davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1906-05-11
HIS LAST OPINION
DISCUSSION WRITTEN BY LATE
 CHIEF JUSTICE MCCLELLAN.
Supreme Court Adopts It as Its Own And Puts It Out In Case Involving Delivery or
 TeIeGruma.

"A decision written by the late 4hiei Justice Thomas N. Mcclellan was hanu- ed down yesterday by fne p,s supIsme Court of Alaban,t. The olstu uis.se ., i,,rist had spenned this opinton in the early days of that illness which proved fatal If was however, raturned, 10 the oficers of the court, and the justices, after examing the opinion as wr,tteh by Judge Mcclellan. adopted 1t as their own and it was handef oown as the action of the court.
 The case was that iR which ]. w, Krichbaum of Birm,agham sued the Western Union Telegraph Company for failure to promptly deliver q message to him. The message was sent to MT Krichbaum, in Birmingham, hy his brother from Roddy, Tenn. It informed the Birmingham man of the fatal ill7 ness of his father and asked him to come at once The message was not delivered promptly and Mir. Kriehbaum sued the company for s1,s0e. He was awarded damages by the Circuit Court of Jefferson County to the arncunt of s325 This decision was sus.a.ned in .ne oriuion which the late justice wrote.
 Opinions in the following cases were handed down by the Supreme Court yesterday:
 Weakley, c. J.
 Hand Lumber Company vs Leslie Hall, appeal from Baldwin Circuit ts
 Western Union Telegraph Company, vs. J. M. Krichbaurl, appeal from Jeff ferson Circuit Court, affirmed.
 Tyson, J.
 Patrick Crawley ys. The State of Alabama, appeal from Jefferson Crimi- nal Court. reversed and rendered.
 l.. Untreiner. vs. The State of Ala hama, appeal from Monroe Circuit Court, affirmed
 Jimmie Foyer vs. The State of Ala bama, appeal from Monroe Circuit Court, reversed and remanded
 Tom Hall, vs The State of Alabama, appeal from Monroe Circuit Court. re- versed and remanded.
 Simpson, J.
 Southern Railway Company, vs. Gold stein Brothers, appeal from Birming- ham City Court, affirmed.
 Southern. Railway Company. vs. L. T. Webb; appeal from Jackson Circuit Court, affirmed.
 H. J. Burns, vs. " A. Gibbs, appeal from Lauderdale Circuit Court, affirm ed.
 A. M. Kyle. ct al. vs, Alabama State Land Company, appeal from Tuscaloosa Chancery Court, affirmed.
 Anderson, J.
 Mobile and Ohio Railroad Company, vs.. Christian Moerlein Brewing Com- pany from Mobile Circuit Court, re- versed and remanded.
 Fleming and Hines vs. Louisville and Nashville Railroad Company ap- peal from Mobile Circuit Court, affirm ed.
 John Winston, vs. The State of Ala bama, appeal from Walker Law and Equity Court, affirmed.
The Montgomery advertiser., 1906-05-11
Affirmed. Opinion by simpson. J.
 Haralson. Dowdell and Denson, JJa concur.
HILL vs. STATE. Decided April 8, 1906.) GAO So. ReI

HILL vs. STATE. (Decided April 8, 1s06.) GAO So. Rep 387.)
 1. Criminal law; evidenees ; cahclu- sions.-Whether 6 witness was in po- sition and close enough to have heard conversation. if it happened. is not conclusion. but statement of col lective fact, and it Is error to sustain an objection to such question.
 ?. Same; appeal: presumption oi prejudice.-Error will be presumed to be prejudlcal in a criminal case, un- less 1t affirmatively appears to have been innocuous.
 8. Same; curing error.-Although a witness detailed the conversation, stat ing that he heard all that passed be- tween those holding same. yet this did not render an error in excluding evil dence of the position and closeness of the witnesses to those holding the con- versation innocuous. or bring it within the terms of Section 1888, Code Of 1S90.
 Appeal from Anniston City Court.
 Heard before Hon. Thomas W. Cole man, IT.
 Reversed Opinion by Anderson. J.
 Haralson, Dowdell and Denson. JJ., concur
The Montgomery advertiser., 1906-05-11
MR. JONES LEAVES.
RIorence Baptist Preacher Accepts Caii
 To Kentucky


 Florence. May 1o.-- (Special)-- Rev. J. B. Jones. for the past two years pas. for of the East Florence Baptist Church. left yesterday for Williams town, Ky, where he has accepted . call
 His resignation was handed in ten days ago. This leaves the two Baptist pulpits of the city vacant, Rev Robert Tandy of the First Church having ac- cepted call to Haziehurst. Miss. sev- srai months ago.
 Mfr. Jones was accompanied as far as Chattanooga by Rev R. E. Paulk. Rev. T. R. wiggs Miss Tellie Lindsay and Miss Vernon Jones. who go as dele gates to the Southern Baptist Conyen- ton in that city.
 The rain and cold weather have greatly retarded the ripening of the strawberry crop in this section, but wit hthe exception of the early variet- les no harm has yet been done. Ar arrangements have been made with the Armour Company for refrigerator cars. and it is expected that with a few warm days berries will be shipped out by the car load.
The Montgomery advertiser., 1906-05-11

law tried by the court without a jury, whether civil or criminal; but this court will not disturb the finding of the lower court unless the same ap- pears to be plainly erroneous.
 2. Intoxicating Liquors; Sale to Mf- nors.--A person selling liquor to a mi nor, who does not disclose that he is purchasing for an adult third person, although he Is in fact so purchasing for such third person. Is guilty of sell ing whiskey to minor. Justices Dowdell and Simpson dissent.)
 8. Same; A minor was employed by a hardware company, composed Of his father and another. and was ordered to purchase liquor for the third per son: held. the order was not connect ed with the business in which the per sons were engaged. and such third person did not have control of the mi- nor, so as to bring the sale within the exception to 5o7s. Code 1898,
 4. Same; Evidence; Sufficiency; Evi- dence in the case at bar examined and held sufficient to warrant a conviction for selling intoxicating liquors to minor. .t
 Appeal from Anniston City Court:
 Heard before Hon. Thomas w. Cole man. Jr.
 Rehearing denied April 3, 1906.
 Affirmed. Opinion by Simpson, j.
 HAralson, Tyson, Anderson and Dem son, JJ., concur.
 Dowdell and Simpson. JJ.. dissent.
 Mcclellan, C. J.. not sitting.
The Montgomery advertiser., 1906-05-11
TMo Rrofhcra KilIed.

Conroe, Tex, May 9.--John and Steve Besson, brothers, were shot and killed this morning by Harry Bendy. at a saw mill about two miles from this place. Bendy is foreman of the mill. The men killed, former employees, appeared at the mill this morning and attempted to close it down. Bendy remonstrated with them and finally succeeded in partly pacifying them. They returned later, however. and advanced on Bendy with drawn knives. when he opened fire on them with a shot gun. killing them both instantly.
The Montgomery advertiser., 1906-05-11
,na sou,h were engaged.

and South were engaged.
 This splendid set of books can pe obtained in connection with a suo- seription to The Daily and Sunday Aa- vertiser. If you are interested m sno hiank below and send to The Adveru- ser Company, Montgomery. Ala Please inform me Low to optaih ..Mossages and Papers of the confed- eracy,"
 Name. .. .. .......s,.''' .''..'.'
 City. :. .. .........'.. State.. .. .. .. ........'..''.
The Montgomery advertiser., 1906-05-11
MOoG V. DOE ex dem. McDERMOTT
 et al

ct al. Ejectment.-Decided Feb. IT, 1906)"--
 GAO So. Rep. 390)
 1.--Execution from Justice Court; Return of Levy; To what Court made.--, The City Court of Mobile Is without Jurisdiction to make an order for sale of lands levied on by attachment from a Justice Court, under sections 4S1, 574, 944. 1s47 and 194S, code 1896.
 Appeal from Mobile Circuit Court. Heard before Hon. Samuel E. Browne. "Rehearing denied April 3, 1908. Reversed and Remanded. Opinion by Dowdell, J.
 Tyson, Anderson and Denson, U. con- cur.
The Montgomery advertiser., 1906-05-11
WILL SPEAK AT BRILLIANT.
Dr. Cunningham Has Engagement in
 Marion County.

Announcement has been made that LIeutenant Governor R. M. Cunning- ham will address the people of Marion County Saturday. May 12.
 The occasion will be the laying of the corner stone of the Brilliant Fe- male College. a new educational inst- tuition now in the course of erection At Brilliant. The corner stone will be lafd under the auspices of tho Masons and pr. Cunningham has been selected to deliver the address.
The Montgomery advertiser., 1906-05-11
CALUMET COAL CO, V. CoRDovA c
 L. and l. Co.

Ejectment.- (Decfded Feb. IT, 1906.)S--
 GAO So. Rep. 390)
 --Ejectment: Judgment; Form. If the defendant enters a disclaimer as to the lands sued for in ejectment. a judg- ment for the plaintiff as to the title to the lands Is erroneous. ejestment being an action for possession, and not to quiet title.
 2--Same; Disclaimer; Election by Plaintiff.--If defendant enters a dis olaimer as to the lands sued for yin ejectment. the plaintiff may take is- sue on the plea of disclaimer, and upon proof of defendants possession, at tho commencement of the suit, have judg- ment for possession of the lands, the value of their use and costs; or he may decline an issue on the plea of disclaim- CT and, in that case. defendant has no plea to file, and takes Judgment for costs against plaintiff. tht plaintiff be- ing entitled to a judgment for posses sion for want of plea, but without damages and costs.
 Appeal from Walker Circuit Court.
 Heard before Hon. A. H. Aston.
 *Rehearing denied April 3. 1906. Reversed and Rendered. Opinion by Simpson, J
 Haralson, Dowdell. Anderson and Denson, JJ.. concur
The Montgomery advertiser., 1906-05-11
HOLMAN V. CALHOUN.

HOLMAN v. CALHOUN Action on Note.-- -(Decided Feb. S., 19o6)
 GAO So. Rep. 356.)
 1.--Principal and Agent; Acts of Agent; Ratification Although an agent has no authority to make a war ranty In a sale. yet if he does make such warranty in a sale. and the principal ratifies the estate. he is bound by the warranty. although the princi- pal did not know of the warranty as made
 2.--Trial; Directing Verdicts; Conflict in the Testimony.--Wh there is a conflict in the testimony the affirmative charge is not properly given.
 3.--Sales; Actions for Price; Instruc- tions.--A charge that requires that the jury must believe that defendant has paid plaintiff the value of the mules or return a verdict for plaintiff, is mis- leading, where the action Is for the purchase price and the defense is a breach of warranty in the sale, in that 1t might lead them to the belief that 1t was their duty to find for the whole amount sued for. 4.--Trial; Instructions; Comments on Evidence Instructions of the effect of evidence should not be given.
 Appeal from Houston Circuit Court
 Heard before Hon. A. H. Aston,
 Reversed and Remanded. Opinion by Dowdell, J.
 Tyson, Simpson and Anderson, JJ,, concur
The Montgomery advertiser., 1906-05-11
IMPORTANT TO RETAILERS

Hyou like the idea of Sqaa,s Deal for yourself and for your customers and desire to give the best possible values in order to retain your old customers and build up new trade you should carry full line of the American Cigar Company's products; for they represent the very best values possible to present to the public.
The Montgomery advertiser., 1906-05-11

USE oHENEY's ExPEcToRANT promptly for coughs and colds, and prevent pneumOnia. 25e Q bottle at all drug stores.
The Montgomery advertiser., 1906-05-11
TONY V. STATE.

Selling Liquor to Minor.-Decided Feb.
 IT. 1906. GAO So. Rep. sSS.)
 court to rview the findings of the trial Court.-The act requiring the supreme court to review the ndings of the trial court without any presumptions as to their correctness, applies to all cases at
The Montgomery advertiser., 1906-05-11

lfshed by parol evidence, but only by written instrument. as Is required by Section 1041, Code 1896.
 Appeal from Colbert Chancery Court Heard before Hon. W. H. Simpson.
 sRehearing denied Jan. 30. 1906.
 Reversed and rendered. Opinion by DoWdell, I.
 Mcclellan, Haralson and Denson, JJ., concur.
The Montgomery advertiser., 1906-05-11
LOCKE EFT AL vs. MARTIN.

 Bill to Declare Conveyance Gen.
 eral Assignment.-Decided Febru-
 ary IT. 19O6.) { 40 So. Rep. 3s7o
 1. Assignment for benefit of credi- tors; what constitutes: deed to single creditor-When a debtor conveys all or substantially all of his effects to a creditor in payment of his debt to such creditor, 1t constitutes an assignment for the benefit of all his creditors, un- der Section 215S, Code 1898.
 2. Same; administration; demand When a debtor conveys substantially all of his property to a creditor in payment of his debt. to the exclusion of his other creditors, equity will without the making of any demand up on the creditor holding the assigned es- tate, take charge of it and administer It for the benefit of all the creditors. the holding of the assignee creditor being antagonistic to the trust.
 Appeal from Calhoun Chancery Court.
 side.
 Rehearing denied April 8, 1906.
Montour American. (Danville, Pa.) 1866-1920, 1906-07-19
FISHING FOR BIRDS.
Catching GuIIs and AIbatrOss WItk
Rod and Line.

Curious though it may seem, it is
fact that birds are caught with rod and
line in many parts of the world. The
pastime is declared to be almost as fas
cinating IA, fishing. Gulls in Newfound-
land are caught in this way in large
quantities. Ia \"w England fishing for
gulls and petreIs is an important in
dustry
The method Of bird fishing is practi
cally the same as that Of ordinary
rshing. Two men % ont in dOry and
,Wow pieces OF cod liver on the water,
when large quantities of birds have
been attracted to the spot more cod
liver is thrown out on Il hook. This the
birds greedily swallow and thus fall
easy victims.
Albdtross are fished for in the same
way off IN Cape Of Good Hope. A
piece of pork is attached toSl long line
and thrown overheard The bird will
cye it for long time, gradually and
cautiously making toward it. Suddenly
Lr will size it and hold it IN his beak.
When he discovers that he is caught he
'-ill sit on the water and vigorously
Zap his wings However he will be
drawn into 1ne boat and made a cap
tive
AlbaUoss fishing is good sport, since
the bird requires careful handling. so
long as he pulls against the line it is
easy enough. The moment however,
no SvyimS forward tho hook will drnn
from his beak unless it is skillfully ma
nipulated. and the bird will find him
self free.
Montour American. (Danville, Pa.) 1866-1920, 1906-07-19
MINING FOR RUBlES.
The Primitive Methods That Are Stin
In Use I'm Burma.

The system practiccd for obtaining
ruhics IN the mining districts in Bur
ma is of the most primitive descrip-
ton. says the Searchlight The mining
shafts are simply holes about two feet
square sunk 10 depth varying up to
fifty or sixty feet The snoring up of
the walls of the shaft is most crude,
the sides being supported by posts at
the corners aud branches of small
trees secured carefully against the
sides by means of stout sticks.
The miner carries Il tin pot similar in
shape to Il blunt edged cone on his
head lie squats down in one corner
and digs between his knees in the Op-
poSitc corner. The earth, or byon, as
the ruby bearing earth Is called, is
conveyed TO the top as fast as 1t is ex-
cayatcd in small buckets let down
from above.
The apparatus for raising and lower
ing the buckets is simple in the ex-
treme \ stout bamboo post about
twenty feet high, called a maungdine,
IS fixed upright in the ground at a con
vcuient distance from the pit, or dwin,
and q luur. thinner bamboo pivoted
horizontally into the upper end of 1T so
as to project an eighth from the mine
and the long arm toward the mine.
Montour American. (Danville, Pa.) 1866-1920, 1906-07-19
KTTTV'S
KISSES
BY EPES w. SARGENT
C0pmight, Ie1f. bg Bl3g Douglas

IT'S for charity, Jack reminded
Katherine
1T has always been said" he retort
ed, that charity covers a multitude of
sins"
You are impolite," she scolded. Il
am sure YOU might know that | would
not do anything wrong. If I want to
sell kisses for a dollar apiece, ! don't
see why you should object. You have
not established a monopoly
Il don't know that am particularly
anxious to-" he said coldly. What first
attracted me to you was the fact that
in spite of your popularity not " breath
Of scandal had ever touched you. Now
you purpose selling your caresscs at a
dollar each for the St Marks fund,
and you are surprised that | should
object"
Because you should know me well
enough To bc as :ured that | would not
do such a thing unless | was satisfied
that il was proper"
There May be a divergence of opin-
ion rs to the pgopricty," he said. Il
must insist, or
Il ruasS it might as well be or, >" she
lau.h,d. "s hen YOU assume such
tr. ii pose ii SHOWS that you are in
ncgI OF al."
sag held OF the ring, and without a
wo-i he took it and left the room.
Before IT, had descended the steps
Preston was minded to 30 back and
apo.o i"n. bit he felt sure that the
brcrkin, ca the engagement would be
a sharper lesson than any argument.
Somehow he did not fare we'll when he
argued with Kitty. She never lost her
temper. and this always put him at a
disadvantage.
The announcement that Katherine Ell
licott was to sell her kisses ut the st
Marks fair had its intended effect.
Kitty was the undisputcd belle Of her
circle. ana more than one unfortunate
swain wondered why she did not de-
Montour American. (Danville, Pa.) 1866-1920, 1906-07-19

'In my morning walks, remarked a
Brooklyn clergyman IN referring to his
vacation. Il had as companion an
elderly gentleman, whose acquaintance
| priced highly After a cross country
ramblc Of five miles one hot afternoon
we stopped at a farmhouse for drink
of milk. l drained my glass, ana how
refreshing It was, But the old gentle
man drank lIshdy and set his glass
down with a looIly portion of the rich
milk untouched.
VERY fne drink he said as we re
sumcd our jauut.
"'Thcn why didn't you drink all of
itT | asked.
"'That'S the way ! make my contri-
button to the conscience fund he cX-
planned seriously When I was a boy
l worked on a farm and was taught al.
ways, after rinsing, to leave a little
water in the milk cans New York
Times.
Montour American. (Danville, Pa.) 1866-1920, 1906-07-19
CURIOUS LAND LAW.
Owners In BeIEium DO Not Control
Heyond a Certain Depth

o,o.or tho c1ri,ng ,,h,.os of tho land
- =. r..,,,t,,.,. T.. l..,+ t,, oort,, 90
49,, ,'..,,,,. ,,...,,.. 49,
Iot ''i"'- - INN '''i'"i' ''' -" '''i
OF lhe surface discover coal OF Gold
deposit underlying his property he
must first obtain a government conceS-
sion before hc can begin mining opera
Gons. The land beyond the prescribed
J,,,+, fu which ,-n.,ItI i'm tho r,,v has
Montour American. (Danville, Pa.) 1866-1920, 1906-07-19
KEEP THE LIVER CLEAN.
pon't OvcrworI, IL and Give IL n Rest
Once In Awhile.

4 man of common sense and doc
tor mo talt said: The liver is misun-
Gcrstood and undcrestimated in its
functions. If it can he kept clean and
active there Is no reason why we
should ever be i'll day, and we should
live 20 bc lIO or 200 years old. 1t is not
necessary 10 rip this organ all to pieces
with ten grains of calomel to get it
stirred up The best thing to do is to
shat OF yom food supply for two or
three days. drop your whisky and
clar.t. your ten and coffee, and give
your liver chance to rest. This should
bc done once n month"
II is wen known, Of course, that in
olGeu times the liver was supposed to
be- the seat of the affections. Friends
when they met in the morning did not
salute each other with "How's your
hellthT' but with "Hows your liverF
AIon take horseback exercise principal
IN for their liyeTS. \ good shaking up
every morning drives away the cirrho-
ucbiIlary oucroachmcnt 1t IS an error
To assume that whisky alone produces
cirrhosiS Oycrfccdng is more often
the cause. If the digestive organs
would organize a union and work only
eight hours a day all Of US would be
healthy and long lived The trouble is
we require the liver, stomach, bowels,
heart, brain. muscles, nerves kidneys,
spleen. etc. 10 work all the time and
overtime. Wrong. Give them a rest
New York Press.
Montour American. (Danville, Pa.) 1866-1920, 1906-07-19
REGULAR LIVING.
What Mature Dcmcnds In Return For
Coed Health.


First Of aI one thing that nature
Tou't stand irryguarity. We cannot
safnly bottle up sleep tonight for to-
morrow nights use. nor force our stom-
achs one meal because we expect TO eat
sparingIy thc next. uor become exhaust
ed in working night ana day, expecting
TO make it up Later
Nature does nothing before her ap-
pointed time, and any attempt to hurry
her invariably means ultimate disaster.
She takes note of all our transactions,
physical. mental and moral, and places
every item To our credit.
There is no such thing rs cheating ma
turc She may not present her bill on
the day we violate her law. but If we
ovcrdraw our account at her bank and
give her % mortgage on our minds and
bodies sine viii surely foreclose. She
may lend us all We want today, but
tomorrow, Ike Shglock. she viii de
maud the last ounce of flesh. Nature
does not excuse man for weakness. in
competence or ignorance. She demands
that hD be at the top Of his condition.
Natures machinery. as it exists in
the human body. is most complicated
and dclicatcly adjusted. No machinery
constructed 10y man can compare with
it In the perfection and proportion OF
all its working parts. Every machinist
knows that his wheels and cams and
gearing must run absolutely true and
with uniformity or they win soon break
down. II is the same with the machine
that keeps lhc human body going
New York American
Montour American. (Danville, Pa.) 1866-1920, 1906-07-19

A little Girl, the French critic Sarcey
related, once presented herself at the
Paris Conscrvatoire in order to pass
the examination for admission. All
She knew was the fable of The Two
Pigeons" but she had no sooner recited
the opening lines when Auber stopped
her, with a gesture.
Enough he said. Come here, my
child"
The little girl, who was pale and thin,
but whose eyes cleaned with intelli-
gencc, approached him with an air Of
assurance.
Your name is Sarah?" he said.
"YeS, sir" was the reply.
You are a JewessF'
''Eos. sir, by birth, but l have been
baptized
''sho has been baptized" said Auber,
turning to his colleagues. "She has
said her fable of The Two Pigeons
very well sac must be admitted"
Thus Sarah Hcrnhardt. for it was
she. entered th" Conscrvatoire.
Montour American. (Danville, Pa.) 1866-1920, 1906-07-19

where's the gentleman 1 was talk
ing with a few minutes agoW she ask
cd OF the clerk.
Gone of i'm his auto the clerk re
piled politely Seemed in hurry"
The young lady stared, then her eyes
filed with tears, and she turned hur-
ricdly and lcf, the room.
Meanwhile Townsend was defying
all consequences of speed in his mad
rush to the city forgetful that the
train was being rapidly left behind.
When he reached the residence of Miss
Ellis IT was stopping at a way station
three miles away lie slipped into the
vestibuie, wet and miserable
4 half how later her carriage drove
mp and stopped beside his automobile.
lie was at the carriage door when 1t
opened. As She saw him Miss Ellis
rccoilcl, her face darkening.
You here" She began.
1T was my sister You saw" he broke
I'm hurricdly and incoherently. Just my
sister Edith; and
Il thought she was in Mexico"
coldly.
"Shc was, but they got back earlier
than expected And now / suppose she
is cross. too. from the way | left"
Miss Ellis waited inquiringly, but as
ne exclaimed her face cleared like the
Sky after the shower. When he finish
cd she was smiling.
Il think we can make it all right.
Harry. she said She never had used
that name before. You run on to
your hotel and put on dry clothing, and
l viii 20 in and do the same. Be back
here I'm half an hour or so, and We'll go
out to the hotel and spend the evening.
Your sister viii laugh with US when
she hears the explanation. Hurry
Harry Townsend did hurry, and now
his own face was as clear rs the un-
cloulcd sky.
blessed old April shower" he cried
rs he spran- into his automobile. ut
helped me on with Miss Ellis more
than wear or ordinary acquaintance
could have done