davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1906-03-15

 under special contract declared on a plea in abatement but a plea in bar and not subject to the demurrer and motion to strike.
 3. Appeal; questions for review; suf- ficiency of record.-Demurrers and mo- tions to strike. not set out in the rec ord. will not be reviewed by this court on appeal.
 B. Appeal; insuficiency of pleading where must be tested.--If one tries a case on an insufficient plea or replica tion, without objection in the lower court, he canot be heard to complain on appeal
 4. Sales; action for price: evidence. In an action for the price of goods sold, plaintiff replied to defendant s plea of non est factum that defendant was estopped to deny this indebtedness for the goods because ne paid the freight charges thereon and kept the goods. 1t was competent for plaintiff to prove by defendant. when introduced as a witness on his own behalf, that defendant had paid such freight charges.
 Appeal from Lamar Circuit Court. Heard before Hon. S. 1T. Spott. Re- versed and remanded. Opinion by Dow dell, J. Haralson, Simpson and Den son, JJ., concur.
The Montgomery advertiser., 1906-03-15
THOMAS ct al. V. GOWN.

Decided Jan. IT. 1906, (S9 So. Rep. 89s). 1. Vendor and purchaser; effect of vendors wrong; bona fide purchasers The fact that the owner of land plots and sells the same without having the survey of the plot recorded as required by acts 1SS6-S7. D. 93, does not affect the title of an innocent purchaser of one of the lots
 g. Deeds; description.-A deed de- scribing land so as it can be made cer- tain by extrinsic evidence is not void for uncertainty of description.
 Appeal from Birmingham City Court Heard before Hon. c. w Ferguson. Affirmed. Opinion by Denson, J. Har- alson, Dowdell and Simpson, concur.
The Montgomery advertiser., 1906-03-15
Perpetual Musk odor.

The famous mosque of St Sophia, in Constantlnople. is always fragrant with the odor of musk. and has been so ever since 1t was built in the ninth century the curious thing being that nothing is done to keep 1t perfumed. The solution of the seeming mystery lies in the fact that when 1t was built. 1000 years ago, the stones and bricks were fixed with mortar mixed with musk.
The Montgomery advertiser., 1906-03-15

eiency.--A bill of complaint by pur- chasers of hotel furnishings against the sollers alleging a breach of a cove nan in the contract of safe whereby the seIers agreed not to engage in the hotel business In the same town so long as the purchasers were engaged In such business, and praying an in- Junction restraining a further breach, Is not subject to demurrer and motion to dismiss for want of equity.
 Apepal from Morgan CLancery Court. heard before Hon. w. IT. Simpson. Re- versed and rendered. Opinion by Dem son. J. Haralson, Tyson and Simpson, JJ., concur.
 KENTUCKY REFINING co. V. CON- NOR
 Decided Dec. 21, 1905. (39 So. Rep. 72s). i Witnesses; commercial lists as references as to value of merchandise. Circular letters issued and sent out at different times by the secretary of cotton seed crushers' association are not prices current and commercial lists' within Section 1910 of the Code of 1896, and it Is error to permit a wit ness to examine such letters and from them testify as to the price of cotton seed oil at a certain place.
 2. Same; same.-If letters consti- tuting prices current and commercial lists under Section 1910 or Code of 1896, dO HOt 6iNo LuS pElCG OI d in a particular city, witness cannot examine and from them testify to the price of the commodity in said certain city.
 Appeal from Macon Circuit Court: Heard before Hon. A. Fl. Alston. Re- versed and remanded. Opinion by Den son, J. Tyson, Simpson and Anderson, JJ., concur.
 EQUITABLE MFG. co. V. MARTIN. Decided Dec. 21, 1905. (3s So. Rep. 769).
 1. Headings; plea in bar; non est
The Montgomery advertiser., 1906-03-15
Pneumonia and Bronchitis Cured

MT. Charles W. Temple, of Manchester, New Hamp- shire, aged B, praises Duffy's Pure Malt Whiskey for it's wonderful curative powers.
 NIT. Temple was enabled recently to celebrate his golden wedding anniver- sary, thanks to Duffy's, which cured him of pneu- monia after having been confined to his bed for four long weary months. .......
 He also finds Duffy's his only relief from bronchitis; with which he has suffered for years.
 In an appreciative letter MT. Temple says:
 dHl nearly 10 years Old ana Cele- brated my golden wedding anniversary on November 18th last in the very best of health.
 Tn February, 1901, was taken sick four months. No one thought I would recover. and I had almost given up hope myself, when I decided to try Duffys Pure Malt Whiskey.
 Tt soon cured me and brought back my health and strength to me. l find Duffy's my only relief for bronchitis. with which I have suffered for years, and I am never without a bottle of your grand medicine CHAS. w. TEMPLE, 63 Peacock St Manchester N. H., December 22nd. 1905."
The Montgomery advertiser., 1906-03-15

As a negro headed the list of eligibles for a position on the Seattle police force he was appointed, and his appointment has created some excite- ment. His general grade was S2.29 and his physical 95.
The Montgomery advertiser., 1906-03-15

clan. Still he grew worse. At the end of about year and half of suffering he grew so bad had to tie his hands in cloths at night to keep him from scratching thesores and tearing the f1esh.'
 He got to be a mere skeleton, and was hardly able to walk. My Aunt advised me to try Cuticura Soap and Ointment. So great was her faith in it that she gave me a small piece of Soap to try and little of the Oint- ment. I took it home without any faith, but to please her l tried it, and it seemed to dry up the sores little.
 '' sent to the drug store and got cake of the Soap and a box of the Ointment and followed the directions, and at the end of about two months the sores were all well. He has never had any sores of any kind since.
 "He is now strong and healthy, and can sincerely say that only for your most wonderful remedies my precious child would have died from those terrible sores. used only one cake of Soap and about three boxes of Ointment. lsignedl Mrs. Egg bert Sheldon, R. F. D., No. l, Wood vile. Conn, April 9, 1905"
 or,n,s,. External and Internal Treatment for Every Hunlof from Pimples seTofuls from Infancy o Age consng of Cutours Soap ze ViaapSn' pS' Soe hes9i; Of 60) may be had of a dTuEg singe set often suTa Potter Drug Chem Corp, Sole Props, Boston. --
 1S-Msisd FEss, |" How to Cure Baby AuunrA" -.zAo
The Montgomery advertiser., 1906-03-15

eician treat him, but the sores grew worse. Then they began to come on his arms, then on other parts of his
 body, and then one came on his chest, worse than the others. Then I call- ed another phvSi-
The Montgomery advertiser., 1906-03-15
FREE To OuR REAnERa.

FREE TO OUR READERS.
 It has been arranged to mail free beau ful little French-designed GOLD-PLATED trinket box, hard enameled fin pretty c0i- Ors, handsome ornament, most liheral of fer ever made, and we want every reader to have one. Ten cents In stamps Is asked as n measure of good faith and to cover cost of Cascarets with which this dainty box Is loaded.
 Send today, be sure to mention this paper and write your address plainly. Address
The Montgomery advertiser., 1906-03-15
BABY COVERED WITH SORES
Would Scratch and Tear the Flesh Unless Hands Were Tied Wasted tOaSkeIetOn-Awful Suffering for Over a Year-Grew Worse Under Doctors Now Clear.
WOULD HAVE DIED
 BUT FOR CUTICURA.

"My little son, when about year and a half old, began to have sores come out on his face. I had a phy-
The Montgomery advertiser., 1906-03-15
Duffv's Pure Malt Whiskey

the nerve tissues, tones up the heart. the blood It brings into action all ood you eat all the nourishment it con eu. IL strengthens and sustains the keeps the young strong.
 This Is Guarantee.
 ute Is denr at any price, aud you ean-
 and 1t iS sold fin bottles only, never in having the genuine. You can get 1t at al booklet free. Duffy Malt Whiskey
The Montgomery advertiser., 1906-03-15

EQUITABLE MFG. co. V. MARTIN. Decided Dec .21, 1905. (39 So. Rep 769).
 1. Headings; plea in bar; non est factum; motion to striRe.-In an action to recover purchase price Of goods sold
The Montgomery advertiser., 1906-03-15

Home is not complete without the ever ready Box of Cascarets. Ten cents buys small one at the Corner Drug Store.
 Be very careful to get the genuine. made only by the Sterling Remedy Com pany and never sold in bulk. Every tab let stamped "CCC."
The Montgomery advertiser., 1906-03-15

give the brain  
 
 Duffy k the OnIW nfAed a Q sbt Malt trade ana O Doctors Co., N. Xs
The Montgomery advertiser., 1906-03-15

all the Nourishment out of Baby's Natural Food.
 Larger children cannot always be watched. and will eat unreason- ably. The Ready Remedy should ever be at hand Cascarets = to take care of the trouble when 1t comes.
 No need to Force or Bribe chil- dren to take cascarets. They are always more than ready to eat the sweet little bit of Candy.
 Repulsive medicine forced on the ones does more harm than good.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-01-07
THE VALUE OF CHARCOAL
Few People Know How Useful il is
Preserving Health and Beauty.

Nearly everybody knows that charcoal IS
the safest and most efficient disinfectaEt
and puriner in nature, but few realize its
value when taken into the human system
for the same cleansing purpose.
Charcoal is remedy that the more you
take of it the better; it is not drug at all,
but simply absoros the gases and impurities
always present in the stomach ana intes-
tines and carries them out of the system.
Charcoal sweetens the breath after smok-
ing. drinking or after eaLng onions and
otner odorous vegetables.
Charcoal effectuaIly clears and improves
the compIexiOn, it whitens :he teeth and
further acts as a natural and eminently
sale cathartic.
II absorDs the Injurious gases which col
lect in the stomach and bowels; 1t disin-
fects the mouth ana throat from the poison
OF catarrh.
All druggists sell charcoal in one form or
another, but probably the best charcoal and
the most for the money is IN stuart Char
coal Lozenges: they are composed of the
finest powdered willow charcoal, and other
harmless antiseptics in tablet form, or
| rather in the form Of large. pleasant tasting
lozenges, tie charcoal being mixed with
! honey.
The daily use of these lozenges will soon
tell in a much improved condition of the
| general health, better complexion. sweeter
breath and purer blood, a:id the beauty OF
| it is that no possible harm can result from
} their continued use, but on the contrary
\ great benent
Buffalo physician, in speaking Of the
benefits OF charcoal. says: Il advise
stuart's Charcoal Lozenges to all patient.
suffering from gas in stomach and bowels
and TO clear the complexion and purify the
breath. mouth and throat; / also believe
the liver is greatly benefited by the dali,
use OF them; they cost but twenty-five cent
a box at drug stores, and although in som.
sense a patent preparation. yet / believe
get more and better charcoal in Stuart'i
Charcoal Lozenges than in any Of the or
| binary charcoal tabletS."
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-01-07
new THEORY IN MYSTERY
Edwards Nay Have Been Killed and
Carried to Room Where Found.
STRANGE BLOOD SPOTS ON HIS STOCKING
Only with Body Erect Could Blood
Have Dropped from wound to
Place where IL was
Found.
STRANGE BLOOD SPOTS ON HIS STOCKING

NEW HAVEN, Conn. Jan. 6-The mys-
terry Of the shooting OF Charles A Edwards
OF New York. at the Hitler family home
stead on College street. last Tuesday night,
was apparently as deep as ever when the
coroner resumed his investigation today.
The corner, however, has given no sign OF
encouragement.
The search for the weapon with which
the murder was committed went on today,
n gang Of workmen continuing their in-
spection Of the sewers in the vicinity Of
College street by the coroners order. This
search is being made on the theory that
the murderer, in leaving the scene of the
crime. disposed OF the revolver by dropping
II In a sewer pocket. The catch basin at
Temple and Wall streets was opened today
and search made there. The fact became
known today for the first time that tina
authorities have some reason to think that
Mr.. Edwards was not shot as he lay in
bed in the guest chamber, where his body
was found, but that he was carried inta
that chamber after the shooting and placed
in the bed.
This theory is based on the discovery Of
several blood spots on one of the stockings
worn by Mr. Edwards. He was found In
bed, dressed in his underclothes and stock
ngs The left stocking was wrong side
out. as II the wearer had put IL on that
way by mistake, and at the top OF the
instep were number Of small drops OF
blood On the bottom and side of this
stocking there was considerable lint, while
there was no lint on the other stocking
The inference which the detectives had
drawn is that the man carried from
another room to the guest chamber after
the shooting and that the left foot trailed
along the floor. The blood spots. II they
came from the wound in the head. could
reach the stocking only when the man was
standing erect The bullet entered the up
per part OF the left ear, and IL the victim
were standing the drops from tho wound
might fall on the left foot
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-01-07
MURDER IN ST. JOSEPH, MO.
Frank w. Eib shoots Lizzie Ellington
of Brookheld, Mo-, Then
Kills Himself

ST. JOSEPH, Mo, Jan. 6.-Frank w.
Eib. clerk for the Pacific Express COM
pany, o years old. shot and killed Lizzie
Ellington, 10 years old. in a disreputable
house today and then killed himself in the
same manner. The girls family is prom
inent at Brookfleld. Mo, and she ran away
from her home and came here last Christ
mas. Eib inherited considerable money at
the death of his mother recently ard spent
it lavishly on Miss Ellington. When he
told her today his cash was exhausted she
attempted to cast him of and quarrel
followed. The murderer and suicide is Of
prominent family. His father is yard
master Of the Union depot and his sister
is principal of one of the pubic schools.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-01-07
RETIRING MEMBER HOLDS SEAT
wishes to Finish Up some Business
Refnre Retirinn from BOnrd.

SCHUYLER. Neb Jan. 6-(Special. THE
county commissioners struck a snag at their
meeting this week. -Four commissioners
were on deck F. c. Egerton, whose term
expired January 4. refused to vacate his
seat and the commissioner-elect, Folken,
filed his bond and took the oath of office.
The two other commissioners passed a reso-
luton recognizing Mr.. Folken as the COM
missioner. when the first piece of business
came up Mr.. Egerton made a motion and
then there was pause in the proceedings.
They did not know whether to recognize
Mr.. Egertons motion or not. County Attor-
ney Allen filed a communication with the
commissioners advising them to recognize
Mr.. Folken as the commissioner, Mr.. Eyer
ton has some business TO finish up that will
require about a month and it is understood
that after that Is completed he will relin-
qulsh his claim to the seat.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-01-07
vanCIeve is released on Bond.

DAKOTA CITY, Neb., Jan. 6.--(Special)-
Philip vanCleve yesterday secured bonds in
the sum of s5oo for his appearance at the
next term Of district court TO answer TO the
charge of violating the state liquor laws,
and he was released from custody Gill
strap. who was arrested with VanCleve and
who undoubtedly was the leader in the
movement of operating an unlicensed saloon
in Blyburg, near the Winnebago reserva-
ton, has failed to secure his bond of $500
and languishes in jail. VanC1eve bears
good reputation in the neighborhood OF
Sloan and Salix, Ia, where he resided for
number of years before removing 10 this
county, and II appears he was made dupe
OF by Gillstrap, who is an old offender
against the United States liquor laws.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-01-07
SALOONS SHUT TIGHT TODAY
PrOprietors of Thirst-QuenchinE RE-
sorts Have TacitIy Agreed 10
Keep Closed.

Today will be a strictly dry Sunday in
Omaha, so far as the saloons are con-
cerned. No Official order has been issued
in the matter. either by the Board OF
Fire and Police Commissioners or by the
chief OF police. The saloonkeepers them
selves have reached an agreement TO close
their places promptly at Il O'Clock satur-
day night and 10 remain closed until 4
O'Clock Monday morning No particular
reason is assigned for the action. but re-
cent protests 70 the board are supposed
TO have more or less TO do with il
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-01-07
Jury from Force of Habit.

OSCEoLA, Neb, Jan. 6-(special.)-The
next term of court in Polk county/will con-
vene here on January Is. Like all terms
before 1t since osceola has been a county
seat. a jury has been summoned notwith-
standing the fact that II Is years since
there has been jury trial The following
will serve at the coming term: William
Fentress. Fred Braithwaite, Harry Biggs.
II, II. Hewett, F. ]. Schneider, ir, G. w.
HOLSTER, f, r. Ware. John Ekley. Frank
Chauner. F ]. Campbell, 5. A. d. Arme-
COST, w. H Nance, Charles Drouvall. w.
$. Miller, Ira Graham, F. ]. Deland. +. F.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-01-07
FORtiY
---------l--@ll-
DEATH OF SAMUEL
Oldest Resident of Florence Dies ut
ARe of Eixhty-Three.


FLORENCE. Neb.. Jan. 6.-(special)-
Samuel Forgy died at his home on Calhoun
street early Saturday morning. Mr.. Forsy
had been sick about five days. He was
50 years old and the oldest citizen in Flor
ence In point OF residence, having arrived
here in 1854, three years before the general
settling up of the town after the Mormons
left Mr.. Forgy came to Chicago by rail-
then bought "A pony and rode through from
Chicago to Florence. Omaha at that time
was a small place on the map. He was
born In Pennsylvania and was married
there sixty-one years ago. Mrs. Forgy
survives him and Is 81 years old. They
have three sons and two daughters, Mrs.
F. NJ. King. John Forgy, Robert Forgy,
Samuel Forgy, jr., and Mrs. Emma Brad
shaw Robert Forgy is resident of Wash
ineton, John resident of Montana and
Mrs. Bradshaw OF New York. while Mrs.
f. NJ King and Samuel. Jr., 1.-Two here.
The house that Mr. Forgy built here in
September, 1856, is still standing on West
Calhoun street. well up the hill and over
looking the river This house has been
standing fifty years last September and is
being used as a dwelling house. II has a
brick basement. Mr.. Forgy built this house
himself, being a carpenter. He also did
the carpenter work on the old Florence
bank building, which was erected in 1851
Mr. Forgy pre-empted 100 acres Of land
three miles north of town and still owns
this farm. About twenty-five years ago he
purchased 100 acres Of land nine miles
northwest of Florence, but last fall, getting
a fancy price for it, he sold it and built a
modern house just across the street from
| the one that he had built just fifty years
| before Mr. Forgy was a first-class scholar
| and even in late years his mind was extra
| bright The funeral arrangements have
/ not been made on account of the daughter
! coming from the east and possibly the son
| Dobart from, Wasbipgton
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-01-07
NO TRACE OF GEORGE MERRIMAN
Search for Nebraskan Lost In New
Mexico Brings No Results.

SANTA FEE, n. NJ, jan Especial Tele-
gram.)-No trace has been found Of George
Merriman, the Nebraska man who has
been missing from here for one week.
Searching parties have been out the last
two days in the foothills and arroyas
around the city hunting for the body. 1t
is thought that he has been murdered or
that he was drunk and wandered off TO
perish. No hopes of finding him alive are
entertained. Several rumors of a man
answering his description have appeared,
but nothing definite has been disclosed by
the searching parties An inventory of his
property shows he took nothing besides the
clothes he had on and money In his pocket.
The board bill was paid until tonight. His
friend johnson is exhausted by his efforts
and was unable to take part in the search
today
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-01-07
SPECIAL TRAIN REACHES ALBION
stops Made ut Two Places by Crop and
Soil Snecinl of NOrthMestern.

ALBION, Neb. Jan. 6-(Special Tele-
gram. 1.-The special soil and crop train ar
rived on time over the Northwestern and
was met by a large number OF farmers
who had come to hear the talk made by
the speakers After leaving Elgin the train
stopped at Petersburg, where fully 200
farmers listened to Prof. Emerson and
Pugsley on the subject OF corn raising. \
very good meeting was held at this point
The next stop was made at Loretto,
where Prof. Hunt Of Cornell university
gave a talk on the same subject.
The speakers at this place were Prof.
Hartley, the great corn expert, and DR..
Condra, whose talks were confined to more
advanced methods OF corn raising.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-01-07
NeNxa of NehrnaIra

PLATTSMOUTH- The Rebekahs held
their annual installation ceremonies Satur-
DAY evening. after which refreshments
were served.
PI.ATSrSMoUTH-MT. and Mrs. George
l. Farley pleasantly entertained eighteen
young women, members Of the formers
Sunday school class.
ScHUYLER-About three inches OF snow
fell here the last week. The frat part Of
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-01-07
Higher Wages for Ihoru

NEW YORK. Jan. 6.-The strike OF the
chorus of the Metropolitan opera house
was ended this afternoon The chorus re-
turned to the opera house this afternoon
singing at the matinee performance OF
Gounods Faust. Director Heinrich Com
ried agreed to pay the members OF the
chorus $40 week instead OF the SIS wages
paid them formerly and they relinquished
their demand for the recognition OF their
union.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-01-07
Aged Farmer Kimed by Train.

BEATRICE, Neb., Jan. 6.-(special Tele-
gram -Marion Blackwood. a wealthy
farmer of Glenwood township, was struck
by the Burlington fast passenger west
bound one-half mile west OF Odell last
evening and so badly injured that he died
today. He was walking along the track
and failed to hear the approaching train
Mr.. Blackwood was 60 years old and had
resided in this county for twenty years
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-01-07
BurIington Discontinue. Train..

PLATTsMoUTH, Neb., Jan. 6-(Speclal)
A new time card goes into effect Sunday
on the Burlington and passenger trains
Nos Is and l6, running between this city
and Ashland, will be discontinued These
trains were put on as an experiment when
the last time card went into effect a little
more than month ago. Trains Nos 10
and 20 will handle the business in the
future.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-01-07

Cain, oscar Gulbranson. Liberty Clark,
w. A. Burritt, c. A. Hoedley. N. p. Free
man. G. V. Rosene and ]. A. Fullerton.
These good men and true will likely have
nothing to do but draw their per diem and
mileage.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-01-07

than Il did in 1903 and the Union Pacific
about $50 goo more.
state House Brevities.
At a meeting Of the State Board OF Public
Lands and Buildings this morning the for
NAL acceptance of the new boiler house at
the Milford Industrial Home for Girls was
recorded The plant cost $i.S1. and was
pronounced to be perfect. Westover & Co.
OF Lincoln secured a contract to make al
terations in the vault of the land commits
sioner.
Auditor Searle left this afternoon for
Omaha, where he will be the guest at the
banquet of the local underwriters associa-
ton. Governor Mickey has gone TO Keokuk,
Ia, to address the Young Mems Christian
association of that city tomorrow on Char
acter Building"
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-01-07

We still have copies OF the New Years
illustrated Edition OF The Bee. Order them
now before the edition is exhausted.