davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1905-10-11
McGINNITY FALLS DOWN,
 KNOCKED OUT IN 9TH INNING
Bender scattered His Four Hits, While Wild throw,
 Sacrifice and EoriS Pinch Hit Scored First Run, Couple @
 of Singles 2.baggar and Error Two More in 8.h .

| New York, Oct. 10.-when two wei
 trained ball teams are pitted agains each other, with the points covered
 by men of acknowledged cleverness there is always doubt as to the out
 come until the game is completed. The
 truth of this was proven today. when n | in the second game of the world
 championship series the Philadelphia champions of the American League de- feated the National League champions ] on the Polo Grounds. Yesterday on the Philadelphia grounds McGraw
 men defeated Manager Maeks team IL, oy score of to 0, today, when the iat- ter visited this city, they just reversed the score, shutting out the locals; fhe visitors put in their Indian pitcher' Bender, with Schreck to handle him visiting battery was excellently sup ported as was the locals for two "in- nings. But In the third inning Gilbert visitors a lead which they never re, linquished. McGinnity was relieved
 in the latter half of the eighth in;
 did not prove eeffctive, however.
 Tn the third inning Schreck sent
 grounder to Gilbert who thew wild to
 groaned when the batter was safe;
 Bender made a neat sacrifice. Hartsel
 tried to send the ball to the boundary
 put was an easy out. boTu, tne hcAt up, was the right man in the pinch, as he singled to center scoring Schreek. Davis was thrown out by Dahlen and the inning ended in favor of the Phila- delphias who had tallied one run.
 This was a ding -dong game of fast plays until the seventh inning when It looked as though the home players might tie the score but Donlin just got as far as second to bel left there after making double and reaching that sta ton on fly to right field. This was the nearest point to. the home plate that McGraw managed to get a man. 4 Monte Cross struck out at the begin ming of the eighth inning but Schreck singled to left ,. Browne made beau tiful long running catch of Bender,s foul fly. Hartsel then doubled to left but the relay throw from Mertes through Deviin to the plate was dropp- ed and Schreck scored. This was an other run made on an error. Then Lord singled bringing Hartsel in with the final run of the game. In the lat ter half of the eighth inning the wis iting team was charged with its first misplay. Devlin had singled and Lord had caught an easy fly from Gilbert. Strange batted for McGinnity but famed. Monte Cross fumbled grounder from Bresnahan and gave some hope of tally
The Montgomery advertiser., 1905-10-11
MOREBEL MONT RECORDS
ROsEBEN AGAIN SHOWS HIGH
 GLASS.
GIvfnx Away Nineteen Pounds O'Neii Jumped to the Front With Him, Showed the Way for the En-
 tire Route and Won.

New York. Oct. lO:-Rossben sa q. the he the fifth race at seven furlongs at Bel. geidins jumped away in front and making all the pace. won by eight lengths In 1:25 1-6, which Is within one-fifth of a second of the worids fns The nqsnsssofi Ranese Del Psso a stakes for g. year-oids resulted in an easy victory victory Shaw sent the favorite to the front at the start and holding her advantage to the finish, Wo2 by Son tWo ana 's a nsll nsw longs, straight Four favorites won;
 First race, mile. main course-Belle sisnora. lo7 tsewelD, F to !, won; 5. sase second; on o Copper, i15 tw. Fisseri, 20 Twessie 1S [ eh,fS Roy crofs @ Conquest. iSanhoe, Lindale. Brilliant. Salt and Pepper also
 Second race. selling. stsepiechassss; about three miles--Gansevoort. i35 (stonel. IS to, B., won; Ruthis Rattier' 13s (Finnegan), to ?, second: Bonfire 5:4s. Wool Gatherer, Knight of Elway and Big Morgan also ran. Buck O'Dowd courseEThird Alarm, 112 (Martin), s to 1. won; Elevator, 109 (W. Davis). 20 to I, second: Good Luck, 112 (W. Buch- anan), II to 5, third. Time, 1:14 2-5. Samson, Knighton, Barberloot. Home lander, Little Flea, Tambeau, Menoken, Saharata, Rose Croix and Meddling Daisy also ran.
 Fourth race, the Rancho Del Paso stakes, six furIongs on straight course |-Brookdale Lymph. 10e lShaw). to 5, won; Oakduke. 106 lW. knapp, ~ to 1, second Athlete, 103 (Crimmins)' J. 12 to 1, third. Time. 1:10 4-5: Her mitage, Kinley Dale. Snow and Hooray
 Fifth race. seven furlongs. on main course-Roseben. 126 (O'Neil, 1 to 20. won; Chimney Sweep, 107 (Burns). 20 | to 1, second: Monet, 10S (B. Smith), to 1. third. Time. 1925 1-b. Only three starters. -ff
 Sixth race. mile and quarter. on main course-Knight Errant. 126 (W:: | (Crimmins), 40 to 1, second; Sailor Boy | 10S (Burns), 8 to 1, third. Time, 2:O7. The Huguenot and ora also ran. | Entries Today.
 First. race, High Weight handicap ls7, Bohemia, 12s; New Mown HsSy Hay
 127; Bella. l25; Preen, 1l9; Royal Wid- ow, IT; ,Massada., 11s; Brother Frank ,i mond Flush. 1l2; Cld Guard, 10S.
 l Second race, mile, 3-year-olds and up wards-Tyron. 105; Just So, Willie Newcomb, 102; Wyeth. 100; Kitty Platt
 Thistle Heather, Kiamesha, Irish
The Montgomery advertiser., 1905-10-11

but this died away when Browne was thrown out by Murphy. Ames went in to pitch for New York fin the first half of the ninth and gave Live Cross a base on balls Seybold flied to Dolin for the third time, Mur- phy singled and matters looked prom isins for an addition to Philadelphia s score but Monte Cross famed and Schreck was an easy victim from Ames to Gilbert.
 Murphys tumble of Dolin's ground CT was the second bad mark against the visitors. This happened at the opening of the last half of the con- cluding inning. McGann drew pass but Mertes flied to M. Cross. The next two men, Dahlen and Devlin met the same fate, Murphy and Davis be- ing responsible for their dismissal and the end of the game.
 The Philade1phias went back to their home tonight and the New York team will go to Philadelphia in the morning to decide the third contest in the se- ries. Score:
The Montgomery advertiser., 1905-10-11
su-wd-fr

which is good and the other bad. in that 1t did not charge any ofrense against the criminal laws. 8 verdict Of guilty will be referred to the good count.
 5. Same; charge of Court.-where an indictment contains two counts, one of which Is good and the other insufficient, the defendant has right to ignore the bad count in asking charges from the Court, and 1t is error ito refuse a charge requesting that the defendant could not be convicted under the bad count.
 Reversed and remanded.
 TygOn. J.
The Montgomery advertiser., 1905-10-11
The Women Golfers.

New York. Oct. 10.-The peculiar feature so far in the Women's Nation al Golf Championship Tournament, the Morris Country Golf Club, Morris
 nree Western competitors. Mrs. V. J. Hall, of Evanton, Ills; Mrs. c. l.. Deer ing. of Midlothian, Ills, and Miss Ada of the contest for the honor. Miss Smith failed to qualify yesterday in the medal round. but today in a colla- tion handicap she tied with Miss Dolly Miller, of the Morris County Club, with a net score of S2 for the trophy dona- ated by President Thomas.
 Mrs. Charles Stout, of Apawamis, of the Metropolitan championship ti- tie, showed conside erable improvement in her game today. The semi-finals will be reached Thursday.
The Montgomery advertiser., 1905-10-11
At Latonia.


Cincinnati, Oct. 10.--Summaries:
 First race, six furlongs-Chief Milli- ken. 100. tAllen), 3 to l. won; yeranda. Trayner. Il; los, {koernerj. : to i. third. Time. 1:15. John Lescalle, The Pet, Heidelberg. Henry Ach., Major Carpen- ciydeo ess aooa and S1i Vivian 1G~"ofn' ran.
 Second race. mile and seventy yards Wexford ssS,- (sw,a,inl, (sws,,hnl, to 10, .o%oa won Time. 1:44 25. Little Elkin and Derry
 Third race, sIx furlGass-Ensley. Nes sSt sss'hsNh s wee; seeond: aaFT1s Ths ~ i:1s s-s' ss Governor orHan refused to break. ossian. Buell., Don orents Babyy 'yy
 Fourth race; six furiongs-Bla,e;k Black k Mozzes, loo, e. Morrisl, to l, second; Time. i:i5. Jake Greenberg. sid sil- yer, Immortelle, Nine, Tempt, Fallen Leaf and Merces ran:
 Fifth race, six furiones|Tt,ioss 1ot,6 5. sS:, Bitter Brown, 100, (Perkins). IS to 1, third. Time. 1:1b 1-5. Floral. 1nspec- tor Girl. Valencia and Santa Lucia
 Sixth race, mile and fifty yards--sam Craig, Io3, (Allen). 10 to 1, won: Flea nor HOWarQ, lUV, NCWdlnJ, II tO D, oCC- ond; Falernian, 103, (Morris). IS to 5. third. Time. 1:45 3-5: Mint Bed. Doe. skin, Light Opera, Flori, Gravina and Entries.
 First race. five and a half furlongs-- Blue Silk, Mayme Adams Grace, Lady Ether. Cut Glass. Miss Kitty. Etta M. 102; Pauline Boyle, Lisby. Tarpee, 9S; Sonata. Progress, Addition, Polly For est. 102.
 Second race. mile and one-hundred yards, selling-Harry Stephens, 93; Arc Light 96; Blue Ghass Girl. Aionauin, 9S; Falernian. 101; Kleinwood, IF; Lionel. 93; Brown Veil. Dell Leath, 9S; Stroud 101; Marcos, 103.
 Third race. six furlongs-Steel Trap. 94: The Lexington Leader, sS; Marlin. 99; Delagoa, 101 Thespian, sS; Ros- COG. 97; Sheer Marco. g; Auroceiver. 102: Mallory 110.
 Fourth race, handicap, steeplechase, short course-Jolo. Betmuda, 130; Onyx II, 135; Jim Tyrrell. 140: Lilliandra. Blue Mint, 1S0; Gould, 136.
The Montgomery advertiser., 1905-10-11
sAnLER . .IErrERsoN.

SADLER V. JEFFERSON. Bill for Redemption of Mortgage anu
 Accounting-Appeal from Marehso
 Chancery Court
 I. Mortgages; redemption.-Where' on bill filed by a mortgagor Tor ac. counting and redemption. an agreement is shown whereunder the mortgaeoi should continue in possession ana pay to the mortgagee annually certaif' sum- which, after deductins the Inter est on the mortgage debt and any taAss paid by the mortgagee, should pc creu materiality of such agreement o, o, whether 1t Is of any binding force, WI. not be considered. as the agreemen' provides only what would follow m the regular course without any agreement on a bill for accounting.
 2. Same: conveyance by moItsaee A deed to the mortgaged premises. in ordinary form. executed py the hioL .hs eagee. passes the legal title to the premises, and 1t also passes the eauita- bIa title to the debt secured by tne mortgage, whether the rnortEagee pc then in possession of the premises or not.
 3. Same: forec1osure.--A mortgage who has parted with all his interest m the mortgage and the debt secured thereby. has no power of foreclosure and a foreclosure sale made, by him IS a nuIlity. leaving the equity of re- demption still in the mortgagor
 4. Landlord and tenant: estoppel.-= Although 1t is a general rule that the tenant cannot deny or dispute the titie of his landlord, 1t does not apply where the landlords title has expired or been extinguished, either by operation of law or by his own act, after the crea- ton of the tenancy, or when there Is change in the condition of the land lords title for the worse. after the ten ant enters into his contract.
 B. Same; mortgagor and mortgagee' An agreement between the mortga- gor and mortgagee that the former should continue to occupy and culti- vate the mortgaged premises at stip- ulated annual rental" and that such rents" less interest on the balance and taxes due and paid by the mortgagee on the premises should be applied to the payment of said balance due on the mortgage debt, and that when said debt was thus discharged the mortgage should be satisfied, does not create the relation of landlord and tenant, but the relation of mortgagor and mortgagee still continues
 6. Mortgages; equity pleading; par ties.--A mortgagee to whom partial payments have been made on the mort gage debt, who afterwards parts with all his interest In the mortgaged prop erty and the debt, Is a proper party defendant to a bill for accounting and redemption. filed by the nortgagor.
 Affirmed.
 Simpson. J.
The Montgomery advertiser., 1905-10-11
CHAMBERS V. MORRIS.

Appeal from order granting new trial
 Appeal from Henry Circuit Court
 1. New trial; appeaL-on appeal iron a judgment granting a motion to set aside a verdict and giving a new trial nothing will be considered except the action of the Court with respect to the motion.
 ?. Same; Judgment entry.-A formal judgment is necessary to support an ap- peal and where on a motion to sci aside a verdict and grant a new trial the only action of the Court shown is an entry signed by the presiding Judge entered on the motion docket, that the trial is granted, an appeal therefrom will be dismissed. as such entry Is nothing more than a memorandum or docket entry.
 8 Same; judgment-where iudg- ment rendered in favor of a party Is forna and sufficient. an adjudication by the Court is necessary to set it aside otherwise, the judgment remains intact
 Appeal dismissed
 Denson, J.
The Montgomery advertiser., 1905-10-11
Patronize the Best. It Costs no More. Dixie Laundry Go.
 Phone 938.

present themselves War Is really something frightfui. and those who cres ate it with stroke of the pen, sitting at a green cloth tatle, little dream what horrors they are conjuring up" Bismarck once expressed himself to the same effect, and added; Had it not been for me there would have been three great wars the less, the lives of S0,000 men would not have been sac- riiced and many parents, brothers, sis ters and widows would not now be That. however. have set
 tied with my Makerr .....
The Montgomery advertiser., 1905-10-11
SHELTON V STATE.

Indictment for forgery.-Appeal from
 Dallas Circuit Court.
 1. Forgery; indictment-A promisso- " note Is the subject of forgery. and where the indictment charges the for gerry or uttering such note, which Is complete on its face and purports to impose a liability it Is not necessary to aver intrinsic facts to show its validiy, or that another migh be injured by 1t.
 2. Same-It is of no consequence whether the defendants signature on d note charged to have been forged, was intended as a co-maker or witness, if with the intent to injure or defraud, he participated in the forging the name of the other, or participated in. utterlhe the paper. knowing 1t to be forgery.
 3. Same; indictment.--An indictment for uttering or publishing as true a forged promissory note, charges no of fense unless 1t ayers that tnlS was uo"e with knowledge of the forgery.
 4. Indictment; verdict.-Where an indictment contains two counts one oi
The Montgomery advertiser., 1905-10-11
Witch, 97; Sir Brillar, 95; de'Arkle, 92; Oliver CrnraWell Manfred. 90.

Witch, 97; Sir Brillar, 95; de'Arkle, 92; Oliver Cromwell, Manfred, 90.
 Third race. the Champagne stakes, 2year-olds seven furlongs. straight Burgomaster, Security. 122; Perverse,
 Fourth race, the New Rochelle, sell ing, mile, on main course--Orthodox III; Dreamer. 11S; Jacquin. Goldsmith 109; Head Dance. Jetsam, Sprine, Gren- ade, 10s; Delphie, 103
 Fifth race, seven fur1ongs, selling Descend. 106; Andria, 105; Blue Pirate 100; Abe Meyers. 97; Birmingham, 9s; |92; Yves. 90; Maudina, Elizabeth F.,
 Sixth race, handicap. mile and a a1 ost1sh 1s Frepase Tss s Ben volio. II; Bowler. 115; Caronal. 97.
The Montgomery advertiser., 1905-10-11
BIRMINGHAM RAILWAY. LIGHT AND POWER COMPANY vs. LIV-
 INGSTON


 Action for Damages for Personal In-
 jury.-Appeal from Birmingham
 City Court.
 1. Evidence; objections to.-Where the evidence is offered, which Is in part admissible and partly inadmissi- ble, an objection thereto as whole is properly overruled.
 2. Charges of Court; appeal; error without inJury.--Where party has re- ceived the full benefit of a proposi- tfon of law under a charge given to the jury, the appellate court will not reverse the lower court for refusing another charge stating the same prop ostion. even though it be correct. 3. Trial and incidents; question for jury; negIigence-In all cases where different differences may be drawn from the evidence by men equally sensible and impartial. the question must be submitted to the jury.
 Reversed and remanded. Anderson, J.
The Montgomery advertiser., 1905-10-11
BoLEN vs. HoLEN.

Action of Ejectment.-Appeal from
 Clarke City Court.
 l. Executors and administrators; sale of land for payment of debts.-The probate court has no Jurisdiction to sell lands of an estate for the costs of administration, or for debt contract ed by the administrator.
 2. Ejectment; evidence: color of ti- tle-Where, in an action of eject ment. certain void instruments are of- fered in evidence as muniments of ti- tie, 1t is proper to exclude them. If competent as color of title, they must he offered as such, or there Is no er- TOT in their exclusion.
 5. Same; statute of limitations Where there is a life estate in one nerson and a remainder in another. the remainderman has no right of posses sion or right of action until the ex- piration of the life estate. and the sta tute of limitations will not begin to run against the remaindermdn until such time or event happens there can IA no custer of a remainderman during inc continuance of the life estate.
 {. Executors and administrators aale of lands to pay debts of estate. "A petition in the probate court for an order for the sale of lands of an
The Montgomery advertiser., 1905-10-11
SOUTHERN RAILWAY COMPANY
 " JOHNSON

Action for damages for personal inju-
 ries.-Appeal from Shelby Circuit
 Court.
 i. Damages; carrier and passenger negligence.-Where a person. who had previously notified the conductor of 8 train that he intended to travel thereon attempts to board the train while 1t is in motion, and Is thrown to the ground by the movement of the train before he succeeded in getting aboard, the re- lation of carrier and passenger does not exist; and in such case. where the only evidence of negligence was. that while the party was trying to board it, the train suddenly accelerated its speed by putting on more steam, no cause of ac. tion is shown.
 Reversed and remanded.
 Simpson. l.
The Montgomery advertiser., 1905-10-11
HeAd-Notes ef the Decisions
 of Alabama Supreme Court

estate to pay the debts thereof, must be filed by the personal representa- tives of the estate; and such petition filed by any other than such Iep,e-
 sentatives gives the court no Jurlsalc.
 in such case is null and void.
 Affirmed.
 Dowdel1, J.
The Montgomery advertiser., 1905-10-11
MAXWELL vs. STATE.

MAXWELL vs. STATE.
 Indictment for Carrying Conceu
 Weapons--Appeal from Jackson
 Circuit Court. Carrying concealed weapons; pun ishment.-The statute punishing the carrying of concealed weapons fixes the minimum fine therefor at fifty doliars' still, under that portion of the statute providing that the defendant may give in evidence that the time he had good reason to apprehend an attack, which the jury may consider in mitigation or the punishmen or Justification or the offense. the jury may, on conviction, assess as punishment fine less than fifty dollars.
 Affirmed.
 Dowdel1, J.
The Montgomery advertiser., 1905-10-11
Opinion by Tyson. J.

RICHARDSON vs. KAUFMAN. Garnishment to Subject Wdges-Ap-
 peal from Circuit Court of Maren-
 go.
 i. Exemptions; waiver; garnish- ment.-The exemption of wages or sal ary to the extent of twenty-five dol lars per month contained in Section 203S of the Code. takes away the pro- cess of garnishment as a means of subjecting such salary or wages to the payment of debts, whether the debtor has waived his exemptions or not.
 2. Same; same; constitutional law. The fact that the constitution allows a debtor to waive his exemptions. does not bind the legislature to provide a remedy by garnishment for the collec- tion of debts as to which such exemp- tions are waived.
 Reversed and remanded.
 Opinion by Mcclellan, C. J.
The Montgomery advertiser., 1905-10-11
Fight over DeImar Charter.

Jefferson City, Mo, Oct. IU.-A de- ings instituted by Attorney General Hadly, to revoke the charter of the Delmar Jockey Club at St. Louis, and a demurrer to the writ of prohlDItion of St. Louis county, to prevent the trial of the cases of policemen charged with trespassing on the premises of the jockey club. were filed in the su- preme Court today.
 These demurrers attack the consti- nationality of the anti-pool selling. an ti- -bookmaking law enacted by the last general assembly. The cases are set for hearing before the court en banc on October 27.
The Montgomery advertiser., 1905-10-11

Sun1mary-IWo base hits. Bresnd- han, Donlin, Hartse1l. Sacrifice hits, Hits off McGinnity. 5; off Ames, l. in one inning. Left on bases. New York, 7; Philadelphia, 5. First base on balls. og Ames. 1; off Bender, 3. First base on errors, New York. 2; Philadelphia, 1. Struck out, by McGinnity, 2; by Ames, i; by Bender. g. Time of game, 1 :55. Empires. o'Day and Sheridan. Attend ance. 24.904.
The Montgomery advertiser., 1905-10-11
CALHouNJy. THE STATE.

Indictment for Murder-Appeal from
 the City Court of Montgomery.
 1. Holidays.-Holidays with us are not. on that account, non-judicial days, and there is no merit in the objection of the trial of defendant having been had on Good Friday.
 2. Challenge for cause; grounds of. A venireman may be properly chal- lenged for cause when upon his being examined as to his qualification as d juror he answers that he would not convict in a capital case on circum- stantial evidence; and likewise a chal- lenge for cause Is properly allowed when the venireman answers that he would not hang on circumstantial evil dence.
 3. Same: circumstantial evidence The question as to whether or not there will be any circumstantial evil dence offered, can not be inquired into as a preliminary to the allowance of a peremptory challenge under Section 5O1S of the Code.
 Afirmed.
 Opiniop hy Tyson T
The Montgomery advertiser., 1905-10-11

Fifth race. mile. handicap-Intense, eO: Pirate Polly, 93; Estrada Palma iSs: White Plume. ss: Coruscate. lO3 3 John Carroll. IF; Couple Intense and
 Sixth race. six furlongs-Yazd. l03 chief Hayes, 103; Mic. 10S; Migita, In terlight, 10S: Hogan, 11S. Couple Yazd and Mingita. Schulte entry
The Montgomery advertiser., 1905-10-11

A motorist in Bavaria has had to appear before the authorities at Munich on the ground that he had used trumpet to give warning of his approach. instead of the more usual horn. blown by rubber pear" He argued that though the law stated tl t a horn was necessary. 1t did not define how the horn was to be blown. After a long dis cussion he was acquitted.
The Montgomery advertiser., 1905-10-11

In his dairy of the campaign of 1866 the late Emperor Frederick of Germany wrote: Tt is a shocking thing to ride over a battlefield and it Is impossible to
The Montgomery advertiser., 1905-10-11
poxtuOned at Lexington.

Lexington. Ky, Oct. 10.-The trotting races were postponed today on account of rain
The Montgomery advertiser., 1905-10-11
Latonia.

Ciiptinnati. Oct 10.-Three favorites and three outsiders won the card at Tatonia today. In the first event Henry Ach threw Jockey Schade. but nejther the boy nor the horse were in inred. The fifth event for 2-year- old Allies was won by Floss s, an outsider. ToiIow The Flag was second and pStter Brown third. The favorite. Valencia, was never in the running
The Montgomery advertiser., 1905-10-11

The fire department was called at TAO o'clock yesterday morning to a one story frame cottage at 4I3 Clay street fire in the roof had been caused by a defective flue. It was extinguished before much damage was done. The house is occupied by Mary Cotton, a negress. The property is owned by Mrs O'Dwyer.
The Montgomery advertiser., 1905-10-11

B. D. Muse. a white man who is employed by a railroad company, was discharged by Recorder Arlington yesterday afternoon when he appeared In court to answer a charge of shoot ing firearms in the city limits. Muse was arrested by Patrolmen Smith and LaPrade, who said he was practicing craftsmanship with a Colts revolver in North Montgomery.
The Montgomery advertiser., 1905-10-11

A man is in .'hard luck,' in- deed. if he has a wife who "never reads the ads" and who does her shopping in com parativeignorance Of what things should cost.
The Montgomery advertiser., 1905-10-11
neWS in Briei,

The Street Fair Association will hold a meeting in the Commercial and Industrial Association rooms at Il o'clock today.
The Montgomery advertiser., 1905-10-11
CUT FLOWERS.

We make a speciality of fine funeral flow an occasions We solicit your patronage end guarantee satisfaction.
 s. B. STERN CO., gtors phone. 1s Green houses. 1901.