davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1906-04-11
WALLACE v N. ALABAMA TRAC-
 TION co.

w AlJL<tSC N' 4N' <AA<T1D@N-N@~
 TON co.
 Decided June 80, 1905. (40 So Rep. s9o
 1. Appeal-exclusion of evidence harmless error.--Where. in an action for the negligent killing of dog, the court found that defendant was not
 negligent. the error in excluding evi- dence of the value of the dog was
 harmless.
 2. Evidence; declarations of em- ploye; admissibility.-In an action against a street railway company for the negligent killing of a dog, the declara- tion of the motorman in charge or the
 car, made after the occurrence, was not binding on defendant. and was in- admissible.
 3. Same; statement or ract.-Where there was an obstruction, shutting u car out of view while at a certain point. an answer that a person could not see the car was not objectionable as in volving a conclusion but was state ment of fact.
 4. Same; res gestae.-In an action against a street railway company TOT killing a dog. evidence that the car.
 while approaching the place where the dog was run over. was making
 great deal of noise. was admissible as
 a part of the res gestae. 5. Appeal; admission oi evidence; harmless error.-Where, in an action against a street railway company for killing a dog, the eVidence or d Wlt- ness having no personal knowledge of
 the facts showed that the car running over the dog could have been stopped
 In time to have prevented the injury. the error, if any. in refusing to ex- clude the evidence, was not prejudi-
 cial to plaintiff.
 6. Evidence; opinion evidence; com several months experience Is compe- tent to give his opinion that 1t was impossible to have stopped the car by the application If all the appliances at
 his command in time to have prevented the injury complained of. :. Appeal. exceptions: necessity Where no exception was reserved to the judgment, nor taken to the de- nial of the motion for a new trial,
 neither the finding of the judge nor the denial of the motion will be re-
 viewed.
 s. Same: discretion or court; attach ment of witness.--Tne matter of is- suing an attachment for a witness is within the exercise of the courts dis cretton and the action of the court in refusing to issue an attachment will
 not be disturbed in the absence of the abuse of discretion
 Appeal from Morgan Circuit Court. Heard before Hon. D. w. Speake. Rehearing denied Jan. g. 1906.
 Affirmed opinion by Tyson. J. Mcclellan, C. J. simpson and An derson, JJ., concur.
The Montgomery advertiser., 1906-04-11

continue to suffer rather than submit to examinations which so many physi- clans propose in order to intelligently treat the disease; and this is the req son why so many physicians fail to cure female disease.
 This is also the reason why thousands upon thousands of women are corre- spending with Mrs Pinkhan, daughter in-law of Lydia E. Pinkham, at Lynn. Mass. To her they can conhde every detail of their illness and from her great knowledge. obtained from years of experience in treating female ills, Mrs. Pinkham can advise sick women more wisely than the local physician.
 Read how Mrs. Pinkham helped Mrs. T. c Willadsen of Manning. Ia. She writes: Dear Mrs Pinkham
 "I can truly say that you have saved my life, and cannot express my gratitude in words. Before l wrote to you telling you how I felt. had doctored for over two years steady. and spent lots of money in medicines besides but it all failed to do me any good l had femaletrouble and would daily have faint inc smells. backache, bearing-down pains, and my monthly periods were very irregular and finally ceased. wrote to you for your ad- vice and received a letter full of instructions inst what to do, and also commenced to take Lydia E. Pinkham's Vegetable Compound, and have been restored to perSect health Had 1t not been for you would have been in my grave today"
 Mountains of proof establish the fact that no medicine in the world equals Lydia E. Pinkham's Vegetable Com pound for restoring women's health.
The Montgomery advertiser., 1906-04-11
JOHNSTON v. STATE.

Decided December 31st. 1905. 40 So.
 Rep. S6.)
 1. Criminal law; appeals; bills of exceptions; time of signing.-The bill of exceptinos. although reciting that the date thereof was within the time fixed by order of the court, which said order was made in open court in term time, and extended by written order of the court made before the expiration of the time first fixed in open court. will not be considered when 1t appears that the court adjourned within the time of the first order. as the court. as such. cannot extend the time for sign ing bills of exceptions by an order necessarily made in vacation: that power resting in the judge thereof or in an agreement of counsel.
 Appeal from Chiffon Circuit Court.
 Heard before Hon. s. l.. Brewer.
 Rehearing denied January 30, 1906.
 Affrmed. Opinion by Haralson. J.
 Tyson. Simpson and Anderson. JJ.. concur.
The Montgomery advertiser., 1906-04-11

no property to support him. is va grant.
 g. Same; Evidence; Burden of Proof. The state. on a trial for vagrancy, un- der Gen. Acts 1903, D. PA, providing that any person wandering about In idleness, who is able to work and has no property, is a vagrant. has the bur den of proving. not only that accused was physically able to work and that he wandered about in idleness, but that he had no property to support him.
 Appeal from Montgomery City Court.
 Heard before Hon. w. Fl. Thomas.
 "Rehearing denied January 8. 1906.
 Reversed and Remanded. Opinion by Tyson. J.
 Mcclellan, C. J.. Simpson and Andsr- son, JJ., concur.
The Montgomery advertiser., 1906-04-11


 HOwISON ct al. vs BAIRD.
 Decided May II. 1so5D--40 So. Rep.
 s4)
 1. Trust; Creation; Form of Instru- ment.--No particular form of words Is required to create trust in the title to property, but any instrument In writing signed by the party 'at the time of creating the trust or subse- ouently and which manifests the nature of the subject-matter and objects of the trust with reasonable certainty, will suffice
 g. Same: Transactions Creating Trusts.-Complainan and defendant entered into an agreement. whereby the former was to procure lease Of coal lands and devote his time and en- ergies to the opening of a mine on the same, and the latter was to furnish the money necessary to put the mine into operation. The parties were to be equal partners in the ownership of the mine after defendant had been paid for the money spent or advanced by him The lease was obtained, and each party entered on the performance Of his part of the agreement. After some time defendant sent complainant blank transfer of the lease to be executed by complainant to defendant, and ac- companying the transfer sent a letter stating that complainant had no inter- est in the property until defendant was paid back the money advanced by him, and then he had a half interest. Com- plainant accordingly executed the transfer. Held. that defendant held title to the lease in trust for the re- payment to him of the sums advanced, and then for the benfit of himself and complainant in equal shares. 3. Same; Declaration of Trust: Con- struction.-A written declaration of trust containing statement of certain conditions Is an admission by the trus- tee of the performance by the cestui que trust of all conditions precedent
 to his right to an equitable interest
 in the property other than those stated
 therein. 4. Same: Purchase by Trustee; Rights of Cestui Que Trust.--Where a trustee uses the trust property in pur- chasing stock in a corporation orga-
 nized to exploit such property. the cestui que trust is entitled to an in- terest in the stock equal to his previous | interest in the trust property. 5. Same; Enforcement of Trust: | Pleading; Amendment.-An averment of | an amendment to. a bill to enforce a l trust in mining property. that com | plainant and defendant were to be equal | partners in the ownership of the mine l after the latter had been paid certain | money advanced by him, was not re- pugnant to or inconsistent with an averment of the original bill which | merely stated that the parties were | to be equal owners of the trust prop erty. but controlled that averment by making it more specific.
 6. Same; Parties.-A corporation on which a demand to trnsfer shares of | stock to complainant has been made
 and which has refused to comply with
 the demand. is a proper party defen- | dant to 8 bill to compel such transfer
 brought against it and a codefendant
 who is alleged by complainant to hold the title In trust for him. Appeal from Jefferson Chancery Court.
 Heard before Hon John c. Car micheal.
 'Rehearing denied January Soth 1906.
 Affirmed Opinion by Haralson, J
 Mcclellan, C. J., Dow1e and Den son, JJ., concur
The Montgomery advertiser., 1906-04-11
WATTS V. STATE.

WATTS V. STATE. Decided Dec. 21, 1905.--(40 So Rep. s0).
 Criminal Law: Appeal; Bill of Excep- tions.--where a bill of exceptions Is signed in vacation. and the record falls to show an agreement or counsel or an order of court extending the time for signing, it will not be considered.
 Appeal from Marshall Circuit Court.
 Heard before Hon. W. W. Haralson.
 Affirmed. Opinion by Haralson. J.
 Tyson. Dowdell, Anderson and Dem son, JJ., concur.
The Montgomery advertiser., 1906-04-11
4 W0MAN's ORDEAL
DREADS DOCTORS QUESTIONS
Thousands Write to Mrs. Pinkham, Lynn, Mass, and Receive Valuable Advice Absolutely Confidential and Free

There can be no more terrible ordeal to a delicate, sensitive, refined woman than to be obliged to answer certain questions in regard to her private ills, even when those questions are asked by her family physician. and many
The Montgomery advertiser., 1906-04-11
RUST V. ELECTRIC LIGHTING COM
 nANyv nUr MnRJI.E

PANY OF MOBILE. Decided June 30. iso5--(4o So. Rep. ss). Appeal; Review of Facts; Equity: Finding of Register.--The report of the Register of his findings on the facts in a chancery case stands on the same footing, on appeal. as the verdict of the jury. and will not De disturbed un- less plainly erroneous
 Appeal from Mobile Chancery Court Heard before Hon. William Fl. Tayloe. Rehearing denied Jan. 9. 1906.
 Af1rmed Opinion by Anderson, J. Mcclellan, c. J.. Tyson and Simpson JJ., concur.
The Montgomery advertiser., 1906-04-11
BONDMAN V. STATE. Decided January 9th 1908. GAO So Ren S51

Rep. S5.)
 i. Homicide: evidence: relevancy.- A conversation had between witness and defendant a short time prior to the homicide in which witness told defendant that complaint was being made by deceased that defendant was not treating his wife properly, she be- ing deceaseds daughter. and that she wanted to move to her fathers house, and a reply by defendant that her fath- CT could move her. was competent as tending to show that deceased was at the house of defendant upon friendly mission, and with. defendants permis- ion.
 2. Criminal law; exceptions; suffi- ciency-where the record shows that after the ruling by the court on cer- tain matter, the defendant then and there accepted it. such statement does not show an exception by the de- fendant to the courts ruling. so as to present the matter for review.
 Appeal from the Lamar Circuit Court.
 Heard before Hon. S. H. Sprott.
 Affirmed Opinion by simpson, J.
 Tyson, Dowdell and Anderson, JJ.i concur.
The Montgomery advertiser., 1906-04-11
sLoss-sHEFFIELD STEEL & IRo

sLOSS- SHEFFIELD STEEL & IRON
 co. V HUTCHINSON. Action for personal injuries under em-
 ployer's Liability Act. Decided
 December q. 1905.* GAO So. Rep.
 114)
 f. Master and servant; injury to ser want; defective appliance: complaint complaint which alleged that a sta tionary engine was defective. without snecifyinR what part of the engine was defective, and in the operation of which plaintiff ,sas injured. sufficient Iv narticularized what part of the ways, works machinery or plant was defect i've.
 ?. Appeal rulings on evidence; ex- centnns. necessity for.-Where the record does not show that a party ex- cented to the ruling of the court on inc admission of evidence, but after wards moved to exclude the testimo- nv and excepted to the refusal of the rourt to exclude it, and the assign ment of error reads, The court erred In everything defepdant's objection to the following question" 1t is not re- viewable in the first instance, and the assignment raises no question as to the second instance.
 3 Evidence; conclusions; narration of facts.-One suing for injuries re- ceived while operating stationary engine may testify that he had to oil the parts he was oilinE. as this Ia
The Montgomery advertiser., 1906-04-11

MILLER, TREASURER V STATE cx
 rel Paris Coroner.
 Petition for mandamus to compel treas
 urer to pay cnroner's fees before
 they are audited. Decided Decem-
 Der 21. 1905. (39 So. Rep. 65S)
 l. Counties; audit of claim; allow ance of coroner's fees.-Notwithstand- ing the act approved February 10 1899 CActs 1S9S-e9. p. S15) provides for the payment of coroner's fees in Jefferson county without reference to the Board of Revenue, under the financial policy of the general laws of the State. the coroner is not entitled to have the Treasurer pay his fees until they have been audited and allowed by the Board. 9 Same; statutes; conflicting pro visions.--Acts 1S9S-99, p Sl5 requiring d coroner to itemize and verify hts accounts for fees claimed for holding inquests. etc, creates no irreconcilable conflict between such act and the gen eral laws requiring the auditing and allowance by the Board of Revenue Of all claims against the county.
 Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson.
 Reversed. Opinion by Dowdell. j.
 Haralson. Tyson and Denson, JJ'' concur.
The Montgomery advertiser., 1906-04-11

VANDIvER vs I'll ESTATE. Decided June 15, 1905.)-(40 So Rer.
 SSD
 1. Vagrancy; Indictment; Sufficient. An indictment alleging that defen- dant being able to work and having no nroperty, wandered about in idle ness. sufficiently charges vagrancy, within Gen Acts 1903, ?. PA, providing that any person wandering about in idleness, who is able to work and has
The Montgomery advertiser., 1906-04-11
de the veraict on applieation tor a

aside the verdict on application for a new trial.
 2. Same: review: estoppel to claim error.--A party cannot avail himself of error in ruling refusing to exclude evidence brought out by himself.
 g. Same: harmless error.-Error in excluding evidence Is cured. where the witness is afterwards permitted to tes- tify without objection to the excluded matter,
 Appeal from Gadsden City Coupt.
 Heard before Hon. JohE Fl. Disque.
 Affirmed. Opinion by Dowdell J.
 Tyson, Simpson and Denson, JJ., con- cur.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-04-03
WALkOUT TO
PROTECT BOSS

nELLIN0HAG, April Z Because
iheI igIenAn. Charles Woods. was
discharged without reason. the en-
tire crew of the Puget Sound NH a
Timber company struck yesterday
afternoon Saturday the yardmen
% the mill walked out because their
demands for higher wages we're NOT
complied with Woods took half
holiday Saturday afternoon. and n
vas Immediately thought that he
was IN sympathy with the yardmen
This be denies When he returned
10 work Yesterday morning he
found that ho had been discharged.
when this became known all the
men employed in the miil under his
charge walked out
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-04-03
SEE HIM IN
NEW LIGHT.
zloNlrus NOW ADMIT THAT
powiE DID NOT HAVE DIVINE
POWER, AND ADOPT NEW
CREED AND FINANCIAL pol.
ICY

CHICAGO. April g. Vuliya and
the other directors OF Zion have
adopted a new creed and financial
policy to save the residents 0f the
community fiom suffering Tor ne
cohsltius Nollya said to-day
"tho church ~ 10 be- conducted
a. Christian cooperative com
muniiy continuing 90 respect Dowle
for the good be has done We now
see be never possessed divine power
We don't believe any man among
us N direct, authorized agent Of
God We are all humble workers
for the common good
u IL planned 20 raise 8 600 600
immediately No word has been
received from DOwie ga answer 70
the telegram sent yesterday.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-04-03
ENDS DISPUTE

90 the recommendations Of the
streets committee ths city council
last night adopted the original prop
naiflun for The rsgradu % the Pine
It district. extending from West
lake boulevard 10 Easti4ke houle-
yard. The action Last night puts an
end 70 the tlremofne NrsREie Of con
fliciin9 interests over how the
Nerh should be undertaken aud
carried through and inHurca the
early Inauguration Of work ON the
Improvement.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-04-03
GIVES RARE RELICS

Tho Alaska club has received sew
erai rare additions 20 the ] T..
STANDBY exhibit now In the club
rooms Today Secretary Sheffield
received a letter from l.. l.. Bales
from Seward saying that he had
shipped two very valuable old stone
pipes from tho Mummy cave. OF
Prince william sound. and one old
Russian AK from llliamnia bay. Mr..
Bales n al present In Seward. but
- 20 leave for the westward and
hunt for curlos for the next two
yearA
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-04-03

Congressman ON introduced a
resolution declaring II the purpose
~ the council TO erect a new city
hall ca tho siis ~ the present build
ina, 20 b. paid for out 81 the pro-
oeeds ~ the sale 70 che Milwaukee
recently % the city stables site
This 10 a proposition 90 which
Moore has given some little study
siacs he assumed the office aud 81
which he ia an enthusiastic sup
porter. The two men had not dis.
cusHsd the matter until after the
conciusiou Of last nights council
meeting. wheu they got Together for
a few minutes Tor a mutual ex-
change ~ ideas The resolution vas
sent 10 she committee % the whole
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-04-03
STAR RAGING TIPS
OAKLAND

first race. tia m. purse -Graes
Van. Gold Heather. Sacramento
aslis
second. fnturity course. SELLING
Parting Jennie. Suburban Queen
0nT sasIls
Third. FutufltY course seliinE
hlumenthsls Alsono. Jake Ward.
Fourth i NJ 50 yds. Hsiiing Blu.
ehhnan HafbeF. He'd Light.
FIfth / ism. selling E1Dsdleni
HaYiland. Montana Peerless
ssfAfh. FntuFltY course. hRnait az
kumalas. Tampaa. Albert Fir,
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-04-03
STATE UNION
IS ORGANIZED

Delegates 10 the state eonfefsnos
NJ plum bats. steam and kAs filters
and steam filters helpers perfected
a state organization 81 the Labor
Tsmhls Yesterday afternoon. Eleven
cities NsFa represented
The following Officers were elect
~ @ Bosch. president . Arm
sffonk. vice president. X " Hub
bard. secretary and treasurer. aud
Clyde Williams sergeant ~ arms
last night the Seattle unions en-
tertained IN. visiting delegations Al
4 smoker AZ the Labor Tempie.
about 200 belnE pressuf The Fire.
msn's quartet furnished music.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-04-03
COUNCIL HAS
BUSY NIGHT

A long string " improvement res.
olutlonn aud ordinances we're In
tfodueod In the coHncil last night
and referred 10 the appropriate com
mittees. AmoaR the resolutions were
the f0llowing Pos thu paving Of
Easilaks ay from Lcnny way lu
Roy ~ Cor the grading aud curb
inE 81 East Pike A.. 2sth Az. Eaft
tnion "a and adjacent thorough
fares. Tor laying water mains on
9isi ay. north from East John 10
Fast Republican Zoe laying q sew
cr on Horen from rnlon 20 Pike.
Tor grading Olive from Ninth 10
Melroas. for laying concrete walks
on Caller from Seventh w 20 Quecn
Anne. and FOR asphaltluE Fast Pros
peci from 18th n 10 18th ~
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-04-03
FITHER'S GUILT DRIVES
YOUNG MAN TO SUICIDE

now serving an elEht-Year term IN
the orcgun penilentiafs for EN-
heEaiemrnl He Was married and
about . years old.
Davis father wAA sentenced 10 the
penltensiary about a year ako from
umatilia county lie Ahneonded
upon Investigation. bat later re
turned and stnod trial Breeding
upon his fathers guilt IL thought
10 have caused the son "a suicide
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-04-03
Ordinances introduced

Ordinances were introduced IN the
council. read the first time aud re-
ferred 10 appropriate committees
Appropriailng $4,000 with which "a
purchase a site FOR the city stables
authorizing the corporation council
90 employ an additional clerk: np.
prupriaiing $500 from the general
fund Cor the completion ~ the work
~ grading and laying water mains
on East Spring a. for the con
stractian ~ sewer ON Fifth n
from Prospect 90 Caller appropFiai
lnE 81 900 for the completion ~ the
repairs and Improvements 10 the
flrehoai Sn0qualmie. approprlntinE
$500 for placing In che hsrbor two
additional bUoyH; transferring so.
600 from the generai fund 20 the
municipal lighting fund. appro.
prisilnE o. 500 Tor the purchase %
fire hurpsv appropua,inz ta00o a.
couiinEent fund for the prompt
payment ~ discharged employees u
the city. and approving thu plaf OF
Perkins Green Lake addition
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-04-03
DECIDE ON REGRADE

The ordinance authorizing James
A Moore 10 fesrade the streets sur
rounding tho Washington hotel
property vas finally passed by the
city council last night aud Is In the
hands Of Mayor Moore Tor bis sis
nature. As soon As II is signed. Mr.
Moore will begin TO make plans for
the Inauguration Of the work. which
he etpeets - commence within 90
days
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-04-03
Protected ~ Law

The law torhlda officers to TN
prison such boys in a Jail. but May
or Moore has Issued Instructions to
the police department thai IN case
81 future arrests the hoys are to be
locked up ia the captains room Al
headquarters for a nlght al least
and until they can be taken before
the court.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-04-03

rsrsaxD Ore. April 3 With
8. : rs temple. apparently
-. sgaN-ealihsF revolver atill
..,....t Il Als hand. she bosy %
- ksxsll Davis Was found ia
!. -. "a Barns heights yeetvr
4 sas vas Toe verdict az The
Nmw
sN.s YNvss Is tie son " ex.
- nsris a t'maillla ecanty
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-04-03

rested and taken before the court
where they received lecture and
we're released again. They returned
90 the vicinity aud proceeded to tear
mp the trees aud shruhhery Of the
yard and parking strip. causing fur
Their damage
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-04-03
Destroy lawn.

q X. neekWlth. Of the vicinity Of
tho L0ngfellow aehool called at tho
office ~ Mayer Moore Yesterday
With a similar complaint. SAYING
that u has been fnuud impossible
to make nice lawns and parking
strips in that portion ~ the city
owing % the denfvdailuua II mtss
chivvous hays aud that the mis-.
creants have upgsated practically
every shrub or tree IN his yard and
parking strip The mayor appoint.
"a him a special policeman With tn.
struetiona "a arrest the Young eul.
pitts and brine them 10 the police
station.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-04-03
BOYS Are
defiant

.,.ss PROTECTED ev JUVENILE COURT LAW rLour
80 wAlLE DESTROYING LAWNS AND MAKING
.s.,,yss GENERAL n ulsANers-oompLNNrs MADE
= raE MAYOR
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-04-03

...oaas ., the eSlsienoe and
80 y ,Ae juvenile court Law
nfneul,y q rrocurlns 'he
ponlshmen, Of iuyenilcs
H pbllte say they ar"
n = = preveat certain dopte
.sslrss property pN
Asw IN sections OF wv
r. certain parts of ne
vii tear up trees
s.ss. ana mutllaie lawua
sss,.r strips and me police
800, % prevent IN so''r
r ...s.'s ~ made but ne bows
y Z. '..,.,s q b lusclsnt and De.
y ~ ~Asn iasca into court
~ a. abused and mis
\, whith causes che iadsc
2. - - eff witA > lecture ana
1900 10 behave themspi'ra
-, Y .l,s.Snlt.cn. the ofiicers sag
Z. nrsosisn snd the youns
-. ~ ana ny 10 rake mlF-
n. ~ ives q persons who
.'ral..ued against them.
ras W Fences
49, m.~rstn,s o. ihia class IN
ssv x he Madison q DOW
-. -. ,.eanily wrecked an ion
q, ..sv around the groun3s -
Tr nlles even 70 'ear'ng q
> ~ eoocre,e foundation
s,msse 10 he extent 81
80 i.oa lie had them ar
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-04-03
FIRE DESTROYS
BUFFALO TIMES

BUFFALO " April aThs uroysd by nrs this morning
plant of the buffalo Timss do loas . 100000