davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1906-04-30
,a related what had 3ust happened.

she related what had just happened. Mug was awake. His eyes met mine with something like a smile of recog- hilton in them. Sweat pearled on the gone from them. Sweat pearled on the narrow strip of forehead showing be- tween the tangled hair and the almost unbroken Inc of the eyebrows HIS mouth. wide-open to ease the laborious breathing, seemed abnormally large. Bending low over the boys gray face, ] tried to tell him that he would soon be all right.
 Mug cut me short with a scornful "Nawr' and then stopped. After awhile he gasped painfully.
 q ain't got no luck" he began. All dem sawbones wuz chinfn' atween themselves up in de udder room-dey inks me too dopey ter ketcb on, but hears all right. TOO high up.' one bloke sez-'a goner sure enough sex anudder No, I haint got luck at all, dat's wot de trouble wid me"
 But they tell me-" I ventured-
 "oh, don gimmie any gulf" Ills voice grew sharp with impatience. Its up. tell youse.'
 raise an inch from the bed cover, beck oned me to draw nearer When my face was close to his, he said:
 q wuz goin' to ax youse fir favor --it won't make you madT'
 Surely not, my boy" I was trem- bling so that had to put my hand on the bedstead in order to keep my stoop- ing position.
 ''Put me away" he whispered at last.
 He misunderstood my failure to grasp the meaning of his words at once. HIS eyes began to blink. Tears were coming
 1syuo,,,t ,,n,,aa do't " he whispered 'wot youse did fer fadderr'
 The look of him in that moment cut me to the heart I promised with nod-I could not speak ~
 "s'elp youse God" demanded Mug his eyes flaming for brief space with some of their wonted fire "so help me God" I repeated. solemn
 "An' youse won't trOw de old woman down?' .,. rbe nurse dragged mo away with gen. tie force.
 As the nurse and stepped out into +ba hall caught sight of a small wom- an huddled in a corner halfway down tha broad stairway, with her head hid den under a shawl. Now and then she groaned. -,-
 looked around in the direction of Mugs bed. Why Is she not there?'
 We dare not let her--the boy Is SO vveok and she will not control herself"
 My face probably showed what thought The nurse shook her head sadly.
 Not until he is beyond danser-one way or the other"
 I paused not knowing what to say
The Montgomery advertiser., 1906-04-30
Important to
 Montgomery
Profit by This and Find Safeguard
 Against Many Ills.

Against Many Ills.
 Nothing is more important to Mont gomery than the good health of her people How can they fill their place in this busy town unless they are well ?
 No one trouble is responsible for more nervous ills, sleeplessness, gem eral debility. weakness. backaches, rheumatic pains. even ill-temper and peeyishness than indigestion.
 Fortunately combination of reme- dies called Mi-o-na stomach tablets, has been discovered that absolutely cures indigestion and restores to health and strength the whole digestive sys- tenn. The use of Mi-o-na is q safe guard against many ills; 1t acts di- rectly upon the gastric glands and re- stores perfect action to the digestive organs. aids the assimilation of food, and so strengthens the whole diges- tive system that you can eat any thing at any time without fear of in- digestion.
 Just one little tablet out of so cent box of Mi-o-na before meals for a few days, and you will soon regain perfect health and strength, and be able to eat anything dieestible with out fear of stomach difficulties
 So reliable Is Mi-o-na in curing all forms of stomach weakness and trou- bles that E. G. Fowler gives a signed guarantee that the remedy will cost nothing unless 1t cures. Mi-o-na sells for 50 cents, ard is invaluable to any one who suffers with indigestion, ner- vousness or weak stomach.
 If not convenient to obtain Mi-o-na of E. c. Fowler or some other retailer 1t will be sent by mail postage pre-. paid on receipt Of price The B. T. Booth O., Ithaca, N. Y.
The Montgomery advertiser., 1906-04-30
HILTON & BENTLEY V. TAYLOR AS
 ADMINISTRATOR.

Breach of Contract of Sale.~-Decideo
 Feb. 8, 1sos.-(4o So. Rep 21a).
 1. Logs and Logging; Sale of Timber; Contract.--A contract for sale of tim Der from which to cut ties, by the terms of which the seller receives $500, with an agreement to refund to the pur- chaser of the timber the difference pe- tween $500. the amount paid. ana tne timber cut into ties at cents per ue' is enforceable against the administra- tor of the seller. the account having been filed with him in time.
 ?. Same Same; Preventing Cuttine- It Is immate-ial to the enforcement ot such contract. whether the seller pre- vented the cutting c. sumcient ues =. 5 cents per tie to make up the amount paid him or whether there was not enough timber out of which to out such a number of ties
 Anpeal from Houston Circuit Court.
 Heard before Hon. Terry Richardson. Special Judge
 Reversed. Opinion by Dowdell. J.
 Haraison, Anderson and Denson, JJ.' concur.
The Montgomery advertiser., 1906-04-30

of decedcnt, and not to the heirs and next of kin. In the absence of an aver ment of exemption. or the claim or a surviving husband, or the absence or sr sverment of no debts due by deced- ent ana want of necessity for person. al representative.
 s-Insurance: Person Insured; Estate of Decedent.--A policy of fire insurance Is not void because made payable to inc estate of a deceased person. ex- trinsic evidence being admissible to make payee certain. ,.
 Appeal from Tuscaloosa county Court. F Reversed and Remanded. Anderson.
 Haraison. simpson and Denson. J1'' concur.
The Montgomery advertiser., 1906-04-30
THE srArE V. THOMAS.

Prosecution for False Pretense.-Decio- .
 ed Feb. 8, 1S06.--(40 So. Rep. 2I1)
 1. Constitutionaf Law; Department of Government; Encroachment of Judic- iary: Giving Effect to Eyidence.-The act amending Sec. 4730 of Code (Acts 1903, p. 345) providing that the failure or refusal of any person, who had ser : tered into a contract for service, and obtained any money. etc, to perform such service or refund such money. etc. without just cause, such failure shall be prima facie evidence of an intent to defraud. Is not unconstitutional. as an invasion by the legislature o fthe judi cisl department of the State.
 Appeal from Montgomery City Court
 Heard before Hon. W. H. Thomas.
 Reversed and ren1anded. Opinion by Haralson. J.
 Rowdell, Anderson and Denson, JJ, concur.
The Montgomery advertiser., 1906-04-30

and then my attention was diverted by slight stir In the ward. A belr' rang sharply somewhere. Soon young doctor. with sleep-laden eyes and ruff fled hair. shuffled across the hall in bathrobe and slippers.
 The mother heard and turned her head
 The nurse was signing to her that she might come,
The Montgomery advertiser., 1906-04-30
SHIRLEY Y. STATE.


 Assault with Intent to Murder ---Decid-
 cd Feb. s. 1so6.--(4o So. Rep. 26s).
 1. Criminal Law; Appeal; Judgment Entry.--Although the judgment entry shows no formal adjudication of guilt. upon the verdict, yet, If the minute entry shows judgment of sentence by the court in accordance with the ver- dict. this imports sufficiently a Judg- ment of guilt. and Is such Judgment of guilt as will support an appeal.
 g. Indictment; Objections to Forma- ton of Grand Jurys--The failure of the minute entry to show that a foreman of the grand jury was appointed as is required by Section 6022, and the fact that the number of grand jurors was reduced to IA, and that Section 5023 was not complied with in making up the deficiency, went to the formation of the grand jury and fall within the cura- tive terms of Cection 52s6. and motion to duash indictment on these grounds was propertyy overruled
 Criminal Law; Assault with In- tent to Kill; Evidence; Previous Difi- culty.--Evidence of a previous difficulty is admissible in a prosecution for as- sault with intent, to show motive. mal- ice and intent; and evidence of the length of time iIl-feeling had existed between the parties was admissible for the same purpose.
 4. Same: Evidence; Res Gestae-An exclamation by one looking on just be- fore the shot was fired, Look! there is Isaac and Jesse going to shoot us!' Is competent as forming a part of the res gestae.
 Same: Evidence Taken on Pre- iiminary Hearing; Admissibility.- Where 1t is shown that a witness. who was examined on the preliminary hear ing and whose 4vidence was taken down and subscribed by him, lives in an- other State, and that when last seen was at his home in such State. lays g sufficient predicate for the introduc- ton of the written evidence of such witness taken at the preliminary hear ing.
 G. Witness; Cross Examination.-It is proper to allow the State, upon cross- examination, to ask witness for de- fendant, who had testif1ed that a States s witness had told him just after the
The Montgomery advertiser., 1906-04-30
HARRIS V. ALABAMA GREAT SOUTH
 ERIN RAILWAY COMPANY.

Action for Damages for Personal In
 juries.--Decided Feb 1T. -906.--(4o
 So. Rep. 26D.
 i. Venue; Statutes; Retroactive op- eration.--The act relating to venue of actions for personal injury, approved March 9th, 1903, (Acts 1903. p. 1s2) is not retroactive and has no application to suits commenced before It's passage.
 2. Counfs: Jurisdictions; City Court of Bessemer.-The act creating the Cry Court of Bessemer (Acts 1s00-01, ?. 1s54) and giving that court jurisdiction of personal actions of causes whish arise in certain designated territory whether the parties reside therein or not, does not limit the Jurisdiction to causes arising therein; and either party residing in such territory may bring his action there
 Appeal from Jefferson Circuit Court
 Heard before Hon. A. A. Coleman.
 Reversed and ren1anded. Opinion by Denson, ].
 Haraison. Dowdell, Simpson and An derson, JJ., concur.
The Montgomery advertiser., 1906-04-30

Capt Alexander Simpson has just completed his seventy voyage from England to Australia. He has been at sea forty years, and has sailed more than 100000 miles.
The Montgomery advertiser., 1906-04-30

At grocers everywhere, 10 cts. per pack age.
 Approved by Pure Food Commissioners. Highest Award Gold Medal, St. Louis, 1904.
 Send for eoIOred Illustrated recipe book. The Gsnssss Pure Food Co.,, Ls Roy, N. '.
The Montgomery advertiser., 1906-04-30
MOODY V. ATKINS.

MOODY V ATKINS. Bill to enjoin foreclosure of mortgage.
 Decided February 8, 1906. (40 So.
 Rep. 305)
 1. Evidence; mortgage: parol agree ment for extension of time of payment. "A parol agreement on sufficient con- sideration extending time of payment of a mortgage, is valid, although con temporaneous parol agreement can not vary or contradict it's terms.
 2. Mortgages: construction: right to foreclose-A mortgage which stipu- lates that upon failure to pay any in- stallment thereof at maturity, at his option, the mortgage may declare all the debt due. gives the mortgagee the power, on default In any payment, to proceed to foreclose for whole amount secured.
 8. Equity: pleadings; pleas to cross btll.-Pleas to a cross bill. not tested by demurrer. and on which there is a submission, when proven. entities the pleader to a decree on the pleas.
 Appeai from Pickens Chancery Court. Heard before Hon. Thomas H. Smith. Affirmed in part. In part reversed and renderd.
 Opinion by Anderson. J. Haralson, Dowdell and Densdn. JJ.. concur.
 HtrLsEY V. WALKER COUNTY. Bill for an Accounting and Injunction.
 -(Deoided Feb IT. 1906.)--(40 So.
 Rep. 3l1.l
 1.-Account: Equity; Jurisdiction.-- Equity has no Jurisdiction to entertain d bill for an accounting upon an al legation that 1t Is difficult to ascertain the amounts due without an account ing, 1t not being alleged that the ac- counts ara mutual and complicated
 2.--sDiscovery; Equity; Jurisdiction.--- FDauity has nd jurisdiction to eptertain a bill for discovery unless 1t is alleged
The Montgomery advertiser., 1906-04-30
ENGRAVING.

THE BEST-EenJ your work to us for eatis- factory results and quick execution. all known Droeesses The Advertiser 1Enercv- ing Co. phone ssTs NontEomsry. Al& e
The Montgomery advertiser., 1906-04-30
MISCELLANEOUS,

pREssMAKTNa--can be done by Mrs Rad Ford at No. 1T ". McDonough Street. at req konable prices and satisfaction guarantsed.
 Helaphons Nc. 1e2S. r-2t
The Montgomery advertiser., 1906-04-30
One never grows tired OH
 xgeM~O

Puddings and fancy dishes of every variety pail on the taste, but the jaded as well as the hearty appetite finds an <sver-new delight in Jell-0.
 It can be prepared In two minutes.
 JeIl-O comes in 6 fruit fiavors Lemon, Raspberry, Strawberry, Orange, Chocolate and Cherry.
The Montgomery advertiser., 1906-04-30
MARTIN v STATE. Indictment for Murder-Decided Feb

iHajctment TOT Murder.-Dec1ded FeD.
 8, 1906.--(40 So Rep. 275). i. Jury; Motion to ouash venire: Grounds--A motion to quash the venire based upon the ground that on the day of trial the sheriff borrowed from the defendant the copy of the indictment and venire served upon him. and kept 1t for about an hour. and returned 1t promptly on request of defendants counsel. is properly overruled.
 ?. Same; Drawing Jury; Identity of Juror.--It was error to put a juror upon defendant in a capital case, v-ho was drawn as H. Dudley. P, but whose real name was Hiram W. P.
 2. Homicide: Evidence: Admissibility Where the evidence did not show that the defendant vas not the aggressor, and 1t was not pretended that deceased was about to carry into execution any threats. 1t was proper to exclude evil dence of threats alleged to have been made by the deceased. {. Criminal Law: Question to Witness Where Answer Not Disciosed--One pur- posing to draw out certain testimony by a questian propoundcd. to which objection is made and sustained, should state what answer is expected to the question, if he would put the court in error in sustaining the objection to the question.
 Appeal from Russell Circuit Court. Heard before Hon. A. A. Evans. Reversed and remanded. Opinion by Denson, J.
 Haralson, Dowdell and Anderson, JJ., l concur.
The Montgomery advertiser., 1906-04-30

that the one seeking discovery cannot prove the facts without the answer of the defendant.
 Appeal from walker Circuit Court
 Heard before Hon. A. H. Benuers.
 Reversed and Rendered. Opinion by
 Haraison. powdsii. simpson and Dem son. JJ.. concur.
 BUNDLEY STOUDENMIRE V. THE STATE.
 Arson. Feb. IT. 1sos.--(4o So Rep.).
 1. Criminal Law; Arson; fnictment.-- An indictment which charges that B S. willfuiIy set fire to or burned dwell ing house of B. "A. K. in which there was at the time no human being; and that B. s. wiIlfully set fire to or burned dwelling house of M U.. in which there was at that time no human living. does not charge arson in either degree. and was subject to demurrer.
 Appeal from Autauga Circuit Court
 Heard before Hon. S. L. Brewer.
 Reversed and remanded. Opinion by Hara1son, J.
 Dowdeil, Anderson and Denson. JJ.. concur.
The Montgomery advertiser., 1906-04-30
RINGEMANN V. wIGGs BROS. e. ......., rsJatr, Sent -(Decided Ma

statutory Claim sent-(Decided May
 il. O5.)s-(40 So. Rep. s2s.)
 a.-Attachment: Claims by Third Fer sons; question for Jury.-on the trlal of a claim suit interposed to property ,av,ea on under attachment. the plain if. to make a prima facie case. be- ing required to show that defendant in attachment was in possession or inc property at the time of the levy, and there being a conflict as to this fact. 1t was a question for the jury. and the affirmative charge was improperly given for plaintiff. AnneaI from Morgan Circuit Court. Heard before Hon. W. R. Francis. Special Judge.
 Rehearing denied Jan. so, 1906. Reversed and Remanded. Opinion py Haralson. J.
 Tyson. Dowdell, simpson, Anderson S.sd Denson. JJ.. concur.
The Montgomery advertiser., 1906-04-30
HEwEs & BOOTH v. LOvEMAN. Assumpsit.--lDecided Feb. 8. 06.)-(4o

So. Rep. 5Ub.J
 Frauds; Statute of; Rent; Guaranty A contract between rental agents, and a house owner. by the terms of which the rental agents guaranteed to the house owner, if house was placed with them for rental. the sum of f35.00 per month, less commissions. was not with in the statute of frauds.
 AppeaI from Birmingham City Court. Heard before Hon. c. W. Ferguson. Afirmed. Opinion by Anderson. !.
 Tyson, Dowdell and Simpson. JJ. concur.
The Montgomery advertiser., 1906-04-30
NORWICH UNION FIRE INSURANCE

COMPANY V PRUDE, ct al. Action on Fire Insurance Po1ioy.-(De-
 cided Feb. IT. 1s0e.)-t4o So. Rep.
 322.)
 f.--Insurance: Action on Policy; Real Parties In Interest; Pleadings-A com plaint on a fire insurance policy, which alleges that the policy Is payable to inc estate of L. A. P. deceased. and that plaintiffs are next of kin and heirs of deceased. and, therefore. the real parties in interest. Is demurrable. since, the real parties in interest. under the facts stated, is the personal represen- tative of deceased.
 2.-Deseent and Distribution; Person. al Property.-Personal property de- scends to the personal representative
The Montgomery advertiser., 1906-04-30

Bill by District Trustees to enjoir
 County Superintendent of Educa
 tion from paying teacher employed
 by County Board. and to require
 County Board to approve teachers
 contract made by District Trustees
 Decided June 80, 1905. GAO So
 Rep. 297.)
 1. Schools and school districts; stat utes; officers; power of.-The act re, lating to a re-districting of public schools, (Acts 1903. p. 2so), is re statemnt of compilation of all tn, laws on that subject, and sets up a new system for same and for the manage fnent and control of same. and the pow CTS and duties of the officers of tn, county and districts are derived solel, from this act.
 2. Same; location of schools.--Sec ton Ii. Acts 1903. D. 2so confers upoi the County Board of Education tn power and authority to locate tn, place for the school and school hous, in the several districts of their coun ty.
 3. Same: employment of teachers: dis trict trustees; authority.-Section 10 of Acts 1905, p. 29o, confers the power of selecting and employing teacher, fo rthe different districts upon tn, trustees of such district, subject to tn, approval of the County Board of Ed ucation, but the power to employ rest! solely with the District Trustees
 {. Same: determination of County Board: character of their findings .--Tht County Board of Education, in deter. mining whether the employment of ( teacher by the District Trustees should or should not be approved, acts as ( deiiberative body, and their reasons fol approving or not approving such em. ployment cannot be inquired into.
 Appeal from Marshall Chancery Court
 Heard before Hon. W. T. Simpson.
 Rehearing denied January 30. 1906
 Affirmed in part. reversed in part and rendered. Opinion by Simpson, J.
 Mcclellan, C. J.. Tyson and Ander.
The Montgomery advertiser., 1906-04-30
zuRER v. ROBERTS.

VI Bill to Settle .--tDecided
 Feb. IT, 1906. .)--(40 So. Rep. S1s) 1.-Partnership: Contract: Sharing Prosits-where one rented a quarry, furnished all the capital to run the bus mess. and assigned no part of his lease to another. who agreed to manage the quarry and commissary and give the business his time and attention. and to receive half of the net proceeds Of the profits of the quarry and commissary, and one half the rental of the houses instead of a stipulated salary .consti- futeA an agreement for services to be paid for from profits. and was not Q contract of partnership.
 Appeal from Calhoun chancery Court.
 Heard before Hon. W. w. Wstteside.
 Affirmed. Opinion by Dowdell, J.
 Tyson. Anderson and Denson. JJ., concur
The Montgomery advertiser., 1906-04-30
TYPEWRITERs.

TYPEWRTTERs-Rente ct t4.oo and @ % ner Wouth--saktBfactory service guaranteed.
 See the late modAls Fox before purchasing
 or renting. Terry 6 Davant d
The Montgomery advertiser., 1906-04-30
wANTED--sALEskaEN

wANTED-Trsveling saiesman Must fur class per cent. bonds. Salary and ex- penses paid Experienee not reauired. we Roofing and cornice Company. Wheeling
 " Va --6t
The Montgomery advertiser., 1906-04-30
WANTED--To BUY.


 wANr--ro buy a four foot cigar show case Let me know what you have. Write 10 s.shoW Case" eare The Advertiser. ---2t HIGHEST cash price for old feather beds. also feathers cleaned. drop postal, will call. Memphis Feather Company. 23 smythe Street. It
The Montgomery advertiser., 1906-04-30
HAWKINS V. LOUISVILLE & NASH
 VILE R. R. CO

HAWKINS V. LOUISVILLE & NASH
 VILE R. R. co. Action for fees for re-inspecting oil
 Decided June 90, 1905. (40 So. Rep
 2e3)
 1. Statutes; construction.-Effect must be given to every provision of a statute, if 1t can be done, in constru- ing such statute.
 2. Inspection; re-inspection of off in packages taken from a large quanti- ty.--The local acts approved February 27, 1901, (Acts 1900-01.. p. 1252) relat- ing to the inspection of miners oil in Jefferson county, does not require or contemplate the re-inspection of oil in packages taken from larger quan- tity that has been properly inspected. unless the inspector has reason to sus- pect 1t is below the standard required by law, and in that event no fee Is to be charged for a re-inspection.
 Appeal from Birmingham City Court Heard before Hon. c. W. Ferguson. Rehearing denied January 30. 1s06 Affirmed. Opinion by Denson, J.
 Mcclellan, c. J., Dowdel1 and Stmp- son, JJ., concur.
The Montgomery advertiser., 1906-04-30

BEAUTIOLA-Removes brown spots. pim- pies and wrinkles in seven days without in terfering with business or pleasure. Prico St. Louis Mo. --le-sOt
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-02-02
Great DOLLAR
SALE
The StOne-FiSher Co. Put Final Price on WOmen'S
and Chidren'S Wear
SATURDAY WILL BE THE RED LETTER DAY OF THE
SEASONS SELLING

20 will oncp is kof g
children And the sale be the remarkable
o b whole
and a
e splendid
dollars
a
garments Of asor,a o. will
surely
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-02-02
TO RECRADE

The airent committee ~ the caun.
cll yesterday afternoon voted 10
recommend 10 the council tho pass.
ago 81 the ordinance providing for
the reTrade Improvements ia tho
Westiakc Improvement district
Protest was made by J. n. Audrewa
who ls constructing building Ia
The district The estimated rost OF
the Improvement ia estimated at
$4,000 The property owners ia the
district estimate that the improve
mgnt vii increase the value or tho
pupeTty there about so per ren5
The improvement contemplated D.
Pine e from Ninth av % WestiRkc
aV, % Olive a. from Eighth as TO
Westlakc av ~ Stewart at. from
the alley between Eighth aud Ninth
Ga Weatlaka uf Eshth from West.
lake Go Pike. seventh, from West
lake 90 Pike. sixth. from Westlakr
60 Fikc and Fifth. from wcsllake
to Pine
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-02-02
DEMAND AN
INVESTIGATION

That there should be ana lnvestl
CATION lay an entirely impartial sct
of Judges into tho wreck az the
steamship Valencia. 20 determine
iaat whefn che blame. 70 any. rests.
and Go suggest methods 60 prevent
such disasters Ia che future. b tea-
titled 90 ia the gcnerui cali fag the
appointment &c a commission from
Washington. n e.
Yesterday Elliott uay camp. No
aias Modern Woudmen of America.
and the fratornal order of EaFlua.
sent kilograms Co the national cap.
Hal asking that such a beard be
named to SO thoruushly into the
wreck testimony
The committee from the Eagles.
which has been listening to the ties
iimony offered Ia the present IN
vuaiiEatlou conducted b. Marine In
speciora whitney aud Turner. gave
Z ~ their opinion that the inycati-
cation was being conducted along
Tines that would practically make
a defense Dor the Pacific Coast
Steamship company
irlrEratna were received IN fhia
city yesterday from bath Senator
Piles and Representative Humph-
rey stating that they bad taken the
question up With Secretary MeieAlf
aud others and that exery power ~
the EuyeFumont would be extended
q secure a fuli and fair inyctiKa
tian.