davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1905-07-31
Opinion by Haralson, J.

WEBB & STAGG V. JEFFERSON & co. Attachment Suit.-Appeal from the Cir
 cult Court of Blount
 l. Attachment insufficient; affidavit, writ and bond can be amended.-Any irregular or defect of form, or of sub stance in any affidavit for an attach ment or in the bond or writ of attach ment, may under provisions of the statute, (Code, Sec. 564), be amended before or during the trial.
 2. Justice of the Peace: amendment of claim so as to bring 1t within the Jurisdiction of justice.-1n a civil suit brought before a Justice of the Peace, the plaintiff may, at any time before or at the time of the rendition of judg- ment remit the excess of his demand over and above the sum for which the justice is authorized to render judg- ment. so as to bring the case within his Jurisdiction.
 8. Justice of the Peace; want of Jurisdiction must appear in face of pro- ceedings on appeal-Where the ques- tion of the want of jurisdiction in a Justice of the Peace to render a judg- ment. is raised in the Circuit Court in proceedings by common law certiorari to vacate the judgment, the want of Jurisdiction must appear upon the face of the proceedings filed by the justice in the Circuit Court in response to the "IiI Oi dflu Sdlu Clituit Court 1t cannot be shown that the re- cord recitals certified by the justice were not true.
 4. Justice of the Peace: common law certiorari; judgment cannot be rend- cred against sureties on certiorari bonds.-The statute. which provides that when on certiorari the judgment is affirmed. Judgment must be rendered against the sureties on the certiorari bond, as well as the principal Code, Sec. 493), applies exclusively to stat utory certiorari; and when a bond is given for common law writ of certio- rari. to bring up to the Circuit Court. the proceedings before Justice of the Peace, upon the affirmance of the judg- ment, 1t Is error to render judgment against the surety on the certiorari bond.
 Corrected and affirmed
 Opinion by Haralson, J.
The Montgomery advertiser., 1905-07-31
DONALD V MANUFACTURERS FIX

DONALD V MANUFACTURERS Ex-
 PORT CO. ct al
 Bill in Equity by Stockholder for the Removal of Directors. the Appoint
 ment of Receivers and Dissolution
 of Corporation.--Appeal from the
 Chancery Court of Mobile.
 1. Corporation: when directors should not be removed or receiver appointed Where a bill Is filed by a stockholder of corporation. complaining of ma1- feasance and encouragement on the part of certain directors, and asking that such directors be removed from the management of the affairs of the company and be enjoined from exer- cising any of the powers of stockhold- CTS or directors. and for the appoint ment of receiver for the corporation, and a dissolution of the corporation, and 1t appears from the bill that the business of the corporation was not confined to the execution of the con- tracts and transactions. in which it was alleged the said designated directors were unfaithful to the corporations in- terest and it is not shown that said directors have any adverse interest in such independent business, nor does 1t appear that there Is any mismanage- ment of the corporation In relation to the same. therc is shown no ground for the appointment of a receiver or for removing said directors from the man. agement of the affairs of the company, or restraining them from exercising powers as stockholders or directors of the corporation.
 Affirmed.
 Opinion by Tyson, J.
The Montgomery advertiser., 1905-07-31
Marion MiIltary Instltuis.

Applicants for admission must present testimonials of good moral charaoter aud oe creditabie standing in the school Iast at- tended.
 Personal attention and indivtduai sns1Fue- ton. All professors live in the InstffGfeL home in each building for the soe3at a1A moral culture of the students.
 ,. For catalogue address J. .. Murfe4
The Montgomery advertiser., 1905-07-31

expert opinion until the facts upon which to base his opinions have been properly hyp0saesized before him.
 [. Discharge of employe. what good ground for.-When an engineer of a ginnery is dir ected by his employer to be at his post at daylight next morn- ing, and is informed also that the fire- man has been instructed to have up steam at that time, his failure to be on hand, without good excuse, until a half hour after sun up, is a good ground for his discharge.
 Reserved and remanded. ,, Opinion by Dowdell, J.
The Montgomery advertiser., 1905-07-31
corrected ana dIIlfme ed.
 Opinion by Haralson, J.
HARDIN V. THE ST

HARDIN V. THE STATE. Indictment for Murder.-Appeal from the Circuit Court of Covington County.
 1. Evidence; redirect-examinatfon. Where on cross examination of @ wit
The Montgomery advertiser., 1905-07-31
Head-Notes Qfthe Decisions
 @ Supreme Court Alabama

ness by the defendants. it is shown that one of them told the witness that 1t would be best for the witness to leave River Falls. it is competent for the State to ask the witness on redirect examination, How long did you stay at River Falls after the kiIling7" ?. Same; evidence of absent witness on former trial.-Before the evidence Of an absent witness, given on a former trial. can be put in evidence. 1t must be shown sthat tffefNwitness Is beyond the Jurisdiction of the court, and proof only that the witness could not be found in the county of his residence. by the Sheriff and his deputy, after dili- gent search. is not a sufficient predi- cate to authorize the introduction in evidence of the testimony of such wit ness given on the preliminary trial of the defendant.
 8. Trial and its incidents; remarks made in argument.-Where the attor- ney for defendant in his argument states that a witness was unworthy of belief, question by the Solicitor, why the defense did not bring testi- mony of residents of the county in which witness resided to impeach the witness, cannot be affirmed as being improper.
 4. Charge to jury; reasonable doubt. A charge to the jury as to a reason able doubt of defendants guilt, which is not predicated upon a considera ton or all the evidence in the case, is prop erly refused.
 5. Homicide; duty of retreating - Where the defendant, being lawfully in the house of another, has a personal difficulty with third party, he is un- der the duty of retreating before talk ing the life of his opponent, if he can do so without increasing his peril. The rule applicable to a person in his own house, does not apply in such case. Reversed and remanded ~..
 Opinion by Tyson. J.
 FLETCHER V. PREsTWeOD Action for Damages for Breach of Con-
 tract.-Appeal from Circuit Court
 of Covington County.
 l. Measure of damages for breach of contract.-Under a contract, by which defendant agreed to run and saw cer- tain logs for the plaintiff with all due diligence and as fast as water will per- mit,' which contract by its terms. was to terminate at the expiration of eight months, a charge that the measure of damages for a breach by delay was the difference in the price of the tim Der at the expiration of the contfact and the price received for said timber" states an erroneous basis for the conn putation of damages.
 ?. Construction of contract.-JTnder a contract whereby the defendant agreed to run and saw certain logs for the plaintiff with all due diligence and as fast as water will permit, the defend ant has no right to postpone the run hing and saving of plaintiffs 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 stipuIa- tion as to water permitting has refer ence 10 natural conditions such as drouth and the like. and does not cover the fortuitous breaking of a dam
 Reversed and remanded.
 Opinion by Mcclellan, C. J.
The Montgomery advertiser., 1905-07-31

MORGAN V. SAho. Action for Damages for Personal In-
 juries. Caused by Defective Eleva-
 tor-Appeal from Circuit Court or
 Jefferson.
 1, Elevators; common carriers When a merchant, who operates an el- evator for the transportation of ms customers from one floor of his store to another, invites one to take the ele- vator, the relation of carrier and pas senger arises. { 9. Same; same; negligence-A car rier of passengers on an elevator Is guilty of negligence if he leaves the door of the elevator shaft open, with no bar or other obstruction to prevent passenger from walking into it.
 &. Same; same; contributory negli- gence.-Whether a passenger who Is directed by carrier to take an eleva- tor. is guilty of contribhtory negli- gence in walking rapidly to an eleva- tor and stepping through the door without stopping to see whether the elevator was in place or not, Is ques- ton for the jury; and this, whether the place was well lighted or not.
 Reversed and remanded.
 Opinion by Tyson. J.
 MORRIS V. MONTGOMERY TRACTION
 COMPANY.
 
 Running Line on Strcet-Appeal
 from City Court of Montgomery. in
 Equity.
 l. Street railroads; burden on abut- ting owner; streets.-Streets and high ways are dedicated to the use of the travelling public, and street railways, which are for the purpose of facilitat- ing travel, impose no additional burden on the abutting owner
 2. Same; same; nuisance.-A street surface passenger railway constructed at street grade in the usual manner. and operated by animal power or by electricity, Is not per SC public or pri- vate nuisance. nor is 1t a new servitude imposed upon the land for which tho owners of the fee are entitled to com pensation.
 3. Same; use of street.-There is no limit to the use of a public street for the purposes of travel thereon, so long as such use does not interfere unnec- essarily with the ordinary modes of travel, and Is no substantial impair ment of private rights of property
 Affirmed.
 Opinion by Haralson, J. ---.:.
The Montgomery advertiser., 1905-07-31

mon-wed-fr fri
The Montgomery advertiser., 1905-07-31

CLASSIFIED advertising simplifies your stack would be easier if the hay stack were classified" and the needle placed like many want ads. were threaded with a golden thread. the quest would be still more attractive
 IF you overlook the want advertisements you overlook what, to many people, is the better half' of the NEWS.
The Montgomery advertiser., 1905-07-31

Advertisements will be inserted in this
 column. under any classified heading. ct thess rates: Twenty i've cents foe
 twsnty-nve words or less. each inssr-
 ton. and one csnt psr word for twenty 0ve words or over, each insertion. Cash must accompany each advertisement
The Montgomery advertiser., 1905-07-31
MORGAN V. SAKS,

MORGAN V. SAKS. Action for Damages for Personal In juries Caused by Defective Eleva- tor.-Appeal from Circuit Court or
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1905-07-10
Claude Doane and Jose Baca
Captured by Williams and FornoH

they got out Of prison they were in
clined to go to stealing again.
1t seems that the men do not deny
having been concerned in some in
fraction of the laws, but Doane very
strenuously denies being guilty of the
murder of the school teacher Lyons, of
which he is accused. He protests
that he can prove his innocence of
this crime
Secret service officer Fornoff was
put on the case because the murder
Of which the men are suspected was
committed on the edge of the govern
ment reservation of Zuni. Both are
charged with horsestealing in Berna-
lilo county. 1t is claimed that they
drove away a bunch of Albuquerque
horses. Sheriff Hubbell gave chase
and came up with two men whom he
claims were Doane and Baca, In a
deserted house. The men escaped
under fire, but the horses were found
in a corral and driven back.
Doane was recently released from
the pen, where he served a five year
term for cattle rustling. Baca re-
Gently completed five year term for
firing the shot that killed John Max
well of Gallup. He has served two
terms for stock stealing.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1905-07-10

We sincerity OF his genial friendship,
a refreshing and pleasant remem.
brance to be treasured always. The
evening was taken up with brilliant
display OF fireworks, followed by a
dance, an enjoyable feature Of which
was executed by Richard Rudolph as
Miss Brown and Mr.. Green as Mr..
Brown in the fancy mazes of an up
todate cake walk. The sincerest
good wishes for the happy and pro-
longed welfare OF Mr.. Pendaries and
that those that were near and dear
to him may be blessed with the happy
enjoyment Of many more such birth
days by his loving presence In their
midst. are extended by his legion of
friends, in memory Of his eigthieth
birthday.
Those present were: Mr.. John Pen
daries, Mr.. and Mrs. Charles f. Ru-
Rudulph, Messrs. John, Louis and
Mr.. and Mrs. Jose A. Baca; grand
children, Miss Marie and Marguerite
Rurulph, Messrs. John, Louis and
Richard Rudnlph, Misses Bessie,
Marie and Carlos Dunn. Jose A .Baca,
Jr., Emilia and Marie Baca. Guests:
Mr.. J. f. Daudlin and Mr.. II. F. Shaw
Of Boston, DIR. G. Losey and wife of
Chicago, Mr.. Green Of st. Louis, Mrs.
G. +. Cutler, Frank Cutler, Harry
Cutler, Mis- Katie Stapp, w. B. Stapp
and Robert Smith.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1905-07-10
Eghieth anniversary Of John Pen
daries Celebrated With Eclat

Surrounded by his loving children,
grandchildren and few close
friends. and amidst music, song and
general rejoicing, John Pendaries, the
esteemed pioneer citizen Of Rociada
passed the eightieth milestone OF his
honest, upright and noble life on the
fourth day Of July. Many hearty con.
graMlations and tokens Of esteem
were received by Mr.. Pendaries. and
those who participated In the festivi-
ties at his beautiful country home at
Rociada enjoyed whole-souled, old
time hospitality never to be forgotten.
The morning Of the fourth was
opened by the booming Of cannon at
sunrise and from then the time was
pleasantly spent with light amuse-
ments until two o'clock when there
assembled around heavily and rich
ly laden table the many estimable
members of his honorable family cir
Gle. BY request, DIR. G. Losey of Chi
cago acted as toastmaster and at his
witty call, accompanied by patriotic
strains discoursed by a competent or
chestra, the sumptu0us feast was in
terspersed with deep sentiments Of
high regard and respect for the good
name and many noble qualities Of
MIR. Pendaries. his life to the younger
generation shining example, and to
his many friends, who have felt the
warm glow Of his welcome smile and
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1905-07-10

William Harrison, for four years
connected with the First National
bank of Denver, arrived in the city
Yesterday morning from Espanola.
The gentleman tells Of the capture at
a lonely cabin in the Taos valley Of
Claude Doane, the ex-cOnvict, outlaw
and alleged murderer and his as
sociate, Jose s. Baca, by Officers
Ben Williams and Fred FornOff. The
prisoners were brought down to
Lamy. whence they were taken TO Al
buquerque on the train on which Mr..
Harrison was passenger.
Doane and Baca were captured FRI
day evening just at dusk. Fornoff
and Williams crept up and got the
drop on the men, who surrendered
without show of resistance.
Mr.. Harrison says that at Santa re
the governor boarded the train and
had an earnest talk with the prison
ers. He told them it was time they
made UP their minds that the officers
would catch them every time they
broke the laws. He reminded them
that Doane had now been caught
three times and Baca four times.
The men told the governor they had
no one to blame but themselves for
their misdeeds. Somehow as soon as
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1905-07-10
lola Cranks Take Unius,iRabls
Measures 10 Express Enmity
To Liquor Traffic.
HEAVY EXPLOSIONS
OF DYNAMITE
One Man Injured and Lot Of
Valuable Store property Des.
trOyed by Action Of Fiends.

lola, Kas., July 10.--Three soloons
In West street in the heart OF the
business portion OF lola were COM
pletely wrecked by dynamite early
today. Much damage was done to
other property In the vicinity and the
loss is conservatively estimated at
100000. J. Il. Thorpe owner OF one
Of the saloons, was injred. The ex-
plosion was apparently the work Of
temperance reformers.
The wrecked saloons were known
as the Red Light. Blue Front and
Eagle. There were two distinct ex-
plosions. each OF terrific force. The
explosion demolishing the three
saloons damaged the Palace store, the
drug stores Of Campbell. Barrell,
Cowan and Ausherman across uhe
alley in the rear and shattered doz.
ems OF plate glass windows In the
business section. The explosions
were heard at Humboldt, nine miles
distant. The mayor has offered a
reward for the miscreant and called
a special meeting % the city council
to consider the situation. There has
been much agitation In lola recently
to close the saloons which have been
run openly IN violation Of the pro-
hibition law.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1905-07-10
Horrible Death For
Brother Of Noted
New York Publisher

New York. July l0,-Arthur Neely
los, his life In fire In East 44th
street early today, He was brother
of +, Tennyson Neely, publisher Of
this city and lived In Chicago. f.
Tennyson Neely witnessed the death
Of his brother, Arthur slept on the
top floor Of the building. His es.
cape was cut off and he then cried
for help al his window while his
brother on the roof at n window just
under the third story implored him
not TO jump, When the frenzied man
could restrain himself no longer his
brother dragged mattress to the
roof for him to jump on. Arthur
Jumped but missed the mattress and
rolled to the street below, landing on
his thead. Several other persons
escaped death.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1905-07-10
albuquerque Boy Dragged to Death

Laguna, N. NJ, July 10.-Yesterday
afternoon Julian Jaramillo, one of a
large search party which had been
out since morning, found the dead
and horribly mangIed body of Carpio
Pine, about one mile west of Cubero.
Pine had been dragged to death,
his foot caught In the stirrup Of a
frightened horse which, according to
the bloody story told by the rocky
trail over which the maddened ami
NAL ran, must have resulted in hor-
rible torture before death came. The
young man was dragged more than
a mile before released from the stir
rup. -
Young Pine left. Cubero last night
on horseback to go to Acomita, three
miles away.
Early yesterday his horse came
back with the empty saddle turned
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1905-07-10
Judge Spencer Appointed Receiver

in 1904. and has capital stock of
$2.500.000. The banking business was
conducted along new lines, the greater
part of the subscriptions for stock
and deposits being sold by mail Sec
retary of State Swanger filed a state
ment today in regard to the banks
assets: "The Peoples United States
bank has varied sums on deposit
with different cities of the United
States, the total amount cash being
about $1.600.000. 1t has also $4,000
in government bonds. There are also
securities of University Heights prop
erty and of the Lewis Publishing
company. amounting to 100000"
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1905-07-10
Capture Russian Guns

London, July 10.-A dispatch to the
Japanese legation from Toxic, an
nounces that the Japanese force on
the island Of Sakhalin which is pur.
suing the Russian troops. has captured
four guns and quantity of ammuni
ton.
Japan Holds Powerful Lever.
st. Petersburg, July l0.--With the
japanese flag hoisted for the first
time on Russian soil, after eighteen
months of war, the importance of
the japanese landing on the island of
Sakhalin is generally admitted both
in newspaper comment and in govern
ment circles. The complete occupa-
ton of the island is regarded as a
foregone conclusion.
The Novoe Vremya voices the gen
eral sentiment in holding that the
control of Sakhaln puts a powerful
lever in the possession of Japanese
diplomacy, which finally has some
thing tangible in It's hands to throw
upon the scales with the sword at the
coming conference.
There is divergence of opinion
with regard to the effect it will have
upon the negotiations at Washington,
some of the irreconciliables declaring
that 1t makes peace at the present
juncture more impossible than ever
before, as Japan will be able to de-
SessiDn Of sts& issael1 ana q
heavy fdHsHfMty asAweiI, Which terms
Of Tfeare 'will sbe too ,costiN but 1he
pfevalent opinion is that Japan has
now in her hands enough trumps to
take the game.
The attack on the island certainly
dissipates one of the hopes of the
peace advocates, who have been sug-
gesting that its voluntary cession
might be an offset, with Port Arthur
and the Chinese Eastern railway,
against payment of a large part or
all Of monetary indemnity.
No further report of this landing
operations has been received.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1905-07-10

st. Louis, July 10.-On the request
of Secretary of State Swanger OF
Missouri, Judge Nc Ell Kinney of the
st. Louis Circuit court today ap-
pointed Former Judge S. P. Spencer,
receiver for the Peoples United
States bank against which
fraud order has been sustained
by the federal postal authori-
ties. Judge Spencer Immediately
qualified, furnishing s25O.00O bond
and at once proceeded to the head
quarters of the concern. where he
took charge. The bank was organ
lied by Edward G. Lewis of st. Louis
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1905-07-10

dyulge his name or Identity. and his
actions were such as 10 keep him con
stantly under police surveillance, The
bank men held as q record for the
$4,000 deposit only half OF piece
Of paper upon which Scott lad writ.
ten few uninteligible words. The
other half he took away with him
and brought back with him when he
drew out his bullion, only 10 have II
stolen.
Behind Schedule.
Los Angeles. July i0.--Alvices re-
ceived AT the Office of train dis.
patcher OF the Santa Fe railroad In
this city, show that Scott's special
which left here yesterday In the effort
to make a record.breaking run to Chi.
cago, has been losing time, and at
Kingman, Ariz.. was thirty.two min.
utes behind time. The average run.
ming time is forly-three miles an hour.
Time Is expected TO be made up NJ.
ter leaving Albuquerque.
On Time at albuquerque.
Topeka, kas., July l0.--The Walter
Scott special on the Santa Fe reached
Albuquerque at 9:32 this morning and
left at 9:37 Santa Fe officials here
report the train practically on sche.
dule at Albuquerque.
Great Wager.
Los Angeles, Cal, July lp.--The
special Wain OF Walter Scott, the
Cowboy Croesus," left Los Angeles
for Chicago over the Santa Fe at |
o'clock yesterday afternoon on what
Is expected TO be record-breaking
trip between these two cities.
The Santa Fe has guaranteed to
get Scott into Chicago, distance of
2,265 miles. in forty eight hours,
which is four hours quicker than the
run has ever been made. In addition
here is also an agreement, II Is said,
between Scott and the passenger de.
partment Of the railroad, by which
he company Is 10 forfeit $50 per min.
ute for every minute they run over
Lhe specified forty eight hours up 10
4 total OF 81 600 On the other hand
Scott Is to pay the company $50 per
minute for every minute that the
company beats the guaranteed time
up TO $500
II Is SCOTS intention, II he sue
reeds IN lowering the record between
Los Angeles and Chicago to charter
4 train when he reaches the latter
city and make try for the record
between Chicago and New York
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1905-07-10

and hanging to his side.
A search party was organized at
once and the bloody trail was soon
found, leading Jaramillo to the body
No violence Is suspected, for the
trail seems to tell the whole story.
From the marks Ii seems that the
horse must have stumbled in a prairie
dog hole, and that In falling, he threw
his rider, one foot remaining In the
stlrup; and that the horse became
frightened and ran away. There is a
clear trail of blood on the rocky rosd
for half mile. The body was badly
cut up and disfigured.
Pine was twenty-five eyars old and
was popular here and In Cubero. He
had been attending school in Albu-
querque up TO six months ago. His
death has cast shadow over the
whole community.