davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1906-11-12

reverse 6 cause for the erroneous ad- mission of evidence when the court IS satisfied that no injury resulted.
 z. Criminal law; evidence; opinions. A non expert witness may testify as to the character of the wounds found by him upon his examination Of the body of decedent
 &. Nsame; appeal; harmless; erro- neous admission of evidence. Where the undisputed evidence was that de- ceased was killed by defendant with a knife, and that deceased was cut un- der the left shoulder and In the lef' side of the breast, if 1t was error tc
 permit a noH-expert witness 10 testity | that there was a wound on the body of deceased which appeared to have been made with a knife on the left shoulder just under the shoulder blade. it was cured by Sec. 433S. Code of 1896.
 g. Same; evidence; conclusion of fact.--The question of whether or not dscedent was joking when he made a certain statement, was not objection able as calling for a conclusion. 10. Same; harmless error; erroneous admission of testimony.-If 1t was er- TOT to permit a question as to whether decedent was or was not joking when he made certain statement. 1t was rendered harmless by the answer of the witness that he did not know whether
 
 II. Same; trial; instructions; refus- ing instructions cured by instructions given. Where the refused requested charge is covered by requested instruc- tions given, the refusal to give such instructions is not error.
 I2. Same; instructions; omission Of facts.-An instruction not hypothesized upon the materiality of the facts false ly and Intentionally sworn to. which asserts that the jury, in weighing the testimony of any witness, may look to the facts In evidence, if there are any, tending to show that the witness has sworn falsely and Intentionally about any fact in the case. is erro- neoua.
 ls. Same; argumentative instruc- tions; reasonable doubt A charge as- serting that a reasonable doubt is such a doubt as will cause a careful, pru- dent man to hesitate before he acts. and that if there is any such doubt in the minds of any one juror, accused must be acquitted, is argumentative and properly refused.
 A. Same-A charge asserting that the jury may look to the evidence showing that decedent was carrying a pistol and saying that he would do some one harm, in connection with the other circumstances in the case. in de- termining whether decedent made de- monstrations indicating purpose 10 take the life of defendant, was argu- mentative ,and assumed as a fact cer- tain things, and was properly refused.
 IS. Witnesses; cross examination; discretion of court Tt was in the dis erection of the trial court to permit or not a question to be asked, on cross examination .as to how far witness lived from home of father of deceased.
 Appeal from Marshall Circuit Court.
 rA hnfOFa Hon w w HNFatunn
 Affirmed. Opinion by Denson. J.
 Weakley, c. J., Haralson and Dow dell, JJ.. concur.
The Montgomery advertiser., 1906-11-12
EQUITABLE MANFG. co. V. HOWARD. Action for Contract Price of Goods.-
 (Decided June G, 1906. 41 So. Rep,

EQUITABLE MANFG. co. v. HOWARD. Action for Contract Price of Goods. -
 Decided June 6, 1906. 41 So. Rep,
 62s.)
 1. Appeal second appeal; scope of review Where, on former appeal, it was held that a demurrer to a plea should have been sustained. but on re- trial it did not appear that any ruling was made on the demurrer. an assign ment of error predicated on the former ruling was not available on a subse- quent appeal
 g. Contracts; performance; time. - Where as a part of contract of sale the seller bound itself to give a bond to perform its part of the contract and file the same with a bank, but no time was fixed for the filing of the bond, the seller was bound to file the same with in a reasonable time.
 g. Same; evidence As part of a contract of sale, the seller, located in Iowa City, Ia, agreed to file a bond with the bank in the buyers place of tract was made March IA, 1901, and was received by the seller on March 16 Two days thereafter the seller shipped a portion of the goods. and four days thereafter delivered the balance to a carrier for shipment to the buyer. The buyer claimed that a bond was mailed to the bank on April 8, which the bank never received, and on May 2. mailed to the bank another bond. which was received a few days later. Held, that the latter bond was not filed within a reasonable time and did not constitute compliance with the sellers obHga- ton.
 f. Same; question for jury.-whsrs
The Montgomery advertiser., 1906-11-12

BIRMINGHAM RY., LIGHT & POWER
 CO, V. RYAN. Action for Damages for Personal In- juries to Persons on Track.-(De
 cided May 30, 1906. fl So. Rep.
 61e.)
 i. Street railroads; personal injury; pleading; allegation of negligence.- A count alleging that the servants or
The Montgomery advertiser., 1906-11-12
WANTED--sALEsMEN.

DOROTHY VERNON of Haddon Hali Sat- urday afternoon. Montgomery Theatre.
 --su-rno-tu
The Montgomery advertiser., 1906-11-12

MONEY to loan on watches, diamonds, few
 efry. guns and pistols, don't worry your friends when ln need of a small loan come to us; our business is strictly confidentlaL MOnt6omery Loan Go. s-tf
The Montgomery advertiser., 1906-11-12
MALE HELF

wANTED-A reliable, energetic boy, to work in news stand at Union depot. Apply at news stand.
The Montgomery advertiser., 1906-11-12
wANTnn-FEMALR HELP.

w.ANTED-A typist who win chew CHICLETS.
The Montgomery advertiser., 1906-11-12

IOST-On road to river bridge cloth bjIi book containing papers and receipts, find CT please notify telephone 2252. or Ii7 Jef- ferson St.. and receive reward.
 --at
The Montgomery advertiser., 1906-11-12

I,osT-An opportunity to be happy bv a young lady who did not chew CIIIC- LETS.
The Montgomery advertiser., 1906-11-12

WANTED-A negro man who is e good
 nilker and is willing to do general work around house and garden. F. P. Glass.
 at<rThe Advertiser office. --3-tf
The Montgomery advertiser., 1906-11-12
WANTED.
WANTED-rO RUx
FOR SALE.

wANTED-A copy of the Journal of ths AIabama Secession Convention of 1881. Ad- dress, stating price. Editor Advertiser. tt
Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1906-02-01
Ulcer of the
Stomach
insidious Nature Of the Disease
How 20 Recognize and Cure It.

tnsidtouS nature oi tnS Ciste9N
How 70 Recognize and Cure It.
Ulcer Of the stomach may exist for years
without very marked symptoms, excepting
those caused by indigestion. II is due to
an inflammation which affects the meme
brane Of the stomach so that it is ea'en
away by the gastric juices.
I'm good health, the stomach resists Inc
action Of the gsstrlc juices, bet whea
weakened, the membrane is badly nouF-
ished and the digestive fluids act upon II
as wen az upon the food, keeping up until
perf0ration Of the stomach occurs. In
advanced cases OF ulcer Of the stomach
there IS much discomfort after eating, with
constant craving sensation between
meals. usln from the pit Of the stomach
hack to the shoulder blade.
Attire first symptoms OF Indigestion
treatment should at once be started win
Nn-e-pa. This Is scientific remedy
adauted specifically to one purpose, the
curs a stomach troubles. 1t is SO uei-
fsrmIy successful that F. +. Bryan gives
a.guss guarantee with every 50-cent boa
ran TIE money viii be refunded II it doe
not cure.
/ Ni-o-na is not a patent % secret remedy
amt is e combination Of he purest and
most reliable Of remedies for strengthen
ING the digestive organs and building ~
the whole system. Use It for a few day.
snsfbers is no reason why you should mol
s. sHie to eat any food you like at an,
slime without fear Of distress.
Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1906-02-01
EAST RoXeURY.

John Laid took possession Of Ora
Bovce's farm Monday.
Drew Foss from Rochester, N. H., Is Vis-
iting his brother, George foss.
Walter Hubbard from Gorham, N. H.,
was at l.. W. Blanehard's last week,
The school in this district closed Friday
and Miss Locklin returned home saturday.
Mrs. n. } Robb, whose husband is sta
toned at Fort Ethan Allen, visited her
mother, Mrs Blay, last week.
Mr.. and Mrs Peter LaRose have stored
tbeir goods and will visit friends until the
first OF March. when they VIII take pos
session Of Paul Dufiany's farm.
Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1906-02-01

Dyspepsia bane OF human existence
Burdoek Blood Bitters cures it promptly
permanently. Regulates and tones th'
stomach.
The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1906-07-19
Tie RappahannOCk District Conference

The delegates and pastors of
the Mathews Circuits returned. on
Friday last from the District Com
ference held at White Marsh in
Lancaster County. July 1913.
The following constituted the
delegates: ]. w. Minter, John
Landon, Cha5. Soles, Walter h.
St0akes, Capt. ]. II. Miles. RIB.
+. Hudgins. A. ]. Diggs, Robt. L.
Campbell. w. NJ. Jarvis and Jeth-
70 Thomas. All were present
except Chas. Soles.
These with the pastors and
Rev. Geo. +. Thomas. Rev. !. S.
Wallace, Rev. Z. ]. Muftit. Gil.
Diggs. -Borum Revenue Office. )
Wesley Foster, Master BOYD
Hudgins, Mrs. Il. Ferguson and
Frank Calls. the captain, COM
posed the party. All enjoyed the
trip. 1t took four hours 10 make
IT from FitChett S to Browns land
ing, IN East Corotoman River.
The upward voyage was made
the more pleasant by the ice
cream furnished by Walter X.
StOakeS and the lemonade by
Wesley Foster and others. The
return trip was enlivened by the
rough seas encountered or the
Rappahannock and the BAY, but
the captain, and engineer. Frank
Calls, and the pilot, Jethro
Thomas, were equal to the occa-
sion. and all the passengers PROV
ed perfectly sea-worthy. not even
the one woman suffering III the
least from sea-sickness.
Rev. w. l.. Ware did not re-
turn, but went to Nelson County
TO help in meeting.
The Lancaster people enter
tanned sumptuoasiy and IN a most
hospitable manner.
The Rev. !. 7. Whitley. the
presiding elder, arranged and d,s-
patched the business with prompt
ness and care. Besides the rou-
tine affairs two sermons were
preached each day. all Of which
were good and enjoyed. Math-
ews Chapel was selected as the
place for holding the conference
next year. Walter r. Stoakes.
Dr.. J NJ. Tankard, Chas. New
Dill and Capt. J. T. Bellows, were
elected delegates to the Annual
Conference, which meets in
Portsmouth IL November.
The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1906-07-19

After Leag Illness 4 Mathews LAZY
Passes AwaT.

Mrs, Alice James Armistead
wife OF Mr Charles Armistead
died at her home on North King
street, Hampton, on Tuesday.
July 10, ~ 1905 =. ~. The fuu-
erai took place from st. John s
on Wednesday afternoon, July
II. at 4 o'clock. the Rev, Dr..
Revcrdv EstiIi Officiating.
Mrs. Ar'ojstead VIII perhaps be
better recalled when we say that
she was the wife of Donny "
ArIaistead, as his friends knew
him. She was born in Mathews
and her husband conducted
business al the Same place nov
occupied by the MATTHEWS loUR-
NAL. She was formerly Alice
James. and resided In Mathews
till 1890, when she removed to
Hampton. where she lived till
Der death. Mrs. Armistead was
s. Years old and highly esteemed
by all who knew her. A. A.
Haeer, Adjutant of the National
Soldiers Home, Virginia. IS a
brother-in-!aw OF the deceased.
The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1906-07-19

y sweet breath adds to The joys o. :,
Kiss. You wouldn't want TO kiss your
Wl1e, mother or sweetheart with a bad
breath. } OF can't have q sweet breath
without healthy stonl sch. You cant
pave . healthy stomach without ger
iect digestion. There Is only one rem
edy that diSesss vhar yc, eat ana
makes Chc breath As sweet as . rose
and that remedy is KODOL FOR
~ PE FAI-A - IS q relief for sour
st9macn. palpit;,tion Of the heart, and
other ailments arising from disorder CT
'ne stomach ana digestion. Take 4
i'tt'e ho"o. AFTER your meals and zee
what II Will 90 ior you. Sold bv 8
=. =: charasOn.
The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1906-07-19

An transient s1vcrtiseruert is AK 30
charged for n tsc rate ~ 81 cts. pcr
.nch fc- fhc f-st insertion. x cts. PEI
t-,ca .cr eaca s9Ssc-ucct insertion
.vie'' 80 cha1.c as made.
ositUNviea spid resclnt o0s of rcSpSc.
-si:) only - isssSrscI - tid matter 'or
rhic;a = charge 81 NE CeD%S yer I've -
made
Communications advocating candi-
dates foe Office viii De charged for az
regular line rates ior adreTtieir2.
Reading notices 20 cents PEI iiDe.
Contract rates furnished on sppli.
cation,
TBE JoURNs 81. svouid bc greatly IN
iebteA IS liza CorreSpondeatS ii they
will mail their DeUS letters 20 Us to
reach this Office before "Wednesday
morning. A great many items have 10
10 unpublished or h. carried over Until
the following week aud I've stale read
ing because they do not reach this
Office Ia tjnae.
No notice will be taken of a1oDy-
NOUS communications Whatever is IN
tended Tor publication must be signed
with the wTiter'S name.
The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1906-07-19

the compliment ~ ne following
preface:
The Sentinel heartily endorses
the strong editorial which ap-
peGteG 40 nc Mathews JcUVaolCf
lass seek, ,0 'Whis,ey Selling -
coat-.nQi- ir plain snd vic-ouS
iFnSnaGe ths cNtNusive sp2akCasy
business carried "a "a that county
1na we regret tc confess that
conditions IN MiddicseX are very
sim,'iar 20 those described by our
contemporary.
We siyiks hands with thc Ser
fhRcl IN any and every effort 20
eradicate this evil.
The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1906-07-19

Wa desire 70 thank yhs Sabss
s44f Sc fiqSi tor tie hcrcrw rais
as - publishing eeeeent ed'to.Ia
81 tins paper. srd especially 10
The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1906-07-19
c. B. Bashans .esaaes after tour years.

c. 3. Bushans ;estiSeS after four years.
L. B. Burhans. ot Carlisle Center.
n. Y, writes: About four years AFRO
I wrote you stating that ! had been
entirely cured OF - severe kidney trou-
ble by taking less than two bottles os
F'oley's Kidney Cure. 1t entirely stop
ped the brick dust sediment, and pain
and symptoms of kidney disease dis
appeared. ] am glad to say that
have never had d return OF any of those
symptoms during the four years that
have elapsed and ana evidently cured
TO stay cured, and heartily recommend
Foiey's kidney Cure TO any Dne suffer
ing from kidney ct bladder trouble"
Sold by ). Z. Richardson.
The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1906-07-19

THURSDAY. JULY 10. 1900.
The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1906-07-19
aonvilat.
sasrTD = ~ THUrsDAT BY

JOURNAL PUBLISHING co,
- e. 600 pc yesr a. Advancc ~
John , H-sloe. rus.nes. Ais,.
The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1906-07-19

J. 7 Whitley vii preach the
opening sermon. che Rev. Or.
" NJ. Iefries, ire Arch y eacor.
will preach n the afternoon. The
Rev. James Cannon. j.. and the
Rev. Ernest Peermau and others
are expected to assist.
The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1906-07-19
NH'cr ? against Consun ps.on

a. nations are endeayoring to check
the rayages OF consumption. the"white
plague" that claims so many victims
each year. Foiey's Honey and Tar
cures coughs and colds perfectly and
you are in no danger of consumntion
DO not risk your health by takine,
some unknown preparation when Foievs
honey and Tar is safe and certain in
results. The genuine is in a yellow
Sold by S. l.. Richardson.
The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1906-07-19
hOSPITALiNVE STIGATsCN

Fhe Richmond EDcni1g J0urndl
OF June ~ contained an article
by one Charles Z. Smith, one OF
ats reporters we are told, in which
al considerable length, with little
ele2rnsss and a great deal OF
bombast and egotism. the pur-
ported deyelopments of the
investigation of the Eastern State
Hospital are given. What might
have been an accurate and fair
review of the proceedings which
would have been Of interest t.
those people IN the State who
did not have the opportunity to
follow the daily Investigation
through the exhaustive report in
the Times Dispatch seem TO us t..
have degenerated into an AFRO
giant and insinuating attack upon
most Of those figuring in the in
Wcstigation with the exception o,
DIR. Henderson, Eugene H
Gloves, Texas Cloves and Chair
man Sadler, Drs. Mcclure,
Bryan, Spencer. Aylett. Turner.
SoutAaIl and Foster were swept
aside by the facile and conven-
ient pen of the J0UrnarS stat
writer as leaves before an Octo-
Der blast, and we think blast
very appropriate and significan,
term. What nattered il tina
these five doctors should agre.
that for certain diseases the treat
ment of Sane and insane patient.
should be identical, when DR.
Henderson Zone Of the writer.
quartet of Cloves and Cloves.
Henderson and Sadler) coulc
not agree with them?
And what crime and an out
rage upon the poor unfortunate:
of the Eastern State Hospita
was perpetrated by majority o.
the Investigating Committee il
that they did not summon Dr..
Drewry TO tell the people O.
Virginia how weli and wisely ht
managed the negro asylum al
Petersburg, and that. too, with
out the assistance of eithe,
Cloves, Cole or Henderson
We feel sorry for Senators Risor
and Roberts, and DR.. Dunn anG
Mr.. Pulliam, and we imagine that
the price OF crepe III their sew
eral localities Will materially adj
vance when their friends, neigh
bors and constituents ascertain
that Mr Charles l.. Smith of tht
Richmond EUepjn0 lQurnQi does
not approve of them.
We know that Chairman Sad
Ter "as tbe Chief supporter OF
Mr.. +. H. Cloves in the Senate
o. Virginia, and by wiring thereof
che chief opp opeRt of Or. Foster.
We know, toe. that FeXa.
Gloves is the nncje Of L. Il
cloves, and a man who has beer
once sentenced 10 the Peniten
tiaiy. We know that Dr.. Hen |
derson was the man selected b. !
Eugene Il. Cloves, and by hiu !
Introduced in WILLIAMSBURG a |
= tRss next Superintendent of tht /
Eastern State Hospital" We car !
Iocate Gloves and Cloves, Hen
iersoR and Sadler, but who is
Charles E. Smith and bywhal
rSStcqty does me say to the peo-
ple OF Virginia that Messrs. |
oadicF and onid will make
report Perhaps t.
make this inquiry argues our
selves unknown; but we comics.
o desire to Locate himeepd I,
lscersaip the source OF KS pos;
The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1906-07-19


stance Of forty miles aboct six
y the way ve had 10 20. The
road was dangerous looSiug To q
teDderfoOt. but the horses were
trained ana sure footed. Night
overlook rs in the heart Of the
KoCkies: we passed a small cabin
home. made partly Of logs and
partly' of boards The csbin
home 6;d not iooi i0vi,ug at all,
but this w,as 10 tiuse TO be choice,
50 we drove II and were met by
the ranchman ana two shepherd
dogs. This son OF the Rockies"
SAID he could take care OF Us over
night, 50 we walked in, eight Of
US, hungry and tired. The little
housewife appeared TO greet her
new bOardevs. and holding the
baby in one arm she proceeded
TO COOK supper with the other.
supper was called. We sd,
down 10 fried meat. Irish pota-
toes, bread. coffee and black
berry preserves, and oh. II did
taste gOod-rather like the fried
chicken at Gordensvilie, sold By
the old negro mammies. While
at supper I noticed two beds in
that mountain home. for it was
all one room. The question arose
how eight OF Us with our hosts
and baby. could s.:pile in" and
rest on two beds. Bed hour came.
The order. came, gentlemen you
must sleep IN the. hay loft to-
night, SO 20 the hay loft we start
ed, getting our positions in the
hay. Folding some hay around
our shoes as pillow we lay down
to dream of Home Sweet Home"
while the wolves with their plain
tive cry for spring lamb" could
be heard i'll the surrounding cliffs,
we felt safe, for the barn was good
and strong. Starting next morn
ing we drove 10 Cascade, a noun
tain torrent with simply bridge
over it. Here our road stopped.
and leaving comfortable seats i'm
the carriages we were met by a
Mexican cow boy who had driven
eight horses from Silverton to
meet our party. On mounting
our horses we started as knights
of the Rockies" led BY cow boy
who was as wild as q jack rabbit
The road being covered with
snow, June I0) we had to take
the old indian trail This trail
led around the mountain crest in
narrow paths just wide enough tor
a horse to walk. Going up grade
was ali all right but after reach
ing the top the decent was truly
trying. We came to a steep
place. so steep that our faithful
horses simply sat down on their
launches and slid down, using
their front feet as a scotch"
the path about two feet wide
while at the side you could look
over for a thousand feet, This
was too much for the old Math-
ews druggist who excused him
self. turned his horse loose, put
his hat over his face and Rugged
the mountain side all the wav
down. On reaching Silverton we
found that sitting down was not
good for the constitution, and
found some pleasure on taking
meals from the mantle piece.
Must stop for this time and tell
you about some pretty scenes III
ny next. S.. +. Richardson.
a sweet breath adds to The joys o. 4
kiss. You wouldn't want TO kiss vo;,.
q. -
The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1906-07-19
A TRIP 70 THE ROCKIES.
{Continued.)
On reaching Durango we found

On reaching Durango we found
that owing 70 the melting snow +.
the MYERS were on q rampage and
the railroad bed washed out for
several miles. Our objective
RG,nt was Silyerton; SO hiriGg two
aonbisS carriages Mes started TO
aSiye aes2ss. The Rockies "a dis
The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1906-07-19

for raifhsr !EioCmati6lN> read
re loVRNAl, and talk W The sz-
urSioD,
The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1906-07-19
Quick relief tor Asthma Sufferers.

Foley's Honey and Tar affords inn
mediate relief 10 asthma sufferers i'm
the worst stages and if taken i'm time
VIII effect cure. Sold by s Il Rich
arsison
Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1906-03-29
union PACIFIC R. R.
Surveying Party at Co.'S
mopolis Believed to
be For the Union
Pacific Rail.
way.

Engineer g. A. Wald, OF Seattle. with
9 party OF sixteen men. arriven in Coz
mopolis Monday, with instruments and
camp courage for the field, and, al.
though they are re,iceni as 10 purpose
and in whose employ the are, the belief
is prevalen, tina. they are connecie l with
the Union Pacific.
I. lie generally understood tina. the
company recently organized at Chehalis
TO bniid railroad from that point TO
Grsys Harbor is in the interest Of the
Union Pacific, tina, company being for
hidden by its charter TO build branch
lines. and this party is supposed to be
working 70, tina, company.
The marty is housed on 6o.'oo scow,
which contains two large tents for the
accommodation Of the crew. Yesterday
they hrough; the scow 10 South Aberdeen
and started out this morning 10 q due
south direction from there. II 10 thought
they will make preliminary survey Of
the route toward Chehalis until they
nee. With q similar party working from
the latter point.
Wha, lends color 10 the belief that it
10 the Union Pacific is the facts that the
Hartman interests are seeking to invade
all Northern Pacific point. OF traffic value
posi- bic, and tina, the business o! Grave
Earbo' has already ou;grown the capacity
OF the Northern Pacific and Offers al!ur.
ing atsr actions to q competing road.