davidaulloa/AmericanStories huggingface dataset:
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1906-12-04

picture. taken at night At comord'-
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1906-12-04

WO~Au stot HADVTc respect. Inc tfoC
course IL indicated by the terms OF the
program, which. proposes to request
the second Hague conference. where
Doth creditors and debtors will be as
sembled, to consider the subject"
Central Amsrica.
Last Junt trouble which had existed
for some time between the republics
Of Salvador. Guatemala, and Honduras
eliminated In war-a war which
threatened to be ruinous 10 the coun-
tries involved and very destructive to
the commercial interests of Americans,
Mexicans, and other foreigners who
are taking an important part in the
development of these countries. the
thoroly good understanding which ex-
isis between ri1e United States and
Mexico enabled this government and
that of Mexico to unite in effective
mediation between the warning repub-
les: which mediation resulted, not
without long-continued and patient
effort. In bringing about a meeting of
the representatives OF the hostile pow
srs on, board United States warship
as neutral territory. and peace was.
there concluded; peace which re-
suited in the saving OF thousands Of
ives and In the preevnfioms0f an M
:alculable amount OF misery and the
destruction OF property and OF the
means OF livelihood. The Rio confer.
snce past the following resolution In
'eference to this action:
Tibet TO ssfrf r.tr~---A.nrrl 49,
'rican conference shall ADDRESS to the
The Montgomery advertiser., 1906-11-04

much color on the cards as possible.
 The royal robes are of unusual mag
 nificence. The clubs are big bludgeons in green and red, and the knave of clubs. gayly caparisoned on pranc- ing horse, reminds you instantly Of Jack the Giant Killer. The pades ara ugly little daggers. and for hearts and diamonds there are disks and dice cups The cards in some of the Span ish packs are very thin and have capital spring
 The Madeira cards come from 1is- bon. The figures are more convention al In design than on the Spanish. The are cards are adorned with t!plcai for- tugese scenes
 "A peculiarity of the pack bought in Constantinople is that the ace cards in addition to the single spade, dia mond. club or heart in the centre or each. have diminutive aces at the up per left hand and lower right mana corners. . cidcdIy gloomy personages each one or the face cards, by the way, carries in | smau print the name and address oi | the maker. Thsre are tiny packs an | inch and a quarter by an men ano three-auarters in size. which can pc
 bought on the streets or Nap,es to.
 A soldo These resemble tn" spanish
 card to some extent. although the | royalties are more dienlted. | ..Cairo Is n great card emporium ana
 Mousky Street offers rich returns 10 | the card hunter. Fortune teliihg cafos | must be in demand there to judge from the samples I saw in the col lection. The Cairo playing cards come mostly from Germany they are nrI- liant in their coloring. The ace" car | rv scenes from lands both west ana East. = "The gem of all the packs comes rom Switzerland. The cards are sfnali' | o-s ] by 2l-2 inches In size, and the pack 1 is the cidelweiss. The kings. queens 1 and lacks are delightful studies in swiss costume. and the purchaser cer-
 tainly gets his moneys worth. Ior oarh face card has two half figures quite unlike. On tho ars+ are swiss scenes and objects of interest. also | two to a card. the objects including l the castle of Chiffon. tn Matterhorr. i inc bridge at I.ucerne and the Lion Of I,ucerue.
The Montgomery advertiser., 1906-11-04
The Curse of Pockets |.

New YOrk sun. -.
 A tailor who had received an order
 for A suit of clothes was asked by the
 customers wife for an interview.
 "Iwant to ask you as special favor.
 che said. mo to put any pockets in my husbands clothes
 ..Whv not?' asked the astonished tailor. @ "Because they are responsible for h!s looking so shabby 80 much or the time" sine explained. He wears his clothes for weeks without pressing be- cause he says IL ia too much trouble to change tho things .n his pockets O another suit. He says that half the men who go around In seedv clothes do so for the same reason. lf that is so, just leave out the pockets and they will have no excuse for shaoolness. That is a new point of view, said the tailor, "' Will 800 abodt II. But when the suit ctnle home 1t had the usual number of pockets.
The Montgomery advertiser., 1906-11-04
CARDS OF THE NATIONS.
Collections of Souvenirs Brought Back
 from . Tour of Europe.

"One of the most interesting collec- tions of foreign loot that I've seen this year. said q man ordinarily too busy to make the trip over seas himself. 1s an assortment of playing cards rom various parts of the world.
 Tn every country the owner of th" collection visited. andhe went to good many, he picked up cards of local manufacture. and, so. representative of the nation.
 Tho Russian cards arc perhaps th" most elaborate. The faces of tho kings and queens are different in each suit, indicating the racial elements that go to compose the Empire "Du the Greek cards. classical heroes and heroinrs are represented. Nestor. for example. is the king of hearts. and Orestcs tn" knavc: Asam"mmon is the king of cluhs, Hercules the jack of spades, and Minos and Dana" the king and queen of diamonds. The Greek pack is rather a cheap one and scarce ly does honor to the celebrities DOT traycd.
 "Cndiz Is a centre for card manu- featuring. Tn" idea of the Spa h card nlaI kcr s"cms to be to get aS
The Montgomery advertiser., 1906-11-04
McCLESKY AND WHITMAN v HOW
 ELI. COTTON co

NLESh1 AND " MAN V. HUN
 ELL COTTON co.
 Action for Breach of Contract of Sale
 Decided June 7. 1906'-42 So. Rep.
 67)
 l. Sales; contract: breach; action complaint. The complainant having all legged defendants refusal to deliver the cotton contracted for. and plaintiffs readiness and willingness to receive and pay for same, ex vi termni, these allegations import demand for de- livery and a refusal, and the complaint was not subject to demurrer for fail ing to allege a demand and refusal
 ?. Same: offer and acceptance--An offer of sale of personal property. when made is deemed to continue in force until refused or accepted. unless with drawn before acceptance. and If this is relied on. it is matter to be spec tally set up as a defense and the com al before acceptance.
 3. Same; acctpeance by telegram Defendant (appellant) directed plain tins buyer and agent to offer plaintiff certain amount of cotton at certain price. which was done, and plaintiff (appellee) filed with the telegraph com pany an acceptance immediately and of the offer: Held. to constitute suffi cient acceptance to form contract of sale.
 f. Principal and agent: offer and acceptance-Appellan requested ap- pellee's agent and buyer to communi- cate to appellees an offer of certain cotton at a specified price, Held, this constituted appellee's buyer appellants agent to make the offer and receive accordance, so that an acceptance of the offer made known to the agent was binding on the appellants without their having actual notice thereof. D. Pleading; demurrer to complaint Tt is proper to overrule demurrer addressed to a part of count; de- murer must go to the whole count to be available.
 6. Appeal: record exceptions: re- yiew-Motion to strike and the court s action thereon must be shown by the bill of exceptions. as must the cxcep- ton thereto, and not on the record proper. before this court will review such action of the trial court.
 T. Trial; objection to evidence: suf- Hciency-Where the iuterrogatories are not numbered in the record. and ob- faction Is made to the answer Of wit ness to the ninth and tenth direct in- terrogatory. to each separately and to each separate statement contained In the answers, because the same ara H. legal, irrelevant and immaterial. this court cannot know to what the excep- ton goes, and moreover the objection able answers. on parts thereof, should have been specifically pointed out by the objection.
 g. Evidence; best eVidence--lt is permissible to permit a witness to state the meaning of the cypher words used in the telegram. if he knew them. without producing the cypher code or key.
 g. sales: breach of contract; damages If there was no cotton market for the purchase of cotton similar to that offered and accepted. at the place of the offer and acceptance. the damages for :ha breach of the contract of sale was the difference in the price at which the cotton was offered and accepted and
The Montgomery advertiser., 1906-11-04
STEVENSON va. THE STAB. Nlrtler (prridod June l4th. l00e :

STEVENSON va. THE STAB.
 Murder Tcrid"d June l4th. loo6.-.-
 1T So. Rep. 526I | Indictments: Motion to QuaSh.
 Organization of Grand Jury--The fact that twenty four instead of twenty
 one men were drawn as ConstitutinS the Graud Jury vcrirc. WIS n" grounds for uuashinS m indl"tm"nt found hy it. it appearing that only nineteen appeared and wer" organized as the Grand Jury--tured hH Section 526? Code 1896, if error. 2. Homicide; Instructions, Pro vince of Court and 1ury.-lt Is the province of the jury to say whether the expressions and demonstrations ol the deceased were such as to justify the belief on part of defendant that he was ill imminent peril. and charg' of the court that if such and such things were true if would he murder
 was invasive of tho province of tn, jury and erroneous. Appeal from Monroe Circuit Court Heard before Hon. c. J. Torrcy. Spe- cial Judge.
 Reversed and Remandcd Opinion by Simpson, J.
 Weakley. C. j.. Tyson and Anderson JJ.. concur.
The Montgomery advertiser., 1906-11-04
NEW V. YOUNG.

NEW V. YOUNG.
 Ejectment-(Decide June F, l906--41
 So. Rep. 523)
 1. Evidence; subsequent acts of de- clara tions--In prior suit for the can
 cellation of certain deeds witness filed
 an answer admitting the allegations of
 the bill, which answer was offered In
 evidence, in this suit: aud it was not
 competent for witness to state that she
 afterwards filed an amended answer
 denying tho allegations of the bill,
 such subsequent acts or declarations
 not being available to fortify her tes-
 timony. and offering no explanation of
 her previous admissions.
 2 Witnesses: Impeachment = The proper predicate having been laid. and
 witness denied knowledge of the con tents or an affidavit made by her certi- flying that certain sums of money had been loaned her at various times. the affidayit was admissible for impeach- ment and as showing her knowledge of it's contents. 3 Evidence; pleadings The bill was admissible to show what admis- sions were made by au answer admit ting its averments. 1t being shown that witness signed the answer A. Witnesses: contradiction-Wher if was shown that d witness had signed an affidavit which was contradictory of his then testimony, it was properly admitted in evidence although witness testified that improper means were used to procure his signature thereto. 6. Ejectment; mprovemcnts-1rre- spective of the statutory suggestion Of three years adverse possession. a de- fendant in ejectnent is entitled to prove the value of Improvements plac- ed on the property by him in good faith in reduction or extinguishment of rental damages, though he may not have a judgment over in the absence of such suggestion.
 6. Fraudulent conveyances; rights of creditors-Where the wife of plain , tiff conveyed to her brother -in-law and he to plaintiff, the land in controversy, for the purpose of defrauding defend ant, who had a mortgage on the land, and was a creditor of plaintiffs wife, defendant was entitled to break down plaintiffs title by proof Of such fraud, although plaintiff had no knowledge of defendants mortgage.
 Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Affirmed-Opinion by Anderson, J. Tyson. Simpson and Denson. JJ.. con- cur
The Montgomery advertiser., 1906-11-04
JERELES & cOIIAS CONF. CO,
 BROWN


 Action to Recover Half Value CT fartl'
 tiou Wall-tDecided June "th
 1906. fl So. Rep. 626).
 l. Party walls: construction or con tract.-Where adjoining owners con tracted that in consideration Of tht building of a wall by one partly upor both lots, the other. when he buht upon his lot, would pay to the one. one half the cost of the wall such other when he built upon his lot. was lianit to the one for half the cost or 'ht walli. whether he joined to it or not 9. Same: covenants running wl'' the land.-Upon a contract to pay one. half the cost of the wall to he nuil' by one of adjoining lot owners m which 1t is expressly provided that tnG covenant to make such payment shai' run with the land and be binding on the present and future owners ol ,h' land. such covenant does run with 'h' land and binds successive owners.
 Appeal from Birmingham City court Heard before Hon. Charles w. fe' guson. o;,;o hy Simpson. J. ~ IT Tyson. Anderson and benson 11' concur.
The Montgomery advertiser., 1906-11-04
RAY ys. THE STATE.
Assault with Intent to Murder. (D
 cided June 9th, 1906.-41 So. R,

cided June 9th, 1906.--41 So Rep.
 519.)
 l. Homicide: Assault with Intent
 Proof of Intent.--Intent in assault
 with intent to murder. like in murder.
 need not be specifically proven, but character of the assault. the weapon used. and other attendant circumstan- ccs
 ?. Same. Instructions.-A charge asserting that If accused shot B. with
 intent to kill him, and such shooting was done in a sudden recounter or af- fray. by the useof d deadly weapon concealed before the commencement of the fight, and B. had no deadly weap- on drawn, and accused was the assal- ant. the jury should find him guilty, is erroneous. an intent to murder and not to kill is necessary. and 1t is immaterial whether accused weapon
 was concealed or not 3. Same: Harmless Error: Admis- sion of Evidence.---In prosecution for assault with intent to murder 1t is immaterial whether or not accused
 had on coat and that witness could not see his weapon until 1t was drawn. yet such testimony was part of the
 res gestae and its admission was harmless error.
 4. C..minal Law: Evidence: Con- versation.-Where the state introduc- ed parts of conversations, immaterial as evidence. the defendant was entitled
 to bring out all of the conver ations.
 or give his version of 1t. and it was error to refuse to permit him to do so. :.-. Appeal from Mobile City Court. Heard before Hon. c I. Srmmes. Reversed and Rom.rnicd. opinion | by Anderson. J. Tyson, simpson and ncnson, JJ. concur 's..:. l lIaitlson and Dowd,.Il dis sent.
The Montgomery advertiser., 1906-11-04
Isles of shOnia.

Tho Isles al shoals are ! rluster or eight barren. rocky islands In the At lantic Ocean. off the coast of New Hampshiro, ten ullcs southeast of Appledore. containing 4oo acres. and star. l5O acres. On these arc iarE" hoels DurlrS tho sutum"r steamer runs daily to Portsmouth. On White Island Is q revolving light eighty se1'- cn feet above the sea The islands ara inhabited the year round by few hsn- ermen.
The Montgomery advertiser., 1906-11-04

for signing a bill of exceptions con- tained in the bill of exceptions alone cannot supply the omission of such or ders from the record proper.
 Appeal from Butler Circuit Court.
 Heard before Hon. J. c. Richardson.
 Affirmed. Opinion by simpson. J. wcakley, C. J.. Tyson and Anderson, JJ., concur.
The Montgomery advertiser., 1906-11-04
NICHOLS ct al V. RAGSDALE. ,..,a, to petax Costs-tDccided Jun

7th, 19o6.-41 So. Rep. 6SS).
 Appeal; findings of trial court; con clusiveness. Where cause IS trieo by the judge of the Circuit Court. with. ont A fury, and no special findings or fact are requested or made. the Juos mcnt of the court Is as effective as the verdict of the jury. and under sectioh osto coda 1906 cannot be reviewed on appeal. ct
 Appeal from Jackson Circuit Court.
 Heard before Hon. M. w. Haralson.
 Afirmed. Opinion by Tyson. J.
 Weakley. c. J.. Simpson and Ander- son, JJ.. concur.
The Montgomery advertiser., 1906-11-04

JACOBS vs THE STATE, Assault with Intent t" Murder. (pe-
 cided May 19, 1906. F So Rep
 Criminal law, venue; application for change; suflicicncy.-An applica- finn. for change of venue alleging facts showing that accused could not ha,c. A fair trial in the city and the beat in which the city is situated, but merely alleging. without stating any
 facts. that the feeling was such that accused could not get fair trial in th. county, is dcmurrabie
 Grand jury; adjourrments.-uu- u-
 dar local Acts 1S9S-9 p. 757 and Acts Isot-95 r. l220 the grand jury of the Talladcga City Court are properly or
 aanized in March ana Septenlosr anu anu may sit recess or adjourn from time tn time unless discharged by the court or hv oneration of law: the grand jury orennizrd in March adjourned until
 Mav o3 unless sooner called together.
 and If reconvcned in April and re- turned the indictment Tn thls case hold. it's acts were not invalid, as i, had n right to sit and deliberate un- iii June under the acts, unless dis charged by the court
 3. Same; appointment of foreman discharge; appointment of substitute Section 5022. Code leSo' expressly proyLdes that if for any reason the foreman of the grand jury Is dis charged or excused, the court shall appoint another in his place.
 Same: deficiency in number; sup plying deficiency.-Section o023. Code 1896. provides that if the requisite number do not attend. or if they at tend and are impanelled, and for any
 reason, their number is reduced below
 the. legal requisite. how the court shall | complete the panel: and the court in this instance, complied with the re- quirements of the section mentioned. j. Same-lt Is sufficient if the or ganization of the grand jury be in corporated in the minutes at any time | before the adjournment of the court ] Section o3, Acts 1S34-e5, p 1920. re lates to judgments and decgees. but
The Montgomery advertiser., 1906-11-04
RA1NEY V. RIDGswAY. ct al. Contest of Will.-(Decided June 6tn

Contest of Will.-(Declueu 'u"e '
 19Os.-41 So. Rep. 632).
 1. Wills: contest: parties interested
 Coptestant was the widow of P. :: Ridgeway. the only son and heir "i dccedent; P. A. Ridgeway left no cnli- d,or hrotbers sisters or other heirs and under his will his wife. contestant here. was his sole legatee and devisee Held: She was entitled as party III terested" to contest the probate or the will of testatrix, Martha Ridgeway. 2 same; separate contest; fling l The administrator of only son and hell of decedent could not file a separate contest of the alleged will whilc one contest was in progress of trial; nc can at his election. join in the contest filed. prohats Court. MY e.rotb. CT, Special Judge.
 Affirmed. Opinion by simpson: J.
 Weakley. C. J.. Tyson and Anderson IT. concur.
The Montgomery advertiser., 1906-11-04
HAYS vs. BOUCHELL.

Bill to Establish Confused or Obltter-
 ated Boundary. CDecided May 31st,
 1S06.-41 So. Rep. 51s.)
 1. Boundaries: Establishment: Equitable Jurisdiction.-The jurisdic- ton of chancery to establish disputed boundaries not being original or in dependent, a court of chancery will not undertake to establish obscured or confused boundaries in the absence of some equity superlnduced by the acts of the parties or those through whom they claim.
 ?. Bill; Allegation; Suficiency.--A bill alleging that complainant pur chased of respondent, who was the owner of Sections 20 and 21, section 20, and received deed to all of Sec tion 20. named township and range; that while said two sections belonged to respondent. or those under whom she aclaimed, the boundary line between the sections was destroyed; that such destruction was caused by the negli- gence of respondent, or those under whom she claimed; that the boundary was obliterated at the time of the pur- chase. which fact was unknown to complainant: that respondent contin- ues 70 own Section 21: that respon- dent. at time of the sale, did not point out the boundary to complain ant, and refuses to do so although re- quested: that complainant has at- tempted to have the boundary marked by a surveyor. but has been prevent ed by threats of violence from respon- dent, makes case for equitable in reference and establishment of boun- dary respondents acts being fraud upon complainant
 Appeal from Greene Chancery Court Heard before Hon. Thomas H. Smith,
 Affirmed. Opinion by Dowdell, J.
 Weakley, C. J., Haralson and Den son, JJ., concur.
The Montgomery advertiser., 1906-11-04

has no application to general orders.
 G.. Jury; summoning jury; special
 venfre.-1f. for any reason, the jury commissioners have failed. or neglect ed to summon petit jurors for any
 week or term of the court, the court
 may. under Section 1928. Code 1896.
 direct the sheriff to summon such
 number of persons the court may
 deem proper to serve as such petit
 jurors.
 '. Homicide; appeal; harmless er-
 TOT; evfdence.-Evidence of whether
 the prosecutor stopped before going
 to certain house. after leaving town
 to go therc, is harmless error. and
 not sufficient to work reversal. and
 if error is cured by Section 1888 of
 Code 1896.
 8. Same: assault with intent to
 murder. evidence. admissibility.-lt
 is competent for the state to show
 the condition in which the prosecutor
 was found shortly after the alleged
 assault. by witness not shown to
 be an expert
 9. Criminal law: evidence: compe-
 tency: uncommunicated motivcs.-Thc assault having occurred at certain
 house belonging to A woman, it was not error to sustain an objection to question to the woman as to why she opened the door, as if called for an uncommuniCated motive of wit ness
 10. Same: appeal; harmless error: examination of witness-Certain ques- tions were asked witness. on cross. all of which sought to lay a predicate to impeach witness. and all of which were answered in the negative: no effort made subsequently, to con- tradict witness. Held. if it was error to permit the questions, it was with out injury.
 II. Same: instructions; weight of evidence.-A charge asserting that no man had a right to assault prosecutor under the facts developed in this case. is in effect a charge on the weight
 of the evidence and violative of Sec
 tion 3325, Code 1896. 12. Homicide; self defense.-The
 prosecutor being at the house of a certain woman by prearrangement with her. was afforded the protection given the castle. and was under no obligation to retreat. and had the right to rcpel an attack or resist a trespass.
 13. Samc.--Tne evidence discloses. in this case, that the defendant was
 the aggressor. and the doctrine of self defense has no appncation, unless it drew from the difficulty in good faith. Appeal from Talladega City Court. Heard before Hon. G. k. Miller. Reversed and remanded Opinion by Anderson, J.
 Tyson, Simpson and Denson. JJ.. concur.
The Montgomery advertiser., 1906-11-04
MITCHELL vs. THE STATE

rimc. Decided Juno ith, l9o6 .-
 Al So. Rep 51sD
 1. Exceptions. Bill of; Time for AL lowance: Extension of Time: Power Of Court.-The time having expired for the signing of bill of exceptions fix cd by an order of tho court. the court has no power tn enter another nrd"' extending the time for signing.
 ?, Same: Rocitals in Bill. Effect = The ksc1tals e1 orders extending time