davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1905-10-07

whole good Money is still moving to the country and. while in liberal sup ply for ordinary trade purposes. higher quotations at home and abroad seems certain.
 Something like a downward swing in prices of agricultural products is in evidence this wek as a result of the pressure Of new large crops of fine quality which argues for lower prices of feeding stuffs and cheaper cost of meat production in the coming winter. In the East, although the late decline placing orders for later delivery, some large sales of print cloths are reported.
 Business failures for the week num- Der 1s9 against 1S5 last week and l95 in the like week of 1904.
 In Canada failures for the week num- Der 25 as against 26 last week and l9 in this week a year ago.
The Montgomery advertiser., 1905-10-07
A Thoroughbred Tramp"

A fair-sized audience greeted the second performance of "A Thorough bred Tramp" at the BiJou Theatre last night and gave evidence of being pleased by the frequent applause ac- corded the leading members of tho company. The stage business and the handling of the. lines by the actors and actresses were much better last night than during the opening performance Thursday evening.
 George L. Browns work in the part 0 fthe old justice of the peace was ap- pIauded loudest of all last night, al- though 1t lasts for only a couple of minutes In this time he Is engaged in upbraiding tho villain who visits the prison and on the latter's resenting 1t the justice puts fine of $10O on him for contempt of court. although the shelf where court is held is several hundred metres away. The villain got himself in bad to start with by saying that he wanted Justice done" Judge Gil- pin snorted loudly at this and told the villain that he was a justice but he would see anybody in h. before they could do him"
 MT. Vechten made an improvement in the part of the tramp and elicited uproarious laughter by the use of the funny lines in his part. Miss Georgia Brown and Mir. Jeffers continued their plausible success of the first night.
 The performance will be repeated today matinee and tonight.
The Montgomery advertiser., 1905-10-07
LEE vs. STATE.

Prosecution for unlawfully presenting
 pistol at another-Appeal from the
 Jefferson Criminal Court.
 1. Constitutional law: statutes; act to limit jurisdiction of justices of the peace iu Jefferson County-The act (Acts 1Se4-5, p. 49S), entitled 'an act to limit the criminal Jurisdiction of justices of the peace and notaries public with powers of justices of the peace in precincts 21 and 37. in Jefferson Coun- ty. and in all wards of the city of Birmingham" is not violative of the section of the Constitution providing that each law shall contain but one subject, which shall be clearly express ed in its title. The word 'Jurisdic- tion." as used therein. Is synonymous with power or authority"
 {. Same; same; justices of the peace. The criminal Jurisdiction of justices of the peace is derived from statutory authority. and not from the Constitu- tion: hence. 1t is within legislative competency to limit 1t, or deprive them of 1t entirely.
 3. Same: same.-Although at the time of the passage of said act, the Police Court of Birmingham was not in existence, still. the Legislature hav- ing within thirty days of the passage thereof created such court, the law is thereby made effective.
 4. Same; same; Jurisdiction of Cir cult Courts.-The section of the Con- stitution of 1875 (Sec. 5, Art. 6.) con ferring on Circuit Courts original jurisdiction in all matters, civil and criminal, within the State not other wise excepted in this Constitution" does not confer exclusive Jurisdiction on such courts in such matters.
 5. Same: same; same.-Warrants for misdemeanors cannot be Issued by a justice of the peace. returnable to a Circuit Court, to be there tried, as that court has only Jurisdiction to try criminal cases after indictment found, or upon appeal from a lower court after conviction.
 6. Statutes; repeaI.-Repeals by im- plication are not favored; and if. by a fair and reasonable construction of a later and a former statute. the two can
The Montgomery advertiser., 1905-10-07
Cbe CbedtreS
.sMcFadden,. Row of Flat...

The audience. which assembled at the Montgomery Theatre last night, knew what to expect of 'McFaddens Row of Flats."
 The cleverness ot Bernard Shaw, the abstruse problems of an Ibsen, nor the inborn comedy of George Ade were not expected. The audience knew that Row of Flats" and accordingly the parquette was but sparsely filled while the dress circle and the gallery were packed. It was an excellent entertainA ment of its class.
 As usual ''McFadden's Row of Flats'' is a potpourri of a comic Hibernian, a ludicrous sDutchman, Hebrew, a policeman, and bevy of girls display ing dainty lingerie What else does a company need to please a modern American audience? Those who revel in the higher ideas and prefer a iitera- ry circle to g three-bagger might we'll sconf at .'McFadden's Row of Flats hut to the class that whoops Justify when Oldring hits to deep left for a couple of sacks. eminently was correct when they applauded the work of the large company that scampered in front of the spot lights last night.
 To go into the merits of the diff ferent members of the company would be a waste of valuable space. Each of them filled the requirements. The Speck Brothers as Alex and George always managed to please the small boys and even managed to make the male members of the audience howl when they burlesqued John Philip Sousa. The other members of the company were clever at the game they are paid to play. They are good horse players. funny at that, and would make a good impression on the rush line. They made the Montgomery people laugh and earned their money.
 Carl Anderson was easily the star. He sang the Irish Dity Molly" in the style. and was otherwise effective.
 'McFadden's Row of Flats" is good for the blues and the audience of last night felt repaid for going to the theatre.
 The Fortune Teller" will be sung at the Theatre this afternoon and to- night.
The Montgomery advertiser., 1905-10-07
FOR TARIFF REVISION.
Massachusetts Republicans Name Ticket
 and Their Policy.

and Their Policy.
 Boston, Oct 6.-With only one voice raised in opposition, the Republicans of Massachusetts in State convention to- day declared for a revision of the tariff Contrary to expectations. the radical wing of the party. under the leadership of Eugene N. Foss of Bos- ton did not offer a substitute for the plank in the platform relating to the tariff although in a speech to the dele gates MT. Foss declared that the re- vision of the tariff favored in the State platform was not sufficiently wide in it's scope.
 MT. Foss said, however, that he and his followers were encouraged at the concessions made to them and that next year they would expect to- have the convention accept their proposition in its entirety.
 The following ticket was nominated: For Governor. Curtis Guild, Jr., Boston; Lieutenant Governor, Ebon s. Draper, Hopedale; Secretary of State. Wm. M. Olin. Boston; Treasurer and Receiver General. Arthur B. Chapin. Holyoke; Auditor, Henry E. Turner, Maiden; At torney General, Dana Malone, Green field.
 One of the surprises came when Gen. eral wm. F. Draper. former ambassador to Italy and a leading member of the Homo Market Club, opened in a vigor- ous speech on the adoption of the tariff revision plank of the platform. Gen. eral Draper said he would not offer any substitute plank for the reason that he knew there was no chance of his or any other substitute being &C., cepted General Draper contended that tarin revision would be followed by financial and commercial depression and speaking as a manufacturer. he could see no reason why there should be a revision.
The Montgomery advertiser., 1905-10-07
Stole Wagon and Mules.

Louisa Browder. an old negro woman, and her two sons brought two bales of cotton to the city yesterday from their home several miles this side of the Perry County line in the western part of the county. After storing the Cot ton in a warehouse they drove their wagon around to Robbinss hardware store on Alabama Street and hitched 1t in front of the store and left it.
 After leaving their wagon with the two mules hitched to it the old woman and her two sons spent several hours wandering in and out of the various stores shopping. About dark they went back to their wagon with the intention of starting for home, but when they reached the place where they had hitched their team they found it was not there. Inquiry revealed the fact that soon after the woman and the boys had left the wagon a negro came along and drove 1t off.
 This morning a negro man named Elijah English, who lives on the Cole place, nine miles west of here, came to Selma and reported the suspicious &C.,
The Montgomery advertiser., 1905-10-07
HeAd-Notes Qf the Decisions
 G Alabama Supreme Court

be reconciled. and each left . field oi operation, that construction will De adopted. Where the intention of the Legislature is not apparent to that pur. pose. the general words of another and later statute shall not repeal the pro- visions of former one; the maxim oi the law being that generalia specialibua non derogant.
 Reversed and remanded.
 Tyson. J.
 LOUISVILLE AND NASHVILLE RAIL-
 ADMINISTRATOR.
 Action for Damages for rorcible Eject-
 ment from Moving Train Result
 ing in Death--Appeal from Butler Circuit Court
 1. Action for personai injuries; suf- ficiency of ayerments.--where a pas senser Is forcibly. wilfully. wantonly, and intentionally" elected from nov ing train. whereby he sustains inju- ries, 1t is unnecessary to charge in tne complaint that the inJury was will luliy, wantonly or intentionally in- ihcted. or that the employees of defen- dant knew of the periol of the plain tins intestate at the time that the injury was received.
 ?. Witness: credibility of: charge to jury as to. The mistake of witness in his testimony as to a collateral fact. Is not sufficient to Justify a charge 10 the Jury to disregard his entire tes- timony.
 (. Evidence: charge to jury; undue stress upon particular phase of testi- mony improper.-Where the witness testifies to the forcible election of plaintiffs intestate from a moving train by the conductor and other ser wants Of defendant, a charge to the jury that they must find for defen- dant, unless they believe from the evidence that the conductor forcibly elected plaintiffs intestate, is proper ly. refused; because 1t limits the right of recovery to the wrongful act of the conductor alone.
 {. Same; same.--A charge to the jury, confining their attention to a sim gle phase of the testimony in making up their verdict. Is properly refused.
 5. Same; same.-A charge to the jury that there Is no evidence of a specically designated fact, may be properly refused.
 6. Evidence; unreasonableness of conduct of witness as affecting his credfbiiity.-The unreasonableness and inhuman conduct of witness In fail- ing to render aid to one injured in his presence, does not, of itself, au- thorize the rejection of his testimony as to the circumstances of the in- fliction of the injury.
 [. Witness; credibility of as affect ed by partial disbelief-The jury need not reject all of the testimony believe 1t in all of its parts.
 Rehearing granted, and reversed and remanded.
 Anderson J.
The Montgomery advertiser., 1905-10-07
Shot in the Shoulder.

Walter Henderson, a negro, was found lying on the porch of a negro womanis house in Shivers Alley last night suffering from a wound in the left shoulder. The negro was carried to police headquarters, where the wound that he had received was at tended to. While the shot is painful the wound will in no way prove seri- ous.
 Henderson and another negro by the name of Junius Jones arrived here yes terday, they stated, from Mobile. 1..ey were in Shivers Alley, they say, look ing for a place to sleep, when they heard a pistol shot and at the same time Henderson felt the ball enter his shoulder. After the shot his partner ran away and the wounded negro stag gered to the porch of the house in front of which he was when the shot was fired. and fell.
 He was found later by Officer Griffin and carried to the police station. This morning he told where his partner could be found and warrants charging them with being suspicious characters were made out. Junius Jones. his part ner, was arrested later in the day and will probably have, a hearing tomorrow morning in Police Court.
The Montgomery advertiser., 1905-10-07

Miss Melissa Kim. a native of Corea. has arrived in San Francisco. where she will study medicine. There Is gen. eral movement among the women of China and Korea. Miss Kim says. in favor of higher education. and her in- innate friend in Hoo-Chow was Sing Wong Tsing Ling, a Chinese girl. who has recently gone to Japan to study law there and will practice in the Japanese courts. But few Corean wonien have come to this country thus far and Miss Kim Is the first to speak English at all. She is 28 years old.
The Montgomery advertiser., 1905-10-07

Paris will soon have a Mohammedan mosque. For years a French Moham- medan living in Cairo. NJ Lambert, has been at work collecting subscriptions and he has now received consent not only to build a mosque in Paris. but also one in MarseilIes. The state will very likely grant the Two mosques free building sites. Thousands of Mussul- mans visit Paris every year. Marseil- les has large floating Mohammedan population.
The Montgomery advertiser., 1905-10-07

The negro convict. John Williams, of Montgomery County. who escaped from the camp of the Henderson Boyd Lum~ Der Company Thursday. has been cap tured, acordins to information which reached the State Board of Convict In- spectors yesterday.
The Montgomery advertiser., 1905-10-07

This morning at 10 o'clock in the Chancery Court before Judge A. D. Sayre. sitting as special chancellor. ar Eument will be continued In the case of Hall against Henderson and others.
The Montgomery advertiser., 1905-10-07
A Small Blaze .

An alarm from box 23, shortly before g o'clock tonight called the fire depart ment to the residence of A. N. Hall on Mabry Street. between Alabama and Selma, where a servants house in the back yard was afire. The house was badly damaged. but the flames were extinguished before they could spread. The damage will probably amount to about $20U.
The Montgomery advertiser., 1905-10-07

It is expected that Judge A. D. sayre will on Monday render decision on the petition of the woman's Home As- sociation Tor the appointment of ( receiver for the estate of the late L. K Boultier.
The Montgomery advertiser., 1905-10-07
WILSON vs. PIKE COUNTY. Bill to Enjoin Issue of Bonds.--Appeal

from Pike Chancery Court.
 1. Elections: place; notice.-Where the law prescribes the place of an elec- tion, the people take notice of 1t; and If a special notice is given by any officer, the provision is deemed direc- tory merely. But this would not be the case if the place were not fixed by law. so that notice became essen tial for that purpose.
 ?. Same: statutes; act to provide for elections on bond issue by coun- ties.-Under the act to provide for elections for the issuance of bonds by county (Acts 1903, p. s0), the elec- tion is to be held throughout the en- tire county; and sections four and five of said act require the appointment of managers to conduct the election in each beat or polling place in the coun- ty. This fixes the place of the elec- tion, and no special notice thereof is necessary.
 Affirmed.
 Anderson, J
The Montgomery advertiser., 1905-10-07
1...lr "plntinnmo welding.

In the village of veriux near chalon- sur-saone. France. a couple. aged 100 and so. respeetiyely. have just elaborated thA seventy-fifth anniversary of their wedding. which they called their platinum" wsd- ding
The Montgomery advertiser., 1905-10-07

Mrs. Pitner and daughter, Helen. have returned to their home in Rome, Ga-, after visiting friends here.
The Montgomery advertiser., 1905-10-07

Last night e special train of fifteen cars filled with oyster shuckers came in over the Western Railway and went south as Q special train.
The Montgomery advertiser., 1905-10-07
PHILLIPs-BuTToRF MANUFACTURE INrn COMPANY va WILD BROS

LIPS-BUTTORFF MANUFACTURE
 ING COMPANY vs. WILD BROS. Action on Verified Account.-AppeaI
 from the Circuit Court of Conecuh.
 i. Headings; omission from record: effect of.-Where pleadings are not dis closed by the record, the question of error, vel non. In the rulings of the trial court with reference thereto, can not be considered on appeal.
 2. Agent; guaranty: burden of proof. When a vendee is the actor In suit against a vendor on a warranty given by an agent of the vendor, the burden of proof, as to the authority of the agent to make the warranty, Is on the vendee.
 3. Same; same; same.-When a ven dor ia the actor in a suit against the vendee for the price of chattels sold, he is hound by the representations of his agent in making the sale. The vendor cannot ratIfy the sale In part, and re- ject 1t in part.
 4. Same; same; same.-When a ven- dor In the actor In a suit against the vendee for the price of chattels sold and the vendee undertakes to estab- lIsh a set-off arising from @ breach of warranty made by the agent of the vendor under A former contract. the burden of proof Is on the vendee to show the authority of the vendors agent to make such warranty.
 Reversed and remanded.
 Simpson, J.
The Montgomery advertiser., 1905-10-07

Miss Addie Barber has returned home after spending few weeks with refa-
The Montgomery advertiser., 1905-10-07
DUN & CO.'S REVIEW
WEEKLY SUMMARY OF CONDITIONS
 IN TRADE.
Preparations for Unprecedented Fall and Winter Trade Continue Without Diminution-Busf-
 mess IraiIures.

New York, Oct. CIR. G. Dun 6 Co.'S weekly review of trade tomorrow Will say:
 dominates and there Is no anxiety re- garding the future. Higher tempera- ture checked retail distripution or heavy. wearing apparel and other sea for unprecedented fall and winter trade continue without diminution: -Superla.. lives are needed in commenting on real estate transactions building permits. bank exchanges and railway earnings, and failure Statistics for the third r, death rate. Industrial activity. in- creases, a large tonnage of new busi- ness assuring full time at the steel mills still further into next year; foot wear chops show much heavier ship ments than In 1904. and the textile fac news weakened cotton and grain prices slightly, but there will be enor- nous profits to the growers. even if quotations go still lower No serious
 E fesTeG ,r no matter tt iba hSw iT terest of exporters. Latest reports of railway earnings in September show q years years figures. and foreign commerce at this port provided an Increase of $2.- I1S,2eo in imports. and 2 gain ot SEE. same week of 1904. strength prevails in the hide market despite increased receipts of cattle and some deteriora- tion in tanning quality. Leather is strong.
 States are IS5 against 240 last week and 222 the corresponding week last year. Canadian failures number 22 against 21 last week and 25 last year.
The Montgomery advertiser., 1905-10-07
Corfnne Hall have returned hqEne af-
 ter spending the summer in thS North.

Arthur Picard has returned to his home in Birmingham after visiting friends here for a few days.
The Montgomery advertiser., 1905-10-07
neWS in Brici,

A voluntary petition in bankruptcy was filed in the United States Court yesterday by H. M. Hines. of Montgom- cry.
The Montgomery advertiser., 1905-10-07
Groves
Formula Chill Tonic

You know what you taking, the formula is plainly printed on every bottle showing that Groves Tasteless Chill Tonic is Ouinine and Iron in tasteess well as the most acceptable and ef6cacious form.
 Drives Out Malaria and Builds Up the System Sold by all dealers for 27 years. Price 50 cents.
The Montgomery advertiser., 1905-10-07
In Police Court.

lice court this morning. The trial of the negro Will Morgan charged with assault with intent to murder, and which was started in the session of the court yesterday morning, was again taken up. At the conclusion of the trial the negro was bound over to await the action of the next grand jury in the sum of $f50.
 fine of $10 was assessed against Milley McCurdy. who was tried on the charge of disorderly conduct.
 w. T. Stewart was fined $5 on the charge of being drunk
The Montgomery advertiser., 1905-10-07

Social and Personal. Mrs. E. B. Ward of Greensboro Is relatives here.
The Montgomery advertiser., 1905-10-07
Monday Matinee and Night.
 n UaauI GrenfNr Mfuaf reoa.

Al. 70. FIefN Ireuter MHhte~s
 The Al. c. Field Greater Minstrels will arrive in this city m their two private cars Sunday morning, and will give two performances, matinee and night. at the Montgomery Theatre Monday. This popular organization opened the present season over two months ago. and the press through out the country claim 1t is the finest production Mir. Field has ever offered to the public. It is said to be big male operatic production.
 Seats on sale for both performances.
The Montgomery advertiser., 1905-10-07
GREEN ys. STATE.


 Indictment for Murder.-Appeal from
 Tuscaloosa County Court.
 i. Constitutional law; local laws The section of the Constitution (105) which prohibits the Legislature from enacting any special or local law by the partial repeal of a general law, has no application to local act amendatory of prior local law.
 g. Same: same; notice.--Where notice is given that bill will be introduced in the Legislature for the purpose of amending an existing local law in sew eral particulars. which are each separ- ate and distinct in substance, a defect in such notice as to one particular does not affect the other particulars wherein the notice was sufficient.
 g. Trial and incidents; charge of court.-Where. on request, the court gives its general charge in writing. there Is no error in allowing the jury to take the same out with them, on re- tiring to consider their verdict.
 4. Homicide; evidence; character of deceased.-On trial for homicide, evil dence of the turbulent, blood-thirsty and dangerous character of the de- ceased Is only admissible when there is testimony tending to establish that the accused acted in self-defence; where some overt act on part of deceased is shown, calculated to impress his slayer with the reasonable belief that he is in danger of suffering grievous bodily harm or death. and there was no req sonable mode of escape. And such evil dence, when properly admitted, is Him. ited in Its consideration by the jury to determine solely the meaning of his overt act or demonstration. (Fields vs. State, 47 Ala. overruled.)
 6. Same: same; justiflcation.--Where a defendant. on trial for homicide, seeks to justify the killing on the ground of self defense, 1t Is only in- cumbent on him to show: first that at the time. there was a necessity to take life, or that the circumstances were such as to create in his mind a req sonable belief that 1t was necessary to save life. or to prevent great bodily harm; second. that there was no req sonable mode of escape. When these ingredients have been established. the burden Is upon the State to show that he was not free from fault.
 Reversed and remanded.
 Haralson, J.
The Montgomery advertiser., 1905-10-07
MONTGOMERY THEATRE. Matinee Toany 2s3O
 And Tonight.
.The Fortune T,

Some idea of the magnitude of the production of The Fortune Teller. which comes to the Montgomery Thea ire matinee today and tonight, can be gathered from the fact that there are no less than twenty-three changes of costume for the chorus. The company includes Miss Grace Orr Myers and many we'll known comedians and sing CTS with a big beauty chorus, and the production of scenery and cos- tunes is one of the most elaborate seen in recent years.
 Seats now on sale for both matinee and night performances.
The Montgomery advertiser., 1905-10-07

Mrs. Joe Baker and children and Miss
The Montgomery advertiser., 1905-10-07

Mrs. stickney of Greensboro Is here for a few days