davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1906-03-28

BIRMINGHAM RAILWAY AND ELEC-
 TRIC COMPANY V. MASON.
 Damages for Assault by Conductor
 Decided Nov. 29. 19o5.)-l3s So.
 1--Witnesses; Cross Examination. Scope of Inquiry.--The scope of in- quiry on cross examination Is limited only by the sound discretion of the court, with view to test the memory. skill accuracy and judgment of the witness. and the consistency of his answers with each other and with his present testimony.
 2.--Same: Impeachment: Predfcatc.- A question propounded to a witness with reference to what he said to a third person was proper. where it laid the predicate for proof of a statement which, If made by the witness, was conrradictory of his present testimony.
 3-Appeal: Harmless Error: Evi- dence-If error is committed in allow ing question to be asked as a predi- cate to contradict a witness by a third person is introduced to prove the con- tradictory statement and denies that such statement was made
 4.-Carriers; Assault and Battery by Conductor; Instructioh-It is not error that will work reversal. conceding il to be abstract and argumentatIve. tA
 give a charge instructing the jury that ever though 1t be the duty of the con ductor to keep (pfaintiff) out of that part of the car for white people, yet 1t was the duty of the conductor. not to use any more force than was neces- sary for that purpose, and if no force vas necessary, then 1t was the duty oi the conductor not to use any force to injure plaintiff.
 5.-Trial; Instructions; Singling Out Evidence.--An instruction giving un- due prominence to a witness, naming him, is properly refused.
 6.-New Trial; Papers Improperly sent to Jury Room.-The fact that the biH of exceptions reserved on a former trial was inadvertently handed to the l jury and by them taken into the jury room. where the proof allowed in ref erence to 1t on motion for new trial did not show who handed it to the jury, and there was no claim of mis- conduct with respect of 1t on the part of any one, Is not good grounds for a new trial And on such a motion the affdavits of the jurors tRat the bill
 was not read by them arc admissible 7.-Appea1; Question of Fact; Pre- ponderence of Evidence-This court on appeal, will indulge all reasonable presumptfons as to the correctness oi ! the judgment denying a motion for a new trial, and will not reverse on the ground that the preponderance of the l evidence was against the verdict of the jury.
 Appeal from Jefferson Circuit Court. | Heard before Hon. A. A. Coleman. l Affirmed. Opinion by Denson, J. Haralson, Dowdell and Simpson. U. | concur.
The Montgomery advertiser., 1906-03-28
GNGLES LOSES JOB
STREET sUPERTNTENDENT DIs-
 MISSED BY BOARD OF WORKS.
Pensacola 0iEicIaI Who Refused to Re- turn and Resume His Duties While Yellow Fever Epi-
 demic Was On.

Pensacola, Fla, March 27.--(Speciaf1 After a session of over two hours the Board of Public Works last night dismissed Charles H. GingIes as Street Superintendent of the city. He was charged with wilfuI disobedience of orders, wilful neglect of duty and in- competency. and about a dozen wit nesses were examined to prove these charges to the satisfaction of the two members who voted to discharge him.
 During the yellow fever epidemic here Gingles obtained a leave of ab- sefce until the fever was over and went out into the country. Before the expiration of his leave the board re- called him, but he refused to come, whereupon he was dismissed and an- other man placed in the position.
 Upon his return Gingles demanded his position. Since that time there has been a continual wrangIe over the po- sition and three men are now reporting daily to the city hall and giving orders as Street Superintendent.
 There was a large crowd of specta- tors to hear the trial last night, so large, in fact that it was necessary to hold the session in the court room. Gingles appeared with his counsel, w A. Blount, Jr., and a tilt between the latter and the Mayor occurred imme diately, when the counsel made some remark about the loose manner Tn which the board did business. which called for a reply from the Mayor to the effect that the Board had at pre- vionsf sfmeeting been threatened by the attF aey. but paid no attention to it. bKIf that 1t did not propose to be in- fso 1ed by anyone and would take steps a. prevent 1t.
 After the examination of witnesses the counsel for Gingles created mild sensation by terming the entire pro- ceedings cut and Tried, and saying his time was too valuable to waste on arr guments before a board composed of the instigator of frivilous charges, the prosecutor and the judge He said that he, as we'll as Gingles, knew that he was going to be discharged, but that the Council would be asked for re- dress. He termed the entire proceed ing as a farce, caused by politics, and told the members that they should not have waited until now to bring these charges, as they could have been brought months ago. The vote to dis miss Gingles was tie, but the Mayor cast the deciding vote In favor of dis charging him.
The Montgomery advertiser., 1906-03-28
Governor Approves Charter.

Jackson, Miss, March, 27.--The gov ernor today approved the charter of the Vicksburg and Gulf Railroad. ap- plication being made in person by w W. Hungerford of the directors. He stated that he desired to forward the papers to London immediately, English capitalists being behind the enterprise The capital stock is $S,675, 000p and the directors are P. M. Harding, B. w. Griffiith, W. H. Fitzhugh. w. w Hungerford. George P. Money, M c Lott and others.
The Montgomery advertiser., 1906-03-28
Pnacn fn Penaac0In.

Hon. Samuel Pasco, formerly United States Senator from Florida and later member of the Panama Canal Com mission. spent yesterday in Pensacola. Saturday, while attending the Confed- crate reunion at DeFuniak the ex- Senator was honered by being chosen as Brigadier-General of the Florida Brigade, a position held by General Witch of this city for a number of years. MT. Pasco's visit to Pensacola was purely q social one, his son resid- ing here whom he visited while in the city,.
The Montgomery advertiser., 1906-03-28
Cashier at Custom House.

Bruce s. Weeks, for many years chief customs inspector at this port, was to- day appointed by Collector of Customs John E. Stillman to the position of cashier at the custom house. The po- sition was made vacant by the death yesterday of Captain James Atkinson, who held it for the past seven years. Mir Weeks has been chief inspector for the past ten years and is thoroughly familiar with the duties of the office. The remains of Captain Atkinson, who was known throughout the State. and who held large interests in pecan and orange groves in Volusia County. have been shipped to Neweast!s, Ind, where his wife was buried about four months since. Heart trouble was the cause of death.
The Montgomery advertiser., 1906-03-28
Athletic Meet Proposed.

Much interest is being aroused here among the athletic jeans of the Pen sacoIa High School tthat 1t had been definitely decided to hold a State in ter- scholastic athletic meet at Lake City on May 5. The University of Flor ida is located there. and the grounds of that institution will be used. Teams from high schools all over the State will enter the contests, and a silver cup has been offered as a trophy, as wefl as a number of other prizes. The movement to have this meet originated
The Montgomery advertiser., 1906-03-28
SUIT OF STONE.
Asks S2O.OOO Damages from Omciais
 of GfraPd.

Asks S2O.OOO Damages from Omciais
 of G1raPd.
 Girard, March 26.-(Special )-To- morrow is the time set for the trial of the $20,000 damage suit of J. M Stone of Columbus, against certain officials of the city of Girard, in the United States Court at Montgomery.
 Stone was arrested in Girard on the charge of doing business without 1i- cense and was put in jail. He after wards gave bond and was released. He was fined by Mayor Coulter of Girard and appealed the case to the Circuit Court. He afterwards brought pro- ceedings in the United States Court against the following Girard officials, asking damages for arrest and impris- onment: Mayor E. P. Coulter. Marshal J. C. Chadwick. Policeman W. D. Perry and Street Overseer Barden.
The Montgomery advertiser., 1906-03-28
Exports of Leaf Tobacco.

EKp0Rte Of Leaf TObacc0.
 The exporting of leaf tobacco through this port, which some years ago was one of the chief items Of export. is again assuming large proportions and nearly every steamer that clears from this port for Liverpool carries as a part cargo many hogsheads of leaf to- baeco. During the past two years these shipments have been very light, all of the tobacco being sent to other places for shipment, but this year the Louisville and Nashville Is securing the bulk of the Kentucky tobacco. The British steamer August Belmont, which will load for Liverpool and Bremen will take as a portion of her cargo nearly 2,000 hoasheads, while there are Sin addition to this several thousand hogs heads stored in the warehouses await ing the arrival of vessels.
The Montgomery advertiser., 1906-03-28
ANDREWS " PETERSON EFT AL

ANDREWS V. PETERSON EFT AL.
 Bill for Cancellation and Recision of
 Contract and to Enjoin a Suit at
 Law on the Contract.- Decided
 Nov 16. 1905O-(39 So. Rep. 512D
 1.-Appeal; Equity Finding of Reg Ister; Weight.-In a chancery suit when reference is ordered to the reg reasonable compensation to pay re- Hpondent for services rendered under the contract which the bill seeks to have cancelled, and report his action together with the evidence offered. to tte next term of said court" the find Ing of the register who had the wit ncsses before him, comes to this court, on appeal, attended by the same pre- sumption of correctness that formerly waited on the finding of the chanccl- Tor on the fact; And under section 3S2G of the Code of 1896. the finding of the register, although disallowed or modi- fled by the chancellor comes to this court with the presumption in favor of the correctness of his finding; and this court will, on appeal, not consider the finding of tho chancellor as presumpt- tvely correct when it changes or modi- flies the finding of the register.
 2-Evidence; Expert Opinion, Weight-In determining the value of an auctioneer's services the register is not bound to give credit to expert op- inion evidence. though unimpeached. of the value of such services, but may on the whole case as developed before him, determine for himself what would be a reasonable compensation for such services.
 8.-Tender; Waiver; Interest.-An administrator employed an auctioneer
The Montgomery advertiser., 1906-03-28
LITTLE, EFT AL V. MARK.

Application for sale of lands to pay
 debts.-(Decided Nov. Is, 1905.)-- (39 So. Rep. 51O
 1.-Executors and Administrators; {; Sale of Lands to pay Debts; Sufficiency of Description.--An application by the administrator to sell lands of the estate to pay debts, which describes the lands by metes and bounds, and seeks to sell teh land described. lex cept 150 acres thereof deeded by A to B. on certain date, but does not de- scribe or identify the excepted land further, is insufficient under section 158, Code 1896.
 2.-P1eading; Demurrer; Specified tion of Grounds.-When a petition is good as against grounds Of demurrer assigned, although subject to demur- Ter on other grounds, it Is not error to overrule the grounds assigned.
 3.-Pleadings; Application to Sell Lands; Answer.-In a proceeding to sell land for payment of debts by the administrator the pleadinss are not formal, and an answer is sufficient which sets up that there are no such debts due as those to pay which sale Is sought.
 4.-AppeaI; Harmless Error.-It is error without injury to strike special pleas, where the matter plead may be shown under the general issue.
 5.-EXecutorS and Administrators, {, Sale of lands to pay Debt; What debt within.--Debts due the personal repre- sentative accruing prior to grant of letters of administration, not filed in the probate office, duly verified by affi- davit, within twelve months of the grant of letters, are not such debts as will support an application by the ad- minIstrator for the sale of land to pay debts.
 6-Same: Insuf1ciency of Personal Property; Proof.-The insufffciency of the personal property of an estate to pay the debts must be shown by the deposltions of dislnterested persons, filed and recorded. before an order made for the sale of lands for the pay ment of debts of the estate can be properly entered.
 7.-Witnesses; Competency; Trans actions with decedents.-One not a party to a proceedings to sell land to pay decedent's debts. and not inter ested in the claim, to pay which the sale is sought. Is not an incompetent witness. under section 1794, Code of 1898.
 Appeal from Marengo Probate Court.
 Heard before Hon A. l.. Nasty. -::
 Reversed. Opinion by Anderson, J.
 Haralson, Dowdell and Denson, JJ., concur,
The Montgomery advertiser., 1906-03-28

southern Pacific.
 Train No carries through Pullmans from New Orleans to New York and Cincinnati and Jacksonville St. Louis. making con nection at Nashville with through sleeper 10 Chicago.
 Train No. ( carries through Pullman sleepers from New Orleans to New Yori Cincinnati Chicago and through day coach and sleeper Montgomery to St. Louis with out change.
 All through trains make close connection Orleans for all points. North. South Esst and West.
 For further information pertaining to agents o, l. $ N R. R.. or write or cali on .Gp,L. c l.. WIs9kt' W99kst' nSI,,dP:A: IT, F.: A.: ?? Commerce St. ratt. Union Ticket Agent. '
The Montgomery advertiser., 1906-03-28

Electric lighted dining cars are on trSIn1 Gn 1 and between Birmingham and New or leans, Lebanon and Cincinnati also on traln 2 to between Montgomery and Nashville Service a la carte. .>
 New and handsome chair cars (seats free) operated on trains and between Cincln- natl and New Orleans High back seat coaches and chair cars are also run on all through trains between Cincinnati Louisville and New Orleans
 Train No. 1 carries through Pullmans from Chicago. Cincinnati and New York to New CT between St. Louis and Montgomery. through tourist rleepers 10 San Francisco.
 Train No 3 carries through Pullmans from Cincinnati and New York to New Orleans and St. Louis to Jacksonville: also leaving nesday and Saturday. via New Orleans and
The Montgomery advertiser., 1906-03-28
HeAd-Notes ef Me Decisions
 Of Alabama Supreme Court

HOME INSURANCE COMPANY OF
 NEW YORK V. MORROW.
 Action on Insurancs Policy.-(De-
 cided Nov. 23, 1905.) )--l39 So. Rep.
 5S7.1
 L-Insurance; Fire policy; Additional Insurance; Construction.--A phrase in an Insurance policy "$1,500 total con current insurance permitted. including this policy" limits the total amount of insurance to s1.500. and does, not allow S1.500 additional insurance
 Appeal from Marenfo Circuit Court. Heard before Hon A. II. Alston. Reversed and remanded. Opinion hy Dowdell. !. concur
The Montgomery advertiser., 1906-03-28

A GUARANTEED CURE FOR FILES.
 Itching, Blind, Bleeding. Protruding Piles Druggist are authorized to refund money daya 50 mon-Weo-H
The Montgomery advertiser., 1906-03-28

Some hens cackle so loudly over lay ing one little egg that you would think they had laid the corner stone of a college.
The Montgomery advertiser., 1906-03-28
Worth Knowing

that Allcocks are the original and
 genuine porous plasters; all others are limitations. weo-sat
The Montgomery advertiser., 1906-03-28
Accounts Solicited.

in Pensacola, and several teams, which are in good condition, will represent the High School
The Montgomery advertiser., 1906-03-28

WEISS EFT AL V. TAYLOR. EFT AIA
 Bill to Abate Nuisance.-(Decided
 Nov. 23. 1905.)--(39 So. Rep. 519.) Nuisance: Public Streets and AL leys; Jurisdiction of Chancery.-Tho permanent obstruction of public street or alley way Is public nuis- ance, and a court of chancery has 5u- risdiction to enjoin such nuisance.
 2--Same; Parties: Special Interest," The heirs at law of the original owner of q burial lot in a cemetery. which lot abuts on a public street or alley way, and in which members of the family ate buried. have such special interest as to ontitle them to maintain a bill to remove obstructions In the thoroughfare adjoining the lot.
 3-Dedication; Acts Constituting Land dedicated to a city for use as cemetery which had been mapped and platted into lots and streets and al- ieys. and the lots therein sold accord- ing to the map and plat of lots and thoroughfarss to the public. and to the use of persons purchasing such lots.
 4.-Nuisance: Public: Limitations The statutes of limitation are no de- fense to a bill to abate public nnis- ance.
 Appeal from Montgomery City Court.
 Heard before Hon. A. D. Sayra.
 Affirmed. Opinion by Dowdell, '.
 Haralson. Ander son and Dsnson. JJ- concur.
The Montgomery advertiser., 1906-03-28
T4 T~cvnylIuw 1r yvn.u

If Travelling in Sapan.
 Or any civilized country, you can procure Laxative Promo Quin1ne from any druggist. All nations use it. E W. GROVES signa- ture on box. wed
The Montgomery advertiser., 1906-03-28

to sell the property belonging to the estate under a contract, which he af- rewards foundf to be fraudulent, and senA his attorney to the auctioneer for the purpose Of making settlement, which attorney notified the auctioneer that the administrator would not abide by the contract and said to the auct- foneer that he was willing to pay a reasonable sum for such service, whereupon the auctioneer replied that he would have to sue on the contract in the United States Court or words to that effect; Held, such facts were not equivalent to a tender and refusal to accept the 5um rendered. and did not constitute a waiver of tender in order to relieve the administrator from ila- bility for interest.
 Appeal from Chambers Chancery Court.
 Heard before Hon. Richard B. Kelly.
 Reversed and Rendered. Opinion by DensonJ.
 Haralson. Dowdell and simpson. JJ.. concur
 ILLINOIS LIFE INSURANCE COM
 PANY v- JAFFE.
 Action of Common Counts.-(pecided
 January s. 19o6.)-(4O So. Rep.47)
 Common Counts; Right of Act ion: Money Had and Received.--Where the evidence without controversey showed that J. was insured in the M. l.. l. Co.,. of Ky. and had paid it all the premiums. J. could not recover of tho l. l.. Ins. Co. on a count for money ad and received.
 2.-Action: Breach of Coatract.--The I. l.. .Ins.. Co.,. having reinsured the risks of the M. L. lns.. Co.,. of Ky. but not having received any of the prem iums paid upon the policy. if liable to ipsnlred at all. was liable only for breach ot it's contract bv which 1t greed to carry such risks.
 Appeal from Bessemer City Court.
 Heard before Hon, William Jackson. Reversed and Rem alded. Opinion by Simpson. ].
 Haralson. Dow lell and Denson. U com ur.
The Montgomery advertiser., 1906-03-28
SCHEDULE OF TRAINS. IHE WESTERN RY. OF ALA. AND HE 4. & ". P. R. R. co. (Ihs Vest Point liouis.)

TRAINS FROM MONTGOMERY--Train ss carries through sleeper to New York. Dining Car on this train. No. ss carries through sleeper to New York and day coach to Washington. Dining car ser- vice this train Spartanb:.rg to Wash- ington. Trains 40 and a. east local. Trains 3s and 37 west are local.
 CONNECTIONS for COLUMBUS. MACON and SAvANNAH-Trains 3s and 40 con- nect at Opelika with c. of Ga. for Co., iumbus No. 36 from Montgomery, if on time. connects for Columbus. and if not more than 30 minutes late, for Columbus, Macon and Savannah. Through sleeper from Opelika to Savannah.
 CONNECTIONS for MERIDIAN and JACK SQN--Train 3s from Montgomery connects with Sou. Ky. at Selma for Meridian and Jackson. ". c HUNTER, Con'L Agt.
 H. AMERINE. S.F & P.A.s J. R. BILLuPs. C.P.A.. Montgomery.
The Montgomery advertiser., 1906-03-28

BIRMINGHAM RAILWAY AND ELEc- TRIc COMPANY V. MASON. Damages for Assault by Conductor Decided Nov. 29. 1905.)-(39 So. Ran EQn
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-20
MRS. STANLEY RESIGNS.
Gives Up Her Position on State Vista
ton Committee.

Governor Hoch has received and ac-
cepted the resignation of Mrs. w. E.
Stanley from membership on the wish
tation committee of the state board of
control. The law provides for the ap-
pointment of two women whose duty
it is to visit all the state institutions
and make a report Of the conditions
found to exist. The two women ap-
pointed by Governor Hoch were Mrs.
w. E. Stanley and Mrs. Cora G.. Lewis
of Kinsley.
No appropriation was made for pay
ing the travelling expenses of the two
members of this committee and conse-
quently there has not been much incen-
tive for Mrs. Stanley and Mrs. Lewis
to visit the institutions. They did make
a few trips togeth r, however, but of
late Mrs. Stanley has not participated
in the work.
Mrs. SANKEY'S resignation is not I'M
expected in view of the existing situa-
ton. Rumors of such a nature have
been in circulation for some time that
Mrs. Stanley could not continue her
work on the board without great en-
barrassment, and there was nothing
left for her to do but resign. as she
has done.
Governor Hoch has not appointed a
successor to Mrs. Stanley, and may
appoint none until the legislature au-
thorizes an appropriation to pay the
expenses of the women who hold the
positions.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-20
TIED TO TREES.
Padded Cells at Insane Hospital
Broken Open
And the Patients Taken Out for
Safety
MAIN BUILDING FELL.
1O3 Dead Bodies Removed From
the Ruins.
Injured Number 2O7 of Whom
80 May Die.
MAIN BUILDING FELL.

Oakland, Cal. April 2o.-An Assoeia-
ted Press correspondent who arrived
here last night from Santa Cruz re-
ports that up to noon Thursday AoS
bodies had been taken out Of Agnew S
state hospital near Santa Clara Ofacial
estimates place the number OF injured
insane patients at 2o7 and Of these 50
were not expected to live. The main
building Of the hospital collapsed, pin
ming many Of the patients under fallen
walls and debris. The padded cells
had to be broken open and more dan
gerous patients were tied to trees out
on the lawn in lieu Of safer place.
The doctors and nurses stuck hero
icauy to their posts and a hundred
students from Santa Cara college went
over IN a body to assist in succortng
the wounded. Brother DeMartini in
charge of the college inhrmary, did
good work IN giving first aid to the
injured as did Or. Gerlashe Of San
Jose. the county physician who later
collapsed. Doctors Sapp and Wright
OF San Jose are assisting the hospital
staR. Very little damage was done to
the buildings at Santa Clara college and
not one Of the students or priests was
inferred.