davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1906-11-30
GAINES vs. THE STATE. F.,-aar lFla~fdaA May IT. laO6 s

GAINES VSs AE1E GlA1 G. Murder. Decided May IT, lSO6.$ q
 Indictment and information; com mission Of offense; means.--An indict- rnent shanld aver, either that the means by which an oftense N as com- mitted was unknown to the grand jury. or aver the means by which such or fenss was committed, where the means is the essence of the otfense- (con. strucring setions 4sOs and 4sll, Code iSs6.)
 3. Same; demurrer.--Although the means by which a murder was com mitted wac a matter of substance. in order to take advantage of its omis- sion from the indictment, In th-s court, a demurrer should have been Inter- posed thereto In the trial court.
 a Same; defect in form---Sectlon 4s9s, Code 1896. has no application to an object 10 the sufficienecy of an in- dictment for falling to allege the means by which an offense was committed, when the omission is of a matter of substance.
 A Homicide; murder; clements of offence; means.--The means by which amurder Is committed Is not a consti. Guent element of the offense.
 6. Same; appeal: prejudice; defec- tive IndictmenG-Where the proof as to the means by which the murder was committed was without dispute. and nc evidence. of prejudice to the defendant Is shown. growing out of a failure oi the indictment to allege the means by which the murder was committed, this court, under Section 4333, Code 1896 win not reverse the cause for such &aiure in the indictment.
 6. Criminal law; appeal; extent ot reYiew.-Under Section 431S, Code 1896 this court is bound to review on ap- peal. in a criminal case, all defects ap- parent of record, although no such objection was raised in the court be- low.
 2. Same; continuance; absent wit neeses--Where 1t is not shown that ar absent witness is within the jurisdic- ton of the court, 1t is not error to refuse a continuance and the issuance of an attachment for such witness.
 8. Same; admissions to prevent con. tinuance.-Where defendant stated what he expected to prove by an ab- sent witness, which was merely cumu' Lative testimony. and the solicitor agreed to admit such a showing if put in legal written form, it was not CT. TOT to refuse a .continuance on account of the absence ofssuch witness.
 8. Same; appeal; record.-<The re. cord shows that the court excused q juror for good and sufficient reason but what that was IS not shown. He'd mt reviewable on appeal
 10. Same; verdict: correction {, Where there had been no separation of the jury. 1t was not error to senc them to their room to put the yer. diet in proper form.
 il. Grand jury; records; inspection The defendant is not entitled to ar inspection of the records. minutes anc actions of the grand jury that investi.
The Montgomery advertiser., 1906-11-30

prohibiting employees from going in between moving rars to make couplings had been rescinded or abandoned.
 ls Same: same;s conformity to evil dence In the absence of any evidence of wantonpess on the part of defen- dant's superintendent growing out of any act or omission altered In the complaint, charge predicated upon such act or omission or wantonness for recovery by plaintiff was prep erIy refused
 %. Evidence: opinion evidence: me chanical devices Ut was proper. in this action. to permit defendants superin- tendent to testify that the ears could have been coupled without plaintiff go- a railroad man to testify as to what class and kinds of cars could be coup led without going in between them. 1t being shown that they know the facts
 2i. Same; admissions: acquiescence Ut was not error to admit as evidence written statement in regard to the accident, though 1t was not signed by plaintiff where a witness who had signed it testified that 1t had been read aver to plaintiff and while deciin- ing toA sign it. plaintlff admitted 1t was correct.
 22 Witnesses; cross examination: scope.--Where witness for plaintiff had testified as to what cars could bs coupled without going in between them. defendant had the right. on the cross. to have witnesss opinion as to whether 1t was necessary to go be- tween the cars In question.
 23. Pleadings: amendment: com- plaint-Where the negligence charged in the original complaint was that a superior employe neglignntly ordered plaintifR to couple certain cars and signaled. the engineer to back up white plaintiff was between the cars:. and there was an allegation of wantonness on the part of such superior employe. also. 1t was not error to permit an amendment setting up that the superb or negligently allowed the cars to run back. as this was not mere repet. ton or substitution of the original complaint.
 24 Same.-The only limitation upon the right of amendment of the com plaint before the cause is finally sub mitted to the jury is that the form of the action must not be changed and that there must not be a subsLi- tuition of a new cause of action.
 25 Appeal; harmless error; plead ing; amendment.--If error to refuse to allow amendments winch are but repe- titions of matters set forth In the orig jury.
 . Appeal from Bessemer City Court.
 Heard before Hon. B. c. Jones
 Reversed and remanded Opinion by Anderson, J.
 weakley. c. J., Tyson and simpson. JJ., concur.
The Montgomery advertiser., 1906-11-30
Tell us how much Lard your grocer sells and we will tell you how much indigestion is in
 the neighborhood.

will surely suppIant lard for shortening and frying purposes wherever its virtues are known. Give your poor stomach a chance divorce yourself from lard, and use CottOLeNs.
 CottOlsne is made by cleanly, hygienic, sanitary process, which insures its purity. It is, moreover, healthful, because its chief ingredients ahealthful product. Itwillaid rather than retard digestion. The house wife who pays any attention to hygieuic cooking will use
 Cottolsne in place
 of lard every time.
The Montgomery advertiser., 1906-11-30
C CarV CT s

In selecting carvers you can consider two things, the handle and the blade. The blade represents the quality, the handle the taste. When you buy of us you only have the latterto consider as all Of our, blades are the highest quality. Our stock is very complete, comprising the leading American and English makes in all style handles and a: prices ranging from soc for a single knife to SIS. 50 for five piece set in case.
The Montgomery advertiser., 1906-11-30

FALKNER vs. HUDSON, EFT AL. Bill to Enforce Specific Performance.
 (Decided July. 6, 1906. 4l. So. Rep.
 S44)
 1. Specific performance; purchase price; accounting; reference.--Where. in a suit for specific performance of a Hand contract, defendant aVerred that there was a balance due from com plainant on the price, and complain cific performance, the case should be referred to the register to ascertain the amount due, If any.
 Appeal from Chambers Chancery Court.
 Heard before Hon. W. W. White. side.
 Reversed and rendered Opinion by Weakley, c. J.
 DOwdell, Anderson and Denson. JJ.. concur.
 REEVES vs. STATE FIX REL CAR
 LISLE. Mandamus. (Deolded April IS. 1908
 4l So. Rep. D27.l
 1. Mandamus; execution after return day-W here writs of possession nave become functus o.t1cio from lapse Of time. mandamus will not issue 10 com |. pei the sheriff to execute them; nor will mandanus lie to compel the axe- cution. of wTits not yet in the sheriff E hands,
 sRehearing denied June 30, 1906. Appeal from Pike Circuit Court. Heard before Hon. Fl. A. Pearce. Reversed and rendered, Opinion by Denson. J. cell, JJ., concur.
The Montgomery advertiser., 1906-11-30

UEAPD vs HEARD & LEE. ET AL Rnl to Annul Contract for Proud
 C0aoi5ed June 10, 1906 fl 90 Rep
 s27)
 Vendor and purchase; contracts. 'e9se: contract to corvey.--A contract rov'dcd that plaint,T leased from the owner of certain land tact contain a@ 20 acres md lrreed O pay S201 '9r the wear 1905, with he pr vile Q If re-entlng the property on the same terms for seven successive years, dnl that in case of such renewals, on full payment of the rent, the owner on 7orr pletion of the period would conv"y 'h he rrorer:y 10 pia ntiff in cons dera- lion of s1, and the amount, with esal interest. of taxes paid pending he on tract Held. that such contract oper- ated as a lease, and the annual pay ments as rent so long as 1t was exe- cutorY and on completion iof the pay ment8 It became sale, at plaintiffs'
The Montgomery advertiser., 1906-11-30

option. on his paying sL taxes and in- terest pending the contract
 Appeal from Tallapoosa Cnancsfs
 Heard before Hon. w. W. White-. side.
 Afirned. Opinion by Haralson, ]. WeakIey. c. J.. Dowden and benson, u. concur.
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1906-10-27
LEES SYMPHONY.

Henry William Claiming says:
ITO live content with small means;
to seek elegance rather than lux
ury, and refinement rather than
fashion; to be worthy, not respec-
table, and wealthy, not rich; to
study hard, think quietly, talk
gently, act frankly; to listen to
stars and birds, to babes and sages
with open heart; to bear all cheer
fully, do all bravely, await occa-
sions; hurry, never-in a word, TO
let the spiritual, unbidden and I'M
conscious grow up through the
common.
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1906-10-27

2. w. Yeager and J. D. Steele Left for
the San Antonio Fair With II
Yesterday.

Messrs. +. w. Yeager of this
city and j. ID. Steele Of Millican
left for the San Antonio Interna-
tionai Fair yesterday morning
with the Brazos county exhibit of
fruit, vegetable and farm products.
Mr.. Yeager also took an individual
truck crop exhibit, and Mr.. Steele
All individual farm exhibit. They
hope not only TO land the county
exhibit prize, but also individual
prizes. They loaded a car to its
full capacity, and Mr.. Yeager stat
ed to The Eagle man that in his
opinion the exhibit this year is
twenty-five per cent better than
the exhibit he took from this
county TO San Antonio last year,
which captured the first prize over
all competing county exhibits.
As an indication OF the general
interest manifested throughout the
county in the exhibit, Mr.. Yeager
says that he believes every neigh
borhood in the county is represent
ed in the list of products included,
This is indeed gratifying and
shows that the farmers OF the
county are heartily in sympathy
with the effort to bring the splen
did resources OF the county promi-
nently before the public. Such
efforts cannot be barren OF good
results even if Brazos county fails
to land the prize a second time.
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1906-10-27

Prolonged forty winks" during the
day are severely condemned by many
doctors ON the ground that they affect
ones regular sleep. Scientists have
found that In the ordinary course in
the human being there is the greatest
vitality between 10 a. m. and . =. m.
and the least between . o'clock and o
o'clock In the morning. Long sleeps
during the day interfere with this or
der of nature and sometimes affect va
rlous organs. causing headache. The
nap Of forty wlnks. but only forty,
proves refreshing 10 many because Il
is too short 10 have any Injurious con
sequences = "udon Telegraph.
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1906-10-27

In its decision in the Hardy
NAYS case, based on famous section
100. the supreme court did not go
behind the certificate OF the chair
man to the nomination Of Hardy
further than 10 say, "whether the
the chairman OF the convention
acted properly or not is not for us
10 decide" The courts decision,
while disposing Of the present con
test. does not reach what was gen
orally regarded a. the principal
point at issue, that j., has a candi-
date the legal right to withdraw
before the first ballot. The de
cision sustains the ruling OF the
chairman in effect, however and
establishes precedent the force OF
which can only be removed by a
direct counter decision on the orgi-
nal question, or a change IN the
law. The law will doubt
less receive attention at the hands
of the next Legislature on this
point as well as others.
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1906-10-27
DO NOT BE A burden.
T.. ]. jenkins Gives Some Good Advice
10 Readers Of The Eagle.

A weak stomach and It's resulting i'is are
no, natural. With proper care and the
use of Mi-o-na stomach tablets, the very
worst case of indigestion or stomach trou-
bic can be completely cured.
Il is a sin 10 deprive oneself OF enjoy
ment in life and became burden 'oothers
through indigestion.
The backaches. headaches, distress
after eating. loss of appetite, guIping up
Of undigested food and gases are not uaur-
al. Mi-o-na stomach tablets used for
few DAYS before meals will so strengthen
the digestive organs that you can eat any
thing YOU want withou, fear OF distress 1r
resulting sickness.
The directions for taking M.-o-ul cn-
phasize the difference between this remedy
and the ordinary medicine thar 3, given
Tor indigestion. Mi-o-na 3, 10 be used be-
fore meals, strengthening the digestive sy,-
tenn for the food which is 90 be eaten.
while the ordinary remedy Is taken after
meals. and simply digests the foodwi,hout
strengthening the stomach.
r. ]. jenkins has so much faith in the
merit Of Mi-o-na that he sells ~ under a
guarantee to refund the money, in ease IA
does not cure. A 50-cent.boS OF Mi-o-na
will do more real good than a dozen pack
ages Of the ordinary remedies sold for in
digestion. Then, too. il costs nothing
- - = -
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1906-10-27
GET READY

For the great international Fair al san
Ano,nio Oct. 81 TO Nov. II.
Most unique fair ever held.
Different from an Others.
Two Of Mexico, finest bands and COM
pany Of famous Rurales.
Many exclusive features.
Exclusion rates via !. & G.. y.
For particulars see !. * @. y. agents or
write d. $. Price, G.. p. & +. A., PaIes-
tine. Texas. Nov 100
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1906-10-27

The Presbyterian synod at Dal-
las made timely protest against
Sabbath desccration at the last
meeting. No argument Is needed
To establish the wisdom. much less
the righteousness OF Sabbath OBJ
servauce.
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1906-10-27

The Eagle hopes that the
democratic vote Of Brazos county
at the approaching election will be
a record breaker. The man who
fails to exercise the right OF SUI
frage does himself and the country
and injustice.
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1906-10-27

"The Clansmau" is meeting with
opposition in the north, probably
becausc it has pushed Uncle
Toms Cabin ont OF the spot light.
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1906-10-27
The AIuRNINGEAGLE
IS cAE>s- y WALLACE
BRYAN, TEXAS, OCTOBER d. 1900

The district and county attorneys
association outlines reforms in the
Texas criminal laws and proceed
ure. God speed their efforts.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-09-01
HOTEL ARRIVALS.

Hotel st. George. r. Williams
st. Paul; L. B. Young and wife, Can
ada; a. r. Prell, Spokane; o, Ros-
mus, Heppner; w. a. Finnell Walla
Walla; A. L. Laurie, Portland; r. n,
Hayden, San Francisco; George T.
Potect, Portland; Fred Mitchell city;
G. b. Atkinson, Spokane; G. S. George
San Francisco; ]. A. Petzold, Kansas
City; Charles F. Soderling. Baker
City; H. l.. jackson, New York; NJ,
Abraham, New York; s. S. Stroble,
New York; Herman A. Schmer Port
land; Mrs. Ray Rensfaw, Spokane; E.
b. Hughes, Chicago; Amelia Henry
Berkeley; G. II. Black, Lewiston;
Elizabeth Whitehead, Cincinnati; p
f. Read. Essex Junction; w. S. DISH
man and wife. Elgin: Elizabeth Hicks,
Wihcita; Alace Cole, Wichita; G. Van.
tine, Kansas City.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-09-01
Methodist Episcopal Church.

This will be the last Sunday in this
church before conference, as the pas
tor must leave Monday to attend the
session of that body. Services will be
regular as follows: Sunday school,
10 a. m, A. j. owen, superintendent
Sermon, II a. M; class meeting, 1915
p. m. In the evening a service of
special interest will be held. 1t will
be a parting service with some of our
young people who go east to school.
The Epworth league and evening
service will be united beginning at I
O'Clock and continuing during the reg
ular hour for service. Prayer meet
ing Thursday evening Laying of
cornerstone September II. Robert
Warner, pastor.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-09-01
A New Store Room.
To Rush Work.
Dynamo Installed.

Milton's new dynamo has been
successfully installed at the power
plant and it is already in operation
with the exception of a few minor
parts which the shippers neglected to
send. These have been ordered and
should be here inside Of week. The
new dynamo is a beautiful piece of
machinery, being of the latest and
most up-to-date manufacture, and
Electrician Taylor is as proud of it as
the small boy is of his first pair of
pants.-Milton Eagle.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-09-01
GENERAL. NEWS.

During the last 10 years the sihgle
product of risal fiber has yielded in
Yucatan the enormous sum of 297,-
100000 Mexican silver dollars.
Peter Hanson, a plumber, aged A,
and his daughter, aged 10, were burn
cd to death in a lodging house at
Butte Friday. They went there from
Salt Lake about 10 days ago.
According to statistics semi-official-
ly published, there now only remain
some 5000 inventories of Catholic
church property to be taken out of the
total of $4,000 which it was necessary
to make in France in virtue of the
separation law.
The Southern Pacific plans to con-
struct a 100000 terminal with ex-
tensive roundhouses and so miles of
switching tracks at Rooseville, Cal.
where the company bought the heart
of the town and moved 1t over to
make room for the enterprise.
Dispatches from Mellila, Morocco.
say that the pretender to the thron9
is concentrating 5000 troops at Mula-
va, in preparation for a decisive bat
tie with the sultan's forces. The sui
tan's forces are said to number 1000
well-armed men.
Canada paid the following bounties
for the II months of the 1906 fiscal
year Six hundred and twenty-four
thousand one hundred and ninety--one
dollars on iron ,$S3S,591 on steel.
$273,4aO on steel rods, s13,47S on
binder twine and $267,OlS on crude
o..
The flip of a coin in Nevada decid-
ed large mining transaction in
the Ely district Friday John Magnu-
sen held claims in Pine county and
for these he wanted 100000. w. J.
Dawson superintendent of the Mon
tana Butte mine, made Magnusen an
offer of $4,000. They failed to come
to an agreement when the flipping OF
the coin decided that the owner ac-
cept it.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-09-01
Presbyterian Church.

Morning worship at 1890. Sermon
tor of this pulpit. The children and
young people of the Sunday school are
to meet at the same hour. The lesson
for the day will be studied for a part
o; the service in class rooms under
direction of the regular teachers.
The young people will meet in the lee
ture room at Z p. m. Evening wor-
ship at s; sermon by the pastor. The
mid-week services will be resumed on
Thursday evening. Members and
friends of the church are reminded of
the change in evening of this service.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-09-01
BURNED HIS FATHERS HOME.
Insane "Hop Head" Gets Even at
Lewiston.


Lewiston, Idaho, Sept. 1.-Benja-
min Brown, aged 2S, son of ]. w.
Brown, the painter, was arrested
shortly before o'clock this morning
for setting fire to the residence rent
ed by his father on the upper end of
Main street. Before he was taken
into custody Brown attempted to burn
the homes of Fred Manning ard C.
II. Schroeder, the latter being the pro-
prietor Of the Lewiston Steam laun-
dry.
The fire which Brown started in
his own home not only consumed that
building, but spread to an adjoining
house, which was vacant, and de-
stroyed 1t. In the other two residences
the damage was confined to two bed
rooms and the destruction OF some
bed clothes and female wearing ap-
parel.
Brown has not been in a condition
all day to discuss his actions, or give
a lucid explanation as to why he start
ed the fires. The father, when seen
this morning, said:
"Ben is addicted to drugs. Several
days ago he sold to q secondhand
store for so cents some of my paint
brushes When demonstrated with
him, Ben did not take It as he should.
Later he said to his mother that he
would get even with US; that we would
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-09-01
NORTHWEST NEWS.


Joseph Jennings fell from a house
at Forest Grove Friday and he is very
seriously injured internally.
An effort is being made at Fort
I,eavenworth, Wash, to close up gam
bling. Several games are in opera
ton night and day.
The Bank of Sherwood, Washing
ton county, filed its Incorporation pa
pers Friday in the office of the secre-
tary of state. The capital stock is
$4,000.
Seven hundred boxes of pears are
held up in Albany, delayed in ship
ment and in danger Of perishing on
account of the lack of cars. 1t is said
that the Dunsmuir slide is responsible
for the present lack of cars.
John Robertson, a miner in the
Standard, fell $50 feet down on an
ore chute, resulting in instant death.
The accident Happened at Mace
Idaho, where he was little known. He
was unmarried and 25 years of age.
A company capitalized at $4,000
has been organized at Troy, in Latah
county, Idaho, for the manufacture
NJ ohm rcoa1 tor md craooofa pau
process, invented by Troy man, will
be used and IL 1t proves what the
inventor claims, big industry will be
built up.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-09-01

blankets, and the like were washed
with scrupulous care whenever the
opportunity presented itself. The char
acter of the clothing too, received no
little attention. Too much clothing
causes excessive perspiration, and is
therefore injurious; too little cloth 'ng
is manifestly a poor protective against
cold. During rest or while on senti-
mel duty the men were warmly clad.
When undergoing much bodily exer-
tion, they rid themselves of all that
was superfluous.
The overcoat was perhaps the Jap
anese soldiers most indispensable ar
ticle of wearing apparel, serving him
as it did not merely for keeping him
warm, but also often as a bed After
severe rain 1t was dried on reaching
quarters. Shirts and socks were
washed very frequently. In very cold
weather the feet were swathed in BAN
dages of flannel. Bootsores are
caused by stiff, unyielding shoes. For
that reason the soldiers softened their
boots, first by soaking them in wa
ter, and then by treating them with
melted lard. Wet shoes were not al
lowed to dry quickly; they were
bound in straw or cloth. and dried
out gradually. When shoes and
boots were so badly torn that they
became useless and no shoes were
available, the men were instructed to
bind their feet in dried grass or straw
and to cover this first wrapping with
cloth. Straw shoes were also worn in
such emergencies
Before n long march was underta-
ken, or before going into battle. the
soldiers were made to bathe, to ar,
range shoes and socks properly, to re-
pair broken strings and laces and to
fill their canteens with boiled water
o. tea. Cloths were disinfected at
frequent intervals by special appara-
tus. During the march excessive
drinking of water was forbidden, be-
cause thirst is thus not assuaged. Wa
ter was permitted only in quantities
necessary for the preservation of bod
ily strength. The eating of ice or
snow was likewise forbidden.
In winter barracks the men were
prone to use the Japanese charcoal
pot Inasmuch as there was much
danger of asphyxiation, the use of
these pots was sanctioned only when
proper ventilation was possible. Sum-
mer Insect pests, however, gave us
more trouble than winter ventilation.
In Korea and China flies are annoy
ingly numerous and consequently a
splendid means Of carrying infectious
diseases. We took special precautions
to dispose of an refuse and manure,
and succeeded In reducing the num-
ber OF flies considerably. In order to
guard against infection as much as
possible, the soldiers were made to
wash their hands before eating.
The drinking Of boiled water and
the eating only Of cooked food made
typhoid, dysentery and cholera almost