration $1,000.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-31
THE LEGAL RECORD.

vision. Suit is brought for 1875 for an al
legged illegal ejectment.
SECOND DIVIsION-Judge Charles w.
Ferguson presiding:
The case of the Birmingham Matinee
club VS.. M. F. McCarty is still on trial
in the second division, before Judge Fer
guson.
John Dlggins files suit in the city court
against the Woodward Iron company
asking for damages to the amount of
$1,000 for alleged personal injuries. The
plaintiff files similar suit in this court
against the Birmingham Railway Light
and Power company.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-31
Take up Russian Constitution.

st. Petersburg, May 30.-The COM
mittee of ministers today commenced
the consideration of the plan of a
constitution of the national assembly.
1t is possible that If the news of the
Russian naval disaster reacts serious
ly on the temper of the people that
there may be an early announcement
on this subject.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-31
pleasure Of travelling.

Any trip is a pleasure to those who
travel over the Chesapeake and Ohio rail-
way. The best OF equipment. excellent
service, quick time. beautiful scenery.
Finest dining car service. Polite atten-
ton. Convenient schedules. Every com
fort the most exactlng traveller could
wish. New York tickets permit stop-over
of 10 days at Washington. Baltimore and
Philadelphia also the famous Virginia
Hot Springs. 11-11-fri-su-we- II
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-31
BELLEVUE HOTEL
Lookout Mountain, Gadsden, Ala.

1900 feet elevation. Freestone. lithia,
chalybeate, and sulphur waters. Best
and only up-to-date summer resort in
the state. Under the direct supervision
and management of LOUI HART.
Summer tourists rates: Round trip week
end tickets. One fare family looks, rs
tickets. s2l Opens May l.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-31
WaIthour Is Delicate d,

Revere, Mass, May 30-Hugh Nc
Lean of Chelsea defeated James Mo-
ran of the same city and Bobby
Walthour of Atlanta in 25-mile
motor-pacel race at the Revere cycle
track this afternoon, the winners
time being 80 minutes SO seconds.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-31
The Usual WAY,

From the London Sporting Times.
Lets turn back. There's Jack! I
don't want to meet him. The other day
| asked him to lend me a sovereign.
"And he refused?"
ION the contrary. Come on!'
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-31
WaYneSyiIIe, North Carolina.
Altitude $3.50 feet.

Altitude $3.50 feet
For over fifteen years the most popu-
lar health and pleasure resort of the
mountain section of North Carolina, in the
celebrated Land of the Sky"
'BEAUT1FUL HAYWOOD"
WHITE SULPHUR SPRINGS HOTEL
B. J. Sloan. Owner and Prop.
Season opens June 6. under the same
management as last year.
Accommodation limited to $50 guests.
Cuisine and service unexcelled. Rates
moderate.
For illustrated printed matter etc, ad-
dress
MRS. z. J. RING, Manager.
Waynesville, N. c.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-31
BLOUNT SPRINGS HOTEL

season now open. The place to spend the
summer. Hotel renovated and nut In first
class condition. Sulphur baths. bowling,
tennis court, pool and billiards. Owns
and operates dairy AID livery. Rates 81
per day sl050 per week.
BLOUNT SPRINGS HOTEL co.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-31
Chancery Court.

Chancellor A. H. Benners. presiding:
The following cases were disposed Of
yesterday:
Oscar Tammler vs.. S. c. Brinkmeyer.
ct al passed to June s.
Rachel Pope VS.. Zelphia Ann Pope;
passed.
sharrach Jordan vs.. Bette Jordan; con-
tinued.
Pratt Coal company VS.. William Bibby;
passed
The following cases were set for hear
ing Wednesday;
Greedy Vines, ct al. VS.. G. B. Vines,
ct al
Tennessee Coal, Iron and Railroad COM
pany VS.. ]. Lowery.
Ella Brown VS.. J. w. Bush ct al.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-31
Citv Court,

FIRST DIVISIoN--Judge Charles A.
Sem, presiding:
The damage suit of Mack Parsons VS..
the Louisville and Nashville Railroad
company, is still on trial in the first d.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-31

When II prints good, It Is a good en-,
The Gawk Engraving Co.
Der Deutsche correspondent. [volume] (Baltimore, Md.) 1841-1918, 1905-09-26

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Der Deutsche correspondent. [volume] (Baltimore, Md.) 1841-1918, 1905-09-26
I'M critcn 3luei0c

I'LL tIltClt 0lUtlHe
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rid Hoo0 bis 5llr @cslcp StroBc;
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sur 2omboro-S troBe;
bon &rn. &oifman cincn ollcnt.
lidcn SpicIplot 5miid)cn @orrcn.
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lperocn;
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Der Deutsche correspondent. [volume] (Baltimore, Md.) 1841-1918, 1905-09-26

ties iiir Yoli5ci iiber Ole &cror0ntng,
nen &erfolf BON Neuolpcrn 81 regltIi.
rem, 0oh inn eritcn 3lpeiae @cronldi.
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6urd, cine Gbnlihc &Crnromlng lid)
oie Gerbredcn In Muibington INT
80 Ero5ent ucrnlln0crt bitten. Die
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ld)iCben. &r.@ rccn mcintc, Doa Gomitc
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gen. glllItla rlnbcridtct; cbcnio Die
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Der Deutsche correspondent. [volume] (Baltimore, Md.) 1841-1918, 1905-09-26
Sno W@CtiCr.

Sir Mornyouo mo Den 0iitrift
Gohmbiu tijblca @cttcr mo n0roli
DE Nin0c.
Ser b0ditc (bcrmomcteritono mar
- NruO nm I llbr 9tod)nlittoN2.
Ger nicorjlitc Recommendations
mar 60 @roO nm & llbr WorQcu2.
WIjttlcrcr W0romctcrlton0 3OOt.
Ger b0hitc Recommendations Der
lcBtcn 81 StmOcn IN nodiolGcnocu
St00tcn mar mic iolat: Goitport 5G,
Hortlnn0 %, Bolton GO, NIbonU IS,
9tcm. })ort 81, &urriSburg GG, Nbila
nclpbia GS, Ntlantic-Gitp 20, Cape
Man 20, Muibington n, NorioIl 81,
SattCro@ 50, Charlotte Sc, MilminNs
OIL 81, GbnrlcItou 81 Sopnmnb Sc,
&ndionuilc 81, ,Sirpiter IS, Seen l8cIt
Sc, Ntlontd IS. montgomery %.
NcmzS Orleans IS, Foleltinc 90, Sol.
neIton 80, Corpus Ghriiti IS. Wtcnl.
phi3 Sc. Cincinnati -, Eitt5burQ Ga,
N@lucgo 81 buffalo 80, GIepcIono 5S,
Qctroit Ga, gllpcno 5G, WiorQucttc 30.
@recn Non IS, Chicago GO, GulutG
81, Ct. Foul q, Ct. 2olliS 7G, aorr
ioa-Gitp S6, Omobo ST, 3lrron GO,
Ni3mord y, Miaiiton 76, SABRE 20,
Nelcno GS, Sult @otc 20, Genpcr 50.
Nortb FIottc IS, Qo0Qc Sc, 9lmoriQo
81, Cos @lnAclc1 IS.
Der Deutsche correspondent. [volume] (Baltimore, Md.) 1841-1918, 1905-09-26
2ufal6rrihtc ans @aibinntOm.

Contention Ser yFptbiaS-
HittCr."
Der Deutsche correspondent. [volume] (Baltimore, Md.) 1841-1918, 1905-09-26

cilitdtcn iiir sic Baltimore, 9llnlopo'
lis & @oibinNton" mo Die grpIonte
Baltimore X Nrc0erid GlettriiDe
Nohn," lujc tic pon Nrn. 9rolpn on0c-
reut morOcn lporcu, $4,000 foitGn
Wiir0Cn.
Der Deutsche correspondent. [volume] (Baltimore, Md.) 1841-1918, 1905-09-26
Wr. 12i, pn.Walttmore-et rake

YalIaac . Notariats OcIomcd)icl.
bureau. Sdiifsfarten iiir ale
inien. 8~eiiepdiie, Wediel,
@elepedieI nno @Ioienounsen
(4prtla.1O
Der Deutsche correspondent. [volume] (Baltimore, Md.) 1841-1918, 1905-09-26
GcnnN's fciu ocrDitcte GaficcS

pcroen IN alien Stnbttbeilen bon
Baltimore p~erfauft. Die por5iiglldIe
NilolitGt lulo mGBigeu EreiIe MAIDEN
oicieIben ecrnbe5ll berii9mt.
So .&cnnD So, SBcc, &affer, Shder.
tslpriI5,i9iSoSa)