davidaulloa/AmericanStories huggingface dataset:
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-12-15
THE MARKETS

The trade l. atiff on the street ibis
morning due e. the fact tnai Tho
commission houses cioao az o'clock.
A large consignment OF tarnneao
oranges arrived thia morning } ~.
Puweils a co, have 1899 cases, Tho
price jumped from fias "a So
Commission men bellows that tliu NJ
To japanese orausea are 20 be very
popular this season The euE mar
net il firmef this morning They are
quoted az eco and f8e. while f9s was
the top price yesterday. A San
Francisco steamer II due Monday.
The carko fpr the moat part is
hauahas with some California
ftuila.
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Building Phone. Ind sea Seattle
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The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-12-15

There arc mors ways than one
to Kill Off a manager with con-
tract. The Brush-Iferrmaun com
bins n backing Nod Hsnlon for tho
National league presidency
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-12-15

OF course YOU have heard Of
.Whlse Hat" Mccarthy Ne Well.
he ia ono 81 the real features Of the
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-12-15

The day 81 the tie game IN foot
ball seems % be ready for the down
and-aut club Probabilities are that
1907 rules will provide for add
tlannl play after ths second hair "
the score Is tied.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-12-15

KID Herman. who fights Cans
New Years day. trains up instead
of down He weighs about rs. and
viii build up to fas on the day Of
the scrap.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-12-15

Yale and Harvard are not the
only one. when u comes Co draw
inx crowds At Swansea. Wales.
60 geo spectators saw the South
African "sprinEhaks" wsil0p The To-
cal team In Rugby football. 10 10 Q.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-12-15

Members Of ths old Players
league LEFT IN the American league
are sCY" Young. George Davis.
Link. Lowe. Jim Mcclure. Jack
O'conn1r and Lave Cross In the
National are Kid Gleason. Tommy
Cascoran and Jake fIuckley.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-12-15

Don't throw your old clothes
away. Havo thom cleaned TO look
like new az the PantorIum. Main
f0fs.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-12-15

All who glitter are not stars
Mertea, who was traded 10 the Car
dlnals by the Giants for shannon
and a big bonus. IL out OF the game
and viii run a planning min IN Cali
fornia-
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-12-15

Frank selse IL a real thing fight
promoter az Pueblo. Colo. lie ar
ranged the 60 between "MuRRHy'
shoei and KID" Bell, the ealored
whirlwiud.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-12-15

While counting on Beaumont and
aheshan sure. u viii be a big sur
prise II Philadelphia gets Ritchie
also from pittsburs. says Quaker
scribe. n Philadelphia gets any II
the trio the surprise will Be pretty
general
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-12-15

Wear BruaSa' HaiA. 1871 Second
avenue sf
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-12-15

pr. Hunt. dentist. 20 nurks
Building rhone. Ind sea Seattle
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-12-15

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The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-12-15

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The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-12-15

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The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-12-15

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The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-12-15

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The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-12-15

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The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-12-15

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The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-12-15

WstAsss sassts - ~ 49, s~~. \
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The Montgomery advertiser., 1906-10-24

he should be acquitted. is correct statement of the law.
 43. Same: instructions; refusal to give instructions cured by those given. Where the trial court. In it's charge. rested the conviction alone on the hypothesis that the jury should find that a conspiracy actually existed be- tween accused and his son to kill de- ceased. 1t was not error to refuse a requested instruction that accused could not be found guilty unless the jury found that there was conspiracy to kill etc.
 A. Same; argumentative charge A charge asserting that the fact that the grand jury indicted accused for killing deceased with malice afore thought could not be considered by the jury as tending to show either guilt or innocence. is argumentative and proper ly refused.
 45. Same; instructions: ignoring evl- dence.-A charge asserting that the son has a right to slay in defense Of his father, who is in real or apparent imminent danger and Is not at fault in bringing on the difficulty, and there is no other means of escape from the real or apparent imminent danger, Is properly refused as ignoring the ten dencies of the evidence showing ac- cused entered into the difficulty will ingly.
 46. Same; instructions; self-de. fense-A charge asserting only tha' the burden Is on the State to snow that accused was not free from faul' in bringing on the difficulty with de ceased, is misleading in that 1t mlgh' lead the jury to the conclusion that re treat and belief in imminence of dan'
 AA DNncfdaraH tors in the case.
 AT. Criminal law; instructions, ar sument.-An instruction asserting thai whatever occurrences might nave sprung from the trouble between de- ceased and accused, if they were mer, incidents happening casually wlthou knowledge or expectation or accusea such casual incidents did not show conspiracy between defendant and his son. was argumentative and properly refused.
 AS. Same; instruction; self-defense A charge asserting that If the acts of the deceased, at the time he was shot, were such as to reasonably nm press on the son of accused the belieI and he honestly believed. that he was ir imminent danger to his life, and there was no other means of escape except by taking the life of deceased then the son had the right to shoot de ceased, unless the son brought on the difficulty, was properly refused as ig- noring evidence of the existence of a conspiracy between the father, and son to kill deceased; and also, because lg' noring the sons right of self-defense as dependent on the status the defend ant occupied with reference to the difficulty with decedent. ..
 49 Same; aiding perpetrator of crimes instructions.-In view of the tendencies of the evidence showing d conspiracy. a charge was properly re fused as invasive of the province of the jury, that asserted that there was no evidence that accused did any act or said any word at the time of the killing of deceased by son of accused that aided In the killing.
 5O Same; trial; withdrawing in structions-It is proper for the court to recall the jury. and. in the presence
The Montgomery advertiser., 1906-10-24

32. Same.-where accused, being
 tried for murder. was convicted or manslaughter. errors arising in instruc- tions relating to murder are cured and
 will not be considered on appeal.
 33. Homicide; self defense; instruc-
 tions.-A charge asserting that the
 son has a right to slay in defense of
 the father whenever the father has
 the right to slay in his own defense,
 failing to define what the elements of
 self defense are. is erroneous and
 properly refused.
 34. Same.-A charge directing an
 acquittal of accused where there is
 reasonable doubt as to whether or not
 the killing was in self defense, is er-
 roneous in failing to define self de- fense.
 35 Same:-A charge asserting that the danger which will excuse killing need not be real. and if the jury be. lieve that the appearance of danger surrounding accused at the time of the enable belief, honestly entertained by the son, that accused life was in dan ger, and there was no other reasonable means open to accused to avoid the
 danger but by taking the life of de- ceased, accused must be acquitted, though deceased had no deadly weap- on,. unless accused could have retreat
  properly refused for that 1t failed to negative accused's willingness in en- tering into the difficulty.
 36. Same: instructions: aiding end abetting.-An instruction hypothesiz- | ing that the son must have had knowl- edge that the acts done or words said | by accused were for the purpose of l aiding or encouraging the son to kill deceased, goes too far. for. If under lad fn believe that the acts done or words said were meant to encourage him, | that is sufficient to render accused guilty.
 ST. Homicide; proof of motive; ne- cessity It is not necessary that the State should prove motive for the homicide. l 3S. Same: instructions; province of jury-Where on the trial of accused l for a killing done by his son there was I evidence tending to show conspir-
 acy between them. 1t was invasive or the province of the jury to give an in struction asserting that there was no l evidence showing such conspiracy. [ 38 Criminal law; instructions; ap- plicability to evidence.-Where the evil dence tended to show that accused and son had formed conspiracy to Kill deceased, and that the accused stated we nave come neTe to NH, etcs etli instruction assuming that the evidence of conspiracy was circumstantial was properly refused. 39. Same; trial instructions; refus- al to give.-It is not error to refuse requested instructions substantially covered by written instructions al- ready given.
 40. Same; ignoring evidence.-1t Is nroper to refuse requested instructions
 that ignore parts of the evidence. A. Same; assumption of facts Instructions which assume as a fact things material on which there is a conflict in the evidence are properly refused.
 42. Same; reasonaple uoupt'--.N charge asserting that where the evil dence convinces the jury that there ls | a probability of defendant innocence
The Montgomery advertiser., 1906-10-24
MORRIS vs. THE STATE.

MORRIS VS. THE SlA1 E,
 Murder-(Decided April 2Sth. 19o6)
 Al So. Rep. 274).
 1. Jury; venre; statute; construc- tion The requirements of Section 5oO4, Code 1896. are mandatory, anu the record must affirmatively show a compliance with its terms
 g. Criminal law; record; sufticien- cy; jury in capital ease. Where the record shows that the court ordered fifty names drawn from the jury box for the trial of a capital case, but fails to show that fifty were drawn and recites that the following names were drawn from the jury box. by the presiding judge, in open court, in the presence of the defendant; held, such record fails affirmatively 70 show that fifty names were drawn. and is not in compliance with the requirements of Section 5004. Code 1896.
 g. Same; parties to offenses; prin- ciples; statutes.-Under Section 43OS. Code 1896, all persons concerned In the commission of a felony, whether they directly commit the act or aid and abet in the act are punishable as principals; and each of two or more persons who by preconcert or arrange ment, or on the spur of the moment, enter on common enterprise con- templating the commission of a felo- ny, is a conspirator, and f the com mon purpose is carried out, each is guilty of the felony; and one pres ent, aiding or ready to aid the active perpetrator in the commission of a felony, is guilty participant and punishable as the one who Goes the act.
 4. Same; evidence; declarations of cons spirator.-Before the declarations of a co-conspirator are admissible against another, sufficient proof mus; be made to establish, in the opinion of the court, prima facie that a con spiracy exists. 5. Same.-Where a defendant is on trial for murder as the .tctlve princi- pal evidence of his declarations tend- ing to show a conspiracy IS admissi- ble though there is no other proof oi d conspiracy, the declarations being admitted as those of the accused; and not as those of conspirator.
 6. Homicide; evidence; admissibil- ity.-Defendant being on trial for 8 homicide committed by his son 1t is permissible to allow evidence of dec larations made by defendant few minutes after the killing, that we have come here to kill deccdent. and we are going to do 1t, as showing a common purpose to take the life oi decedent.
 '. Same.-Evidence that accused responded to the declarations of a third person that decedent had been Killed. II hope we have done him up and if we havenG I will 70 back and finish him." was admissible against accused in prosecution Tor murder committed by accuscd's son, as show
The Montgomery advertiser., 1906-10-24
MONTGOMERY THEATRE.
Tonight Tbat Evergreen Success 
 Ball.
 SEAT1 NnyU nN 9AY,E
SEATS NOW ON SALE.

of accused and counsel, correct errono- ous instructions given them before they retired.
 Appeal from LimestoRe Circuit Court. Heard before Hon. D. W. Speake.
 Reversed and remanded. Opinion by Denson, J.
 Haralson, Dowdell and Anderson, JJ.. concur.
The Montgomery advertiser., 1906-10-24
MARX ys vLY.


 Action on Contract of Guaranty.
 1. Frauds; statute of; ufficiency of memorandum An instrument In writing signed by the person making the guaranty stating that the guaran- tor would guarantee the certain in- debtedness of the person named in the instrument and that the signer was to receive a certain per cent. of the amount collected, sufficiently complies with Section 2152, Code lSSs.
 ?. Evidence; best evidence; writ ings; preliminaries to admission or secondary evidence.-Exhibits attach ed to dispositions, which were shown to be copies, were not admissible in the absence of a showing that the originals could not be obtained.
 3. Guaranty; action; issues. Tn an action on guaranty, defenses of fraud and misrepresentation must be pleaded, and are not available unless so set up.
 f. Trial; instructions It is not err TOT to refuse charges that are unin- telligible and involved.
 5. Guaranty: discharge of guaran- tor The acceptance by the plaintiff of a part of the claim as payment thereof with the knowledge and con- sent of the guarantor did not dis charge the guarantor, under the pleadings in this case.
 6. Same: remedies of -reditor; con dictions precedent. Where the de- fendant guaranteed to plaintiff the payment of an account and the per son whose account was -hus guaran- teed died. 1t ws necessary for the plaintiff to show that such person s estate had been declared insolvent be- fore he could recover.
 Appeal from Marengo Circuit Court. Heard before Hon. John AnInr son. Alarmed. Opinion by Dowdell, J. Weakley, c. J., Haralson and Den son, JJ., concur.
The Montgomery advertiser., 1906-10-24
STALLINGS. EFT AL. V. GILBREATH
 Action Against Constable and Others

Action Against Constable and Others
 as Joint rt-feasors-( Decid .t.
 April 2S 1906. II So. Rep. 423)
 l. Appeal; record, bill of exceptions This court cannot review, on appeal the ruling of the trial court upon a motion for discontinuance. unless the motion, or the grounos thereof, the courts ruling and an exception there to. is presented by the bill of excep- tions.
 2. Judgment; conclusiveness, mat ters concluded.-In an action for wrongful seizure under execution, d judgment on d claim of exemptions for the goods alleged to have been wrong fully seized. in favor of the execution defendant, is conclusive.
 g Appeal; harmless crror trial- Error in respect of an issue on which the plaintiff is entitled to the affirma tive charge, Is without injury to de- fendant.
 A. Justices of the Peace; liability; executions wrongful levY.-W here the constable made d wrongful levy. and was told hy the justice of the peace to make the levy on the goods. and was influenced thereby, the justice Of the peace was liable as d joint tort fcaSor, whether he was acting in his official capacity or otherwise.
 j. Same; levy of execution. exempt
The Montgomery advertiser., 1906-10-24
WESTERN UNION TELEGRAPH co WHJTSON

V. WHITSON. Damages for Failure to Deliever Tele-
 gram.-(Decided June 6, 1906. Al I. T Telegraph p: i4p'' and Telephone; non- delivery of message; complaint; af- firmatiye defense.-In an action for damages for failure to deliver a tele- gram, the complaint is not demurra- ble for failure to allege that the sendee lived, did business or could be found within the free delivery limits of the office of destination; for if the con tract limited the delivery to the free delivery office of the company at that point. that fact was defensive matter of which the company must avail it. self by plea.
 g. Same; burden of proof.-Where the defense is set up and 1t is shown that the sender of the message con tracted for its sending With reference to the free delivery limits of the ofhce Tt destination, the sendee, Tn d suit for non-delivery, must carry the bur den of proving that his residence or place of business was within the es- tablished limits.
 a. Same; delivery to agent; evr- dence of agency; admissib1lity-Whe here 1t was shown that the message was delivered to the sendee's 1l-year old son, evidence that the poy had often been sent to mail letters TOT his father to the depot in the city m which he lived which fact was known to de- fendants messenger, was inadmissible and immaterial to show that the soh was the sendee's agent to receive the telegram.
 4. Same; obligation to deliver-lt is the duty of the telegraph company to use reasonable diligence to deliver d message to the sendee. and if unable to deliever personally, it IS its duty to deliver the message to an author" ized agent of the sendee.
 {, Same; what constitutes.-The de- livery of the message to the sendee s i1-year old son while at play in an other yard near sendees home. Is, as matter of law, no delivery to the sendee.
 6. Appeal; harmless error; refusal to give Where the atfir- native charge coulc properly have been given for plaintiff, II Is harmless error to refuse instructions requested by defendant.
 Appeal from Tuscaloosa County Court.
 Heard before Hon. H. B. Foster.
 Affirmed. Opinion by Tyson. J.
 Simpson, Anderson and Denson, JJ., concur. BROWNE, MAYOR V. STATE FIX REL
 GCNN.
 Nandamus- May O. 1906. 4l So Rep. 407)
 1. Mandamus. repealed statute.-
The Montgomery advertiser., 1906-10-24
4 Books Free -

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 We have studied and treated these and other Chronic Diseases for over 70 years and have established a repxrt aAion and practice which we believe is second to none in thts country. IT afflicted call on or write us Examination blank free. Write for full particulars. Severe and diffi- emit cases especially solicHed. DIR. HATHAWAY & CO. Suite 4s Inman Blds., Atlanta. Ga. A
The Montgomery advertiser., 1906-10-24
HARRIS V. THE STATE.

41 Sso. Rep. 416.)
 Habeas l,orpus; arrest under requisi- tfon warrah,t; identity of person ar reated: evidence; sufficiency Where defendant king discharge by ha- beas corpus under a warrant issued by the Governor ok this State on reauisi- tion from the Governor of Tennessee, testified that he, was not the person mentioned in thu acquisition and ex- tradition papers Nunder which he was restrained and that he had not been In Tennessee since 1903, but did not otherwise deny the charge, while the TAnn essee officer, testified to the ident- ltty of the person and that he had been eseen in Tennessee in 1905, the court Mill not be put in error for refusing 10 discharge him.
 Appeal from the Jefferson Criminal
 ourt.
 Heard before Hon. D. A. Greene.
 Affirmed. Opinion by Dowdell. J.
 Weakley. c. J. HaTalson and Denson JJ.. concur.