davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1906-11-18
PECK vs. THE STATE.


 Al So. Rep. 75s.l
 1. Burglary; indictment: suflcien- cy.--The indictment charged that de- fepdant, with intent to steal. broke into and entered a building. towjt, the depot of the Southern Railway Com pany, etc. the. said depot being the property of the Southern Railway Company. a corporation, The demur- Ter raises the question of the proper averment of corporate character, in that the words a corporation" do not follow the words "southern Railway Company" where first used In the character, the last clause therein sur- plying the omission In tue first in- stance
 2. Same; ownership.---where the ownership of the building broken ard entered Is laid in the person having the possession and occupancy thereof, it Is sufficient, in an indictment for burglary.
 3. Criminal law; appeal; harmless; error.--Possession being q collective fact to which a witness may tastify. and it being shown that the building broken and entered was in the possess sion of the Southern Railway Com, pany, If 1t was error to permit parol evidence of the ownership of the build ing, 1t was error cured by Section 4s3s, Code of 1SS6. and harmless. l. Same; Evidence; confessions; ad. missibility.--The defendant, while in the custody of the arresting ofacer, was taken into a closed room by such officer and the justice issunig the war rant. just before entering into his pre- liminary examination, and asked by the justice a question which, assumed defendants guilt. The evidence furth- CT tended to show that defendant was weak minded person. and began tv guilt was put to him. Held, that an alleged confession evoked in thsi man. | ner was inadmissible. even though it was shown that no threats were made or promises given to induce same.
 Appeal from Hale Circuit Court. Heard before Hon. B. M. Miller. Reversed and Remanded. Opinion by DowdelI. ].
 weakley, c. J., Haraison aud Dsn- son. JJ. concur.
The Montgomery advertiser., 1906-11-18
NEW STRENGTH FOR OLD BACKS.

when past middle age. there comes . noticeable weakening of the organs of the bodg. and the danger of quick decline. It is quite necessary to give prompt help to any part that first shows signs of wear.
 Healthy kidneys moan a hale old age. Weak kidneys bring constant baokache. lame back, stitches and twinges of pain, annoying urinary troubles. and the danger of diabetes or Bright's disease. There is likely to be c loss of albumen and a gain of uric acid and other poisons. with loss of flesh, vigor and nervous force.
 Dosn's Kidney Pills bring quick help to siok Kidneys, and are entirely free from poisonous drugs: 1t Is a remedy that can be taken by young or old, weak or strong. and in every case with prompt benefit
 If you have backache. lame or weak back, quick pains when Stooping or hitting; if you are tired and nervous, have headache. dizzy spells. watery swsilinGs under the eyes or around the anklea. rheumatic or neuralgia pain. gravel, scalding urine too frequent passagea. sandy or stringy sediment In the urine. scanty or discolored urine, CT passages at night. be sure your kid neya need attention.
The Montgomery advertiser., 1906-11-18

All women work some in their homes, some in church, and some in the whir1 of society. And in stores, mills and shops tens of thousands are on the never-ceasing treadmill, earning their daily bread.
 All are subjeetNto the same physical laws; all suffer alike from the same physical disturbance, and the nature of their duties, in many cases, quickly drifts them into the horrors of all kinds of female complaints, tumors, nlceration, falling and displace- ments or perhaps irregularity or suppression, causing backache. uer- vousnesa, irritability and lassitude.
 They especially require an invigorat- Ing, sustaining medicine which will strengthen the female organism and snable them to bear easily the fatigues of the day, to sleep well at night, and Co rise refreshed and cheerful.
 How distressing to see woman struggling to.earn livelihood or per form her household duties when her back and head are aching, she is so tired she can hardly drag about or sSand up, and every movement causes pain, the origin of which is due to some derAngement of the female or gRnism.
 Miss F. orser, of14 Warrenton Street Boston, tells women how to avoid such suffering; she writes:
 Dear Mrs. Pinkham:--
 'I suffered misery for several years with female irregularities. My back ached; had bearing-down pains, and frequent headaches; lydia B. pinkIlam's Vegetable Com
The Montgomery advertiser., 1906-11-18
sOUvERNIR PosT CARDS.
A Novel Craze That Has Become a PIngue.

A-AAAuGs
 New York Evening Post
 Familiar as souvenir post cards have come to be. it Is safe to say that but few persons have any idea of the im- mense quantities of them which are sent through the mails in this ooun- try. An official of the Brooklyn post office said today:
 '"The number of souvenir cards pass Ing through this office in the summer vacation season just ended has been enormous, severely oxertaxing the eTn- ployes and causing unavoidable delay in the handling of mail matter not of the first class. These cards began to circulate here in a noticeable degree about four years ago, and stnadily in- creased, until last year, for the first time, they began seriously to burden the mails. In this last summer thA flood Of them has been something ap- palIing, beginning to flow about July IS and ebb on September z. The foreign mail contains a great many of these kcards; coming all the year roUnd. bat 1t is the American cards. sent from all parts of the cOun- try in the vacation season, which have caused the bulk of the trouble.
 At one time have seen 75,000 of the cards on the distributing table in the city delivery division of the Brooklyn postofice. This was when they had been sorted out so as to give letter mail and regular postal cards the pre- ference. for, although the souvenir cards are first-class mail by rate of postage. the other first-class mail Is presumed to be the more important and is expedited ahead of them in most of the large offices. As first-class mail, though, the souvenirs have the preference over the second, third and f0urth-elass matter, which has been deayed in consequence The latter classes of mail have also been heavy in the last summer to a degree before unheard of. This was largely due to a great deal of advertising through the mails by means of circuIars (of which, for instance, a single Brooklyn firm
The Montgomery advertiser., 1906-11-18

f7. Witnesses: recalling witnesses for impeachfnent.--It Is within the discretion of the trial court, and not revisable on appeal, to allow the solicl- tor to recall defendants witnesses for the purpose of laying predicate to impeach them; but if permitted by the court to do so, this act does not make such witnesses state witnesses.
 IS. Arrest; police: right to arrest without warrant.---A marshall or po- liceman has a right to arrest without warrant for a vlllation of the town ordinance committed In his presence
 Appeal from covington Circuit Court
 Heard before Hon. H. 4, Pearce.
 Reversed and demanded, Opinion by Denson. ].
 weakiey. C. J.. Haralsoh and DOW deli. U. concur.
The Montgomery advertiser., 1906-11-18
HAAS vs, COOK. ct al. Attachment. (Decided June sOth, 1908.

Attachment. (Decided June 50th, 1906.
 Al So. Rep. (SI.)
 l. Partnership; attachment; proper ty subject.--Where the affidavit for attachment charged that ". and ". q firm composed of C. ". and J. w.. writ followed the affidavit, the same could not be levied on the individual property Of the partners, as it was Q proceeding against the firm and not against the individuals
 3. Attachment; forthcoming bond {; ficiency.--Plaintiffs attachment against the firm was levied on the in- dtvidual property of A., one. of the partners, and an attachment in favor of L. against the firm and the individ- uals was levied on the individual prop erty of B., the other partner. B. reple- vied his property and the bond was made payable to plaintiff and to L.. and was executed by B. alone. Held. that the bond was for the replevy of the individual property of B.. and not withstanding superfluous and irrele- want matter, was sufficient
 8. Same; ameudments.-Attach proceedings by one creditor cannot be amended so as to create a lien affect ing the rights of another attaching creditor which had hAeu legally fixed previous to the amendment upon the same property.
 1. Same; Irregularities - Persons entitled to comblain.--where defen- dant in attachment replevled the prop erty and sold it, another attaching creditor who acquired no lien or right to the property levied on and reple- vied. could not question irregularities In the another attachment
 Appeal from Choctaw Circuit Court.
 Heard before Hon. John T. Lack land
 Affirmed. Opinion by Haralson, J.
 Weakley. C. J.. and Dowdell and Denson, u, concur.
The Montgomery advertiser., 1906-11-18
Doan'S Kidney Pills is the best medi- cine to use. It has cured thousands and will cure you.
MONTGOMERY M PROOF:

James T. Childress, retired veteran, living on Broad St.. between s2nd and 3srd Ave, says: served during the war in the 8eth Alabama regiment un- der Col. o'Neil. and during the years since the close of the war 1 have suf- fsrod greatly from my kidneys and that dull heavy aching in the small of the back which often accompanies kidney complaints. The secretionS from the kidneys were highly colorcd. depositing a heavy sediment and burn- ing during passages. I also had head aches and frequent desire to urinetA accompanied with . distressing reten. ton. Often my back ached so that could hardly move about read an advertisement of Doans Kidney Pills and got e box at W. A Collier & Co.'S, drug store They did exactly what 1t was represented they would do. They relieved me of baekache, dizzy spells and the headaches and corrected the urinary dinlculties. should be pleas ed to recommend them at all times. and know that they can he depended upor to make good anything can say h their behalf
The Montgomery advertiser., 1906-11-18
PEARSON vs. THE STATE.

Assault with Intent to Murder. (Des a cided June 50th, taos.--41 So. Rep.
 733O
 I. Criminal law; appeal; bill of ex- captions: failure to set out all the evi- Slenee; preHumptions--Whe the affir- native charge IS requested by the de- fendant and the bill of exceptions does not purport to set out all the evidence other than that shown byt bill Of exc ceptiona which warranted the refusal of the trial court to give the afiirma- i've charge for defendant. although under the evidence set out the defen- dant was entitled thereto.
 2. Homicide: assault with intent to murder; self defense: instructions--A charge asserting that the very circum~ stances of one being within the pre- sincta of his dwelling or of his busi- ness house serves as warning to deter an assailant from entering there in, was 9 mere argument and properly refused
 3. Criminal law: instructions; as- suminR facts.--A charge asserting that defendant was attacked at his own house. and the law does not require that he retreat in order to claim the benefit of self defense, and that this principal extends to his dwelling 6 house with so much additional space as ia used and occupied for the purpose of the dwelling house and customary dwellings, was properly refused in ass Huming that defendant was attacked and as assuming other facts.
 1. Same; judgments entry.--On con- viction the judgment entry should show an adjudication of guilt by the court on the verdict of the jury.
 Appeal from Marengo Circuit Court.
 Heard before Hon. John T. Lack land.
 Affirmed. Opinion by Deuson. J.
 Weakley. 0. J.. Haralson and Dow dell, JJ,s concur.
The Montgomery advertiser., 1906-11-18
How Pinero Worlzn.

MT. A. W. Pinero has an unusual method of writing his plays His working day does not begin until that of the average city man Is over. Tn the morning he goes out. preferably on his bicycle, returning in time for an early dinner. Then he has a com fortable sleep, and on waking up, late in the afternoon, he prepares for bus mess. After a cup of tea he goes tc his desk and remains working at his play until far into the night.
The Montgomery advertiser., 1906-11-18

A German firm Is achieving success In the sale of wrought iron wardrobes. They are supplied in four different sizes. The great advantages the ward robe possesses are extreme durability, convenient ventilation and cleaning, and easy of transportation. The door is made of wire netting, and as the top slopes obliquely the contents are visible at all times.
The Montgomery advertiser., 1906-11-18
ATunt Ahanaon cnn,tal.

The disaster in San Francisco and the consequent great demand for building material of all sorts have so lnterfered tol ct Sacramento that the LegislattirS of 1907 will not be able to meet in the hulldtnE- IndAad the cha.nnaa at the
The Montgomery advertiser., 1906-11-18
coLLocK vs. THE STATE.

eNAA D6NhOAgs AOgGAhCu JdlO
 14th, 1906.-41 So. Rep. 727.)
 1. Homicide; self defense; with drawal from difhculty-If after pro- voxing the difhculty the aggressor withdraws from 1t in good faith, and announces desire for peace, but is pursued by his adversary. his right to take life in self defense revives.
 2. Assault and battery; criminal re- sponsibillty; instructions-Where the testimony for the defendant Tn prosecution for assault and battery tended to show that defendant at- tempted to avoid the difficulty by leaV- ing the house where prosecutor was, but prosecutor followed and attacked defendant who cut him. the court re- fused to instruct the fury that if the defendant brought on the difficulty, yet. if he abandoned the contest his right of self defense revived. Held. proper as defendants unwillingness to enter the difficulty was before the fight and the charge was not hypothetical on defendants good faith in withdraw ing.
 a. Same.--An instruction asserting that although the defendant may have been the aggressor. he might set up self defense, provided he attempted in good faith to retire from the canalnt
The Montgomery advertiser., 1906-11-18

OWEN vs. McDERMOTT. ct al Assumption. fDecided June s0th, 1906.
 ---t1 so. Rep. 730.)
 1. Evidence; conclusion of witness. Whether or not defendants owed plaintiff for transportation was coll lective fact and not conclusion and such evidence was competent
 2. New trial; grounds.--where the evidence of defendants as to whether or not they owed plaiutiff for transpor- tation was enormously excluded. such error was good ground upon which to graAt defendants a now trial.
 sl Appeal: new trial verdict again weight of evidAnce.---Unless the evi- dence is plainly and palpabIy in supp port of the verdict the appellate court will not set aside an order granting "a new trial on the grounds that the verdict was contrary to the weight of the evidence. especially. where the evidence is in conflict.
 Appeal from Mobile Circuit Court
 Heard before Hon. Samuel B. Browne.
 Affirmed Opinion by Denson. J.
 Weakley. c. J., and HaraIson and Dowdell. JJ. concur.
The Montgomery advertiser., 1906-11-18

.
 I could not sleep and cogiA hardly draa around. consulted two phAcians without relief, and as a Last resort, Tiled Lydia E. Pinkhams Vegetable Compoua, and to my surprise. every ache and pal left me. ! gained ten pounds and am in Iifect health.n
 Miss Peard Ackers, of S2North Sum. mer Street, Nashville, Tens writess { Dear Mrs. Pinkham:--
 "I suffered with painful pAods, severe backache, bearing-down pains,laiHls across the abdomen; was very nervouAnd irrftnr ble, and my trouble grew worse fery month.
 UNy physician failed to helArne and decided to try Lydia E. PinkhanIV Veestabls Compound. I soon found 1t wadoing nc good. All my pains and aches dRppeared and l no longer fear my monthly fiodaS
 Lydia E, Pinkham's vegetsge Com. pound is the unfailing cure foTu these troubles. 1t strengthens thd proper muscles, and displacement wit all its horrors will no more crush yoa
 Backache, dizzinesh, faintina bear. ing-down pains, disordered sAnach, moodiness, dislike of friends andociety --all symptoms of the one caus-wiTl be quickly dispelled, and it willnalxs you strong and well.
 You can tell the story of you suf- ferings to woman. and receivelelp- full advice free of cost. AddressAdra. Pinkham, Lynn, Mass. The brent Mrs. Pinkhan is the daughter-iaaw of Lydia E. Pinlzham and for twtty. five years she has, under her diredon and since her decease, been advang sick women free of charge.
 Ound Succeeds Where Others R
The Montgomery advertiser., 1906-11-18
Head Notes Qf the Decisions
 Of Alabama Supreme Count

and announced his desire for peace. was bad aA predicating defendant's right 10 set up self defense upon an attempt by him in good faith to with draw form the conflict and not upon an actual withdrawal.
 Appeal from Mobile City Court.
 Heard before Hon. o. J. Semmes.
 Affirmed. opinion by Tyson. J.
 simpson, Anderson and Denson. JJ. concur
The Montgomery advertiser., 1906-11-18
KNIGHT vs. THE STATE. Murder. (Decided June S0th. lvVo.-- 41 So. Rep (34)

KNIGHT vs. THE STATE. Murder. (Decided June seth. lsOs---
 41 So. Rep. (34)
 ], Criminal law; instructions; con spiracy.--1t was proper to refuse an instruction asserting that there was mo evidence of A conspiracy to take the life of deceased or to do any oth- CT unlawful act where 1t appeared that defendant was present when deceased was killed by another. and there was evidence tending to show a conspiracy between defendant and the other 70 uo an unlawful act, in the doing or Whlch |deceased was killed.
 2. Sanie: accessories.--An instruc- ton asserting that there was no eVi- dence that defendant aided or abetted in the killing was properly refused as . charge on the effect of evidence.
 3. Same; abstract instructions.-- Where there was eveidence from Wnlcn the jury might have inferred a con spiracy. a charge asserting that con spiracy is common purpose to do an unlawful act, and that 1t need not pc shown by positive proof. and that it is not necessary that there should pc Ia pre-arrangemen to do the specific wrong complained of, is not objection able as being abstract.
 Appeal from Conecuh Circuit Court. Heard before Hon. J. C. Richardson. Affirmed opinion by Dowdell. J. weaiEley. C. J., Haralson and Denson, u. concur.
 CARROLL va. FULTON, ct als. Partition. (Decided April goth. 1s0S.s --4f. So. Rep. 741.3 i. Partition: burden of proof.--tt was incumbent upon the complainants to show that the title to the land In question vested sn the widow and mi- nor childrar. either for the reason that the estate was insolvent or that the homestead was all the land decedent owned at the tina of his death. where Icomplafnants claimed as grantees of 8 child of the deceased owner Of the land. the child having conveyed after majority. in suit for partition against others.
 2 Same: evidence; sunicieney~-- Where there was other evidence teud- ing to show that decedsnt owned oth- CT lands than the homestead at the time of his death. the testimony Of three persons living in the locality of the land that they never knew of de- cedent owning any other land than the homestead, was not sufficient to snp- port the allegations of the bill filed by complainants, who claimed az grantee of q child of deceased owner of the land. for partition of the aame.
 Appeal from Geneva chancery Court.
 Heard before Hon. ". L.. Parks.
 sRehearing denied June 30th, 1908.
 Affirmed. Opinion prepared by Mo- CIellan. c. J.. and adopted by the Court.
The Montgomery advertiser., 1906-11-18

lydia pnkams Nssetahe Compound Succeeds Where Others A
The Montgomery advertiser., 1906-11-18

OWEN vs. McDERMoTT. ct al Assumption. fDecided June 30th, 1906. --tl so. Rep 730.)
St. Paul tidende. [volume] (St. Paul, Minn.) 1902-1928, 1906-02-16
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St. Paul tidende. [volume] (St. Paul, Minn.) 1902-1928, 1906-02-16
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St. Paul tidende. [volume] (St. Paul, Minn.) 1902-1928, 1906-02-16
Or. Niles Pain pills.

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ID. MILES MEDIGAlIGu.. Eskhart. IpdiaaA
St. Paul tidende. [volume] (St. Paul, Minn.) 1902-1928, 1906-02-16

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