davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1905-09-25
Reversed and remanded. Denson, J.
CHATTANOOGA NATIONAL B. & IA ASSOCIATION v. JOHN H. VAUGHT.

CHATTANOOGA NATIONAL B. & L.
 ASSOCIATION v. JOHN H. VAUGHT. Statutory Action In the Nature of Eject
 ment.-Appeal from the Circuit
 Court of Jackson.
 1. Certificate of Acknowledgment in Conveyance of Homestead; When Void and Assailable.-In the conveyance of homestead, if there was no examina- tion of the wife and no acknowledge ment by her. before the officer making the certificate of examination and ac- knowledgement, then such certificate is absolutely void. and may be collater- ally assailed.
 ?. Same; Evidence of Falsity. When dmissible.--Evidence tending to show that such certificate Is false, and that no examination and acknowledgment by the wife was ever had, is admissible in an action for the possession of the land constituting the homestead, the right to recover being based on a mortgage to which such certificate was attached.
 Affirmed.
 Opinion by Dowdelk J.
The Montgomery advertiser., 1905-09-25

sANDIIN ct al. V. DowDELI4. ADMRX. Bill in Equity to correct Misdescrip-
 tion of Property and to Foreclose
 Mortgage-Appeal from the Chan
 cery Court of Tallapoosa.
 l. Notary public; when not shown to be de facto oficer.-Where after the date of the expiration of his term of office, one, who had been a notary public. does no official act. or attempts to perform any act as notary public, during a period Of seven months from the expiration of his term of office. and then takes an acknowledgement of a deed or mortgage, he cannot be held to be a de facto notary public; and if the conveyance is of the home stead, a certificate made by such per son is not sufficient to give validity to such conveyance although it may
The Montgomery advertiser., 1905-09-25

Rosenblatt, aged thirty, ran to her. when he was badly burned in extin- gushing the flames. He was taken to the city hospital and it said his hands may have to be amputated. The little girl was not badly burned.
 Mrs. Mary Klugmann, aged forty-six years, was burned to death by the ex- plosion of gasoline while lighting her kitchen fire today. Her body was lit- eralIy roasted and she died in great agony. Her husband, Hermann Klug- mann, and Hery Stahl, a neighbor, were badly burned in trying to save her.
The Montgomery advertiser., 1905-09-25
Anxinns tn Bee Hvitfe.

Berlin, Sept 24.--M. witte, accompa- nied by his daughter, Mime. Marych- kline. wife of the Secretary of the Russian legation at Brussels, arrived at the Pottsdam railroad station short ly after o'clock this evening and was received by the staff of the Rus sian embassy. He proceeded imme- diateIy to the Hotel Bristol, where he will reside until Tuesday. when he goes to Romentonff one of Emperor Williams hunting seats, situated near the Russian frontier, where he will have an audience with his majesty.
 Large crowds assembled outside the Hotel Bristol tonight Tn the hope of seeing the Russian statesman.
The Montgomery advertiser., 1905-09-25

CALI4AwAY AND TRUITT ,vs.4 SAI Action of assumpsit.-Appeal from the
 Circuit Court of Lee.
 l. Evidence; when statement Of an account not admissible in evtdence.- In an action of assumpsit, where the plaintiff while testifying as witness, is shown the statement of an account between himself and the defenaant' which statement was made out by him self. and after the plaintiff was asked if the statement of the account was cor rect, the plaintiffs attorney, without waiting for answer to such question: then calls the attention to the balance shown by said statement to be due plaintiff and offers said statement or account in evidence, the admission In evidence of such statement Is error; IL not being shown that the account was correct, or that the plaintih, as a w.t. ness, testified that the balance as sho"h was correct
 2. Same; same: when not error with out iniury.-In such a case. the fact that the bill of exceptions does not contain all the evidence, or does not purport to set out all the evidence, IS not sufficient to raise the presumption that there was other evidence to Justify the rulings of the trial court; since when rulings of the court on evidence are DTeSenIcQS anu SitOt ID ShhN W @A' error raises the presumption of injury and must work a reversal unless the record clearly shows that no injury could have resulted.
 g. Trial and it's incidents; written charges given at the request of either party to suit can be explained, but not nualified.-while under the statute, charges requested by either party to a suit. in writing, must be given as writ ten without any qualification by the court (Code, Sec. 332S) yet it is within the province of the court to give to the fury explanations of the charges which 1t has given at the request of party to tho suit.
 4 Same: same; case at bar.--Where. at the request of a defendant in civil suit, the court gives written charge which instructs the jury that the burden of proof is on the plaintiff to satisfy the jury to their reasonable satisfaction by a preponderance of the testimony" it Is within the province of the court to explain to the jury what such charge means, as by stating that from the evidence in this case; you must be reasonably satisfied that" and such explanation does not amount to a qualification of the charge as given hyon & Co, vs. Kent, 4s Ala. s56, overruledD
 Reversed and remanded.
 Denson. J.
The Montgomery advertiser., 1905-09-25
nirllnrui.hea Chinean cnrnlnr.

Sir chentung Lisns Chang. the Chinese minister. has been advised by eabla of the appointment at Picking of special repreaen- tatives of tho various branches of the gus- eRnment who will visit the United States and Europe to make close study of gsv-s srnmentsI systems. Most prominent e1 these officials is Tung Fong, the viceroy of Human. who during the boxer outbreak in 1900 bore a prominent part in tho EEe- teeticn of the missionaries
The Montgomery advertiser., 1905-09-25
BURIAL OF MIR. JOSEPH.
Large Crowd Paid Tribute to Dead
 Citizen.

The funeral of MT. J. Frank Joseph. who died Saturday morning, took place yesterday afternoon at { o'clock from his late residence, 320 Adams Street, Rev. c. A. Stakely, D. D.. pastor of the First Baptist Church, offlciating.
 large concourse of friends of the deceased was present at the ceremony and floral remembrances were numer- ous.
 The interment was at Oakwood Ceme- tery. The pall-bearers were as follows: Judge Thomas G. Jones, H. M. Hobbie, Fl. c. Davidson, McDuH Cain, Jr.. W. B. Stratford. W. B. Davidson, J. P. Saf- fold and H. H. Roberts.
The Montgomery advertiser., 1905-09-25
ELLIS COMPRISES.
Negro Breaks Down In "Sweat Box" a
 Birmingham.

Birmingham. Ala, Sept. 24-WilIlam Ellis. Q negro suspected of haVing committed half d dozen murders in as many southern stGAtes. broke down when placed in a sweet box" by the Birmingham police tc.Iay and confess cd to two of the murders. He says he shot a man at Somerset. Ky, nf-
 teen days ago, but did not know ne was dead until told by the police Ellis said he had been tried and acquitted of murder in GrsenYills. Miss. The
The Montgomery advertiser., 1905-09-25

police doubt this and have telegraph ed the authorities.
 In addition to these, he is said to be wanted for murder in BarnwalI county. South Carolina; Roekmart. Ga; CaIera. Ala, and a place in Southern Missis- sippi. The chief of police Somer- set will reach here tomorrow. but complications may arise over the de- livery of the negro to the Kentucky officer
The Montgomery advertiser., 1905-09-25

of SteubenviIle, Ohio. is the strongest member of his class, his total strength being represented by 1.106 kilos. Lee Carey, of Snow Hill, Md, Is second with 1.054 kilos. Both are members of the football squad. -A
The Montgomery advertiser., 1905-09-25
Naval Schools Stronr Men

Annapolis. Md. Sept. 24.-General strength tests which have been ap- piled by the medical authorities of the naval acadamy to the 230 new midship- men show that Charles F. Chambers.
The Montgomery advertiser., 1905-09-25
Veteran Messenger Boys Organize.

J. P Hall. of the Santa Fe. is organizing an association composed of men who were once mesenger boys The fist. it Is said. included Andrew Carnegie. William C. Van Horne. Marvin Hughitt. ". A. Gardner, Colonel Robert c. clowry and A. J. Earl inG.
The Montgomery advertiser., 1905-09-25

TAKE THE CHILDREN OUT to hear the Ladies' Military Band at Electric Park.
The Montgomery advertiser., 1905-09-25
Miss Woodruff

Will resume the exercises of her school. at her residence. No. POI, corner of Lawrence and Alabama Streets. Monday. October ?. Phone so1. H sun-wed
La Junta tribune., 1905-11-25
1rs,ss Of Eiiis history-

President Brown, Of the Northern
Indiana Normal School. says: Be
sides being a complete history. il
has engrayings which alone are
worth many times the cost Of the
the books. consider il one Of the
most valuable works ever offered
70 the public. hereby recommend
il To all our teachers as well as 10
every home" +"
4 great educator in the modern
Athens. Boston. Myron T. Pritch-
ard, head master of Everett School,
Boston. says: 1T Is first Of all a
complete record Of the events Of our
nations history: il is thoroughly ac-
curate; it is comprehensive and
zchoIarly: il is wholly free from
sectional bias: it Is devoid Of pad
ding: it Is intensely and persistently
interesting.
La Junta tribune., 1905-11-25
Cree, Es~ily Iesr"sI sss.s Ass'.-

Mrs. Alice Miller. Of Pueblo.
writes concerning an item in the
last issue of the TRIBUNE clipped
from the Pueblo Chieftain and head
81 Drunk for Three Years" that
il Is a decided mistake. Mrs Miller
says: Il positively deny having
made any such statement concerning
my husband. and the Pueblo Chief
tain. from which you clipped the
item. as well a. yourself. made a
grand mistake II Mr.. Miller and |
have trouble il is our business. and
ours alone, and does nSr concern the
the public in any manner whatever
viii kindly thank you TO publish
these facts in your next issue and
thereby correct the mistake.
La Junta tribune., 1905-11-25
SoMG noRG LOCAL NGnS
'raie with II. G.. Todd.

Trade with II. G. Todd.
Trade at the Palace Drug Store.
Smoke La Junta's Best" Sold
By all dealers.
Genuine Kansas sorghum in bar
rels at Carlton & Howard's.
II. ID. Garwood was a Colorado
Springs visitor last Wednesday on
business.
New stock of handpainted china.
just received. See Mrs. Il. NJ.
Spalding.
Gem" -four. best in the market.
Every sack guaranteed or money
refunded. La Junta Milling Co.
Monthly school report cards. good
for any school district in Otero
county. for sale at the TRIBUNE
office.
For RENT Four room brick
house. bath: stone stable and out
buildings. two cisterns. etc. In
quire of Scott Stafford.
Mrs. Winehauser and daughter.
Miss Gladys, left on the noon train
yesterday for their home in Pueblo.
after a weeks visit with friends and
attendance at the Catholic bazaar
For SALE Miscellaneous assort-
ment of rough lumber. used in en-
closing our new cylinder press: snap
for some one who wants to build a
coal house or small outbuilding.
Inquire at this office.
For the occasion of the Inter-
national Live Stock Exposition at
Chicago. ILL.,. December 18th to 23d.
1905, the Santa Fe will make a rate
Of s3l. 10 for the round trip. dates.
December 10th to 18th. inclusive:
final return limit. December oath.
Mr.. and Mrs. II. Woods arrived
last Tuesday from California. where
Mr.. Woods has been making canta-
loupe contracts for next year. Mr..
Woods is now interviewing the can
taloupe growers of the Arkansas
Valley. Mrs. Woods was the guest
of Mrs. Garwood last Wednesday.
For the occasion of the annual
meeting of the Arkansas Valley
Teachers Association. at Pueblo.
December 1st and I'd. the Santa Fe
will make a rate of one and one
fifth fare for the round trip on the
certificate plan: dates of sale. No
ven1ber 3pth. December lst and I'd:
return limit. December 9Th.
La Junta tribune., 1905-11-25
Greatest Of AZ ns~sespe,s.

The greatest of all newspapers is
the Daily Globe-Democrat. of st.
Louis. IL has no equal or rival in
all the west and ought to be in the
hands Of every reader of any Daily
paper. IL costs by mail. postage
prepaid daily including Sunday. one
year. $500. 6 months. $500: 3
months. sl.Jo: daily without Sunday.
one year. A.oO; 6 months. 500: 3
months. sl.oO. Sunday edition "a big
newspaper and magazine combined.
Is to 16 pages every Sunday. one
year, 500: s months. s1.c0. A
subscription for the Globe-Democrat.
at these prices. is the best possible
newspaper investment. Send your
order today or write for free sample
copy TO Globe Printing Company.
st. Louis. Mo. See advertisement
of the 'Twice-a-Week" issue of the
Globe-Democrat elsewhere in this
paper.
The Twice-a-Week issue of the
'Globe-Democrat and the Twice-a-
issue of the la JUNTa TRIBUNE. both
papers one year. only 800. Now is
the time to subscribe.
La Junta tribune., 1905-11-25
Prsssytssisn. asv. css,sd 0iuhm.

Political Redemption Through
Commercial Graft" will be the
topic discussed as Thanksgiving
Day address at Woodruff Hall to-
morrow at II a. m. by Pastor
Bluhm.
Greater America. or the Pivot Of
Worldwide SWAY" will be the topic
at 1902. m. This will be patri-
otic day and visitors of like tenn
permanent will find an open door.
Midweek service "Wednesday at
home of y. 5. Larsen. lie Ration
avenue. at 7:3o p. m. Topic: My
Chief Item for Thanksgiving"
Special attention is pointed to the
fact that the roof is finished on the
new church. that the pipe organ has
been ordered. that the work is
progressing surely, and that we
count on entering the new church in
January. As people let us give
devout thanks to God for many
favors and ask the continuance Of
his blessing upon the church. the
workmen. and all whose hearts and
hands cooperate in the task Of the
present.
La Junta tribune., 1905-11-25
Catholic. Rev ~ =. Csiisnsn.

Mas and sermon every SUNDAY
except first. at 10 a. m.
On first Sunday Of each month
mass and instruction at : a. m.
Sunday School at 3 p. m.
Evening services at 7:;n O'Clock,
except second Sunday of month. also
on first Friday for Sacred Heart
League.
Confessions every Saturday, eN-
cept the third.
La Junta tribune., 1905-11-25
Baptist Church. Rs.- s C. os.is-

Tomorrow morning the pastor
will speak on Dignity Your Voca-
ton. and in the evening on The
Unturned Cake.
Sunday School will be held at 9:45
a. m. and the young Peoples Union
at 6.45. The subject Of the Young
Peoples service will be The Prob
lens Of the City" and the pastor S
wife will lead il.
La Junta tribune., 1905-11-25
Christian Church. Re. A L Fstsu.or

We have set Sunday before New
Years as the date To begin our
revival meeting. and have secured
a. our evangelist Brother j. 7.
Stiyers. Of La Junta.
Subject for next Lords day morn
ing. Christian WatchfulneSs Touch
ing the Signs of the Times" At
the evening service the subject will
be. Natural and Spiritual Adjust
ments." Bible school. Christian En-
deavor and prayer meeting at the
usual hours. All invited To all Of
our services. and the stranger who
may tarry in the city.
La Junta tribune., 1905-11-25
Thsnsssising Service

The union Thanksgiving service
will be held in the Reformed Pres
byterian church on Thanksgiving day
Service at 1870 a m. Rev. :. c.
Davis will preach the sermon. The
invitation Is for all.
La Junta tribune., 1905-11-25
1iscsros for Sale.

Placards are for sale at the
TRIBUNE office. at the rate Of five
cents each. which read "a follows:
For Sale
Lodging
For Rent.
Boarding.
No Credit.
Bill Of Sale.
No Smoking.
DreSsmaking.
Rooms for Rent.
No Minors Allowed.
Hunting Not Allowed.
Don't Spit on the floor.
Cigarette Smoking Not Allowed.
Furnished Rooms for Light House
keeping.
Extracts from the laws required
To be posted by boarding house
keepers IL they would protect them
selves against dishonest patrons.
La Junta tribune., 1905-11-25
ss.nosi.,. aes. ". G. s.,,s.. 1.s,er

Sunday School. s;i5 a. m. Preach
ing at II a. m. Subject Of sermon.
Bread on the Water" Epwo-th
League. $50 p- m. Preaching
7:3O p. m. Subject. Heaven" A
welcome 10 all.
La Junta tribune., 1905-11-25
s.. Ans,ess, Rev. a. Usnshs.ss
SUNDAY

Services on Sunday: Sunday
School. 10 a m: morning prayer, II
a. m: evening prayer. I-;S p- n.
During the illness Of the rector Mr.
Winehell will read the services.
La Junta tribune., 1905-11-25
csuscn AssouscEnEnYS-
a.ss,~.s rr..s,,.ri... Rev. 5 Gss.r

Sermon by the pastor at II a n.
Sabbath School at 10 a m Young
Peoples meeting at $50 p. m
La Junta tribune., 1905-11-25
Get the habit Of trading with US"
THANKSGIVING

As the day Tor universal Thanksgiving
approaches. the many preparations Of
the busy household are multiplied. and
these preparations become really a
burden without the assistance of .
grocer with a conscience and his stock
and suggestions
A study of the many seasonable
dainties on display IN our Show
Window until Thanksgiving Day. will
suggest numerous desirable essential,
for Thursday, Spread.
From our full. fresh fund of good
thing, to eat. We suggest. for the
Thanksgiving treat.
Nuts. apples. oranges. bananas.
grapes and lemons
Butter. eggs extracts. spices. choco-
late. cocoanut. citron and lemon and
orange peel
Bottled pickle, and olives. salad and
meat dressings. oysters. cracker meal
and fancy cakes.
Pumpkin. cranberries. mince meat.
cider and sweet potatoes.
Sugars OF various kinds.
Your telephone order receives our
immediate attention.
Condon globe. (Condon, Gilliam Co., Or.) 189?-1919, 1905-02-09
Old Comrades Meet.

After an interval OF more than 40years
during which each had almost forgotten
that the other existed. two old comrades
Of the 9th. Kansas regiment Ia the civil
war, met in this city last Tuesday, by
the nerest chance. They were W. 3.
Myers, Of this city, and j. 9. Marshal,
OF Colorado. Mr.. Marshal was on his
way 10 Portland on business trip and
had stopped off to visit bis neiee, Mrs.
Geo. Welshons, OF Glen. Tuesday some
OF Mr.. Marshal's Clem iIiends drove
him 10 Condor TO see the best town in
the northwest and by chance he met Mr..
Myers on the street. BY some occult
power, understood only by old soldiers,
each recognized the other ~ veteran
and Hn lmpromptn reunion Was held on
the spot. II tnok but q moment for
them to discover that they were old com
rades and cronIes although neither Was
the smooth faced. husky hoy he WAS 40
Years ago when they drank from the
same canteen." The 9th. Kansas sew
plenty OF hot service along the border
In the ealy SOS. and the day was all TO
short for the reunion.
Condon globe. (Condon, Gilliam Co., Or.) 189?-1919, 1905-02-09
Was Healed by Faith.

j. A. Laird, former resident nt this
city, who left here few years ago fdr
Alaska, returned last week with tine
collection OF Eskimo goods which rank
as frst.class curiositips In this country.
tie placed the collection on exhibition
for few days and enmyed liberal pat
ronage but sold IL ont to u local curio
collector before leaving. Mr.. Laird owns
some valuable mining claims in Alaska,
near Nome and will return there in the
Spring.
MIR. Laird tells an interesting story OF
his experience while in this vicinity a
few years ago, Tie was blacksmith by
trade and while following that vocation
received an injury whieh, he says,
amounted to partial fracture OF the
spine. Being unable to follow his usual
line Of work amt failing to get relief from
ordinary treatment he secured n job
herding sheep from Condor sheep
aud after some time spent in that work
with no improvement in his physical
condition, he declded to turn to divine
power for help After few days spent in
bible study and prayer he became strong
in the faith that he was To be healeda and
when he awoke next morning he realiz-
ed that his aifliction was removed and
that he was well and strong. He at once
resigned his job and started for Alaska
where fortune has continued to favor
him.
Condon globe. (Condon, Gilliam Co., Or.) 189?-1919, 1905-02-09

VIM Head, of Rock creek, was in town
Tuesday. He says work on the new
railroad is progressing rapidly in his
neighhorhood aud that the grading and
rock work 10 almost completed.
John L. Sullivan, the ex-pugilist, has
taken to the lecture platform and is said
to be making big success of the job.
AS a slugger he could only put his OPP
ponent "asleep" but as a speiler he gets
action on the entire audience at once,
County School Superintendent Near
thur is holding an examination Of teach
ers this week at his office in the court
house, his assistants being Mrs. Lillian
Stevens and Mr.. w. +. Allen. The
class ol applicants for county papers
comprise the following teachers: Mrs.
A. H. Wells, Mrs. Maud Shipley, Ber-
tha Trimble, Lora Mckinney, Lena Tai
boy, Winifred Besl, Addie Hawes, Min
ME f. Montague, W. j. Stebbins.
Condon globe. (Condon, Gilliam Co., Or.) 189?-1919, 1905-02-09

points where light or power Is needed.
Mr.. Hollenbeck admitted this much but
stated that NJ this time he IL not At lib
erty 10 dIvnlge further information.
Street rumor has Il, however, that
the company will inelude some we'll
known capitalists Of Tacoma and that
10 addition 10 the John Day project they
have 10 view other enterprises Of large
proportions which will prove Of great i'm.
portance TO the development OF resources
Of this region. Herbert HAlstead is also
understood to be Interested In the mat
ter aud he IL Quietly putting In consid.
erable time In working mp the project.
Condon globe. (Condon, Gilliam Co., Or.) 189?-1919, 1905-02-09
Has Found Mineral.

IL Condor destined 10 become min
ing center M we'll as = great wheat and
stock shipping point2
This Is the question that 10 keeping
busy the puzzle corner In the brain Of
more than enc citizen lately, and there
are not few who are already answering
the question IN the affirmative.
r. NJ. Hanratty 10 one Of these and he
claims 10 have good foundation FOR hls
belief, Some time ago Mr.. Hanratty
started IN dig well on his property In
Wards addition near the race track, W.
lievinR that u strong dow Of water
could DO found we'll Of this character
IL would furnish a greater supply Of
water and therefore be more valuable
than one Of the more modern drilled
wells. Al heavy expense he has con.
timed TO prosecute the ~ork until q
depth Of 70 feet has been reached but
without result 80 far aa securing the
coveted flow OF water ls concerned. A
few days ago the workmen struck new
strata Of rock the appearance ol which
at once attracted Mr.. Iianratty's atten.
tion, II 10 dark Rrayish in color,
heavy ~ iron ore and has the appear
anee Of containing mineral. Mr.. Han
ratty became interested and showed
some samples TO numerous OF his friends
all Of whom at once concluded there was
something In H." An expert pro.
uounced the stuff manganese ore worth
$75 per ton and within "A bonrs every
scrap Of Information ohsalnahle regards
Ing this mineral was hunted out OF en-.
cyclopedias aud geological reports and
all seem TO agree In describing manga.
nese as being u material bearing strong
marks Of resemblance 10 the output OF
Mr.. Hanratty's we'll. Samples have
been sent TO the state geulogist aud also
90 u prominent assayer IN Nevada to be
assayed aud the results are anxiously
awaited by Mr.. HAnratty and others
who are interested. Monday, so II Is
said, u sample Of the rock WAS roasted
aud was found to contain large quanti.
ties Of gold IN addition TO the manganese
and since that discovery WAS made the
real value OF the rock cannot even be
estimated until the returns from the rs.
savers are received.