davidaulloa/AmericanStories huggingface dataset:
Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1905-08-09

Washington Post: Oliver C. Mil
ler, of Davidson county, N. c., says
that two years ago many eggs were
disappearing from his hens nests,
and finally he placed door knob of
white china in nest. This, too,
disappeared, but the egg robbery
ceased. One of Mr.. Miller's tenants,
John Forshee, told him this week he
had killed a very large blacksnake.
MIR. Miller noticed large lump on
the snakes body. He cut the skin
and found the door knob. The snake
had evidently swallowed it two years
ago, and it had cured the reptiles
egg stealing propensity. Forshee
spoiled a good story and deprived
his landlord of the natural fruits of
his Investment by killing that snake.
The Kansas City Journal has an au-
thenticated story of snake that
made his nest in box in which a
bottle of whiskey was concealed and
hatched out bunch of little snakes.
If the North Carolina snake had been
let alone, Forshec would probably
have had door knobs to throw at
razor. backs.
Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1905-08-09

the bank to pay it. "Of course the
signature is mine," she said. "I was
busy when drew that check and
had my maid sign it for me-"
The bank did not close the account
that day, but found roundabout
and diplomatic way of leading up to
it's withdrawal.-Ne York Times.
Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1905-08-09
The difficulty encountered by the

The difficulty encountered by the
sanitary committee in New Orleans
last Friday may be plainly seen
when it is stated the committee
found in the Italian districts full
grown cow on the third floor of q
building used as living apartments.
The stairs were rickety, scarcely
strong enough TO hold up the weight
of man. Upon investigation they
learned that Sicilian was living in
the rooms where the COW was found,
and said ne had carried the cow up
stairs when it was calf and had
raised it there.
Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1905-08-09
Getting at the Facts.

Lawyer-(examining witness)-
Where do you live?
Witness-With my uncle.
Lawyer--And where does your
uncle live
Witness--W With me.
Lawyer-Um-yes. Where do you
both live?
Witness-Together.
Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1905-08-09

Neither did Orr's Rifles fight at
Suffolk May 1st, 1868, as stated, but
was at Charlottesville that day.
Neither was the regiment at Will
liamsburg May 5, 1862, but must
have been near Guinea Station, if it
had reached Virginia.
There are other inaccuracies, but
this is enough for the present.-Ab-
beville Medium, August 3.
Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1905-08-09

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thh
Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1905-08-09

A man never gives his hair a
thought until he hasn't any to think
about.
Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1905-08-09
RYDALE'S TONIC
A New Scientific Discovery
for the
BLOOD and NERVES.

1t purifies the blood by eliminating the
waste matter and other impurities and by
destroying the germs or microbes that
infest the blood. 1t builds up the blood
by reconstructing and multiplying the red
corpuscles, making the blood rich and red.
1t restores and stimulates the nerves,
causing a full free flow of nerve force
throughout the entire nerve system. 1t
speedily cures unstrung nerves, nervous.
ness, nervous prostration, and all other
diseases of the nervous system.
RYDALES TONIC is sold under posi-.
tive guarantee.
Trial size 80 cents. Family sire $500
MANUFACTURED BY
The Radical Remedy Company,
HICKORY, %. o.
For SALE BY
WALHALLA DRUG COMPANY.
CARRIERS PHARMACY, Westminster.
Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1905-08-09

A rich girl may be homely, but
she will never know it by hearsay.
The Montgomery advertiser., 1905-07-28
Mrs. M. MiMf

Mrs. Pinkham claims that there is a kind of dyspepsia that is caused by . derangement of the female organism. and which, while 1t causes disturb ance similar to ordinary indigestion, cannot be relieved without a medicine which not only acts as stomach tonic, but has peculiar uterine-tonic effects also.
 As proof of this theory we call at- tention to the case of Mrs. Maggie Wright, Brooklyn, N. Y., who was completely cured by Lydia E. Pink hams Vegetable Compound after every thing else had failed. She writes:
 "For. two years suffered with dyspspsia which 90 dsgenerated my entire system that was unable to attend to my daily duties. felt weak and nervous, and nothing that | at< tasted good and 1t caused disturbance in my stomach. l tried different dyspepsia cures but nothing seemed to help me. I was cd vised to give Lydia E. Pinkham's Vegetable Compound trial, and was happily surprised to find that 1t acted like . fine tonic, and in | few days began. to enjoy and properly digest my food. My recovery was rapid, and in commended it to many suffering womsn."
 No other medicine in the world has received such widespread and unquali- fed endorsement, or has such record oi cures of female troubles, as has Lydia B. Pinkhsm's Vegetable Compound.
The Montgomery advertiser., 1905-07-28
A STATEMENT TO THE PUBLIC FROM
 THE MONTGOMERY AMUSEMENT co.

i to the limit any intrusion upon his bus- mess interests, would expect us to give the same support and cooperation as we are giving the Montgomery Street Railway, if we were placed in a similar relation to him, and will support us Tn the stand which we have taken. ... We know that naturally the public
 usually feels no special concern in the contentious of public service corpora l. tions, but are more vitally interested in good service; yet we think that m
 this particular case the great body or
 the thinking public recognizes the JUS tice In our position and Will overlook
 whatever of inconvenience may be oc-
 casioned in order to show that they may
 be counted among those who are will ling to stand by any one who IS con
 tending for his simple rights against
 another who would attempt to encroacn
 upon rights to which there can be no
 claim of equity.
 We are spending large sums of money
 for free Attractions at Electric Park and shall continue to make 1t the peer
 of any other amusement resort in the South, regardless of the expense to
 which we may be put
 For instance. the sensational hign dive act that is the free entertainment
 at the park this week. and the special high wire performance Of Mile Luellita, champion high wire performer of the world. which will be the big free at- traction at the park next week. We appreciate very deeply the sup port which the public has given us. and hone that you will continue to visit the park whenever you wish to have a good time, hear good music and meet your friends whom you will usually find there.
 Yours very truly,
 MONTGOMERY AMUSEMENT co. adv
The Montgomery advertiser., 1905-07-28

Tn order that our friends, the public. r,ov not misunderstand our situation in the Electric Park controversy, we deem 1t proper to make this statement of conditions to you.
 As is generally known. the Montgom- cry Street Railway leased the pi9s ul ground now occupied by Electric Park and has spent a very large amount or money in improving 1t for use as an amusement resort. We then suo-leased the park with its improvements and have spent a great deal of money In adding further amusement features with the understanding that the Mont gomery Street Railway would provide ample facilities for passenger tramc to and from the park. and also share cer- tain specified amount of the current ex- penses of conducting the park as an amusement resort, all of which they have faithfully performed according to agreement.
 And in consideration of the large in- vestment of capital and continued cur rent expenses of the Montgomery street Railway in connection with the park. with no other source of returns there- on than the fares of passengers to ana from the park, we have felt duty bound to make such regulations as to admis- sion to Electric Park as would protect the Montgomery Street Railway in ts effort to realize an equitable revenue on its investments, as 1t is the only transportation company having any in- vestment or paying its share or ex- peses, or willing to assume the same in connection with the park.
 AS fair-minded business men, recog- nizing the universal principles of "sauare deal," we feel that We have not acted unjustly to any one. and have no apology whatever to make. as we believe that every lover of justice. every business man who would resent
The Montgomery advertiser., 1905-07-28

MATTHEWS, ct al, V. MAULDIN ct al Bill by Wards Against Guardian and
 Sureties of Bond to Compel Settle
 ment-Appeal from the Chancery
 Court of Dale.
 l. Guardian and ward: Jurisdiction of Probate Courts and of Chancery Courts-The Jurisdiction of the Pro- bate Courts and Courts of Chancery are concurrent in matters of guardianship and the ward has an unqualified right of electing the forum in which he will seek a settlement of the guardianship D.
 2. Same; when final settlement in Prooate Court void.-When final set clement made in the Probate Court by a guardian before his resignation or re- moval, and during the minority of the ward, Is void for want of Jurisdiction of said court.
 8. Liability of different sets of sure ties on guardians bond.-A bill by a ward against the guardian and several sets of sureties on his bond Is not bad on the ground for misjoinder and null tifariousness.
 A. Same execution of bond.-A guardians bond executed by the bonds men and not by the guardian is good as conan law liability.
 5. Same; liability of sureties on the first bond-The sureties on the old bond of the guardian are liable for any devastavit prior to their release on the approval of the new bond. 6. Same: liability of new bondsmen The sureties on a new bond of a guardian are liable on said bond for misappropriations by the guardian be- the ground of the guardians obligation to make a true account.
 Affirmed.
 Opinion by Anderson, J.
The Montgomery advertiser., 1905-07-28
Reversed and remanded. Opinion by Mcclellan, c. J.
WESTERN ASSURANCE COMPANY V
 HALL BROTHERS.

WESTERN ASSURANCE COMPANY V.
 HALL BROTHERS.
 Action on Policy of Fire Insurance
 Appeal from Circuit Court of Mad
 ison County.
 1. Arbitration; selection and inter est of arbitrators.-Where under the terms of a policy of fire insurance. the assured selects one of his clerks as an arbitrator. and the insurer, with knowledge of the facts. makes no ob- lection to him, this does not authorize the insurer to select on his part, a partizan of his, or interested person. and a selection of such person by the insurer, justifies the insured in refus- ing to proceed with the arbitration unless a competent person is appoint ed in his place.
 2. Insurance: provision for arbitra- tion.-The provision for arbitration in a policy of insurance. Is collateral: and if 1t fail of accomplishment without fault of the parties, they are relegated to their legal rights independent thereof.
 3. Same; same; bad faith in selec- tion.-If either party to an agreement for arbitration. in bad faith refuses to proceed therein, or insists on tho selection of an improper arbitrator, or unduly tnterferes with an arbitrator after appointment. the other party Is thereby absolved from further obliga- ton to arbitrate.
 (, Same; relevancy of agreement of arbitration variant from the agreement contained in policy.-Where in an &C., tton upon a policy of fire insurance, a plea sets up an agreement for arbitra- ton "in accordance with the provis- ions and stipulatlons of the policy" an agreement which does not follow, and Is not in accordance with the provis-
The Montgomery advertiser., 1905-07-28
Opinion by Anderson. J.
HUMPHREYS V. ADKINS. ct al.

BIII m EVuIIy
 Appeal from the City Court Of
 Anniston in Equity
 1. Equitable relief; defendant at law not barred after judgment rendered laches.-A defendant in a suit at law having only a purely equitable defense to .he cause of action stated in the complaint. Is not barred of his equity by the mere fact that he waits to file his bill until judgment has been ent- cred against him in the suit at law. and such delay in asking for relief in q court of equity does not constitute laches (Hooper V Birchfeld, 13S Ala 423 overruled.)
 Reversed and remanded.
 Opinion by Simpson. J.
The Montgomery advertiser., 1905-07-28
on by Haralson. J.
FORBES V. ROGERS.

Action of Trover.-Appeal from tho
 City Court of Montgomery.
 l. Trover; venue of action.-Trovei being an action in tort, may be brought in the county in which the tort was committed. although the defendant is not a resident of such county.
 2. Pleading. motion to strike.-A motion to strike pleading will not be considered on appeal, unless the motion is shown by bill of exceptions.
 3. Sale or exchange of personality trover.-A vendor of an article which has been delivered. cannot maintain trover against a vendee who got 1t under fair contract of sale or exchange when said contract has never been broken by the vendee.
 Reversed and rendered.
 Opinion by Anderson, J.
The Montgomery advertiser., 1905-07-28
sTEGALL V. WRIGHT.

STEGAIL V. W WRIGfT. Action on Contract.-Appeal from Jack
 son Circuit Court
 1. Receipt: evidence to explain.-The statute (Code. Sec. 1S05) does not in any way change the probative force of a receipt. It simply declares that it must have effect according to the in- tention of the parties. In ascertaining 6 what the intention of the parties was, the rule of evidence are the same as they were before the statute.
 2. Same: same.-A receipt in fuil is only a presumptive evidence of the pay ment of a demand. and simply places on the creditors the burden of proving that such demand was not In fact included in 1t. The receipt is open to explana- tion or contradiction by parol evidence
 Affirmed.
 Opinion by Simpson, J. ~'~
The Montgomery advertiser., 1905-07-28

RYALL V. ALLEN.
 Action for Damages for Trespass by
 Stock.
 1. Trespass by stock; estray stat utes.-At comon law, every man was bound to keep his cattle enclosed, but under the "estray statutes'' of Alabama. he who would seek protection against animals running at large. must protect himself against them, by a lawful fence. unless there Is some statute prohibit ing such animals running at large in that particular district.
 ?. Same; same-Where a special statute declares 1t unlawful for stock of any kind to run at large within a certain district, the common law rule applies in such district. which declares that whoever permitted his cattle to go at large, off his premises, if they escaped or strayed on the premises of another. within the designated part or district. became liable for all damage done by them"
 3. Same; same; Section 2116 or the Code construed.-Section 2119 of the Code has reference to enclosure by law full fence. and the remedy thereby pro- vided is not exclusive of any other remedy for damages suffered from stock trespassing upon lands of one other than the owner.
 {. Damages; pleading: general de- murrer.-WHeEe general uemuTTeT ID interposed to pleading. 1t should be overruled. But vince 1t plainly appears that the pleading could not have been amended so, as to make 1t good, the technical error of the court in sustain ing a general demurrer thereto. Is err TOT without injury.
 5. Damages; trespass by stock: value of growing crop; evidence.-Where 1t Is shown that stock has trespassed up- on a growing crop, of plaintiff. a ques- tion to plaintiff. what amount of cot ton was destroyed by defendants stock? What was the value of your meiilotus destroyed by defendants . stock?" both call for facts. and not for opinions, and were unobjectionable. 6. Same; same: trespass and tres pass on the case.-Where @ complaint alleges that the defendant voluntarily or knowingly allowed his stock to run at large and trespass on plaintiffs land and that their running at large and tress passing on plaintiffs land was not the result of mere negligence. the action Is trespass. and not case.
 Affirmed.
 Opinion by Haralson, J.
The Montgomery advertiser., 1905-07-28
Malaria Makes Pale Blood,

The Old Standard Groves Tasteless Chill Tonic, drives out malaria and builds up the system. Sold by all dealers for 27 years. Price 50 centA
 9ri.
The Montgomery advertiser., 1905-07-28
ions of the policy. is inadmis evidence hereunder.
 Affirmed. -= Opinion by Haralson, ].

NILNER COAL & RAILROAD CON-
 PANY v WIGGINS Action for DamAgss for False Impris-
 onment.-Appoal from City Court
 of Birmingham.
 l. Appeal: charges and rulings of lower court thereon must be shown by bill of sxceptions.-The charges and rulings thereon by the lower court will not be considered on appeal. where they are not shown by the bill of ex- captions
 2. Motion for new trial and ruling thereon must be shown by bill of ex- a new trial, or the action of the court thereon, Is shown by the bill of excep- tions, the action of the lower court will not be reviewed on appeal
 Afirmed.
 Oninion ;jy Mcclellan. C. l.
The Montgomery advertiser., 1905-07-28
Opinion by Mcclellan. c. J.
LEpBETrER V. THE STATE.

LEDBETTER V. THE STATE. Indictment for Violating Revenue Law. . Appeal from City Court of An
 niston.
 1. Trial by court without jury: evil dence.-Where a case is tried by the court without a jury. the court has the same right a jury would have. to dis believe. and therefore, disregard any part of the evidence.
 Affirmed.
 Opinion by Anderson, J.
The Montgomery advertiser., 1905-07-28
Dyspepsia of Women
 ABSOLUTELY NEEDLESS AGONY cassed by Utsrise Dlserdsrs asd Cured by lydIa s. Plakham's veDetable cempeund

A great many women suffer with . form of indigestion or dyspepsia which does not seem to yield to ordinary treat ment. While the symptoms seem to be similar to those of ordinary indiges- ton, yet the medicines universally pre- scribed do not seem to restore the pa tient's normal condition.
The Montgomery advertiser., 1905-07-28
AfHrmed. - Opinion by Anderson. J.
FLETCHER ". PREsTwooD.

SI1hIb N INtSEo w NOD. Action for Damages for Breach of
 Contract.-Appeal from Circuit " Court of Covington County.
 1. Measure of damages for breach of contract-Under a contract. by which plaintiff agreed to run and saw certain logs for the defendant with all due diligence and as fast as water will permit" which contract by its terms was to terminate at the expira- ton of eight months. a charge that the measure of damages for a breach by delay was "the difference in the price of the timber at the expiration of the contract and the price received for said timber" states an erroneous basis for the Computation of damages.
 g. Construction of contract.-Under contract whereby the plaintiff agreed to run and saw certain logs for the defendant with all due diligence and as fast as water will permit. the plaintiff has no right to postpone the running and saving of defendants logs while he ran and sawed his own.
 B. Same.-Under a contract to run and saw logs with all due diligence and as fast as water will permit, the stipulation as to water permitting has reference to natural conditions such as drought and the like. and does not cover the fortuitous breaking of a dam.
 Reversed and remanded.
 Optnion hy McCIellan C. T.
The Montgomery advertiser., 1905-07-28
Opinion by Denson. J.

DAVIS V. vANDIVER & COMPANY, Creditors Bill to Set Aside Convey
 ance as Fraudulent.-Appeal from
 Chancery Court of Butler.
 1. Equity; pleading; parties.-Whils it Is a rule of law. that all persons having a joint interest must join in the action as plaintiffs. in equity the gem eral rule is. that 1t Is sufficient if all of the parties interested in the subject of the suit. are before the court, eith- CT as plaintiffs or defendants.
 9. Same; same; bankruptcy.-Where after the filing of a bill to subject property to a claim of the complain ant, a defendant Is adjudicated a bank rupt, his trustee in bankruptcy Is a necessary party defendant. Andrews V. Mather. 134 Ala, 35S distinguished)
 B. Same; same; same.-While the trustee of a bankrupt holds the legal title, the creditors are nevertheless in terested in a realization upon the as- sets of the bankrupt, and the trustee cannot complain because of the fact that the creditors are willing to aid him in locating and getting under con- trol, assets which he might intention ally or unintentionally. permit to es- cape.
 Affirmed.
 Opinion by Anderson, J. *-:s--
The Montgomery advertiser., 1905-07-28
SUMMER BOARD.

THE "Old MilP' Inn. situated on the beau tiful bay of Pensacola; fishing. boating and bathing; 15 minutes ride on electric cars from Pensacola terms reasonable For further Information address Miss LilIis F
 Taylor. The "old Mill' Inn. Pensacola, Fla sOt
The Montgomery advertiser., 1905-07-28
TYPEWRITERs AND SUPPLIES.

TYPEWRITERS sold, exchanged, rented and repaired: supplies for all makes of ma chimes; Remington Standard Typewriter. P.
 A. Etheridge, Salesman. seM Commerce st.. phone 2ss u-1e
The Montgomery advertiser., 1905-07-28
LOST.
MISCELLANEOUs.

cARD-Patients desiring admission to the wards of the Montgomery Infirmary may pecure cards by telephoning Miss Martin
 head nurse in charge. at phone No. T22 Montgomery Infirmary. wed-fri-su
The Montgomery advertiser., 1905-07-28
Head-Notes ef the Decisions
 Of Supreme Court Alabama

error, 1t was error without injury.
 16 Evidence: experts: questions to- Where a witness introduced as an ex- pert testifes that he fs and has been for several years. a practising physf- clan. had treated the defendant several times, and had talked with him often. dozen times, he supposed. and from his acquaintance with and observation or defendant, and from his professional knowledge. he was of opinion that the defendant was sane. 1t Is not error to refuse to allow a question to the wit ness asking If he was an expert on insanity. as the question seeks to sub- stitute the opinion of the witness as to his competency for the opinion Of the court on that question.
 IT. Charge of court.-A written charge requested Is properly refused. which singles out a part of the evil dence, or which is argumentative. IS. Charge of court; insanity. dehni- tion-There is no error in a charge of court defining insanity as "a mental disease: 1t does not mean eccentricfty or peculiar action of the brain. 1t means a departure caused by a disease of the brain. Mere temporary mania does not constitute insanity"
 19. Charge of court: cautionary re- marks.-Cautionary remarks made by the court in its general charge to the jury which do not present one side or the case more prominently than the other, are unobjectionable. Affirmed.
The Montgomery advertiser., 1905-07-28
IRON SAFES FOR SALE.

FOR SALE-New and second hand fire and burglar proof safes of every description; will exchange for any kind. c, J. Thrasher, Basement Moses Bldg. phone 12s.
The Montgomery advertiser., 1905-07-28

handsomest residences South Lawrence St: house in first class condition; with all they are willing to pay fair price for a
 6rat class home. H. c. Davidson. real estate and insurance. 2t
The Montgomery advertiser., 1905-07-28

LADIES' WATCHES We have several new; if you contemplate buying . ladies' watch call at our store and let us convince more. Montgomery Loan Co. N. Court
The Montgomery advertiser., 1905-07-28

FOR sALE-One of the prettiest and best conditioned ladies' horses in the city, to- gether with splendid phaeton and harness
 owner moving away from city and must sell at once. Address J. C.. care The Ad- yertiser If