davidaulloa/AmericanStories huggingface dataset:
Bluefield evening leader. [volume] (Bluefield, W. Va.) 1906-1911, 1906-06-12
TO THE PUBLIC.
ON IL May Concern:

To Whom IL May Concern:
Mr.. G.. II. Ragaa was the architect
and builder on our new factory and
storage houses which we recently
sold to the r. ]. Reynolds Tobacco
Company. II gives me pleasure to
state that MIR. Ragan gave US entire
in the capacity OF archi-
tect builder and manager, and we
found him entirely satisfactory and
In these capacities. He Is
a gentleman OF honor and integrity
and attentive to his work. with no
had habits. can heartily recon-
roend him I'm the above capacity.
PANNILL RUCKER.
President Rucker & Witten
Tobacco Co. and Manager
for Martinsville Branch OF
r. ]. Reynolds Tobacco Co
g. II. Raglan.
Architect aud Builder, -
omces owe billiards. Drug Store
SALEM, VA.
plans and specifications prepared
On the very shortest notice.
The Montgomery advertiser., 1906-10-26
University Glee Club.


 University. Ala. Oct. 24.-(SpeciaL) .--Mr. Tom Garner, director of the Unl- verslty Glee Club, has announced the names of those who will compose the club for the current session. There were flfty-four applicants for posi- tions. The following were selected |: First tenors. L. w. chapman, W. k. Parsons. T. E. Ward, Auaison White; second tenois. 5. ii. ttopbs r. B. Jones, B. l.. Noojin, B. F. SnIth, Ans- lin White, l.. ii. WoouruR, (. 5. Wood: 01st bassos, J. r. Chapman. ]. M. Don sohc. Alonzo hIl, q. NJ. Marecnai; second bassos. J. c. Bell, J. H. Ca baniss, F. ii. Craddock, T.. w. Jones. 6. F. Cianbaugn, J. r. Van De Noort
 While the supporters of the Crimson and White were chagrined at the re- suit of the football game last eatur- day with Vanderbilt, they have not lost heart The team that represented Ala baxna last week was composed entire ly of scrubs. It is hoped that rest up of a week or two will put the dis abled players into shape. The next game will be with the A. X NJ. of Mississippi, in starkesviile, Nov. 5
 Among the University people taking in the Faer at Montgomery are Mrs. John w., Abercrombie and children, Miss Evelyn Ashley and MT. Emile Haunon.
The Montgomery advertiser., 1906-10-26
Frank Tennille Furniture Co.

the office of supernumerary judge Is not unconstitutional. B. Indictments; Quashing; Grounds The failure of the jury commission to take the special oath required by Sec- ton 4977 Code 1896. before drawing
 the grand jury is no frounds for qudsh : ing the indictment, and If irregular IS
 cured by Section 5269, Code 1896.
 f. Jury; Gushing Venire; Grounds; i;
 Failure of Jury Commissioners to Take
 Oath.-In the absence of any fraud
 in the drawing of the jury, the mere failure of the jury commission to take
 the special otth prescribed by section
 4977 Code 1896. furnishes no grounds
 for quashing the venire.
 D. Rape; Carnal Knowleds se of ln- fant; Evidence.-In a prosecution for carnally knowing or abusing a female under ten years of age, 1t Is competent for the mother to testify that the child seemed excited and looked as If she had been crying.
 6. Criminal Law. Evidence; Rele- vancy-where the evidence of the place of the alleged crime was not dls- puted evidence that the. mud on de- fendant's pantaloons was like the muo at that plac was relevant and admis- sable.
 I. Same; Attempt to Bribe Witness. Unless it Is shown that defendant knew of, procured. or consented to his fathers actions, evidence that defen- dant's father tried to get witness to offer another witness money to leave | the vicinity is not admissible. s. Same: Evidence: Relevancy Evidence that a short while before the alleged ofense, defendant cursed ana abused witness and struck her with a stick is inadmissible and frrevelant, ana preiudicial to defendant.
 g. Same; Trial; Punishment of Wit ness for Contempt.-The court had the power. and properly exercised 1t. to | punish for contempt witness who ap- | neared in the court room intoxicated and appeared on the witnes stand with | bottle of liquor in his pocket. | 10. Same; Trial; Instructions.-It | is not error to refuse$ requested in | structions substantially covered by charges already given.
 l II. Same-Charges which incor-
 rectly state the evidence are properly | refused.
 l 12 Same: Argumentative Chargesi- Charges calling attention to discrepan- cies in the evidence and stating what | is indirect and what direct evidence
 are argumentative and properly refus- | ed.
 | 13 Witnesses; Redirect Examina-
 tion.-Where the defendant. on cross examination, developed the fact that l ed offense the states witness left the 1 state and remained away a month. It
 was proper to permit such witness, on
The Montgomery advertiser., 1906-10-26
Ter that it did not-sufficient describe

Ter that it did not-suficient describe the premises.
 ?. Same: plea; justifcation.-A plea is insufYicient as an answer to com plaint in trespass to realty. which al- leges that before the happening or the matters complained of defendant had permission to enter Apon said land' and construct It's telegraph line across the lands described in the complaint such permission being granted by the railroad company. whicn was duly au- thorized to grant such permission. the facts therein SC, up being in mitiga- tion of damages, and not a 5ustif1ca- tion. and available under the general issue.
 B. Same; exemplary damases- When a trespass on land is attended by aggravating circumstances of wan tonness or malice. exemplary damages may be awarded.
 A.. Same-In an action for trespass where 1t is shown that defendants fence was- destroyed in several places and that such destruction was not nec- essary to tho work being done in re- pairing the line. the jury may infer malice and wantonness authorizing the assessment of exemplary damages.
 Appeal from Mobile Circuit Court
 Heard before Hon. Samuel B. Browne. &
 Affirmed Opinion by Anderson. J.
 Tyson, Simpson and Denson. JJ. con- cur 4-''
The Montgomery advertiser., 1906-10-26
Prieata See Rooseyelt.

Washington, Oct. 24-The President today received Father w. H. ketcham the director of the Bureau of Catholic Indian Missions, who introduced pmall delegation of Oklahoma mission ary priests He also saw Rev. w. F. Price, of Files. Texas. who asked a pardon for J. M. Mcknight, now In the federal prison at Atlanta on the charge of wrecking the German Ma tional Bank of Louisville, Ky.
The Montgomery advertiser., 1906-10-26
Roosexelt in the G. \. R.

Washington, Oct. 24.-i resident Roosevelt was today mustered in as an honorary member of the Associate Society of Farnsworth Post, G. A. R-. of Mount Vernon, x. Y. The ceremony took place in the cabinet room of the executive offices and was conducted by General Horace Porter. The Pres fdent made a few remarks of patriotic character.
The Montgomery advertiser., 1906-10-26
SIMS vs. THE STATE.

Rape. Decided May lIth. lSO6.-4l
 So Rep. 4l3)
 l. Criminal Law: Former Jeopardy, Insufficient Where the plea setting up former jeopardy con tained the indictment on which the jeopardy is alleged to rest, and which shows that said indictment was insuf ficient io support conviction, demur- rer was properly sustained to it. as jeopardy does not arise on an indlct- mcnt insutfihient to support convic- tiOn.
 ?. Judges. Supernumorary Judge; Validity of Statute.-The act creating
The Montgomery advertiser., 1906-10-26

DA VISION ES. 1 HE IAlE Assault Wlln Intent to Murder. tDe-
 rlued May Huh. lyU6.-4l So. nep'
 l. homicide; Assault with Intent to Muidef Defense ui Hauitation; ln- .rucI!oil--l, ..ere the evidence show cal lltl wnen une shooting was done uv.e..uunt wds Just uu.slue the encios- uIt ,u the uunie Of w., an instructioh lhal II detenudnt was assaulted Dy prosecutor m d way caIcuiated, To ieau a rcasuilau ule man 10 believe that ue- feunant was in danger oi lite or limb from lue assault and defendant so pe- lleved ana ueIenuant was free rom lau.t m br,ng.ng on the uiIhcul y; then ueienudnl was not bouqd 10 retreat be- fore strIKng Tn self defense, Il ueten- dant was at the nome of w.. by her ,nvIIation, was propertly refused as extending the privlieges of the home to the highway outside her enclosure.
 g. eanle, oe.f Deiense.-lt Is not su.hclent that circumstances are ap- parent,y dangerous to reaSonaolo man 70 iu,tiIy person in shooting III self defense.
 3 Same.--A charge asserting that if w.. invited de.enudnt to her home and defenuant was assaulted by ono not member of the family. wplls' there. without fault on his part, de- fendant was not bound to reGrdat De- fore stl ikins In self defense, was prop erIy refused. in the aosence of any evidence showing self defense
 1. Criminal Law; New Trial; Dlcre- tion ot C0urt.-in criminai case motion for new trial is addressed t" the discretion of the court, and no: rec viewabie on appeal
 'kenearine oe"leu June 3Oth, 1908
 Appeal from Coosa Circuit Court.
 Heard before Hon. G. A. SOrrclt Special Judge.
 Affirmed. opinion by Simpson. J. Tyson, Anderson and Densou. Jj.
The Montgomery advertiser., 1906-10-26
ROCK ISLAND SASH AND DooIs WORKS W. MOORE. HANpLEY
 HARDWARE COMPANY

Action on Common Counts.-tDecided
 May goth. 1906. "-41 So. Rep sOS).
 1. Appeal: review: harmless error; ruling on demurrer-Where demurrer to certain pleas were overrut-d. ana these pleas were afterwards withdraw. the courts action on the demurreis will not be reviewed on appeal
 9 Evidence: written contracts; vari- ance by parol--It is not offending the rule against varying written contracts by parol to permit evidence to be Tn troduced to show that the two written contracts in evidence related to one ana the same transaction and were, in eI- feet. but ono contract
 g. Sales: severability of contract The defendant ordered one car of sash, with the privilege of three cars at cer- tain per cent cfY list price. specifica :. tions for the first car to he furnished within twenty days. and if otheri are taken. all to be furnished by April 1st after date of order. Held: Such contra was severable. and that plaintih Wa" liable for failure to furnissh other cars, although defendant. did not fur nish srecifications for first car in time limit. for which defendant was liable
 (. Same--Where the buyer was l." pay for goods in installments. and the goods were to be delivered In install ments. such contract Is severable, and it, default of either party in one ol the installments will not ordinarily entitl" the other to abrogate the contract en- tirely.
 sRehearing denied June 3dth, 1906.
 Appeal from Birmingham City Sourt.
 Heard before Hon. Charles w. Fer guson.
 weakley. C. J., Haralson and Denson. II concur.
The Montgomery advertiser., 1906-10-26

executed to defendants was to secure a loan of monsy obtained by her of them
 3. Triar order of proof: discretion Tt is within the discretion of the trial court to allow evidence in rebut- tai that might have been offered in chief.
 {. Same: objection to evidence; time. After argument of counsel has be- gun 1t is too late to object to the ad-
 instability of evidence offered on the trial. 5. Same; reading evidence to jury - Where certain receipts had been of- fered and received in evidence. .coun- sel for plaintfff had the right [" ref"r to them in. argument. and to read them to the jury then for the first time. 6. Trespass; title; burden Of prof. -Plaintiff. in an action for trespass by taking personal property. Is not bound to show that the legal title was in her or in any other person. the gist Of the action being the disturbance of the possession.
 '. Same; punitive damages.-Where there was evidence that the taking was done in a rude. wanton or reckless manner, and was accompanied by, cir cumstances of aggravation and oppres- sion, exemplary damages may be awarded. in an action for trespass. Appeal from Bessemer City Court
 Heard before Hon. B. C. Jones. ,
 Affirmed. opinion by Weakley. C. J.
 Haralson. sRowdell and Denson. JJ.. concur.
The Montgomery advertiser., 1906-10-26
WESTERN UNION TELEGRAPH TO
 y DICK EMS.

Damage for Trespass 70 Realty
 TreSrass; pleadings; yomplalnt--. A count of complaint alleging tha' trespass was committed upon the pop crty "f the plaintiff "a description or which IS hereto attached marked eX- hihit A. and made part hereotI that portion of the same which lies adJa- cent to the roadbcd of the southern Ky Company" is not sut ject to demur-
The Montgomery advertiser., 1906-10-26
CALDWELL THE SIAiE E.

CALDWELL V THE STATE. Bigamy.-i May 2s. isoo.--f
 So. Rep. 413).
 | Indictments former requisites venue statutes--Under the provisions of Section 1902. Code lS9S. 1t is not hec .ssary to aver in an indictment TOT bipamv where the bigamous cohautta' tion occurred, either as to state or county. .'.N ,
 ?. Bigamy evidence: admissibility Where it was shown by a witness that defendant had made prior mar riaee. 1t was competent to show acts declarations or admissions of defend ant in recognition oi the alleged nrs' wi:e as his legal wifi. le
 3. Witnesses: confidential communi- cations; husband and wife-Aeietter containing no facts of a confidential nature from accused to one whom nc addressed as his wife and signeo your loving husband, Is admissible in evidence as against objections tha' 1t was a confidential communicable" between husband and wife. where tn, letter was properly identifed.;
 f. Indictments: allegation: proof' Va riance.--An indictment alleging the name of the former wife as Lydia E." is supported by proof that hei name wasrLiddie E.
 Appeal from Elmor Circ;iit Court.
 Heard before Hon. S. l.. Brewer.
 Affirmed Opinion by Weakley, C. J
 Haralson, Dowdell and Denson' JJ. concur.
The Montgomery advertiser., 1906-10-26
CHANCELLOR V. LAW & EDMONDS. Trial Right of Preperty-tDe.io .ioeo
 May 3Oth 1906.--41 So. Rep. 51D.

-Mdy
 Landlord and Tenant; 1andlords lien: estopple to claim.-The tendencies or the evidence were that Chancellor. as landlord. said to L. & E. that the ten ant D. was to have the land rent free for the year in question. md that he held no claim to the crop grown on the land. and upon such representation l. & E. made advances to the tenant n to enable him to make the crop talk ing d mortgage on same as security therefor Held: The landlord, If he made such representation. estoppe:i himself from asserting his lien as
The Montgomery advertiser., 1906-10-26
JOHNSON V. JOHNSON. RiIl to Ouiet Title.

JOHNSON V. JOHNSON. Bill to Quiet Title. Quieting title. statutory action; pos session.-A bill to quiet title is not maintainable when tfie evidence dla closes possessory acts on the land py defendant. the statute requlli ing peace able possession in plaintiff as a con dition precedent
 Appeal from Clarke Chancery Court.
 Heard before Hon. Thomas H. smith.
 Reversed and remanded. Opinion by Simpson, J.
 weakley, C. J.. Tyson and Anderson, JJ., concur.
The Montgomery advertiser., 1906-10-26
Head Notes Q Me Decisions
 Of Alabama Supreme Court
for advances made tn:

against L. & F.. for advances made tns tenant. Appeal from Geneva Circuit Court.
 Heard before Hon. H. A. Pearce.
 Affirmed. Opinion by Dowdell. J.>
 Weakler. C. J., Haralson and Denson. IL concur
The Montgomery advertiser., 1906-10-26
BRADFORD vs. THE STATE Escape. (Decided June 1th, 19OG.-'+l


 So. Rep. 47l.)
 l. Escape; Sentence and Punish ment.-One confined in Jail under sentence to the penitentiary. pending an appeal. who escapes or attempts t." escape Is properly charged under See. tion 4716 Code of 1y06. and not under either Section 47U7 or Section 4705.
 ?. Criminal Law; Elements of Crime; Attempts.-One may be indicted under Section 52O6 of Code 1896, for attempt ing to commit an otfense denounced by the Code.
 3. Same; Evidence; Confessions. Corpus Delicti.--Where the evidence shows that when the sheriff entered the jail and defendants cell he found several bricks removed from the wall and found number Of steel saws and other instruments, this was sufficient proof for the jury to nave found that the offense charged was committed. and authorized the introduction of con fessions of defendant, shown to have been voluntarily made, touching his connection with the offense charged. Appeal from Montgomery City Court. Heard before Hon. w. H. Thomas.
 Affirmed. Opinion by Anderson. J.
 Weakley. C. J., Dowdell and Denson, jJ., concur.
The Montgomery advertiser., 1906-10-26

If people will experiment with mutations of SOZODONT, they must be willing to stand the pain and suffering resulting from teeth injured and perhaps ruined for sver. Do not experiment.
 Stand by the old honest Dend- hice and your teeth will stand by you.
The Montgomery advertiser., 1906-10-26
UN1vERsAL1sT CONVENTION OF
 ALABAMA V, MAY

ALABAMA V. MAI. Bill to Acquire Control of Trust Funds. Charities; cy pres doctrine.-The doctrine of cy pres. as recognized and administered by the English courts of chancery in reference 70 trusts. being, as it was, based upon rne prerAyative power of the kings, 1s not recognized by the Alabama courts.
 Appeal from Houston Chancery Court.
 Heard before Hon. W, l.. Parks. Affirmed. Opinion by Dowdell, J. weakley. c. J.. Haralson and Dem son, JJ., concur.
The Montgomery advertiser., 1906-10-26
PENSACOLA A. & W. RY. co. V. BIC
 SANDY IRON COMPANY.

TENSACOLA A. & w RY. co. V. RIG
 SANDY IRON COMPANY. RiIl for Iniunction.-Decided May 1Ith.
 1906-4l So. Rep 4iO.
 Appeal and error: record organiza- tion of trial court.-Where the tran script fails to show the organization of the trial court the appeal will b" dismissed as no judgment is shown that will support an appeal.
 Appeal from Tuscaloosa County Court
 Heard before Hon. H. B. Foster.
 Appeal dismissed. Opinion by Den son J.
 Weakley, C. J.. Haralson and bow dell JJ.. concur.
The Montgomery advertiser., 1906-10-26
HOGCE vs. SOUTHERN hY. co. @ Action for Damages for killing Stock

HOGCE vs. SOUTHERN hY co. @ Action for Damages for Killing Stock
 -tDccided April 2Sth. 1900. II So
 Rep i2a.J
 1. Railroads; injuries to animals ou track; evidence .- Eyidenre that 2 horse was killed at the sam, time was nadmissible in an action for dama- ges for killing of two males
 2 Same. Evidence as to the speed Of the mules in their lifetime wal properly excluded and if tlrc iaquirq was proper al all, it must b. con. fined to the time oi the accident. p" 5. Same: question 10 jury --rhe question of whether or not the en. gineer was negligent, under the facts of this ease, held one fo- the jury
 Appeal from Gadsden tv Court.
 Heard before Hon. John I. Disque. Reversed Opinion by Haralson J i, Dowdell Anderson and Densor. U. concur.
The Montgomery advertiser., 1906-10-26
COMMISSIONERS COURT OF CHILL TON COUNTY V. STATE FIX
 REL SOUTHERN RAIL-


 Mandnmus to Compel Court to Pass or
 Reject Claim.-Decided June 5.
 19O6.-41 So. Rep. 463)
 l. Appeal record; Dill of excep- tions; pleading: motion to strike.- Where the demurrer to the petition was stricken on motion. it was not longer pleading in tho case. so as to be part of the record proper, and the demurrer and motion to strike, af- ter motion granted, cannot be reviewed unless presented by bill of exceptions. 2. Judgment; pleadings to sustain; defective petition.-The petition being fatally defective in falling to show want of action by the court the court erred in granting relief. even if. after having its demurrers stricken. respon- dents refused to plead further. The complaint will not support judg- ment
 3. Mandamus: nature of bill; scope of relief; county commissioners: allow anca of claim.-Mandamus is the prop CT remedy to compel @ commission CTS court to audit and allow or dis allow a claim against the County, when the claim has been properly yer filed and presented
 4. Counties; claims: collections: rem edies-Where a claim against Coun- ty has been properly certified and pre- sented. and disallowed by the County Commissioners, an action at law is the creditors proper remedy.
 5. Same; audit; disallowancc: entry on minutes.-The action of the court of county commissioners was ineffec- tual as an audit of d claim where. al though disallowing 1t, no entry of their action upon the claim was en- tered on the minutes of the court.
 G. Same-An order on the minutes of the court on date specified recit- ing that the court had considered a claim and was of the opinion that pc titioner was not entitled to the relief sought and that 1t was the iudgmeu, of the court. that the same he disal- lowed. Is a sufficient uudit and actior on the claim. although the claim was not endorsed disallowed.
 | Appeal assignment; county com missioners.-On appeal taken in tho name of the probate Judge and cour of county commissioners. where tho assignment of error read "comes tn, appellants," etc. 1t was effectual. ant not an assignment in their individua capacity.
 Appeal from Chiffon Circuit Court
 Heard before Hon. A. H. Alison.
 Reversed and rendered. Opinion b, Tyson J
 ' Simpson. Anderson and nenson, U concur.
 TERRY. ct al. V. WILLIAMS. Trespass for Taking Furniture.-tpe ! cided June 30. 1906. II So; Rep f S04
 | Evidence: res ecstae.-ln an at ton foi trespass for removing furn tu-o. defendant claimed to have Ina plaintiffs permission to remove It, "V dence that at the time of the takin he plaintiff was sitting in the corne rving, was comretent as part ot re gestae and as bearing on the quest" of conCent.
 , Trespass; removal of personality evidence e-EvidenC" that defendant were pawn brokers and dealers in SCI nd hand furniture "aS admissih' where the issue was claim by d' Cendants that they owned the furnituI removed by them by "irtue of a cor ditional sales contract. and an lnslS ence by plaintiff that the paper st
The Montgomery advertiser., 1906-10-26
SPIRA, ct al. " THE STATE. ct al. (Civil)

-SHlRA, et dl. N HE "i A H' Se oi'
 (Civil) Action to Recover Corporation Tax
 Decided June :. 1906.-41 So. Rep
 (65.)
 License; corporation paying license tax; privilege tax on corporate iran chiseA-Code, section 4122. subd. '. i'm poses license tax on breweries; subd. 55, imposing a privilege tax on codpor- ations. provides that corporations otherwise specifically required to pay license tax shall not he required to pay a privilege tax: Held. corporation do- ing a brewing business and payine the brewers license tax Is also liable Tor the franchise tax on corporate privi- legc tax
 Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Affirmed-Opinion by Simpson, J, Weakley. C. J., Tyson and Anderson JJ., concur.
The Montgomery advertiser., 1906-10-26
leo and Domestic Coal Montgomery leo and
 Gold Storage Company

: COAL FOR eALE. -
 ALL VhDhI.e WILL HAVE PROMPT ! AYrA4NIlON. OFFICE, COkNEk
 MONROE AND PERRY STREETS
 11lOlE @; FACTORY PHONE Y6e. 1 n. M0ora E, BURNETT. eFoG11ent vice-Preaideat L. II. MOORE Tressursr.