davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1906-11-29
.EY. ET AL

THOMAS vS. T1GAtAE1s F. $~A% Bill to Establish Transfer ana EoFs.
 close Mortgage.--(D (Decfded May ''
 1906. Al So. Rep. s54.
 I. Witnesses: transactions with de- ceased person.-Under Section lTsi code 1896, the donee Is incompetent 70 testify as to what occurred between bimself ana the donor. who had diec concerning the making of the gifI
 2. Gifts; burden of proof,-To es- tablish a gift alleged to have peeu made by q deceased person. the puT. ,g. den ls on the person claiming the E4t = shov bv proof. clear and convince try that the subject matter had passed to him by valid and effective Al same; gift inter vivos, luantum oe nroof The same auautum of proo' is required to support gift lnter vivos when not asserted until aftes the death of the donor. as IS 'equirec In q gift causa mortis.
 same; delivery. ITO constitute completed gift of personal propertY' the article must have been delivered to the donee
 while the declarations of the deceased donor are admissible as evidence. tnev are not sufiicient. of themselves 'o establish a completed gift.
 G Same --I0e SNinNHNt- LII FNNA@ w examined and held insufficient to es- tabIish gift.
 Pehearine denied June 30, 1908.
 Anneal from Tuscaloosa Chaneery Heard before rIon. A. IT. Benners.
 Afirmed Opinion by Simpson, J.
 weakley. c J.. Tyson and Ander- son, JJ.. concur.
 o1osrryvv AT,rrs vs I,uRrrs Action 10 Recover Commissions as
 Broker. Decided April 10, lsOS.
 Al So. Rep. s5S.)
 Brokers: right to commission nerformance of contract.--tu Trder 70 entitie a broker to a commission TOT making a sale, he must act strictlV within the stipulations and conoltion os tba contract of agency. and accord ing 10 the authority conferred upon hin, bv the principal.
 Q Same. Evidence in this case ex- anined and held to show the Iallure of the broker to comply with the terms of his agency. A, Estoppel; in pals; elements. essential element to an estoppel m .,oIs is . Ixnovledge of the fact on which the estoppel Is sought to pc nredicated in the party to be estoppeo; Same; presumption.--An appeal in naIs is never presumed. It must ne 
 Rehearing denied June soth. 1906.
 Anneal from Birmingham City Sourb Heard before Hon. Charles w. Fer susSn. Affirmed. opinion by Tyson, J.
 Weakley, c. J., simpson and Ander- son, JJ., concur.
 JAMES KNIGHT V, THE STATE. Embezzlement 4.
 I. Criminal law; record; presence oi aocused-Where it appears from tns record that defendant was present IT nerson and by counsel at the commence nent of the trial and it also appears that he was present at the time oi nronouncing sentence, the record sui ficiently shows his presence during th' trial. r,ent arraignment, in a prosecution foi embezzlement, that the solicitor reat the indictment to the jury in the pres ence of the defendant and he interposet thereto his plea of not guilty.
 3. Indictment and information; vari ance-The indictment charged embez clement of the funds of H. c. Kilgore 1rha evidence showed that the funds be Ionaed to Howell Greene Kilgore. tha Kilgore signed checks and transacted business as IT. c. K. and that his int
The Montgomery advertiser., 1906-11-29
TriaI Of Rey. Walker.

Judge N. R. Feagin. of the police court today heard the testimony in the cases against Rev. T. W walker, pastor of the Shiloh Baptist chu oh. colored. charged with refusing to pay his car fare, disorderly conduct and resisting an, officer. The arguments will be heard Friday. The court room was packed with white and colored people, the case being one of consid- erable interest. The pastor claims to have paid his fare and not to have been disorderly or to nave resisted an officer. The white witnesses swore one way whie the negroes testified in an opposite direction. Much feeling has been aroused in the case.
The Montgomery advertiser., 1906-11-29
Mira. Davis Gets Divorce

Fl Paso, Tex, Nov. 2S--A divorce was granted today to Mrs. Britton Davis. Her husband was a son of ex-Governor
The Montgomery advertiser., 1906-11-29
MARBLE.

Curb0xg-Clnpp Marble Cos Marble and Granite Monuments 209-211 Dexter. Phone 1Ao.
The Montgomery advertiser., 1906-11-29
New Morning Paper.

Rumors prevail that a new morning daily will make its appearance in Birmingham in the next few weeks,
 n he known as The Daily Americar'' It is understood that the Hearst syndicate will furnish the tel eRraphic service.
 It is rumored that Governor Jellxs will be interested in the paper, though this. announcement lacks con flrmation at this point. Local news paper men are said to have been ap- preached on the subject of joining the stan. the heads of departments having been named.
The Montgomery advertiser., 1906-11-29

3. Indictment; homicide; designa- ton of deceased-The indictment was not dernurrable for that 1t designated ent counts.
 g. Homicide: evidence; dying decla- rations; predicate.--On .. the second morning after the deceased was ir- jured, she said she could not live, that she had been murdered. Held: Suf- fcient predicate upon which to admit her statements as dying declarations.
 Appeal from Walker Circuit Court.
 Heard before Hon. A. H. Alston.
 Reversed and remanded. Opinion by Anderson, ].
 weakley.. c. j., Tyson and simpson, u, concur.
The Montgomery advertiser., 1906-11-29
lc SCHOOL FURNITURE
 CO, ys. CITY OF GREENVILLE. Assumpsit. (Decided January 2oth,

CLEVELAND SCHOOL FURNITURE co, vs. CITY OF GREENVILLE. Assumpsit. (Decided January 2othp
 1906"--41 So. Rep. S52.)
 1. Municipal corporations; powers.- A municipal corporation is authorized to exercise only such powers as are granted in express words, those neces- sarily or fairly implied from or incl dent to powers expressly granted, or those indispensable, as distinguished from convenient, to the declared ob- jeets and purposes of the corpora tion.
 2 Same: school furnishings; liablii- tv of city; notes.--In the absence of authority granted by the charter of the city in respect to its public schools, the act of February 25th, 1887 (Acts 1SS6- ST, D. 62s) and the act of February 18th, 1887, (Acts 1SS6-s7, ?. 1O09) con- ferred no authority upon the City of Greenville to pledge its general reve- nue for the payment of furniture pur- chased to fit up school. and note executed by the city for such purpose was ultra wires and unenforeeable. 3. Same: estoppel The city having no power to bind its general revenue for the payment of furniture purchas- ed for school purpose, the retention and use of the furniture by the school jects and purposes of the corporations does not estop the city from denying it's liability on the note executed by 1t for said schiol furniture. (Tyson, Dowdell and Simpson, u, dissent.)
 +Rehearing denied June 30th, 1906.
 Appeal from Butler Circuit Court.
 Heard before Hon. J. c. Riohardson.
 Affirmed Opinion by Anderson, J. Weakiey, c. J., and Haralson and Denson, JJ, concur.
 Tyson, Dowdell and Simpson u, dis sent
The Montgomery advertiser., 1906-11-29

KELLY vs. LOUISVILLE & NASH
 WILLIE R. R., co. Action for Damages for Injury to Elm
 pIoye (Decided July 9th, 1sOe.--
 4I So. Rep S70.)
 l. Witness: impeachment; collateral and irrelevant matters.--A witness may not be cross examined as 10 any facJ collateral and irrelevant t2 the issue merely for the purpose of contradictsng the witness, nor can his answer to a question collateral and irrelevant to the issue be conclusive against him. (Evi- dence objected to in this case examin- ed and held to be within above rule,) 2. Trial; injunctions misleadin g. The giving of an instruction otherwise good, but merely misleading, will not serve to reserve a cause.
 Appeal from Jefferson Circuit Court Heard before Hon. A. A Coleman.
 Reversed and Remanded. Opinion by Tyson, J.
 weakley, c. J., and Simpson and An derson, JJ., concur.
The Montgomery advertiser., 1906-11-29
DRUGGISTS.
ID. n. annnn

Pure Virgin Olive Oil. Best in the world for salads. 100 Dexter Ave. Phone sS.
The Montgomery advertiser., 1906-11-29
PLUMBERS.

E. Jno. McCOnkeE. Plumbing, Gas and Steam Fitting. My work guaranteed. Phone 7S4 12 s. Perry St.
The Montgomery advertiser., 1906-11-29
MoNEY-To.LoAN.

KIein's Montgomery Loan co.
 Money. to loan on Watches, Dfa- monds. Jewelry, Guns and Pistols. Business strictly confidential
The Paducah sun., 1906-05-11
CORONER'S VERDICT
IN THE CASE OF JENNA INCHES
NEY EXONERATFS WALLACE
A. IVERSON.
Result of Analysis of the Woman's
Stomach by Expert Heard
Before Jury.

The jury in the case Of Jemina Nc
Chesney, the cOlored woman who
died very suddenly about two months
ago from a supposed dose of NOR
phine, claimed to have been sold her
for quinine by Iverson & Wallace. met
last night at the office OF Justice
Charles Emery to receive the result
OF the analysis of the stomach by an
expert of Louisville. His report
showed no morphine in the stomach
completely vindlcating the drug
gists, and the jury brought in a YER.
dict that death was caused by un-
known causes.
The verdict is gratifying to the
Messrs. Iverson a. Wallace and their
friends.
The jury was as follows: II. ID.
Phillips. c. j. Holcomb. ]. b. Flach,
j. p. Mullin, j. b. Gilbert and J. T.
Whitus.
The Paducah sun., 1906-05-11

The city solicitor has been ordered
to go ahead with the prosecution Of
the Cumberland telephone litigation
and will immed lately make motion
TO take up the trial of the temporary
Injunction issued by Federal Judge
Walter Evans against the city. to re-
strain 1t from interfering with the
operation of the telephone company
until the litigation can be tried and
settled ON It's merits.
The city solicitor has recommended
that the matter be compromised, but
the boards did not like the idea of
backing down after, making such a
hard fight and surrendering with the
restraining order against the city. II
is the concensus of opinion in the
boards that It be better to first Sc
cure a dissolution of the injunction
and then effect a compromise. The
board OF aldermen seemed to disfavor
compromising at all. but the council
as a body seems to be favorable for
a settlement out of court.
"The way | look at the matter Is
this" a well known legislator stated
''The telephone litigation was insti-
tuted by a democratic administration
headed by the mayor. They made a
bad job of it and we inherited the
white elephant. As city officials we
are supposed to act for the best in
The Paducah sun., 1906-05-11
BRYAN WONT RUN
AGAIN, UNLESS


st. Louis. May 11.-That William
Jennings Bryan never gets SO far
from home that the buzz of the presi-
dental bee fails to reach his ears.
is indicated by letter from Mr. Bry-
an, mailed at Cairo. Egypt. received
by Moses Wetmore. of st. Louis. NJ.
Bryun writes that he does not want
another nomination. "unlcss circum-
stances seem TO demand It,"
In his letter which. after the fash
Ion OF Eastern potentates, is signed
with a single name. Mr.. Bryan says:
Cairo. Egypt. April 16, 1906
My Dear Col Wetmore: My brother
has forwarded me your letter am
always glad to hear from you even
II your fattering reports do make me
blush.
~ am satisfied that the things
have been fighting for are growing
but who will be the most available IN
1908 is question that cannot be
answered now.
81 shall not do anything to secure
another nomination. and do not wan
II unless circumstances seem to de
mand it-time alone can determine
that.
81 appreciate your deep interest In
the matter. and shall want to see you
as soon as I get home. BRYAN"
The Paducah sun., 1906-05-11
THE RAILROAD
HOSPITAL BOARD
Directors Of |. G. Hospital AssO-
citation in Session.
Oniciais OF Tennessee, Nashville and
Louisville Divisions Here-Mr.
Egan III In Institution.
AND SOME HOSPITAL NOTES

This afternoon the regular spring
quarterly meeting of the Illinois
Central Railroad Hospital Associa-
tion is being held, and the board in
It's entirety is present.
Supt. A. II. Egan. of the Louis
willie division. arrived last night and
was about today for a short time. but
is here indefinitely having entered
the hospital for treatment for mala-
rial fever. lie has been i'll for several
days
The other officials arrived this
morning and the board is as follows:
H. MeCourt. superintendent of south
ern lines. A. II. Egan, saperintend-
ent: Roadmaster +. l.. Thompson,
Master Mechanic X. J. Turnbull. Con
ductor John Wh5edon, Engineer
John N aGuire. Louisville division;
j. H. Scheuing. superintendent Nash
willie division; T. L. Hill roadmaster,
and G. NJ. Hubbard. supervisor Of the
Tennessee division.
The board will have little to do,
the principle business being routine.
The matter of beautifying the hos
pltal yard will come up. II has been
suggested that the association re-
move the fence, now that the COW
ordinance is being enforced. and II is
said this will be favorably consider
ed. 1t will beautify the yard a
great deal and have an effect of set
ting of the hospital building to a
better advantage.
The board will also take up the
matter OF repairing the interior OF
the building and order other such
improvements as necessary.
Mr.. Egan is in attendance al
though he is hardly able to be out,
His physicians advise him to keep
close for several days in order to
permanently recover. His illness is
not serious and the many friends OF
the popular superintendent will re-
gret to learn of his Illness.
The Paducah sun., 1906-05-11
JUDICIAL REVIEW
NEAR A VOTE
Thought Senate Will Reach
This Point This Evening.
Violent Storm I'm Germany Cause,
Loss of Life and Docs Much
Damage
FRISCO BANKS ARE ALL RIGHT

Washington, May 1.-THE senate
met an hour earlies than usual to-
day with the view of reaching a final
vote on the judicial review feature
of the railroad rate bill before ad-
journment this afternoon.
The senate yesterday completed
the consideration of the second sec
tion of the railroad rate bill and just
before adjournment listened to the
reading of sections three and foul
without considering any amendments
offered to them. The purpose of this
reading was to bring. the considera
ton of the bill up to the point ol
taking up the Allison compromise
amendments, which will be done thii
afternoon.
The Paducah sun., 1906-05-11
NOTED COLORED TURFMtN i',
MAKES HIS LAST RUN
Crossed Cndler the "String" oI
Death in Louiville This
Morning.

Louisville. May 11.-Edward Dud-
ley Brown, known in the turf world
as Brown Dick" Is dead. Tubercu-
losis was the cause. The end came
at $50 West Walnut street early
this morning. His age was fifty-slx
years. Brown Dick was one OF the
best known colored trainers in Amer
lea He was the last of the arte-
bellum negro turfmen. Born in the
heart of the bluegrass, with the thor
oughbreds his closest acquaintance
since childhood, he passed away talk
ing of the many noted horses he had
either owned or trained in the lons
ago.
The Paducah sun., 1906-05-11
Frisco Banks Soon to Orcn.

San Francisco. May 11.-On the
21st inst the Commercial banks OF
the city will open their doors for reg
ular business. and the Savings banks
will likely resume the same date
Examination of the bank vaults is
being made. and so far all have been
found in good condition. The banks
could reopen at once il they had
suitable places in which to do busp
ness. s-'.s
The first building permit for perm.
anent construction has been issued
1t is for a ten-story building on Mar
ket street.
The Paducah sun., 1906-05-11
Barn Fire at scdaIia.

Mayfield Ky. May l1.-Fire Wed
nesday night destroyed the barn al
.he home of Ed Ford at Sedalla. Tn,
barn was bran new and contained
about 5000 pounds of hay, 80 bar
rels of corn. a buggy, wagon gear
harness. etc, which was. a total loss
Nothing was saved. The barn be
longed to Usher & Kirksey. of Seda
liza. The entire loss was about $500
the most severe loss being to MIR
Ford. There was no Insurance and
the origin of the fire is unknown.
The Paducah sun., 1906-05-11
WANT 1T ADJUSTED.
Bituminous Operators to Ask Presi'
dent TO Settle Differences.

Chicago. May l1.-lllinois. lndi'
ana and ohio coal operators in joint
session yesterday afternoon passed
resolutions authorizing the appoint
ment of a committee to lay before
President Roosevelt the differences
between the bituminous operators
and miners. No action will be taken
by this committee. however. unless
the conference between the opera
tors and miners to be held next week
fails. Then the operators will ap-
point the committee and the presi-
dent will be asked to intercede and
endeavor to bring about an adjust
ment of the difficulty.
The Paducah sun., 1906-05-11
City Solicitor Campbell to Press
the Telephone Company Injunction.

terests of the people, and there is .
question in my mind as to whether
we are doing 1t when we shoulder
this white elephant and spend prob
ably thousands of dollars OF tho
city's money in prosecuting the case
| fail to see where we will gain. even
il we win. The city solicitors argu-
ment for compromise seems very
clear and good, and instead OF spend
ing money. in this apparently hope
less fight. think 1t best to compro-
mise on the lines originally agreed
on by the council and telephone COM
pany. The difference is but little.
aud the telephone company has com
petition or viii have sufficiently to
require It to keep rates down"
Whatever action is taken In the
matter has to be taken at once, be-
fore Judge Evans departure for Eu-
rope. He will leave Louisville June
LIST, and sail June 18th, and il will be
some time before his return. Ne
question. in the minds of the mu1hc~
ipal officials seems TO be the interest
Of the peaple, but the boards differ
widely on 1t. 1t is I'd derstood. u th4'
solicitor is successful, in dissolyink
the injunction, It VI not We VIC
tory of eithed side. compromise
is probable where Der side hofcY
an advantage.
The Paducah sun., 1906-05-11
old Resident Of Graves Dies,

Mayheld, KY. May 1l.-John
Boyle. 81 years old, died at his home
at Kansas. this county. Tuesday af-
ternoon. Mr.. BOYLE is survived by
Ave children, Mrs. Robert Mercy
mold. Mrs. W. II. McReynolds. Mrs
b. A. Piekens, Mrs. |. Rouse and
James BOYLE
Mrs. J. NJ. Armstead, 20 years.old
died al her home at Loves Tuesday
afternoon at o'clock.
The Paducah sun., 1906-05-11
Must Pay the Penalty.

Dayton, o., May 11.-Judge Brown
today overruled the motion for new
trial in the case of DR.. Oliver c
Haugh. who was convicted of the
murder of his parents and a brother,
and sentenced the prisoner to be cleo
trocuted August 20. Haugh received
the sentence with characteristic in
difference.
The Paducah sun., 1906-05-11
Violent storms in Germany.

Berlin. May 1.-THE violent
storms which have prevailed through
out Germany recently are causing
great damage and some loss of life
At Cologn a house was unroofed and
several buildings collapsed. A wind
storm raised a column OF water thirty
feet high in the Rhine. In Gunde-
lifing a church was struck by light
ming while services were in progress
Two persons were killed and ten in
jured.
The Paducah sun., 1906-05-11
Converse VIII Remain.

Washington, ID. c.. May 1f.--By
direction OF the president Acting
Secretary Newberry has requested
Rear Admiral Converse, chief of the
bureau of navigation. who will go on
the retired list on the 18th inst. to
remain in his present capacity after
retirement. The admiral assented
and will continue as chief of that i'm
portant bureau Of the navy depart
ment
The Paducah sun., 1906-05-11
COURTED HER BY MAIL.
Did Not Know His Bride When He
Came 10 Wed Her.

Lafayette. Ind. May 1f.-Al'
though they had never met before
Mrs. Martha A. 'Leav.tt, a widow, al
the State Soldiers Home. and Henry
b. King. of P,ttsburg. wene married
here today. The wedding. was the
elimination OF courtship conducted
by mail. when he arrived last night
at the home he did not even know
Mrs. Leavitt by sight. As he is noi
a veteran. IT will be necessary fol
Mrs. King TO leave the home. They
will probably live in PENNSYLVANIA.
The Paducah sun., 1906-05-11
Break for Liberty.

Wabash, Ind, May 11.-Frahk
Gillen, a prisoner who was being re-
turned from Elkhart county to ths
Jeffersonville reformatory, jumped
from southbound Big Four train
near Warsaw while the train was
running 40 miles an hour. He was
recaptured with a broken ankle and
is in the hospital here.
The Paducah sun., 1906-05-11
Captured Spanish Fishermen.

Madrid. May ia dispatch from
Ceuta, a Spanish settlement In the
northern part of Morocco. says sew
eral Spanish fishing boats have been
captured OFF Riff coast by MQors, who
treated the crews cruelty. ~Repres-
sive measures will be taken by Spain
The Paducah sun., 1906-05-11
New Berth for j. F. wallace.

Chicago, May 11.-sohn F. Wal.
lace, former chief engineer OF the
Panama canal. announces that he
has accepted the presidency of the
Electric Properties company. The
organization, recently incorporated
in New York. Is. according to Mr.
Wallace, to acquire, finance and de
velop properties in which electricity
plays the principal part.
The Paducah sun., 1906-05-11
Died without Medical Attention.

Zion City, May ia coroner's
inquest will probably be held today
over the remains of Mrs. Cantell
wife of Overseer Cantell who died
early this morning from childbirth.
She did not receive medical attention
during her Illness. Cantell recently
returned from London where he had
charge of Dowie's work in England
He now sides with Voliva.
The Paducah sun., 1906-05-11
Disastrous Fire in sutreviIIe, Pa.

Sutreville. Pa, May IA fire
which started this morning in a
frame house destroyed the greater
part of the business section of the
town. Assistance was summoned
from Pittsburg and other places
The fire practically burned out be-
fore help arrived. The loss Is not
estimated.
The Paducah sun., 1906-05-11
An Old Story From Russia.

Symbirsk, Russia. May IA
clash between the police and a crowd
celebrating the meeting of the dou.
ma occurred here. Afterward a
gang of roughs attacked the demon
strators and in the clash many were
injured. Some seriously.
The Paducah sun., 1906-05-11
Carl Schurz's Condition.

New York. May 1.-THE cond!-
tion of Hon. Carl Schurze is reported
somewhat improved today by his
physicians. lie Is said to be in no
immediate danger. The report had
gone out that he was in dying con
dition.
The Paducah sun., 1906-05-11
EARTHQUAKES IN NEBRASKA.
Towns for Sixty Miles Around Cody
Report Shock.

Cody. Neb., May 11.-At 6:25
o'clock Wednesday night an earth.
quake shock. lasting nearly one min
ute, passed through the Elkhorn val
ley, the earth seeming to move north
and south. No damage is reported
from the various towns which have
telephoned in the news. Towns in
all directions for a radius of sixty
miles have reported feeling the shock
The Paducah sun., 1906-05-11
strike Leaders As.assinated.

Rome Italy. May n. Two of the
principal leaders in the labor strike
movement In Milan were murdered
last night The murderers escaped.
There is great excitement over the
assasslnations.
The Paducah sun., 1906-05-11

Chattanooga. Tenn, May IL. IA
Southern passenger train ran into a
Lookout Mountain trolley car this
morning. Contractor Rankin and
Foreman Derrige. Of the Central
Manufacturing company. were in
stantly killed. Fred Fry, laborer,
was fatally injured. and fiye passen-
gers more or less seriously.
The Paducah sun., 1906-05-11
Peaceful settlement Possible.

London. May IL The Times
prints a dispatch from Cairo which
states that hopes are entertained that
a peaceful settlement will be reached
4" the dispute between Great Brit
ain and Turkey over evacuation OF
Tabah by the Turkish troops.
The Paducah sun., 1906-05-11

Durham. Natal. May IL. -- Most
serious news from the Zululand in
surrectlon was received this morn
ing. The advices state that several
thousand natives are Joining the reb-
els under the leadership of Chief
Rambaata. Colonial troops are being
hurried forward to intercept and pre-
vent a junction OF the two forces.
The Paducah sun., 1906-05-11
Musical Direction.
Fire at Pinar Del Rio.

Havana May 11.-Fire in the
heart of Pinar Del Rio yesterday at
ternoon swept an entire square and
part of another and destroyed a ho-
tel, several leading business houses
and some better class OF residences
The fire could not be checked until
some buildings were blown up with
dynamite. Loss $500, 900.