davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1906-05-23

tion for flight.-It is competent to show that defendant said he had trou- ble with his job and was going to leave that night. as showing preparation for flight; but 1t is immaterial that some one threatened to shoot him on that evening and such evidence was prop erly excluded.
 5. Same; comparisons of handwrit- ings.-Where the genuineness of hand writing is disputed, extraneous writ ing. although admitted to be genuine. cannot be presented to the jury and court for the purpose of comparison between them, nor shown to non- expert for the purpose of instituting comparisons.
 6. Same: appeal: record; reviewable questions.--Assignme of error, on appeal. based on the allowance of the introduction of a check on account of a variance between the check offered and the one described in the indict- ment, cannot be considered when the check objected to is not set out in the bill of exceptions.
 [. Same; argument of counsel.- Where only one witness testified that the defendant was the person who pre- sented the check for payment. argu- ment by the solicitor that this was no reason why defendant should not be convicted, and that if a man assaulted a woman 1t was entirely probable that she would know him if she saw him again. was proper under our decisions
 8. Costs; criminal prosecutions- Where hard labor is imposed for the payment of the costs of the prosecu- tion the time and extent of such hard labor must be ascertained and fixed by the court, and a judgment entry which provides for additional hard labor for sufficient number of days to pay the costs" Is erroneous. Appeal from Jefferson Criminal Court.
 Heard before Hon. D. A Greene. Reversed for new sentence as to costs.
 Opinion by Haralson, J. Dowdell, Anderson and Denson, JJ., concur.
The Montgomery advertiser., 1906-05-23
MCLEOD ct al vs. MCLEOD.

Sill to set aside and annul a convey
 ance for the fraud and Undue In-
 fluence. Decided January il, 1s06s
 ,40 So. Rep. 414.)
 1. Deeds; Consideration.---A deed from father 10 his children will not be set aside upon mere inadequacy of consideration.
 g. Same; Undue Influence; Presurnp- lions: Deed from Parent to Child.--ln the absence of evidence to the con trary the parent will be presumed to be the dominant party, and proof of Jdonation from parent to children will not. of itself, raise a presumption Of undue influence.
 3. Same; Burden of Proof.--The burden of proof is on the one assert ing that the deed or conveyance, sought to be set aside, was procured by undue influence. where the suit IS between parent and child.
 4 Gifts: Validity; Parent and Child. The validity of a gift from parent to child, the parent being presumed to pc the dominant party, cannot be assail- ed on the ground of undue influence. as such presumption in law arises oh- ly where the weaker party Is the don- ar.
 B. Appeal; Question of Facts; Re- view--Onf appeal. the finding of tho facts by the chancellor comes to this court with no presumption of its cor rectness, but the duty is on this court to weigh the evidence and render such judgment as they think ought to be rendered.
 Appeal from Barbour 1Chancery Court.
 Heard before Hon. ". l.. Parks.
 sRehearing denied April 3. 1908.
 Reversed and Rendered. Opinion by Dowdell. J.
 Tyson, simpson and Anderson. JJ.. soncur
 REDD, ct al vs. WALLACE. TRUSTEE. Bill to Declare a Sale Fraudulent and
 a Preference Under Bankruptcy
 Act. Decided February 8, 1906'--
 (40 So. Rep. 4o7)
 l. Fraudulent conveyances; Reser- vstion of Benefit to Debtor; Effect.-A debtor sold oats to his creditor in pay nent of his debt, which was almost equal to the highest market value of the oats, and the creditor agreed to pay the debtor &34.00; Held, not such a reservation of a benefit to the debtor as would render the sale fraudulent as to his other creditors
 2. Bankruptcy; Preference; Recov- cry by Trustee: Jurisdietion.--Section SIS of the Code, while authorizing a bill in chancery to subject to the pay which has been fraudulently conveyed by the debtor, does not authorize the setting aside a conveyance which oper- stes only as a preference under the bankruptcy act; and the remedy given by the Bankrupt act authorizing the trustee to pursue the property convey ed as a preference. in any state court having jurisdiction in the absence oi bankruptcy, affords relief in the state courts against those conveyances only which would be invalid under the laws of this State.
 Appeal from Jefferson Chancery Court.
 Heard before Hon. A H. Benners.
 sRehearing denied April 3, 1906.
 Reversed and Rendered. Opinion by Anderson, J.
 Haralson, Dowdeu and Denson. U. concur.
The Montgomery advertiser., 1906-05-23

Nursing Mothers and Malaria.
 The Old Standard Groves Tasteiess Chill Tonic drives out malaria and builds tip the system. Sold by all dealers for 27 years. BA eAnfa wed
The Montgomery advertiser., 1906-05-23
SCHEDULE OF TRAxS& THE WESTERN BY. OF ALA. AND THE A. & W. P. R. R. GO.

TRAINS FROM MoNreoMERY-Train' ss carries through sleeper to New York through sleeper to Kew Ycrk and day coach to Washingten- Di:-ing car ser- ington. Q. TIains % and % sast, are local CONNECTIONS for coLUMPUs. MACON and sAvANNAH-Trains 3s and 70 con pect at Opelika with c. of Ga, for Co., lumbus No. 3s from Montsomery. if on time. connects for Columbus, and If nos more than 80 minutes late, for Colufnbuh. Macon and Savannah Through slsepsF from QDelfka to Savannah.
 CONNECTIONS for MERIDIAN and JACK SON-Tratn s9 from Montgomery connectn with Sou Ky. at Selma for Meridian and Jackson. ". C. HUNTER. Com'L AKt.
 ". H. AMERINE. s.F C PA. J. P. BIELUPs, c.P.A, Montgomery.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-04-18
EVERYBODY COT
HIS, AND THEY
CAME RAPIDLY

Even the famous Washington Gridiron
club could hardly expect To outdo the
-fr-t urrr furious fun tt1at- characterized
last evenings annual dinner OF the State
House Press club n the wellington,
which was attended by about $50 men
prominent in state and city politics; and
those who escaped roast were lucky
indeed
Gov. Utter was the only speaker per-
mltted 60 talk without constant Interrupt
ton and jollying. Just as he came in the
gathering was singing How Dry ! Am
and on being introduced the governor
said
1T Is a greet pleasure 20 mo TO come
from one church club where 10 is held
that all men are 20 be saved, 10 one I'm
which the cardinal principle IL that all
men should ba damned There are times
when IL is well TO be honest, not because
We want 20 be honest, but because the
other fellow knows This is one OF those
times.
II was glad TO know by the singing
that You We're waiting for me. / knew
that Rhode Island wanted mo hut | did
not know how badly / was wanted until
now
II met two men. dressed in blue. out
Side, who were investigating things and
they told me that they were coming up
here TO investigate you. To Judge by your
looks I am quite surprised To know that
some or YOU haven't been here longer
than YOU have. and on the other hand |
am surprised that some OF YOU have been
here az long as you have
Judge Palmer OF Cranston was the Vic
tim OF good many roasts. and when the
reporters entered dressed I'm state prison
garb and marched around labeled Judge
Palmers constituents the hilarity was
uprOarious
Col Zcnas w Bliss. Col 8. w. X. Allen,
Walter n. Stinoss. 4. u. Crafts samuel
Gee. Rev. a. B Cristy Sheriff White.
Representative Rattey, W. NJ. Y. Bowen,
Secretary OF state Bennett, Col. Il. ".
QUINN George l. Kingsbury. Philip
Money and General Treasurer Read were
among the others who had 20 take their
medicine I'm more or less allOpathic doses
but many of them got in some very good
rotaliativc work that added nightly 90
tie general mcrriment
The Providence news. (Providence [R.I.]) 1891-1906, 1906-04-18
FRIGHTENED CAB HORSE
PLUNGES INTO DENSE CROWD

Boston April 1S.--While more than 1900
persons were leaving the American
League baseball grounds after n game
with New York yesterday a cab horse be-
came frightened at an automobile and
ran headlong into the most dense portion
OF the crowd. causing a panic. in which
several persons were slightly injured.
Mrs. Daniel G. Robinson of 24l West
Newton street and Mrs. Lewis Baxter OF
As East Concord street were run over and
severely bruised, while Charles T. Gala
CHER. prominent lawyer OF this city, was
among a number OF persons who were
knocked down and bruised.
That more people were not injured ap-
peared TO witnesses OF the accident as
very remarkable. inasmuch as the horse
dashed down the crowded Huntington
avenue exit instead Of taking TO the usual
driveway. Several men attemped 10 stop
the runaway animal, but they broke the
horses bride and thus put IL absolutely
out OF control OF the driver, and IL was
not until the horse reached Massachu-
setts avenue that II was stopped.
Gov Curtis Guild, Jr., and an escort Oh
other distinguished men, who had attend
ed the opening game OF the season as
guests Of the league, were in the depart
Ing crowd, but were uninjured. The gov
ernor and others were prompt 20 assist
the injured 10 carriages. In which they
were taken TO their homes.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-04-18

transportation and sale OF coal I'm inter
state commerce; TO advise what. IL any,
legal proceedings should be begun. and
20 conduct under the direction OF the
attorney general such suits or prosecu-
tons. IL any. as may be warranted by the
evidence In hand and forthcoming
The general subject for some time has
been under consideration by the depart
ment IL Is believed that sufficient evi..
dence has been deyelopd in the invesii-
cations of the interstate commerce COM
mission and otherwise TO warrant the en-
ployment OF counsel under the provisions
OF the appropriation act OF Feb. %. 1904
authorizing the employment OF special
counsel and agents in proceedings of this
nature
AN important element in arriving at
tSIs conclusion Is the recent decision OF
the supreme court In Hale VS.. Henkel
holding that the federal government has
the right. under legal proceedings. TO ex-
pmine the books and records OF corpora
tions engaged in Interstate commerce"
The Providence news. (Providence [R.I.]) 1891-1906, 1906-04-18
FACULTY PICKS
SPEAKERS FOR
COMMENCEMENT

The faculty OF Brown University mas Sc
lected the four seniors who will speak i'm
the First Baptist church at commence.
ment next June.
The young men are Edgar s. Brightman
of Provincetown, Mass, II. Il. Chandler
OF Scranton, Pa, Herbert +. Cory Of this
city and George q. Shor Of Worcester,
Mass.
T.. s. Brightman since entering Brown
has won several scholarships. two OF
which are the George Hale Bacon ana the
George Ide Chace scholarships. Brightman
was vice president OF the Brown Y. NJ. c.
A. last year, and is member OF Phi Beta
Kappa. He belongs TO the Kappa Sigma
fraternity.
III. T. Chandler is the wearer or a Phi
Beta Kappa key, and during his college
course has won the CASTOR and Abby
Chace and Wheaton scholarships.
III. Il. Cory entered Brown from the
Providence Classical high school. He has
cntributed TO several college literary pub
lications and last fall was elected class
poet.
G.. G.. Shor has debated on Brown teams
which have met Dartmouth and Johns
Hopkins. Shor won i'm his junior year the
George Hale Bacon scholarship. Beside
being a Phi Beta Kappa man, Shor is a
member of the Cammarian club. and be
longs to the Phi Sigma Kappa fraternity.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-04-18

structural steel requisite had 10 be sent
from England and the work delayed to
await its arrival.
To the natives the Dewey was a COR
stant source of wonder. on Sundays and
the holidays OF the Lenten season carni-
val large crowds visited the mole where
the Dewey was moored though no one
was allowed on board except by special
authority.
Among the vititors 20 the Dewey were
the officers OF the British cruiser Tsis. a
training ship for midshipmeh. The opin-
ion of these young gentlemen may be
summarized I'm the expression often heard
MY word. but she's a whopper!" The
officers and crews OF the Isis and the
ships OF the towing expedition enter
tanned one another during the stay.
Last night the wireless operations OF the
The Providence news. (Providence [R.I.]) 1891-1906, 1906-04-18
ARRIVALS At The HOTELS

CROwN-Paul Lange, New York; Wal
ter Won Cliff, New York; j. Parker Ford,
New, York; L. Bauer. Philadelphia; Clay
ton X Brooks, Boston, Joseph A. s. Gohl
Boston; II. G. Livermore, Boston; ID. w.
Wilbur Lawrence; w. u. knowlton.
Lawrence: Frank Plummer. Brockton;
L. u. Elman. New York; A. -. Cutler
Springfield; l.. f. Bacon, Boston; A. M.
We'll New York: r. S. Lockwood. Baltl-
more: A. E. Steele, Hartford; G. ID.
Heller. altimore; T.. j. Lyons, New York:
boston: l.. c. eonnell. Boston; NJ. A.
Cohn. New York; 9. A? Drost, Boston;
G. A. Richmond, Washington; y j: Nc
Gowsn Boston; $; seIkowitz; ISo Wit uew G Yors' x
q. Lowell. Willimantic; r. 7. Clarke. Buff
falo: H. g. w. Garden, Boston; IL q,
Howell, Boston; a. A. Mills, New Britain,
powers. New York; ". v Garner, bridge
port Mr.. and Mrs. NJ. w. Hoppin, New
York; Henry Slack, New York; l.. r.
York: YORK. n. II. Aibee. Boston; ". D. Bos-
well. Cohoes. y. Y: G. A: Worthington.
Hartford: B. NJ. Hollingshead. Camden
y j.: J y. Bennett New York; york; 9 IL
York; q. Frondel, New York; E. y
Shauer New York. John A. Quinn. New
New York; Gerald J. Sevage Boston;
Capt. II. l.. Wilcox New York.
NEwMAN-H. A. Palmer Cranston: r.
Burlingame. Newport; T. Woit Sr.
Franyblam. l.. Terris. New York; T. Lit
tleheld, Block Island; A. C.. Niernan, j.
8. Kahn. ] Sanke. New York: J. T. SAN
born. Newport; -. j. Brady. II. u. Boyle
New York; A. r Hammctt. Boston: NJ
w. Jacobs. New York: j. =. Bailey. Ham
mondsport. ~ Y; j. III. Cooper, Boston
c. r. Foresman. Fitchburg: T. F. Glea.
son. Boston, NJ I. Dyer. New York: r
W. Ayers, Boston: ]. l.. Wilson. New
York: II. l.. Bowles. Springfield: VIM.
Baldwin. No. Attleboro: ". II. Dunlap.
New York w. J. slanker. +. q. Leman.
w. v. whitney. q. A. Canheld. + l..
Johnson. Boston; t. Teitelbaum. New
York. T. r. Mcguire. Boston. J. w. Sug-
den. New York. j. s Cunningham. Provl-
dencc. NJ WinSburgh. w II. Coggeshall,
New York Mr. and Mrs. Bartlett. Bos-
ton: r. n Bennett. city; Mr.. and Mrs.
German. J. O.. Rose. New ork. T.. Bur
dick. Newport. n 8. Cotrell. jamestown,
r. l.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-04-18
THE PEMBROKE
GIRLS DANCED
LAST EVENING

The Beta Delta Phi o, the women's
college at Brown gave It's annual dance
last evening in Pembroke han
The decorations were especially un,qac.
ningiing the fraternity colors. red and
white. with combination OF palms and
potted plants as a background
The patronesses were Miss Ida Shaw
King. Mrs. Nathaniel r. Davis. Mrs. A.,
Clinton Crowell. Mrs. John j. Bau!gan.
AIRS. Thomas A. o'Gorman. Mrs James
o'Reilly. Mrs. Peter Quinn and Mls. Hen
rietta Brazeau.
Among those present were. Miss Edith
Nichols. Miss Marion King. Mss Lillian
Robinson, Miss Gertrude Marble Miss
Beatrice Sturdy. Miss Emma Craiz. the
Misses Hurley, Miss Jennie Hughes. Miss
Louise Joslin. Miss Madeline Jo.nson. Miss
Annette Milligan, Miss Emma Mc<cnpa.
Miss Geraldine Kilkenny, Miss Emma
Garfield. Miss Madge Morgan. Miss Ethel
piley. Miss Gertrude Clark. Miss Helen
Hague. Miss Mildred Carnes. Miss Mar
garet Stevens. Miss Mary Bannon. Miss
Theresa McKenna. Miss Nora Magulre.
Preston Moulton. Eugene Banhed. How.
ard Jackson. Fred I.ane. Charles Frank
An George Townsend Il xaelA,-M Moore
Charles McCanns. George Hubbard.
George Hurley. Thomas r. rsukeunv.
Charles Casey OF Harvard. Dennis Egan.
John u. Banigan. Richard Tucker Frank
Wood. Horatio otis. Granville Hooi. Dr.
Philip r. Clark and Prank Mart.n
Tho committee of arrangements con-
sisted OF Miss Rachel McAulire. chair
man: Miss Henrietta Bragcau. Miss Ger
srude Clark. Misr May German and Miss
Rachel Riley.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-04-18

Glacier got into touch with the wireless
station at Gibraltar, a distance of about
2+0 nliles.-As the Gibraltar station is of
different equipment from that OF the Gla-
cier. another feather rs put I'm the cap of
the Glaciers wireless corps for long dis
tance work on both sides of the Atlantic.
II is probable that stop OF consider
able lengthy will be made either at Port
Said or Suez 10 await the passing of the
monsoon season In the Indian Ocean. The
southwest monsoons I'm those waters are
usually prevalent during the months OF
June and July. consequently Commander
Hosley deems Il would be the safest poll
Icy 10 await the passing OF this season
before venturing 10 continue the jour
ney, though thig step Is, OF course, con-
tingent upon approval Of the navy depart
ment
The Providence news. (Providence [R.I.]) 1891-1906, 1906-04-18
The Drxey st Lae Fallnaar Mole
SECRETS Of THE
COAL ROADS WILL
NOW BE PRObED

Washington, April 1s.-It was announced
that the government had employed special
counsel for the proposed investigation into
the interstate transportation and sale OF
coal. Charles +. Hughes who was chief
counsel for the Armstrong insurance in
vestigating committee, will be associated
with Alexander Simpson. Jr.. In this work.
The announcement was made In the fol-
lowing statement of Attorney General
Moody this afternoon:
Charles r. Hughes OF the New York
bar and Alexander Simpson, Jr, of the
Pennsylvania bar have been retained by
the department OF justice TO take under
consideration all the facts now known on
which can be ascertained relating to the
The Providence news. (Providence [R.I.]) 1891-1906, 1906-04-18
ONE MAN HAS GOOD WORD
TO SAY FOR UNCLE SAM

Among the employees in the railroad SER
vice at Panama Is n Providence young
man, Albert Luther. who has just re-
turned home for a short vacation, with
nothing but praise TO offer regarding
conditions on the isthmus.
lie says tho men are treated well and
the pay is good. although there is no So
ciety. The government allows six weeks
furlough every year. with pay and travel
allowance both going and coming
Mr. Luther says the climate OF Panama
is uniform, n cool trade wind blowing all
the time. As long as a man stays away
from the night air and keeps In the trade
wind his health will not be affected. The
sanitary department OF the government
is doing fine work.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-04-18
D0WlE REJECTS V0lIVA'S
PROPOSAL; NEGOTIATIONS END

Chicago April 1S-Ali negotiations
looking TO u peaceful settlement of the
question as TO who shall control Zion city
and it's vast resources were broken of
yesterday. Dowie. through his attorneys,
threw down the gauntlet TO General over
seer wilbur Glenn Noliva and his follow
ers, when a proposition advanced by Vol
be turned over % n board Of control of
nine members. four TO be selected by
Dowie and n like number by Noliva the
ninth 10 be selected by the board, was
rejected by pOwic
Dowie rejected the proposal on the
ground that not only would he not ac-
quiesce in the appointment of Ncliva on
the board but that he no longer rccog-
nizcd the new leader as member OF the
church.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-04-18
ON BOARD THE L. S. STEAMER GI.A-
CIER, ATT SEA.
March "a, 1906.

After fair sailing from the Canary ISL
ands. the great floating dry dock Dewey,
In tow OF the Glacier. the Caesar and the
Brutus. Is now nearing the Straits OF
Gibraltar. and by the time readers see
this Will no doubt be we'll along I'm the
Mediterranean on the way 20 Port Said
In It's stay I'm Las Palnfas the Dewey
received repairs and strengthening found
necessary from the experience gained on
the long trip across the Atlantic. The
Dewey Is now I'm hrst-class condition 10
withstand the shock and strain OF bad
weather. This work OF strengthening
would have been completed at a much
earlier date but for the fact that the
The Providence news. (Providence [R.I.]) 1891-1906, 1906-04-18
WESTERLY GRANITE CONTRACT
BIGGEST IN ITS HISTORY

The New England Granite works OF
Westerly have secured the contract to
furnish Westerly red granite for the new
10-story building OF the Travellers Life
Insurance company at Hartford.
This contract is probably the largest
ever received I'm Westerly and Will re-
quire about i7b stonecuttcrs for a year
The Providence news. (Providence [R.I.]) 1891-1906, 1906-04-18
HIGHER COAL PRICES
HIT FLORISTS HARD

The local florists are greatly disturbed
over the recent advance I'm the price OF
coal and the possibility Of further In
crease
The hardshps experienced by the for
lists during the big strike of 1903 have not
been forgotten: and 10 Il stated that II
there is any increase over the present
prices of coal many of the smaller florists
viii be- forced 60 close their greenhouses
and simply raise cut flowers as required
TO fll orders.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-04-18
a CARD

We, the undersigned. 90 hereby agree TO
refund the money on 20 cent bottle OF
Green's Warranted Syrup OF Tar ~ ~
tails 20 cure your cough or cold We
also guarantee 3 cent bottle 60 prove
lLs a Blandng. 81 Wcybosset ct w o.
blandin2 A. No Main At A. w Fennef
yr.t ga Greene st: Kenyon Smith a Co,
"a EXCHANGE place. Geo. l.. Clafiih a CO.,
III. v. O'DonnelL
The Providence news. (Providence [R.I.]) 1891-1906, 1906-04-18
MARINE Co R TO RETAIN
ITS PRESENT BUILDING

The legislature Is asked to appoint an
official 10 transfer the property on which
the old Grmory building on enent street
stands 90 tho Consolidated railroad COM
pany, the proposed tunnel passing through
the land taken for that purpose.
The building is owned by tho Marine
Corps OF Artillery and the state cares
nothing about %. but the Marine Corps
is anxious Co have " preserved
In order 60 comply with It's wishes the
railroad company Is willing 60 go 20 the
expense OF removing the building To an
Ofhpr sifo.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-04-18

Trying 90 help his dog aboard a moving
train Salvatore Badetto, barber. came
near losing his life at the Pawtucket rail-
road station last evening
Baletto made one false step and fell under
the train. and his left leg was so badly
crushed below the knee that amputation
was necessary, while the shock and loss
of blood made the mans condition pre-
carious.
The faithful dog seemed 10 realize the
The Providence news. (Providence [R.I.]) 1891-1906, 1906-04-18
FELL BENEATH
MOVING TRAIN
AT PAWTUCKET

misfortune OF his master and remained
by his side until the arrival OF Tho ambu-
lance.
Badetto lost great quantities OF blood.
but up to the time when he was put upon
the operating table at the hospital did
not lose consciousness, and displayed un-
usual grit.
dren, the youngest being 10 days lid. He
resides at 6s Atwell's avenue in this city
Emmons County record. [volume] (Williamsport, D.T. [i.e. N.D.]) 1884-current, 1906-05-10
AGREE ON RATE BILL
FACTIONS IN SENATE GET TO-
cErHeR ON COURT REVIEW
FEATURE OF MEASURE.

Washington, May What amounts
practically to an agreement Oh the ex-
listing differences concerning court
features of the railroad rate bill has
been reached by senate conferences
extending over the last week and Sen
ator Allison will offer an amendment
conferring jurisdiction upon the cir
cult courts to hear and determine suits
brought against the interstate COM
merce commission The amendment
will not suggest to the courts whether
their judicial review shall be confined
to constitutional questions OF whether
it shalt be an inquiry into the justice
OF reasonableness OF the rates fixed
by the commission Senator Long.
who made the principal legal argu
ment for the house bill, and Senators
Aldrich and Crane, the leaders in the
movement seeking an amendment pro-
viding for broad court review, have
expressed themselves as favOring the
amendment and both factions are
agreed that the compromise is salts
factory to President Roosevelt. I'm
dOubtedy this means that obstacles to
the speedy passage OF the measure
have been removed