davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1906-04-28
TEAGUE V. STATE.
Assault with Intent to Murder.--(De cided Feb. IT, 1906.)-40 So. Rer 312.)

Assault with Intent to Murder"-(De-
 cided Feb. IT, 1906)-40 So. Rep.
 312)
 1.-Criminal Law; Evidence: Res Gestae.-Evidence that after the shoot ing severel parties came to witness store and got guns and ammunition and started after defendant. and that after the shooting witness got a gun, Is not admissible for the defendant. as part of the res gestae of the assault with intent to kill.
 2.-Criminal Law: Evidence; Habits of Party Administrations of the babits of party assaulted in respect of his getting drunk when in town. was inadmissible, though proof of his condi- ton as to soberness at the time of the difficulty would probably be.
 3.--Indictment and Information; Va riance; Motion to Quash.- --The fact that there were two persons of the same name, one being Junior and the other Senior, and the indictment charged an assault with intent to murder such per son. without designating whether the Junior or the Senior, was not good grounds for a motion to quash the in dictment, where the evidence showed the assault to have been on the Junior, the words Junior or Senior, being mere ly descriptio personis, and no part of the persons legal name.
 4.--Same; Signature of Solicitor: Va lidity.--A indictment in code form in- dorsed as "True Bilr' and signed by the foreman, Is valid, although not signed by the solicitor at all.
 5.--Criminal Law; Appeal; Harmless Error.--Where 1t is shown in the bill of exceptions that the court refused to allow the State to introduce any part of a showing for a States witness, any error committed by the court touching such showing, is harmless to the de fendant
 6.--Same: lnstructions--Ch which single out evidence, or give un- due prominence to the testimony of named witnesses .and charges which are argumentative are always properly refused,
 7.-Same Instructions.--A charge which ignores freedom from fault in the defendant, or in third person in bringing on the difficulty. and charge which requires an acquittal unless the iury, believe the defendant intended to kill the person assaulted. are erroneous and properly refused.
 Appeal from Crenshaw Circuit Court. Heard ebfore Hon. J. c. Richardson.
 Affirmed Opinion by Haralson, J.
 Dowdcll, Simpson and Denson, JJ, concur.
The Montgomery advertiser., 1906-04-28
GOODWIN. JUDGE OF PROBATE, vs.
 cHERER ct al

GOODWIN. JUDGE OF PROBATE, vs.
 SHERER. ct al
 Mandamus to Compel Judge of Pro
 bate to Issue Mileage and Per Diem
 to Commissioners. (Decided Feb.
 s)-(40 So. Rep, 2I9.)
 i Mandamus; functions of writ; trying title to off1ce.--Mandamus can not be maintained to compel a Judge of Probate to issue mileage ana per diem to County Commissioners where 1t appears from the anxwer that otner persons were claiming to exercise the rights and powers of the office claimed by relators. there being approPria'eu legal remedies to try title to ohce. 9 Same: pleading. answer.-In a n,andamus proceedings to compel Judge of Probate to issue certincates for mileage and per diem to Commis, sioners. an answer which sets up that other persons are claiming and exer- cising the functions and powers per taining to that office, Is not demurrapie as an attempt to try title to the once it being defensive matter proper to De set up by answer.
 2. Same; joint reslators: separate interests cannot be main tained Jointly by two relators whose interests are separate. as each party must have clear legal right with re- spect of the entire cause of action pre- sented.
 Appeal from Fayette Circuit Court / Heard before Hon. HI. Sprott Reversed hend remanded Opinion by Denson, J. Haralson, Dowdell and Anderson,NJJ.. ! concur
The Montgomery advertiser., 1906-04-28
NOTABLE EARTHQUAKES IN HISTORY:
 MANY WHOLE CITIES DESTROYED

s .G is % s 500 towns destroyed m ss,a ss ii .,: M M s s % tn. 5: .:. ruins: several neighbons 7oooo lives s s ;, % CITY e''hss Poar sss s,dIs .Eupo % s a' practically Vs building ::: ss:: % :: . ;;ss s..s: :=s4:: . % ~ .. m GRAND "ns CAIRO Egypt partly demolished persons aurro ass Eea.ao destroyed no "s'@Sa' earhqua1el no s ssa s whole rs s us e ss spsn psfa 'ns1ss sss es pa s.s sss & sand of % % MaasFs shi haa aasS ae extended 5000 miles reaching .:. l. CITY Ss sy completely .s. 9 ss % m m sssr 1.1ss town: in italy taoa ~ ands perisSed he'd ""'.o ~ ...s............... 5 ssssss ssss ss ss ' s5 % : % ''s%i a s v,LLssS iSo OF ST. MICHAEL
  ;;a f:s y ::s: live. 1: : destroyed; 10000 lives
  
 lives " ....... March persons killed ..... .................... n destroyed; oooooo. .....,.............. 1868 ~ desoved. lives
 
 
 ~ fife heavy - -........ .................. oct homes demolished ....,....:........... fouh of city destroyed persons pershed Augs s, Lyons France and Geneva seiIe Nice buildings demoished 2O0 deaths terrtor  destroy of life not estimated; cahe-
The Montgomery advertiser., 1906-04-28

where the seam Is 36 inches thick This same coal was mined some forty years ago, bbt becasue of the difficulty in getting it out the mine abandoned and long has it been that 1t had been forgotten that the coal seam was there. The coal Is of a very high grade and it is probable that large company will be formed and that there VIII De much money spent Tn deveiopInents. which occurred at Apopka, Fla. yesterday has been received here. by the deceaseds brother. Captain W. A. Collier. Captain Collier returned yesterday from his brothers bedside The deceased man a member of the class of 'SS at the University and was reared here He Is survived by a mother and two brothers. Captain Collier of this city and c. G. Collier of Dadeville. Ala. and wife and several little children
The Montgomery advertiser., 1906-04-28
G. DEER & SONS CO. vs. PHILLIPS
 BURTORFF MFG. co.

BuRTORFF MFG. CO Statutory Claim Suit--(Decidcd Feb. <, l906.)--t40 So. Rep. 27S.) l. Garnishment: suggestions by gar nishee that another claims: issues - When garnishee answers indebted on contract of insurance. but suggests that another claims the fund by transfer or policy. and such person propounds his claim under such transfer. the only ds- sue presented is the fact of such trans fer and it's bona fides.
 Q Insurance; assignment of policy; validity.-Although cn insurance policy contains a stipulation prohibiting as- signment, an assignment of the policy by insured, properly endorsed on the policy after the fire, is sufficient, un- der Sec S76, Code of 1896, to author ize the assignee of the policy to main- tain an action on 1t.
 B. Appeal; presumptions.-Alth the record shows certain special pleas filed, If the jtNgment entry does not show an issue joined on such pleas, 1t will be presumed on appeal that the cause was tried upon the statutory is- sues.
 {. Fraudulent conveyances; proper ty conveyed.--If an insolvcnt debtor conveys property in payment of pre- existing debts. which does not mate rially exceed in value the debt due, and
  veyance is lawful. whatever the mo- tives of the parties or badges of fraud: and in the case at bar. although the property conveyed was greatly in ex- cess of the debt due and the assign ment was indivisable, yet evidence was received without objection and without conflict that only so much was con veyed as would pay the debt, and the clain ant was entitled to the affirma- tive charge.
 5. Garnishment: claim by third person; judgment-A judgment which shows & finding against the plaintiff in claim suit, although not correct in form. is sufficient. and, at least the plaintiff Is in no position to complain.
 Appeal from Marshall Circuit Court.
 Heard before Hon. A. H. Alston.
 Affirmed. Opinion by Anderson. J.
 Haralson, Tyson. Simpson and Den son, JJ.. concur.
The Montgomery advertiser., 1906-04-28
PSYCHOLOGISTS GIFT.

Dr. Devine Authorized to Draw for
 &33O 52. Tuscalosa. April 26.-(Special. 1.-The fol- lowing telegram was sent to San Francisco yesterday afternoon:
 Tuscaloosa, Ala. April 25. 1908 Dr. Edward Devine.
 Secretary Red Cross,
 San Francisco. Cal. Tuscaloosa contributes $330. 52 to the re lief fund of California. Draw at sight for the amount F. c. BLAIR,
 Mayor. J. S. Baker brought in wagon load of coal which was mined at the seven mile post on North River day so ago. This coal was taken from the bed of the river
The Montgomery advertiser., 1906-04-28
ObstruCtors of the Panama Canal

Wall Street-that IS, the railroads.
 For the sake of a few more dirty dollars and the tempo rary interests of a couple of railroads, they are doing their best to hold up this magnih- cent undertaking. t
 Fair means or foul: the latest is sending labor-agita- tors to upset the already diff ficult labor-arrangements.
 But the President and Taft and Stevens are making good in spit O them.
 Everytoly's for May.
 EN9lubOdNJ
 Nb@gazxNe i 1s cents copy sI, year
Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1906-10-05
HOISlNGTON.

From the Dispatch, Sept. q.
A son was born to Oscar Jessup
and wife last Wednesday evening.
Born to Mr.. end Mrs. Jim Peugh
"Wednesday morning u pound boy.
Jesse Almond and wife are u tx
celsior Springs for the benefit OF
esse's health.
Mrs. Ouo Blood and son arrived
from Cameron, Mo-, last week and
will make this city their home.
An organization was perfected at
the Y. NJ. c. A last Friday night that
assures US good lecture course con.
sisting Of four entertainments this
winter.
Boilermaker Abel and wife have
returned from Colorado and are Wis.
iting friends in town few days. Mr..
Abel will return to work here if he
can find a house.
Brakeman Ray Wilson Of this city,
was badly hurt near Lyons Saturday
night ty falling from the top Of train
rs. His arm and collar bone were
broken and he received bad cut on
the head. The engine and caboose
were cut of and Ray was taken to
Wichita from where he was sent to
the hospital at St. Louis.
Frank Roesler, W. F. Graham,
Gaylord Beard and ". A Cornelius
have put new duck oats on the bot
toms. The water is TOO deep to wade
and it is necessary to have boat to
get at the ducks. Old timers sho
have been on the bottoms lately say
that there has not been as much wat
er there for 90 years or since the big
cloudburst on Deception creek.
Ducks are very numerous on the bot.
toms but are hard to get.
Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1906-10-05
PAWNEE ROCK.
ON the Herald. Sept q.

From the Herald sept u.
Ralph PAXTON will commence
his school in district No. 80 Mon
day.
Mrs. H. Ellis, mother of Chas.
and Wilbur came in last week for
a visit with her sons.
Miss Helen Logan had the mis-
fortune to injure her foot quite
badly by stepping OIL nail last
Friday.
Clarence Barrett killed an eagle
Tuesday afternoon which meas
ured 6 feet Z inches from tip to
tip.
The editor was called to Perry,
Oklahoma last Friday evening by
a telegram stating that his father
was very sick.
Miss Ruth Gary spent a few
days in the country last week, the
guest of Mrs. John Hanson who
gave a dinner in her honor Sun.
day.
Chas. Lawhorn is getting things
in shape to commence building his
new cement stone residence on
the lots west OF R. e. McDougal's.
Mrs. P. Bloom went to Lewis
Friday to be with her daughter,
Mrs. j. B. Vosberg. who is suf-
ferlng from severe attack of in
hammatory rheumatism.
A decided Improvement has
been made in the appearance Of the
lots between the Brown property
and Loagn's store. Simply cut the
brush" Try this plan and note
results.
H. E. Powers and Norman Con.
verse visited school at district No.
s Friday. This is the new district
that was organized last year. A
new building has been erected ard
from an architectural standpoint is
superior to most country schools.
The furniture and fixtures are OF
the best. and an ample supply OF
teachers charts, globes etc, is to
be found. Miss Adah Converse is
the teacher and is doing excellent
work. TIE board is to be congrat.
ulated upon their good judgement
in securing her services.
Miss Clara Hollingsworth has tax
en- a position as operator with the
Great Bend Telephone Co.
Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1906-10-05
ELLINWOOD.
From the Leader. Sept. y.

From the Leader. Sept. y.
A girl baby was born to Mr..
and Mrs. Chas. Hinderliter of
route l, last Friday night.
Alois Etzler went to Sterling
Sunday, where he has secured a
position in Geo. Morris depart
ment store. -. -
Dick Bose returned Sunday
night from his ten days visit to
Nebraska His mother returned
with him.
Geo. DOtter mas recently pur-
chased quarter of land near
Dodge City for 81. 900. Western
Kansas land is splendid invest
ment Just now.
Mr.. and Mrs. Peter Schartz of
the south side, became the parents
of a baby boy about four o'clock
Tuesday afternoon. The little fel-
low lived only a short time.
Another fine boy arrived at the
home of I. B. Morris Saturday
morning. This makes only four
boys and Tom says after while
be may have a base ball nine of
his own.
Martin MusiI rece ived a com.
mission yesterday from Governor
Hoch, appointing him delegate
to the Farmers National Con-
gress, which meets at Rock Is
land, Ill. on October 8.
Vernon, the infant son of Mr..
and Mrs. COPY Chalfant, died at
their home northeast of Hoising-
ton Sunday morning at half past
seven O'Clock, OF pneumonia, aged
4 months and 81 days.
Jerry Piller writes a postal to
Fritz Etzbach from Dattenfeld,
Germany, saying he and his wife
and two children are enjoying
THEMSELVES in old Fatherland. and
sending their regards to all their
Ellinwood friends.
. John M.:.SchindIer, the young
man who broke into THUS meat
market, had his preliminary hear
ing before Justice Holman last
Thursday evening. He waived
examination and was bound over
to the district court Oh $1,000
bonds and is now in Jail awaiting
trial.
There was a dance given last
Monday night at the home of Mr..
and Mrs. August Stolz, ir. in
honor of Mrs. Harry Poyneer,
daughter of Mr.. and Mrs. Aug.
Stolz, ST. and sister of Aug. and
Albert Stolz. The dance was
we'll attended and everybody en-
joyed a fine time. Mrs. Poyneer
expects to visit a few months
with friends and relatives.
Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1906-10-05
FOR BOTH

One disease of thinness in
children is scrofula; in adults,
consumption. Both have poor
blood; both need more fat.
These diseases thrive on lean
ness. Fat is the best means of
overcoming them; cod liver oil
makes the best and healthiest
lat and
Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1906-10-05

Up at a Larned hotel this week
an Irishman was offered for his
dinner among other things, a dish
of hash. Looking at it askance
he pushed it away with the re-
mark: Let tn man who chewed
it ate it."
Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1906-10-05
CLAFLIN.

From the Clarion Sept. p.
W. c. Hamrick returned Sat-
urday night from Hooker, Okla.
homa.
L. G. Bailey has been
laid up with a bad attack of
rheumatism the past week.
NJ. A. Dowse has erected a new
slaughter house ABOUT half
mile east of town.
Frank Herthel and wife have
moved into their city residence
recently purchased from L. j.
Schmidt.
j. r. Stockwell built a cellar
for Mrs. L. K. McDermet the
past week. Mrs. McDermet will
remodel and enlarge her present
residence on the west side.
A. M. and George Calhoon,
respectively father and brother of
7. A. Calhoon, arrived Thursday
from Franklin, ILL.,, and spent a
few days visiting here.
After noting that the late sown
wheat last year made the best
crop A. Jordan, one of our old
timers, asserts that the same con-
ditions will prevail this season,
and that the early sown crops
will not yield as well as those put
in late.
F. W. Dolechek came home
from Cimarron last week to
spend a few days with his family.
He returned again the first of
this week. He has about 900
acres of seeding to do out in
Gray county and consequently
is a very busy man at present.
NJ. A. Dowse, while working
around ore of Dan Carey's
horses Tuesday afternoon, was
kicked in the face. The horse
was shOd. and conseoupntlv Mr.
Dowse's face was horribly cut
up, and it is a wonder the blow
did not prove fatal.
Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1906-10-05

Prof, j. j. Caldwell, democratic
candidate for county superinten-
dent was over from Hoisington
Saturday shaking hanos with his
friends on the streets of this city.
Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1906-10-05

A marriagelice was issued Sat.
urday evening to Joseph Suoebel,
aged 6S years, and Lottie Shealer,
aged 4S, of Odin, Kansas.
Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1906-10-05
LOCAL HAPPENINGS.

Said the fy: Let US 6eer'
Let us Ay." said the flea
So they flew though a flaw in
the Aue.
Mrs. Frank Lenger, on route 5,
called Saturday to renew on the Rust
Ter until September 1907.
Mrs. Wilson came over from
Hoisington, Friday for a visit
with Mrs. DR.. Howe of this city.
j. W. Racey of Galatia, is get
ting ready to move into his new
mansion couple of miles west Of
HOisington. '
Axell Wemmergren has col his
lamp wick holder patented, and is
preparing TO have them manufactured
and put on the market.
{. ii. Harter returned Friday
night from a business trip to
Kansas City ard other points in
the eastern part of the state.
Al Johnston of the south side,
came into the Office Sat. to tell
us that. after the water went
down he crawled out and came to
life again and feels as vigorous
as any of the boys who had him
drowned.
Henry Rohrbacher and wife
II the south side Of the county
were in the city shopping Friday
afternoon.
Ira u. Brougher has received
seven tomb stones that are to be
placed at the graves of old soldiers
who are buried in the cemetery
west Of the city.
Many thousands of bushels of
wheat have been put into the
ground during the past week, for
next years crop.
While YOU think about it, call
up phone 80 and tell US who are
visiting YOU, who you will visit
and any other item of local news.
Mrs. Leon Roberts came down
from Galatia Sat. and visited
Great Bend friends before going
on home to Kansas City.
Mrs. n. NJ. Ireland came in
from Kansas City, Friday even.
ing. to be with Mr.. Ireland who
is at the st. Rose Hospital. suffer-
ing from injuries received some
time ago by being knocked down
and run over By a team.
W. j. McGreevey has returned
to his home in this city from the
farm where he has been for the
past two weeks looking after the
fall work. Mr.. McGreevey
called at this office Saturday and
advanced the date Of his Rustler
subscription.
An exchange tells of a maidstone
at Hutchinson which has cured
229 people who had been attacked
with rabies. Mrs. N. r. Holmes
of this city has mad stone which
has been used here since the 7O's
and has also been made use of by
hundreds of people. just how many
we have no means of knowing.
Mrs. Will Hayes met with a
painful accident Saturday In
some manner she stumbled while
near hot stove and in falling
struck both hands on the top of
the stove, receiving some painful
burns. e
Wednesday evening Mrs. c. D.
Spaugh entertained a large num-
Der of young friends of her sister.
Miss Beatrice Weltmer. The &C.
casion was a surprise Oh Miss Bee,
who will shortly remove to Hutch
inson.
Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1906-10-05

Why do moi our churches get
together and put on lecture
course. as the "Oreoles" did some
years ago! That is the best way
for our people to be assured of
respectable winter entertainments,
in a room that is comfortable and
clean.
Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1906-10-05

Clerk of the District Court, S.
P. Plank, at Lyons, issued natur-
lization papers to sixty-one citizens
in two days last week. That is
making citizens pretty fast for
one man.
Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1906-10-05

What's the use of worrying,
Of hurrrying,
And sucrrying,
And breaking up their rest,
When everything is teaching us,
Preaching and beseechiug us,
To settle down and end.the fuss,
For quiet days are best!
Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1906-10-05

We know of one young man in
the city who got a post card this
morning that was not calculated to
make him any happier. The text
was, She Loves Me Not"
Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1906-10-05

Chas. LundbIade has let the
contract Tor the erection of a resi-
dence on his lots on Lakin Ave
nue., just south of his home place
on Forest Avenue. |. N. Wilhide
has the contract for the building.
Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1906-10-05

E. R. Moses returned Sunday
morning from a trip to Wichita.
Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1906-10-05

George Holman is very sick
down at Eureka, Kansas.
Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1906-10-05

GA = 10 n i a..
erbs 2Ia1 kad ig Sir saaE DcETH
-gn2tuTs " - 1|-,>--l-
Ct l<<1(<I 1GGt~<<Z
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-03-23
Meeting of Delegates Has Been
Postponed to Saturday.
SITUATION ADMITTED TO BE IN
TRIcATE AND DETAILS or
AGREEMENT NOT YET FIGURED
OUT - PROPOSED AUSTRIAN
POLICE POLICY WILL BE PRE-
SENTED.
BY Associated Press.

Algeciras, Mar. 22.-On account Of
the slight indisposition of the chief
of the German mission at the Moroc-
can conference, the meeting of the
delegates to-day was postponed until
Saturday. The new Austrian police
policy will then be presented.
The delegates agreed that the dis
puted points are being settled slow
ly, but the situation isANntricate and
the delegates do not see yet how ac
cord can be reached but no longer
doubt that an agreement will be
reached.
It became known late in the day
that the Austrian amended PROPOSE.
ton has taken definite shape and the
exact wording is now being settled.
Ambassador White and the British
and American delegates are together
engaged in smoothing over the re
naming difficulties.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-03-23
INCENDIARlES
FIRE COTTAGE
UNoccUPIED HOUSE, OWNED BY
LESLIE E. BROOKS, WAS BAD
LY DAMAGED.

An unOccupied cottage, located on
East Jackson street, between Palafox
and Guillemarde streets, was badly
damaged by FIRE last night In fact
it was almost completely destroyed,
and will have to be rebuilt.
The blaze was discovered shortly af-
ter 10 O'Clock and an alarm from box
AZ summoned the fire department TO
the scene. The blaze, however, had
gained considerable Roadway before
the hose companies reached the scene
and began to play water upon the
flames, and as a consequence the en-
tire roof and portions of the sides Of
the building we're burned before 10
was finally extinguished.
The fire is believed. to have been OF
incendiary origin, as the building had
been unoccupied for over two weeks.
When the fire was first discovered the
flames were bursting through the roOf,
having started on the inside.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-03-23
RAILROAD RATE BILL
DISCUSSED BY SENATE

Washington, Mar. 22.-The railroad
rare bill occupied practically all Of the
time of the senate today. Two
speeches were made, one by Mr. Lodge
and the other by Mr.. SpOOner.
Mr.. Lodge spoke in advocacy OF his
amendment looking to the enlarge
ment Of the Interstate Commerce Com
mission and in doing so replied sharp
~ 10 some recent Utterances Of Com
missioner Prouty. He said some OF
the utterances Of Eugene V. Debs were
not capable Of doing as much harm as
some Of the utterances Of Mr.. Prouty.
Mr.. SpOoner devoted his attention
70 The constitutional powers Of in
farior courts, cOntending that these
courts could not be destroyed nor
heir jurisdiction taken from them.
The discussion closed with the usual
exchange Of cOurtesies between Mr.
SpOOner and Mr.. Tillman.