davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1906-03-27
A Personal Narrative of Waterloo,

This remarkable narrative of Lary De Lancey. detailing to her brother her experiences at her husbands death-bed just after the battle of Waterloo, is now to be published. for the first time In full, in the April Century. This doc ument was shown privately to both Sir Walter Scott and and Charles Dickens. Both were greatly moved with it's pa- thos. Sir Walter Scott wrote to Cap tain Hall after reading it: q never read anything which affected my own feel ings more strongly, or which. am sure would have a deeper interest on those of the public' And Charles Dickens, in a long letter to Captain Hall. wrote:
 gro say that the reading of that most astonishing and tremendous account has constituted an epoch in my life that shall never forget the lightest word of it-that cannot throw the i'm precision aside, and never saw anything so real so touching, and so actually present before my eyes is nothing"
The Montgomery advertiser., 1906-03-27
Trust to Nature.

A great many Americans, both men and women, are thin, pale and puny, with poor circulation, because they have ill., treated their stomAchs by nasty eating or too much eating, by consuming alco- holic beverages, or by too close contne- ment to home, office or factory, and in consequence the stomach must be treated in . natural way before they can rectify their earlier mistakes. The muscles in many such people, in fact in every weary, thin and thin blooded person, do their work with great difficulty. As 8 result fatigue comes early, Is extreme and lasts long. The demand for nutritive aid is health every tissue, bone, nerve and muscle should take from the blood cer- tain m&tQrials and return to it certain others. 1t is necessary to prepare the stomach for the work of taking up from the food what is necessary to make good, rich, red blood, We must go to Nature for the remedy. There were certain roots known to the Indians of this country before the advent of the whites which later came to the knowledge of the settlers and which are now growing rapidly in professional favor for the cure of obstinate stomach and liver troubles. These are found to be safe and yet cer- tain in their cleansing and invigorsting SSsct upon the stomach, liver and blood. These are: Golden Seal root, Queens root, Stone root, Bloodroot, Mandrake root. Then there is Black Cherry bark The medicinal principles residing in these native roots when extracted with glyc- crime as a solvent make the most reliable and efficient stomach tonic and liver ip- vigorator, when combined in just the right proportions, as In Dr. Pierce's Golden Medical Discovery Where there is bankrupt vitality such as nervous exhaustion, bad nutrition and thin blood, the body acquires vigor and the nerves, blood and all the tissues feel the favorable effect of this sovereign remedy.
 Although some physicians have been aware of the high medicinal value of the above mentioned plants, yet few have used pure glycertne as solvent and usually the doctors prescriptions called for the ingredients in varying amounts, LOith dlCohOk
 The @Golden Medical Discovery" is a scientific preparation compounded of the glycerio extracts of the above mentioned vegetable ingredients and contains no RlC0hol or harmful habirforming drugs.
The Montgomery advertiser., 1906-03-27

b-Criminal Law; Appeal; Remarks of Court; withdrawal--Where the trial judge was, after objection by de- ferdant. proceeding to withdraw re- marks he had made to the jury. and counsel for defendant objected to the withdrawal and the court desisted. such objection to the remarks will not avail defendant on appeal
 7.--criminal Law Instructions. Harmless Error.--N is error without injury to refuse to defendant instruc- tions fully covered by q charge ai- ready given.
 Appeal from Montgomery City Court
 Heard before Hon. w. H. Thomas.
 Affirmed. Opinion by Denson. J.
 Haralson. Dowdeil and simpson. U concur.
The Montgomery advertiser., 1906-03-27
MORRIS V. THE STATE.

Changing Name with Intent to Defraud.
 -(Decided January IS, 1906 J.
 (39 So. Rep, 973.)
 1. Constitutional law; police power; imprisonment for debt.-The act of prohibiting any person from changing or altering his name, except in the manner provided by law, with intent to defraud. etc. (Acts 1903, p. 43S), is a proper exercise of the police power, and is not violative of the constitu- tional inhibition of imprisonment for debt
 ?, Statute; change of name; evidence, In a prosecution for wilfully chang ing his name to defraud, etc, defend ant as a witness testified that he had never changed or altered his name at all. This testimony relieved the State of the burden of showing that defend ants change of name WIS not made as now provided by law, if this burden WIS on the State, point not decided.
 3. Changing name; criminal respon- siblity; time of creation of debt.-It is immaterial in a prosecution under the statute prohibiting change of name to avoid the payment of debts, whether the debt sought to be avoided was created before or after the pass age of the statute.
 1. Same; evidence; intent.-It IS proper to show that defendant owed other debts than the one alleged in the indictment as shedding light upon his intent in changing his name.
 Appeal from Montgomery City Court.
 Heard before Hon. Wm. H. Thomas.
 Reversed and Remanded, Opinion by Dowdell, J. Haralson, Simpson and Dem son, JJ., concur.
The Montgomery advertiser., 1906-03-27
FLORENCE WAGON WORKS V. V. TRINIDAD ASPHALT MANU- PA l.rrI1I,INrc, C.NArro NY

FACIOtclNG COMFANA.
 Assubpsit-(D Decided Jan. IS. 1906.) J-(4O So. Rep. 49.)
 1-Evidenco; Parol Warranty; Or der.--A written order, neither con. taimng or excluding a warranty of ma- ,terials mention d herein is not such a writing as will preclude the estab- lishment of warranty of the mater ial by parol.
 2.-Sales; Bceach of Warranty; Meas ure of Oamages.-The measure of dam- ages for breach of the warranty of goods sold, is the actual proximate inc jury sustained, Including such expense as is reasonably necessary to repair the goods. or put them in condition required by the warranty.
 3.-Custom and Usage; Universality; Warranty.-Custom of warranty will not be permitted to overcome an ex- press contract of warranty; and in the case of an implied warranty a cus- tomary warranty, In order to b. in- forcible must be so general and so Knowing as to justify the presumption that the parties knew 1t and contract ed in reference to it. 4.-Same; Customary Warranty; Re- pugnancs to express waranty.-Where the defendant, the buyer, sets up an express warranty of the goods bought. it is improper to permit the plaintiff. the seller, to introduce evidence of the warranty, that 1t was accustomed to give in it's sales of the particular goods.
 5.-Appeal Review; Assumptions of Injury-Where a cause Is tried by the court without the intervention of jury, the admission of illegal testimony raises a presumption of injury that works a reversal. unless the remain ing evidence is without conflict and will support the judgment
 Appeal from Lauderdale Circuit Court
 Heard before Hon. E. B. Almon.
 Reversed. Opinion by Haralson, J.
 Dowdell. Anderson and Densen. JJ. concur
The Montgomery advertiser., 1906-03-27
CUTICURA REMEDIES

Are fhe Best for Skin and Blood
 About three years ago my face be- gan to get rough with acne and kept getting worse. A year ago read in paper of the Cuticurs Remedies for the skin and blood. I sent for them at once. 1 used the Cuticura Soap. Ointment, and Pills, and in three months my skin was soft and smooth, ard the pimples have all disappeared without the services of physician. l think the Cuticura Remedies are the best that any one can use for the skin and blood" May G. Schieferle,
 Sept. s, 1905. Santa Paula, Cal.
 Cnticusa Soap, Ointment, and Pills are sold throughout lhe world Potter Drug Chem Corp Sois Props Bostsn MssA ng~ Send fer " How to Carsfor the skin.s
The Montgomery advertiser., 1906-03-27
CENTRAL OF GEORGIA RAILWAY
Action for Damages for Failure to
 Deliver Freight.-(Decided June

Action Tor Damages TOT rdllufe 10
 Deliver Freight-(Decided June
 80. 19O5)-(39. So. Rep. S20.)
 l Carrier; delay in delivery of goods; conversion.-The failure of a carrier to deliver goods in a reasonable time. is not a conversion, but breach of contract, and the consignee cannot refuse to accept them and recover their full value. unless the delay utterly de- stroys the value of the goods, or cause an equivalent of q total loss; and the consignee must accept the goods. al- though at the time he has no use for them.
 9. Same; same; missing articles Where there has been d delay in the delivery of goods by carrier, but an offer of delivery is made and refused because some of the goods are miss ing or damaged, the cOnsignee cannot refuse to receive the goods and main tain an action for failure to deliver the goods.
 g. Same; delivery at unusual place; waiver.-In an action for failure to deliver goods, where the consignee un- qualifiedly refused to receive them, all though the delivery was sought to be made at other than the usual place,
The Montgomery advertiser., 1906-03-27
FRANKLIN " THE STATE OF ALA
 BAMA. Decided Jan. IS, 1906.)-(S9 So. Rep.

(Decided Jan. 1S, l9Ob.)-(SS So- Rep 979.)
 Criminal Law; Appeal; Harmless Er- roT.-Error in forcing a trial in the absence of a witness for accused was harmless. where the witness subse- quently appeared and testified for ac- cused
 2.-Same; Evidence; Denial of Iden- tity.--A false explanation given by ac- cused of any suspicious fact or cir cumstance tending to connect him with the offense, such as a denial of his identity, is admissible in evidence against him.
 3-Same: Evidence; Flight-In homi- eide, where accused was and what he was doing from the time of the offense to the time of his arrest is admissible on the issue of flight.
 4.-Same; Appeal; Harmless Error; Admission of Evidence-In homicide error in allowing defendant to be ask ed where he was and what he was doing during certain years preceding the commission of the, offense was harmless, where he simply answered that he was in a certain State the re- mainder of the time.
 5.-Same; Appeal; Errors Review able; Exclusion of Evidence.-Sustain ing objections to questions asked of
The Montgomery advertiser., 1906-03-27

ceased. but unlawfu1iy formed the in. tention of killing deceased during the fight, and accordingly did so, without Justification, he was guilty of homi- eide, regardless of the absence of an intent to kill deceased at the time he entered into the difficulty.
 Appeal from Clarke Circuit Court.
 Heard before Hon. John T. Lackland.
 Affirmed. Opinion by Haralson, J.
 Dowdell, Simpson and Denson. u. concur.
The Montgomery advertiser., 1906-03-27
McCARIMY V. WHITE.

Summary Proceedings against Attor-
 ney. to require him to pay over
 money collected by him as an at
 torney. --( Decided Jan. 9. 1906.)-
 (39 So. Rep. 97S.)
 1.-Attorney and Client; Failure to pay over Money; Necessary Allega- tiOns.-In a summary proceeding under the Statute Csection 3st9 of Code of 1S96) against an attorney for judgment for money collected by him as an attor- ney. and not paid over. it is necessary to allege and prove d demand upon him for the money and refusal to pay it over.
 Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Affirmed. Opinion by Dowdell, J, Tyson, Simpson and Anderson. JJ., concur.
The Montgomery advertiser., 1906-03-27
OATEs ys. McGLAUN.

OATES VS. blC1L1AANs
 Action for False Imprisonment.-(De
 cided November Is, 1905.)-(SS So. False Imprisonment; Malice; |; Evidence-Evidence that plaintiff was, when arrested, confined in the guard house and not given sufficient beading was admissible in an action for false | imprisonment as a circumstance going to show malice, and as an element of | damage.
 2. Same: EvidenceY Relevancy-It was immaterial for how long a time the Justice of the Peace who issued the warrant under which the plaintiff was arrested had occupied the office of Jus tice of the Peace.
 3. False Imprisonment; Instructions. An instruction that no recovery could be had for malicious prosecution, where the action is for false imprisonment is proper.
 4 Same; Same; It is proper to in- struct the jury, in an action for false imprisonment. that if the defendant with knowledge of the condition of the warrant continued to prosecute plain tiff. or if the act of the defendant in signing the warrant caused plaintiff to be arrested under a void process or caused the Justice to fall to sign it, the jury must find for the plaintiff.
 5. Trial; Argument or Counsel,-In an action for false Imprisonment, if was not error to refuse to exclude from the jury a statement of plaintiff counsel that it was the duty of the jury to teach the defendant that he could not collect his deeds in this man ner.
 Appeal from Houston Circuit Court.
 Heard before A. H. Aston, Judge,
 Reversed Opinion by Haralson, J.
 Dowdell. Simpson and Denson, J. J. concur,
The Montgomery advertiser., 1906-03-27
Head-Notes 0f the Decisions
 of Alabama Supreme Court

the consignee waived the right to in-
 sist upon delivery at the usual place 4. same; damagess--In an action for failure to deliver goods where it was shown that the carrier offered to make delivery which was refused, the dam
 ages recoverable are limited to the
 damages sustained to the goods, and
 to damages for the delay in making
 the delivery and it is error to render
 Judgment for the full value of the goods, unless they are a total loss. Appeal from Montgomery circuit court.
 Heard before Hon. J. c. Richardson.
 Reversed and remanded. Opinion
 by Anderson, J., Mcclellan, c. J., Ty- son and Simpson, JJ.. concur Rehear-
 ing denied January g, 1905.
 DAKE ct al, V. SEwELL, ct all Ejectment-tDecided June 30, 19O5)-- t3s So. Rep. s19).
 widow; when allowed.--It is only when decedent owned at the time of his death not exceeding the homestead ex- emption that the statutes permitting a selection by the widow and authorizing the homestead to be set apart before
 administration are applicable.
 2. Same; dover; reduction of aver
 aSe--A cialm or uoWer Dy the WluoW
 whereby the acreage was reduced to
 within 160 acres. does not authorize a
 setting apart of the homestead of the widow before administration. 3. Ejectment; making landlord a party.--Where a person is made a party defendant as landlord on motion of defendant. under Section 1884, Code 1896, it Is not error to deny motion at subsequent term to make another
 person a party defendant as landlord.
 4. Ejectment; recovery; parties plain
 tiff.-In an action of ejectment brought
 by several plaintiffs, all must be en-
 titled to recovery or none can. 5. Curtesy; property subject.-Un-
 der our statutes, Section 2534, Code 1896, husband takes a life estate by curtesy in the real estate inherited by his deceased wife from her fathers es- tate, wiAh remainder in her children,
 and until the falling in of the life es- tate, the children cannot maintain ejectment for the land.
 Appeal from Cherokee Circuit Court Heard before Hon. J. A. Bilbro. Re versed and remanded. Opinion by An derson, ]. McClelland, c. J.. Tyson and | Simpson, JJ., concur. Rehearing de-
 nied, Jan. g, 1906.
The Montgomery advertiser., 1906-03-27
LOOKOUT MOUNTAIN IRON co. vs.
 LEA.
Decided, January 9th, 1906.-(33
 Rep. 10l7)

Rep 1017D
 l. Action: Form; Case or Trespass. A complaint which alleges that plain tiffs' intestate was rightfully at work in defendants mine as an employe of defendants independent contractor and while so engaged was struck by defen- dant's tram cars and Killed through the negligence of defendants servants, etc, states a good cause Of action; and is in case and not in trespass
 9 Master and Servant; Independent Contractors Servant; Rights.-One em- ployed by an independent contractor to work in defendants mine as the ser want of the contractor. Is not a mere licensee, but Is there in the exercise of a lawful right
 3. Same; Fellow Servants.-Thc servants of an independent contractor and the servants of the principal by
The Montgomery advertiser., 1906-03-27
CITY OF UNIoNTowN V. STATE
 FIX REL GLASS.

Quo Warranto.-(Decided June 30, 1905.)-(3s So. Rep. S14.)
 1.-Franchises; What are: Dispensar- ies-The operation of dispensary by a municipality for the sale of liquors is the exercise of franchise, and the municipality must derive its right to to operate it from some authority granted by the sovereign.
 2.-Quo Warranto; Who Subject; Mu- nicipalities.-An action in the nature of quo warranto. under the statute, (section 3420. Code 1S96) liOs against any one who usurps or unlawfully uses a franchise, and this applies as well to municipalities as to private persons or corporations.
 3.-Statutes; Formality of Passage; Reading; Presumptions.-Wher the Journal shows that a motion was made to dispense with the reading at length of bill just before signing. and that the motion was carried, yeas 21-nays O., giving the names of those voting yea, it will be presumed, unless the Journal af1rmatively shows to the contrary, that only twenty-one Senators were present when the bill was signed. and that all voted favorably to dispense with the reading; the Senate being bound to an observance of the consti- tutional provision. it will be presumed to have obeyed its mandate.
 4.-Local Laws; Notice of Intention to Introduce.-The mandate of the con stitutiOn, section 106. is fully satisfied when the notice of the intention to in- troduce local act contains the essence abstract or compendium of the acts proposed, SO as to fairly and reasonably advise the people to be affected by it of its essential and material parts
 5.-Same; Constitutionality.- es- tablishing a dispensary in the City of Uniontown; (Local Acts 1903, P. 5 held not violative of Constitution of 1901.
 Appeal from Perry Circuit Court.
 Heard before Hon. Daniel Partridge, Jr
 Reversed and Remanded, Opinion by Tyson, J.
 Dowdell. Simpson and Anderson. JJ., concur.
 Mcclellan. c. J.. and Denson, J. dis sent.
 Rehearing denied January 9, 1908.
The Montgomery advertiser., 1906-03-27
MANATEE COUNTY STATE BANK V
 WEATHERI.Y

Action on contract of guaranty.-Decid-
 ed June 1. 19O1.-(39 So. Rep. 9SSJ.
 1. Guaranty; guarantor; contract.-A guarartor is bound to the extent and in the manner stated in his contract of guaranty, and no further
 2. Same: variance; effect-A guarAn- tor has the right to stand strictly upon the terms of his contract, and if 1t be changed or varied without his consent, though he sustain no injury by the change. and even benefits from it, the change or variance Is fatal to the con- tract.
 3. Same; performance; variance; dis charge of guarantor-Under a written contract of guaranty, conditional that each bill of lading should be lcccm- panied by a certificate that oranges were sound when loaded, and shipped according to the signed contract be- tween M. & S. and w. & M.," the guar antor was not liable for oranges shlp- per under the bill of hiding accom- panied by certificate that the oranges were sound and merchantable when loaded"
 Appeal from Birmingham City Coui t. Heard before Hon. Wm. w. Wilkerson. Affirmed. Opinion by Dowdell, J. Me Clelland, c. J.. Anderson and Densen, JJ.. concurring.
The Montgomery advertiser., 1906-03-27

When a woman says her offspring got It's beauty from her some friend says Tt was unkind of the child to rob you of it."
The Montgomery advertiser., 1906-03-27

If you use DaybreaI< Fertilizers, you might as well make arrangements to bank your potatoes or your money.
 Marks & Gayle.
The Montgomery advertiser., 1906-03-27
COVERED FROM
 HEAD ID FOOT
With Crusted Scaly Eczema When One Month Old - Could Brush Scales Off Body = Young Lady is Now Y Years Old and Skin is Without a Scar n Cured By
CUTICURA REMEDIES
 AT EXPENSE OF $4.50

"When was one month old I was taken with eczema. After being under the treatment of two doctors for one month and no improvement, my mother was advised by a druggist to try Cuticura Soap and Ointment | was one crust of sores from head to foot. My mother could brush the scales of my body: and my finger and toe nails fell. After using six cakes of Cuticurs Soap and about as much Cuticura Oint ment was completely cured l am now seventeen years old and my skin has not scar. 1 am still finding wonders in Cuti' cura; after washing a fever blister two days 1t was completely gone" You Cuticura friend. Miss Eols Glasscock,
 Oct. 27, 1905. Marksville. La
The Montgomery advertiser., 1906-03-27

The attention of parents is called to the fact that the Cuticurs Remedies were used on a one month old baby with complete success proving what we have always claimed that these great curatives are 60 pure. so sweet, and SC delicately medicated that they may be used on the youngest infants.
The Montgomery advertiser., 1906-03-27

WEIR v LONG.
 Assumpsit. (Decided January IT. 1906 )
 --(39 So. Rep, 974,)
 1. Sales; consignment; evidence When the issue is whether there was sale of goods, or a consignment of sale. 1t is competent to show by the bookkeeper of defendant who Is shown to have written the order in question, and to have known of other transac- tions between the parties, that he did not know the goods were bought on consignment, and also that all orders between the parties for the particular class of goods had been paid before maturity.
 2. Evidence; contracts; sales; paroi testimony.--A written order for the purchase of goods, which shows that it is a part of a continuing transaction. Is not such definite written contract that parol evidence cannot be intro duced to explain or vary it.
 3. Contracts: interpretations; intent. When contract is unambiguous in it's terms, it's construction is question of law for the court, but where it's pro- visions must be interpreted in the light of surrounding circumstances the intent of the parties is a question for the jury.
 Appeal from Henry Circuit Court. Heard before Hon. A. H. Aston. Reversed and remanded. Opinion by Simpson, J., Tyson. Dowdell and An derson, JJ., concur.
The Montgomery advertiser., 1906-03-27

whom the contractor is employed, are not fellow servants, though they may be engaged in the same work TOT the benefit of the ultimate employer.
 4. Master and Servant, Fellow ser wants. Assumption of Risk.-One not d fellow servant of defendants ser wants. although servant Of an Inde- pendent contractor. does not assume the risk of negligence or defendant servants.
 5. Master and Servant; Injury to Other person: Negligence of Servants. A person at place in the exercise of "a lawful right to be there, who IS Injured or killed by the negligence or defendant's servants, has cause Of ac- tton against the defendant on proof or negligence of the agent or servant Of the defendant; for the negligence of the agent or servant is the negligence Of the corporation. or defendant. Tor which the master is answerable. under each circumstances
 6. Appeal; Pleadings Demurrer. Harmless Error.--It is error without injury to sustain demurrer to pleas when both in the admission of testi- mony and in instructions to the jury defendant has the full benefit of the defense sought to be set up in the plea.
 Appeal from the DeKalb Circuit Court.
 Heard before Hon. J. A. Bilbro.
 Affirmed. Opinion by Tyson, J., Dowdell. Simpson and Anderson, J. J. concur.
The Montgomery advertiser., 1906-03-27

and frankly, fin strictest confidence, telling all your troubles and stating your age. We will send you FREE ADVICE, in plain sealed envelope, and val uabe book on 'Home Treatment for Women.' , Address; Ladies' Advisory Department, Tho c-hattanooga Msdcine Co.,, ChattanOOga, Tenn.