davidaulloa/AmericanStories huggingface dataset:
New Iberia enterprise and independent observer. (New Iberia, La.) 1902-1944, 1906-07-28

Notice is hereby given that by virtue
OF writ of Fieri Facias issued ont of
the above entitled matter, /, George
Henderson Sheriff, through w. l.. Dupuy,
D'y Sheriff have seized and will offer for
sale and will sell to the last and highest
bidder for CASH At the Count House door
in the City of New Iberia, Parish of Ibe-
eria, State Of Louisiana between legal
sale hours on,
SATURDAY, SEPTEMBER LIST, 1906,
the following described property to wit:
One horse and buggy, saddle and bride.
Also certain tract Of land situated 1t
Petite Anse Parish Of Iberia, State of
Louisiana, measuring ninety six (96) feet
front by one hundred aud ninety two
(l92) feet in depth the same being the
moth half of one acre reserved in the
sale of j. j. Chaisson to Marcel Dsrouen
and of record in conveyance book 70
folio so, and bounded on the north by
Otto Fritscher, south by Daniel Norres,
east by Road, and west by Marcel De-
rouen. Also certain judgement of the
It'll ward Justice of the Peace, Court of
Iberia Parish, entitled j J. Chiasson, VS..
John Tino for the sum of Forty Four and
75-l00 Dollars with interest thereon at
the rate OF 81 per an8um from the 23rd
day OF Dec. '05, and costs OF snit, recorded
in mortgage book A. "a folio so, of the
records of Iberia Parish.
Another certain judgement entitled J.
j. ChaIssoH VS. John Segura of the 7tb
ward Justice Court OF Iberia Parish for the
sum OF Twenty Eight Dollars and fifty
cents with the interest thereon at the rate
OF 81 per annum from the 18th day Of
January 1906 and all costs OF suit record,
ed in mortgage book A. "a. folio $50 of the
records of Iberia Parish.
To pay and satisfy the sum of Two hun
dred and Eighty-one dollars and 81 cents
ls2Sl.3D with interest at So per annum
from March 10th, 1906, and all costs,
Given officially this 21st day Of July, A.
ID. 1906.
GEO, HENDERSON, Sheriff,
Per W. l.. Dupuy, by. Sheriff.
New Iberia enterprise and independent observer. (New Iberia, La.) 1902-1944, 1906-07-28
equal to the circumference of the
globe at the equator.

The largest part of the wealth
of Alaska is in it's minerals, chief
among which now is gold. The
production of gold has increased
from 81, 0OO,O in 1895 to SIS
100000 in 1905, and the total
production for that period has
been $40. 898,O00 About four
fifths of the gold produced is
from placer mining, the balance
being taken from lode deposits.
Alaska is partially organized
Y tory, having governor and
NY. but no legislature. 1t
into three Federal
'ricts. 1t is customs
n~here are local land
W. Alaska is about
|sebiles, or 37.12o,-
aesast the Govern
oldht 10 cents an
New Iberia enterprise and independent observer. (New Iberia, La.) 1902-1944, 1906-07-28
PARTITION SALE.
FdH1TT1VN DALE.
FRED. w. ANSLEY, EFT. AIS,
vs.
HEIRS of NICOLASL l.. MCCARTHY. ct ais.
State of louisiana Parish of Iberia, 10Th
Judicial District Court.

Notice is hereby given, that by virtue of
an order of sale to effect partition in
the above entitled matter between the
above named Plaintiffs and Defendants,
will offer for sale and will sell to the last
and highest bidder, on the terms and
conditions mentioned below, at t.le. Curt
House door in the City of New NM,
Parish of Iberia, State Of Louisiana, On
SATURDAY, AUGUST 18th, 1906, !
the following described property, toys
The South Il of the So.th East "a
the South y of the SOUTH Nest Il OF ~
81. 7. IL. 3. of Range East. s. W.
Land District of Louisiana, containing
l60.05 acles.
The above described property being in.
divisable in kind it was decreed that az
same be sold at Public Auction by tb
Sheriff of Iberia Parish to the highest bid'
der for cash, as far as the interests of fha
majors are concerned, and also that the
interest of the minor Borden Coate shonld
be sold for Cash as recommended by ths
family meeting held in the interest oJppsIa
minor.
Given officially this l4th day of July, A.
D. 1906
GEORGE HENDERSON, Sheriff,
Per W. l.. Dupuy, Deputy Sheriff.
New Iberia enterprise and independent observer. (New Iberia, La.) 1902-1944, 1906-07-28
BUILDS A RE Al ROAD.

Benton July ga special
session of the police jury has
just been held for the purpose
of authorizing the work and
making an appropriation for
constructing one mile of public
road, just west of town, under
the supervision of the United
States government experts. The
work on this one mile of road
will cost the parish 1000, and
will be an object lesson on good
road work that is expected to be
of great value to the parish.
New Iberia enterprise and independent observer. (New Iberia, La.) 1902-1944, 1906-07-28
A GOOD NIGHTS REST

qThe greatest tonic on earth is good
nights rest. Restless nights and the ter
rible exhaustion of hacking cough are
dread dangers of the poor consumptive.
q t why this fear of the night when
few doses of Dr. Boschee's German Syrup
will insure refreshing sleep, entirely free
from cough or night sweatl Free eI-
Pectoration in the morning Is made GER
tain by taking German Syrup.
Owe know by the experience of over
thirty-fve years that one 75-cent bottle OF
German Syrup will speedily relieve OF
cure the worst coughs, colds, bronchial OF
lung troubles-and that, even in bad
cases of consumption, one large bottle Of
German Syrup will work wonders. -
QTwo sizes, a5c and 7sc. Ali druggists
So Id by John z. Taylor. Druggist.
New Iberia enterprise and independent observer. (New Iberia, La.) 1902-1944, 1906-07-28
FOR SALE.

Valuable Town Lots on Center and
Weeks Streets, near Corporate limits.
Apply to J. w. Wyche, J. T. White or
d. T.Pe ebles.
New Iberia enterprise and independent observer. (New Iberia, La.) 1902-1944, 1906-07-28

Kennedy's Laxative Honey and Tar is
the original laxative cough syrup and
combines the qualities necessary to re-
lieve the cough and purge the system of
cold. Contains no opiates. Sold by John
r. TAYLOR Druggist.
New Iberia enterprise and independent observer. (New Iberia, La.) 1902-1944, 1906-07-28
LOST.

New Iberia, La, July IA, 1906.
A Certificate of Deposit No. 2285 for
$50 90 issued on June 18th, 1906, by The
New Iberia National Bank, favor of J. E.
Foreman and of deposit to the order of
Walter Foreman.
New Iberia enterprise and independent observer. (New Iberia, La.) 1902-1944, 1906-07-28
TRUCK FARMING FOR PROFIT

CORRESPONDENCE INVITED FROM THOSE
WHO HAVE SUCCESSFULLY RAISED
TRUCK IN THIS NEIGHBORHoOD. ANY
QUESTIONS ASKED WILL BE ANSWER
ED. ADDRESS ALL COMMUNICATIONS
TO FARM DEPARTMENT, WEEKLY EN-
TERPRIsE, NEW IBERIA, LA.
New Iberia enterprise and independent observer. (New Iberia, La.) 1902-1944, 1906-07-28
Sheriff Sale.
LEON DREYFUS
VS..
j. j. CHAISSON.

State of Louisiana, Parish of Iberia, 18th
Judicial District Court.
New Iberia enterprise and independent observer. (New Iberia, La.) 1902-1944, 1906-07-28

,,srsa coast line of Alaska is
New Iberia enterprise and independent observer. (New Iberia, La.) 1902-1944, 1906-07-28
DID you KNOW THAT

interior Alaska, north of the
past range of Mountaing, avail
ole for agricultural purposes
ar valleys-the
I Ss.s:
The Montgomery advertiser., 1906-11-12
AN AGED PHYSICIAN
After Years of Experience Gives the
 Following Advice.

After Years of Experience Gives the
 Following Advice.
 "r you have anything to do with medicines at all be pretty sure you know what you are taking"
 Our local druggist, D. G. Fowler, says this is a strong point in favor of their valuable cod liver preparation, Yinol. Everything 1t contains is plainly print cd on the label. therefore 1t is not a patent medicine.
 Vinol contains in a highly concen- trated form all of the medicinal ele- ments of cod liver oil, actually taken from fresh cod's flyers, but with the useless, nauseating oil eliminated and tonic iron, which Is a needful eonstlt- uent for the blood, added. A
 This is the reason that Vinol accom- plishes such wonderful results in cur ing chronic coughs, colds, bronchial and lung troubles, and there is nothing known to medicine that agill so quick ly build up the run down, overworked, tired and debilitated, or give strength and renewed vitality to the aged, as VinoL
 We can only ask every person in Montgomery who needs such a medi- cine to try Vinol on our offer to return their money if 1t fails. F. c. Fowler, Druggist.
 NoTE-While we are sole agents for Vinol in Montgomery, it Is now for sale at the leading drug store in nearly ev- cry town and city In the country. Look for the Vinol agency in your town.
The Montgomery advertiser., 1906-11-12
HILL v. THE STATE.

SGurder.-(Decided May S1, 1906. 41
 So Rep. 621.)
 1. Homicide, self defense; duty to retreat-Where 1t appears that accus- Cd could have retreated and thus Rvoid- ed taking deceased's life, or could have by taking his life, no necessity for taking life existed, and there Is no room for self defense.
 2. Same; evidence; admissibility.-- On the issue of whether or not de- fendant acted in self defense, 1t was permissible for the State to show that deceased feet had been amputated, and holding to something, but could re- main upright as long as he was walk ing; it having already been shown that deceased was without firearms and had not exhibited any weapon during the dificulty.
 8. Same.-It is permissible to show in a prosecution for murder by wit nesses who examined the body, where the body was, when they saw 1t, and the nature and character of the wounds on 1t, together with their appearance and location.
 {. Criminal law; evidence; demon- strative evidence. Where it was shown that deceased's feet had been amputated and that he walked upon the stubsgit was proper to allow the boots worn by deceased introduced in evi- dence for the purpose of giving an idea as to the condition of decedent feet.
 6. Same; trial; evidence; objection; suficiency.-It being competent to show condition of decedent's feet, the solicitor asked a witness to state if there was anything the matter with the feet of the decedent, objection to the question was overruled. and wit ness answered that when decedent was a little child he had his feet so badly burned as to cause him to be badly crippled. Motion was made to exclude the answer. Held, part of the answer being competent, and the motion going to the whole of the answer, 1t was properly OYerruled.
 6. Same; harmless error; erroneous admission of evidence Under Sec. 4sss. Code of '1ss6. thiR court will not
The Montgomery advertiser., 1906-11-12
Head Notes Of the Decisions
 Of Alabama Supreme Court

REDUs vs, MILNER COAL AND R. R. Action for Damages for Personal In- jury .--(Decided June 7th. 1906.
 fl So. Rep. 6S4.l
 1. Evidence; objections; examina- ton; remoteness.--An accident. con sistlng of a derailment of q car, oc- cured in September. 1903, and wit ness did not examine the track at the point of the accident until Marca 90, 1905. Held, that he was not then entitled to testify as the difference in the height of the rails where they joined, in the absence of proof that the conditions were the same when he examined the~1rack as at the time of the accident. though there was some evidence that no changes had been made at all to repair. the track since the wreck.
 ?. Trial; reception of evidence; ob- jections.--Where a questio nhad not been completed when 1t was objected to and the, witness did not answer so much of the question. but waited un- til the question was completed, the objection was ineffective as against the answer afterwards made, in the absence of motion to exclude.
 3. Witnesses; examinations; ques tions; calling for opinion or facts .L- A question as to whetl CT rails are ordinarily laid on switch tracks lead ing to and from mines and for slate dumps as heavy, as rai-s on fine main line Of railroad was not obtectiona- ble as calling for An opinion of the i witness.
 {. Master and servant: injuries to servant; instructions.--Whe in au action for injuries to q servant by the derailment of car, 1t appeared that the car was emptied of its contents by dumping" which was aceomplish- ed by pulling a lever, an instruction that. if plaintiff "emptied" the slate from the car at the place of derail- ment, he was guilty of contributory negligence, was sufficiently covered by the plea, which alleged that plaintiff dumped the car."
 5. Same; contributory negligence :. Where plaintiff had been ordered not to dump a slate car until he got order to do so from the engineer, but violated such instructions and dumpe the car while it was moving at some speed 1,400 feet before the dump was reached, resulting in the car Icing de- railed and plaintiff being injured, plaintiff was guilty of coitributory negligence as & matter of law. S. Same: res ipsa loquitur.--Where plaintiff servant, was Injured by 1 the derailment of a slate car, which i he prematurely dumped in violation ,f orders, the fact that plaintiff was in- l jured by being thrown from the car was insufficient in itself to establish defendants negligence.
 Appeal from Birmingham City Court.
 Heard before Hon. Charles A. Senn. Affirmed. Opinion by Anderson, J.. Weakley, c. J., Tyson and Simp son, JJ.. concur.
 BIRMINGHAM RY., LIGHT & POWER CO, V. RYAN.
 Action for Damages for Personal In- / juries to Persons on Track.-(De- cided May 30, 1906. 41 So. Rep.
 616.)
 Street railroads. rarannal iniurY:
The Montgomery advertiser., 1906-11-12
DENNIS V. PRICE.
DTlININAD V NAEAOIs Ejectment.--(Decided July 6, 1906. q So. Rep. s4O.)


 Ejectment.--(Decided July 6, 19ee 4R
 so Rep. s4O.)
 1. EJectment; possession; adnlis- sion pleas; issue and proof.--One of the defendants. by plea. admitted pos- session. This left no issue open to him but the general issue. which put plaintiff to proof of his title.
 2. Same.-One of the defendants admitted, by plea, his possession, but set up claim of title in another who was jointly sued. but who was not in possession. Held, such plea was no bar to plaintifG's right of recovery.
 3. Same; persons liable.--When tho plaintiff in eJectment has title to the land he is entitled to recover the land and costs of suit against a person in possession.
 {. Same; declaimer; eosts.-Whera one of the defendants disclaim possess sion, if plaintiff does not traverse the disclaimer, he Is entitled to recover the land upon the disclaimer. but without costs; if plaintiff traverse the disclaimer, and prove his traverse, he is entitled to recover the land and costs against disclaiming defendant, under Section 1533, Code, 1S96
 4 Same; disclaimer; efHect--A dis clairner neither abates the action nor bars plaintiffs right of recovery
 Appeal from Chiffon Circuit Court. Heard before Hon. A. H. Alston.
 weakley, c. J., Haralson and Slmp- son, JJ., concur.
 Tyson and Dowdell. JJ., dissent in part.
The Montgomery advertiser., 1906-11-12
AsHE- co. V. BONITA
 ct al.

ASdE- CARSON CO, V. BONIFA1A ct al
 (Three Cases.)
 Bill to Enjoin Tresspass and Prevent Cutting of Trees Held Under
 Lease. Decided June 30, 1906.--41
 So. Rep. 816.
 1. Equity: Cross Bill; Proprfety.- A cross bill is proper and allowable | whenever 1t becomes necessary to do justice between the parties and adjust i all the equities between them growing out of and connected with the subject matter of the original bill 9. Same; New Issues.-In a suit in equity new issues relating to the sub | jeet matter of the original bill, may be brought forward by cross bill. | 3. Same; Elements.--It is not neces- sary that a cross bill should show any grounds of equity or ask equitable relied, as against the complainant in the original bill. It is sufficient if the matters therein relate 10 the subject matter of the original bill, in which case purely legal claims may be pre- sented by cross bill.
 1. Same; Affirmative Relief; Answer; Cross Bill.-Affirmative relied cannot be obtained under an answer. It must be asked by cross bill 5. Same; Recoupment; Damages.--- The bill alleged the leasing of cer- tain lands for turpentine purposes from respondent, the violation of the lease by respondents in cutting down the trees that had been boxed and were being used for turpentine purposes, paying damages for the trespass al- ready committed and an injunction to restrain further trespass. Respondents filed their cross bill alleging that they purchase the land for the timber thereon, and leased 1t to complainants for turpentine purposes and that com plainants had violated the terms of the lease byi boxing trees smaller than ten inches at the butt a large per cent of which had died and others blown down, causing loss to respond ents of a named sum. and claiming judgement therefor Held, the damages sought to be recouped were of the same class as those claimed in the original bill, and therefore relating exclusively to the subject matter of the bill.
 Same: Clean Hands.--The com plainants having violated the terms of the leese by boxing trees under ten inches at the butt, they were not enr titled to relief in equity under the contract of lease against the lessors for their alleged trespass in cutting and hauling away boxed trees for lumber.
 Appeal from Covington chancsry Court.
 Heard before Hon. W. L. Parks.
 Affirmed. opinion by Haralson, J.
 Weakley, c. J. Dowdell and Denson, JJ.. concur.
The Montgomery advertiser., 1906-11-12

fagents of defendant in charge of it's | car so negligently conducted himself while acting in the line or scope of his employment as to run said car against plaintiffs intestate and kill him, is sufficient. and not subject 10 demurrer as a conclusion of the plead CT. or as falling to state facts showing | negligence.
 1 2. Same; instructions.---A charge, in an action for injury from negligence, which asserts that whether or not the | motoranan in charge of the car was guilty of negligence depended upon whether he acted as a reasonably care full motorman would have done under !, the same circumstances, and that if | the motorman should, by reason of ex- citement or otherwise, do something or fail to do something which an ordina- l rily prudent motorman would have done or failed to do, under the cir cumstances, he would be negligent. while perhaps misleading in its ten- dencies, does not constitute reversible error.
 3. Same.---A charge in an action for
 injuries received upon the track Of a
 street railroad, asserting that even though the deceased went upon the l track so near the car that the motor man could not stop in time to avoid
 knocking him down, yet, if the mos torman, after becoming aware of his peril, could have avoided killing intes- tate, the act Of intestats in going on
 the track would not be the proximate cause Of the injury, states q correct , abstract proposition and it's giving was not reversible error.
 4. Same; injury to persons on the track; failure to stop and look and ! listen.--If a person goes on the track
 of a street railroad in near proximity to an approaching car without stop ping and looking and listenine,. and Is killed by the car, the presumption is
 that his conduct contributed to his l death
 5. Same; proximate cause.-The
 mere fact that intestate was guilty of negligence In going on the track of
 the street railroad close in front of an approaching car does not, as a matter of law, render his conduct the proxI-
 mate cause Of his being struck by the
 car; subsequent negligence of defehd-
 ants servants may have intervened. 6. Negligence; willful or wanton
 conduct.--Defendant's agents or ser wants may have been guilty of wilIful or wanton misconduct without actual intention to injure, and if they were guilty of wiilful or wanton conduct, | the contributory negligence of intes- ] tate would constitute h~ defense to same.
 1 T. Trial; instructions; ignoring evil ] dence.--CAarges which ignore portions
 of the, evidence are properly refuAd. Appeal from Birmingham City Court. Heard before Hon. Charles w. Fer
 guson.
 Affirmed. Opinion by Haralson. J. Weakley. c. J., Dowdell and Simp-
 son, JJ, concur.
The Montgomery advertiser., 1906-11-12

poration had no place of business. During the course of the trial plain~ tiff amended by striking out the in- dividual sued as party defendant. and the corporation offered to file a plea in abatement. Held. construing Sec tion 3271, 4205. and 420T. Coda 1896. and Rule of Circuit Court practice No. 13, together. that the defendant coropration was entitled to file It's plea in abatement to the turiadietion of the court.
 5. Evidence; Burden of Proof: Degree of Proof Required.-In a civfl case. facts in Issue need only be shown to the reasonable satisfaction of the jury. It is not necessary to show them to a reasonable certainty"
 Appeal from Marshall Circuit Court
 Heard before Hon. w. w. Harai- son.
 Reversed and remandsd. opinion by Anderson. ].
 weal1iey. c J. Tyson and simpson. JJG concur.
The Montgomery advertiser., 1906-11-12
n. VI. scaFleit . Suicide.

BIiOu Tonight Lovers and Lunatics. Dainty chorus, music and dances.
The Montgomery advertiser., 1906-11-12
pATTERsoN V. srMPsoN.

PATTERSON V SIMPSON. Bill to Remove Cloud from Title.--s
 (Decided May 19, 190s.S 4I SO.
 Rep. S42.)
 1. Quieting title; married woman'a deed; remedy at law.--A deed executed by @ married woman to secure tha husbands debt. being absolutely void. under Section 2529, Code, 1896, shs cans not, while out of possession, maintain a bill to remove tho deed as e cloud on her title, her remedy at law being complete and adequate. (Armstrong V. Connor, SC Ala. $50, and Lansdea V. Bone, 90 Ala. 446. explained.l
 "Rehearing denied July 6, 1906.
 Appeal from Coosa Chancery Court. Heard before Hon. R. B. Kelly.
 Reversed and rendered. Opinion by Simpson. J.
 weakiey, c. J.. Haralson and Dow dell, JJ, concur.
The Montgomery advertiser., 1906-11-12

Houston, Texas, Nov. 11.--T. w sra-lett of Lake Charles, La, promIa -- Der of the Masonic order, 7ksuicide last night at a local lArning on the gas in hia
 Ct a note stating that
 A'les had caused the act
 gnily ct Lake CharloA