davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-25
SHOOTS MAN AND
DID NOT KNOW IT
Ed Appleby AWakens to Find That HI
Has Shot William Hendricks
In the Arm.

William Hendricks, conductor of a
switching train, was shot in the arm
last night at about o'clock in the Fris-
co yards. He was delivering a load of
cars, and went into the little block sys-
tenn office on Fifth avenue and Thirty
second street to register. After he had
signed his name he picked up a pair of
pinchers that were lying on table and
said that he would like to have a pair
like them. He then turned to leave when
shot rang out and the bullet passed
through his arm.
1t seems that e. Appleby was lying in
a bunk on the other side of the room.
When Hendricks turned around he found
the man holding the smoking pistol and
rubbing his eyes. He said that he was
half asleep and not conscious that the
gun ives in his hand. The occurance was
especially peculiar Neither of the men
had ever known or spoken to each other
and there was no cause for difficulty
Hendricks was taken TO ST. Vincent's
hospital in the ambulance of Shaw & Son.
His wound was not serious
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-25
FINAL INSTRUCTIONS Read
Very Carefully

The key word must be made from some
of the large capital letters which have
been appearing in this series of our
advertisements which ends today. We
will not insist on uniformity in the
size of the letters as they have varied
in that respect in the different papers
in which they have been published.
Paste your key word on a blank Sheet
of paper, writing plainly underneath it
your name and address, together with
the day of the month and HOUR and
MINUTE, and mail TO u.s. All letters
must come through the mails. Be sure
TO mark ''Keyword" on your envelope.
NO LETTERS DATED EARLIER
THAN 10 A. NJ, December 25, will be
considered by us, as we want every
body in the Birmingham District to
have fair chance, and many people
will not receive this paper until TO-
morrow morning.
In case two or more correct keywords
bear the same date Chat is, day of
month and HOUR AND MINUTE), the
award of the Desk will be determined
by some thoroughly equitable method
Contest closes at noon, December 81
No keywords dated later win be re-
ceived by us.
Award of the desk win be made jan
uary 1.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-25
CASE WAS FILED
In WRONG COURT
JUDGE DUNCAN IN FINDLEY, o.,
RULES THAT ACTION TAKEN BY
ATTORNEYS AGAINST STAND
ARD OIL is ILLEGAL.

Findey, O., December A.-Judge Dun
can of the common pleas court today de-
elded that the information filed in the
probate court against the Standard OIL
company on the charge of violating the
Valentine antitrust law was illegal, and
that the case should have been filed IN
the common pleas court.
Prosecutor David some time ago filed
an information in the probate court
against the STANDARD charging it with vio-
lating the antitrust laws of the state.
lie maintained that he could get action
quicker against the company by this
proceeding than through indictments in
the common pleas court. The Standard
attorneys contended that the probate
court had no jurisdiction in the matter,
so that if there had been a violation of
the law the prosecutor should have pro-
ceeded against the company through in
dictments. This point was upheld by
Judge Duncan and the case is thus thrown
out of the probate court.
Judge Duncan in rendering his decision
said in part:
THE court of common pleas has power
to review proceedings and judgments of
the probate court in misdemeanor cases.
under section 1856 revised statutes, al
though the two courts may have con-
Cured original jurisdiction therein.
1.-The probate criminal code containing
no provision whereby service may be had
ON corporation, the probate court has
no jurisdiction to try either an individual
or corporation under the Valentine anti
trust law.
Section 6427 revised statutes. providing
that the provisions governing criminal
proceedings in the court of common pleas
shall as far as applicable govern like
proceedings in the probate court was not
intended as an aid to jurisdiction, and,
therefore, does not authorize the pro-
bate court to borrow from the common
pleas criminal court the provisions there
in contained providing a way to get a
corporation into that court charged with
a criminal offense.
THE court of common pleas has eXclu-
sive jurisdiction in all criminal prosecu-
lions under the Valentine antitrust
laws"
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-25
MEXICAN JUNTA
HAS GREAT PLANS
WITNESS TELLS HOW REVoLU-
TloN WAS ORGANIZED AND SAYS
THE OBJECT WAS TO FORM NEW
GOVERNMENT.

San Antonio, Texas, December 24-How
the revolution against Mexico was organ
lied was today told by c. V. Marquee.
witness for the defense in the trial
of the six alleged revolutonists. A great
deal of the correspondence Marquee had
with officers of the st. Louis junta will
also be introduced as evidence. This will
be taken up Wednesday morning
Marquee will be questioned during The
reading Of the testimony. Marquee while
on the stand today said that he had an
agreement with the Magone brothers and
Sarabaria and others in Mexico relative
to bringing about a revolution in Mex
leo
Continuing he said:
Beginning in Del Rio I placed my
self in touch with all liberals Several
lpts of arms were passed into the in
ferior of Mexico The group at Jiminez
passed arms to another group. They
also passed along lots of programmes.
I'VE had a great many clubs organized
in Texas, California and New Mexico
These clubs did not know the object of
the junta at st. Louis They would con-
tribute money to uphold the publication
but they did not know anything else.
when the 10th of September was near
which was the time we were to act,
had to go to visit the groups TO organ
ize them, so they would be ready. From
Del Rio, Antonio Villareal started to
Sonora and Chihuahua. He had instruc-
tons for the chiefs of the groups in
these states, other instructions went TO
the people of Tamanilpas and Nueva
Leon Instructions were sent to interior
points by mail.
"The club at st. Louis was to send a
telegram stating when the groups in
Mexico should uprise. The telegram con-
tanned known words, words that both the
junta and club knew.
Send so much money for the ma
chine the number of dollars stipulated
would mean the number of days lacking
before the uprising from date of receiving
the telegram. The uprising was to be
ON the fifth day after receipt of the
telegram.
"The object of the revolution was 70
place a new government in Mexico"
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-25
WASHINGTON TALKS
IN WEST VIRGINIA
SAYS NEGROES HAVE WON INDUS.
TRIAL BATTLE AND LAMENTS
CRITICISM OF THE PRESIDENT
BY NEGROES.

Charleston, w. Va, December a.
Booker 7. Washington of Tuskegee, at a
banquet rendered him tonight by the Civic
league, an organization of leading ne
groes of Kanawha county, upon his re-
turn to his boyhood home, said:
1.-THE battle of industrial education has
been fought and won, and today the ne
gro recognizes as all other elements rec
ognize that the two kinds of education
must go hand in hand
Speaking of the races in the south,
Washington advocated confidence between
the races, and said:
1--WE cannot expect to win our battles in
the south or north by policy of antag-
onism." After laying special emphasis
upon the need of creative work among the
negroes, he said:
"Civilization soon tires of a race, as of
an individual that continually whines and
complains. And likewise the country will
not tolerate any element in the popula-
ton abusing and cursing the chief eX-
ecutive."
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-25
COLD IN NEW YORK.
Keen Northwest Wind Adds to the Dis
comfort of the Metropolis.

New York. December 24-The cold
est weather New York has known this
winter came today when the thermom-
eter went down to s degrees above
zero.
A keen northwest wind, blowing at
the rate of twenty miles an hour, added
to the discomfort of pedestrians.
William Reilly was found uncon-
scious by the police. His hands were
frostbitten and he said he had been
unable to find work.
The body of Ernest Jeanchen, aged
10 years, an epileptic, was found today
in a marsh ON the outskirts of the
Bronx boro, frozen to death.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-25
Eighteen Injured In Wreck.

San Jose, Cal, December 24-Eigh-
teen persons were injured, several of
them seriously, and a whole trainload
OF three score passengers severely
shaken up at l o'clock this morning,
when two day coaches and the baggage
car of a Southern Pacific train bound
from Oakland to Wrights left the track
on curve near Birmingham siding,
and plunged rs feet down an embank-
ment. That many were not killed out
right is due to the fact that the train
had slowed down before it struck the
curve
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-25
Southern Rabbis In Session.

Nashville, December 24.-The South
ern Rabbinical association met in an
nual convention here tonight. the ses-
sions to continue until Thursday.
President Isador Lewinthal of Nash
Vile is presiding, and Nathan Cohen
of Nashville delivered the address of
welcome, to which Rabbi Fl. Barnstein
of Houston, Tex, responded. The con-
ference sermon was delivered by Rabbi
Max Heller of New Orleans.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-25
Kills Two In Quarrel.

Macon, December 24.--Gordon Nc
Donald shot and killed Coley Cheney
and Herchel Burns at Cochran, Ca,
yesterday, as a result of quarrel.
Mcdonald went TO Burns home and
engaged in dispute, and when Cheney
and Burns showed a disposition to
fight, Mcdonald whipped out weapon
and killed both men. He has not been
captured. All the parties are white.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-25
Three Killed and a Dozen Injured.

Stockton, Cal, December 2f.-Three men
were killed and a dozen seriously injured
in wreck ON the Sugar Pine branch of
the Sierra railroad yesterday. The dead
men are named Gallagher, Whitehouse
and Achellichotz. Civil Engineer Newell
and three Japanese were fatally injured.
A special train had been sent out to
bring in a wrecked construction train. On
returning the special train ran away
down steep hill. The caboose containing
thirty men was snapped off on a curve
and plunged forty feet to the bottom of
q gulch.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-25
Spanish Debt of Cuba.

Madrid, December 24.-The foreign
minister, replying to a question in the
chamber of deputies today, said that
Spain was still trying to secure the
restitution of the artillery left in Cuba
when the treaty of Paris was signed,
and was also continuing the negotia-
tions to secure recognition of the Span
ish debt of the island.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-25
CHEAP HOLIDAY EXCUR-
SIQNS

The Seaboard Air Line Ry.
will sell round trip tickets at
fare and one third plus 25c to
all points in southeastern ter
ritory on Dec. 81, %, %, "a rs
and Dec. 80, 81 and Jan. l.
Good returning until Jan. Z.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-25
Wattersoh In Barcelona.

Barcelona, Spain, December "a
Henry Watterson and Mrs. Watterson
of Louisville, KY, have arrived here
and will remain in this city a month,
at the expiration of which time the
party will go to Egypt.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-25
MORE SOLDIERS
GROWING RIOTOUS
Kick Out Car Windows, Run the Car
Themselves and Badly Brighten
Women Passengers.

Leavenworth, Kan. December 24.-Sev-
eral members of the squadron of the
Ninth cavalry stationed at Fort Leaven-
worth, while intoxicated, created a dis
tur5ance on an electric car here today.
They kicked all of the windows out, beat
the conductor and the motorman, locked
them in. and raced the car to Fort Leav-
enworth. where the rioters were placed
in the guard house. Several white woman
were on the car during the trouble, and
some of them leaped off, but none were
injured.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-25
SUGGESTIONS to HOLIDAY
SHOPPERS

Morris Chairs, Rockers, China Cabi-
nets, Sideboards, CeIlarettes, Dining
Tables, Baby Jumpers, Bookstands.
This store will be open until I p. M.
today.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-25

Happy Hooligan and his
brother Gloomy Gus have made
their home at McVay's, corner
3rd Ave. and 18th st., where
they are selling WHISTLES at cut
prices.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-25
DEATHS AND FUNERALS
Edward Lltton.

Edward Litton, aged So years. died last
night in his room at 1881 Fourth ave-
nue.. Funeral services will be held from
the house today at 3 o'clock and inter-
ment will be made IN Elmwood cemetery.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-25
Mrs. s. C. Butts.

The funeral services Of Mrs. S. c.
Butts who was brutally murdered In
Woodlawn last Saturday night took place
yesterday morning at 10 o'clock. The re-
mains were inferred In Elmwood ceme-
terry.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-25
sunren. Court Adiourns.

Washington, December 24.-The SUI
preme court of the United States today
adjourned until January z.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-25

To cure scrofula, salt rheum, dyspep-
STA. catarrh and rheumatism, take Hoods
Sarsaparilla.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-25
THE CRYPTIC KEY

anloeiks the elegant
WRITING DESK
valued at S40)
which we will give
away January l. The
large capital letter in
this space may be one
of those which make
the key word. Cut ont
this advertisement and
come to our store for a
''key-maker."
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-25
Mexican Burros

Little Children. Wednesday, Dec. IS
will be the last day that the little Mexi-
can Burros will be on sale. After that
date / will move to another city. II you
wish one now is your time. They are
broke for children to ride; are kind and
gentle. There is no animal living today
that Is as perfect for children as the
little burro. Parents can always feel at
ease that their children will come to no
harm so far as the little burro is con-
cerned.
They can be found at the Palace Liv-
cry Stable, 17l5 ~. Second Ave.
Prices $1,000 to $500.
S. A. MURPHY, Salesman
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-25

Christmas and pure food. OF course you
can get Green River. bottled in bond.
Call for it. 12-15-10t-eod
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-25
e. T. Shaw & Sons, Undertakera.
Green Undertaking Company.
XMAS BARGAINS

We have for immediate sale a beau
tiful 7-room, two story. furnace heated
cottage, on an elevated lot in delight
full neighborhood near Highland Ave.
three blocks east of Twentieth street
1t is brand new, admirably built and
model Christmas present for some
good wife, daughter or daushter-in
law. 1t is far the cheapest home on
the Highlands. s55o0-$25O0 cash, bal
ance five years, 6 per cent.
McDAVID & co.
Both Phones. POO First Ave.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-25

Try the Gawk for haIf-tone and line
illustrations. Aae-HeraId Building.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-25
Ben M. Jacobs & Bros.
Everything in Furniture For
Everybody
1911-13 Third Avenue.
|ARS. DOZIER q DOZIER'S

4RS. DOZIER q DOZIER'S
8MEplco-sURGIcAL AND ELEc.
4 TRo-THERAPEUTIc INsTI-
4 TUrE,
I 117Is NJ. Twenty-first Street,
BIRMINGHAM, ALABAMA.
/ A strictly high-olass Institute for the
Hedfentifc treatment of all Chronic, /
u Nervous. Blood, Skin, Rectal, Female F
ana Genito-U Urinary diseases. Deform-
5jties. Tumors. stin Joints, Cancer,
i Lupus. Malignant Ulcers. Rheuma-
ttsm. and Consumption.
&3jsmorrholds, VarIcoceie, Hernia
81 and Venereal Diseases C! every
i name, nature, form and
character are also treated
i and legal guarantee
of Cure will Be
0Iven
In every Case.
Our equipment. consisting Of we'll f.
kept prescription department, x-Ray
Violet Ray, Static and Galvano-Far-
ado apparatus, euper-Heated Air.
Electric Light Cabinet. Eureka Nebuli-
uer and Ozone Limitations for nose.
throat and lungs, and thoroughly
equipped Surgical Department modern +
and up-to-date in every particular. give I
~ a prestige over all competitors in .
Alabama in our special line Of practice.
CORRESPONDENCE INVITED.
Consultation and examination free.
Terms liberal and confidence held
irvfoiate. ofhce hours q. m. to I
p. m. Sundays. 8 q. m. to p. m.
A FEW OF MANY ENDORSE.
MENTs FROM THE PRESS:
Tho Birmingham Ledger: Drs. Do
Sier are without doubt che best
known specialists In the south, and
their fame Is due entirely to their
great skill.
The Birmingham News: Both Drs.
o. T. and Byron Dozier are Seliable
and experienced physicians and sur
gepns. who deserve the great success /
Which has been and IL theirs.
Tho Age-Herald: Drs. Dozier's long
standing and approved abilities en-
Htft them to the proud distinction Of /
| Standing ~ ~ AsaA Of their profess
aon,
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-25

Hear Senator Tillman Dec.
29th. Subject: Race prob
lem as it affects the South and
it's future" See Page 5.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-10-25
FRANK DUREIN TO BUILD
VIII Erect Ten Thousand Dollar Home
on Quincy Street.

One of the finest residences to be
erected this year will be constructed on
the east side by Frank Durein. The
house will cost $4,000 and probably
more than that when it Is finally com
pleted. The contract for the construc-
ton of the foundation was let this
morning from the Office Of Chandler &
Nielsen, the architects, to Barber &
Mills.
The residence will be erected on the
west side of Quincy street between
Fourth and Fifth streets, on ground now
vacant. New Bedford stone and light
coIored pressed brick will be employed
in the construction of the house and
porth both. The roof win be of slate
The house will contain ten rooms and
will be as modern as architectural skill
can make it. A modified colonial de-
sign will be employed.
G. D. Lytle, owner of WestlaWn addi-
tion, has let the contract for two new
residences of nine rooms each to cost
IS, 500 and which will be erected in his
addition. Both residences viii be on
Lane street, between Ninth and Tenth
streets. J. A. Stoner has also let
contract for a nine room residence on
the same street between Ninth and
Tenth to cost s.. 500. All three contracts
went to L. E Nation.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-10-25
GETTING DOWN TO WORK
Surveyor Making Plans for soldier
Creek Improvement.

The county surveyor will in a day or
two begin the driving of the stakes
marking the width. height and length
of the two small Ievees| proposed to be
made on the bank of Soldier creek
close to the park. collecting the in
formation necessary to show the num-
Der Of lodged trees, stumps, drift or
other distractions in the channel
along and about North Topeka, listing
the kind and number of trees to be cut
and cleaned away from the banks, and
Hxing the boundaries Of all the pro-
posed new channel cutting on the
north side of the west park and across
west from Central avenue, so as to cut
off the present bend looping down onto
jackson street and Van Buren street,
by marking the center and middle lines
with boundary and grade stakes. All
these things will be done as guides to
those who are intending to bid on the
work to be done when such proposals
shall be asked for by the drainage dis
trict board. It might be well therefore
for all interested parties in North To-
peka to take note of this fact, and
if they have any changes or improve
ments to suggest in any of the plans
being outlined and marked by the
county surveyor to present them now
to the engineer or to any of the mem
bers of the drainage board in order
that due and timely advantage can be
taken of the suggestions while these
marks of definite location are being
made If by lessening the extent of
the proposed excavation for the new
waterway in any way. the cost of this
new work or any part of the work, in
fact, can be materially decreased, it
certainly ought to be done and done
now, while the opportunity is available
and right at hand. IF any person has
knowledge that only half of the pro-
posed depth or width Of the new cut
ting is really necessary and that half
of the estimated cost by the present
plan can be saved. no other and better
time can be had than right now to
come forward with the suggestion in
order that the issue of bonds can be
cut down to this extent. Whenever a
dollar or a thousand or ten thousand
dollars can be saved 1t certainly ought
to be done and the suggested improve
ments applied all along the line.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-10-25
HIT ON The HEAD.
R. A. LOvitt, Colby Lawyer, Has
Exciting Time.
Was Trying to Get Dispositions
in Lawyers Office.
TAKE RADICAL ACTION
Proceedings to Disbar Wilson
Family Begun.
Alleged That Their Conduct Is
UnprOfessionaI.
TAKE RADICAL ACTION

Notice of proceedings to disbar A. P.
Tone Wilson, Clement L. Wilson, An
thony P. Wilson and a younger son of
the elder Wilson "if he is a member Of
the bar from practice before the dis
trict court of Shawnee county was
commenced in the district court this
morning and a meeting of the Shawnee
County Bar association was called for
that purpose for Saturday morning.
The matter was precipitated by the
actions of the Wilson's in assaulting r.
A. Lovitt. an attorney from Colby who
was called to Topeka to take deposit
tons in the office of the Wilson's rela-
tive to disbarment proceedings which
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-10-25

This is the remark made this morning
by John Dudley, one OF the active
Shawnee county Republicans.
Great efforts are being put firth by
all the members of the Shawnee county
Republican organization to make the
meeting tonight overshadow the Demo-
cratic meeting Of Wednesday night,
which was such an aclznowledtH / sue
cess.
Charles Warren Fairbanlzs, of In
diana, vice president of the United
States, is the chief attraction of the
evening. He will speak at the auditor
ium at 8 O'Clock, and will be followed
by Henry J. Allen Of Ottawa, one Of the
most entertaining and impressive politi-
cal orators in the state.
Before the meeting there will be an
old-fashioned political parade, moved
at 7:15 O'Clock from the corner of Third
and Kansas avenue. The parade will
be headed by MarshalIs band, after
which will come the Republican Flam-
beau club, which has for its business
the destruction of $500 worth of fire.
works.
The Sons of Veterans drum corps and
the Lincoln Post drum corps will both
be in the parade also a squad of horse
men from the Topeka city troop. The
Kansas Republican Rifle Brigade ia
also scheduled to make its appearance
for the first time. There will be
and several other Republican marching
clubs This event is believed to mark
the first appearance of the marching
club in Kansas politics since the days
of the Farmers alliance.
The shooting of fireworks is scheduled
to begin as soon as the parade starts
It viii continue all the way to Ninth
street where the parade viii turn east
to the Auditorium.
Mr. Fairbanks viii not be one of the
attractions Of the parade. A telegram
was received from him this morning
stating that he expected to arrive In
Kansas City at 3:15, and would take
the first train for Topeka. D. W. Null
vane, Republican national committee
man from Kansas. went to Kansas City
this morning. and win meet Mr.. Fair
banks and accompany him to Topeka.
They will on their arrival at $40 go al
once to Mr.. Mulvane's home, where they
will take supper.
It is proposed that Fairbanks shall
speak first at the meeting this evening.
and Henry Allen second. The meeting
will be presided over by Mr. Mulvane.