davidaulloa/AmericanStories huggingface dataset:
Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1906-07-27
Card of Thanks.

l wish to express my sincere thanks
to my many friends for their kind sym
pathy and flowers during my late be
reavement.
Dearest Robert thou hast left me
And thy loss deeply feel,
But It's God that has bereft me;
He can all my sorrows heal.
Yet again hope to meet thee,
When the day of life is fled;
And in Heaven with Joy to greet thee,
Where no farewell tear is shed.
Mrs. CATHERINE CoNKLrN.
Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1906-07-27
Married.
BURT-WILSON

At Portland, Or, July IL, 1906, Miss
Lulu Burt, formerly of Toledo, to MIR.
John F. Wilson of Portland.
Many Toledo friends of the bride
tender congratulations.
MIR. and Mrs. Wilson returned Tues
day to their home in Portland, after q
visit with the latter's mother, Mrs. G.
H. Williams, at Newport.
Mr.. Wilson, we understand, is Q
printer associated with the Pacific
Monthly of Portland.
Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1906-07-27
Married.
FISK.LLoYD

In Toledo, Oregon, July 20, 1906, Miss
Helen Fisk to Mr.. John s. Lloyd,
County Judge B. F.Swope officiating.
The groom is one of Lincoln county's
hardy, energetic and square young men,
who has for several years been carving
out home for his bride in the vicinity
of Kernville. Mrs. Lloyd has until
recently resided in Lane county.
Success to the bargain.
Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1906-07-27

The Oregon Coast & Eastern Rail-
road has filed plat for a permanent
location of a proposed line in lot 8,
section 20, township l north, range 10
west, which is at the strategical point
going to the beach at Garibaldi.-Tilla.
nook Headlight.
Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1906-07-27
At the M. z. Church.

Texts and subjects for services at the
NJ. E. church Sunday, July 20, 1906:
Morning-Text. 1st Corinthians 1888.
Subject, Influence"
Evening-Text, Revelations, IA: 3.
Subject, Refreshing Novelty"
Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1906-07-27
Bids Wanted.

| will receive sealed bids on four fine
lots in Newport near schoolhouse; good
buildings on lots. Bids will be opened
July 26, 1906, at 10 o'clock a. m. at my
residence in Newport. Property will
be sold to the highest bidder.
]. F. DELANEY.
Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1906-07-27
Notice to Bidders.

Sealed bids will be received until
noon, August l, 1906, for furnishing
1900 feet of l%x12 inches 16 feet long,
good, sound lumber, ends squared; also
1900 feet 2x4, Is feet long. Said lumber
to build sidewalk from Toledo to ceme-
terry. Bidder to furnish more lumber,
if needed, at same rate of bid.
All bids to be addressed to
MRS. ADA SoULE, Toledo
Will Hoehein came in from Cobure
Sunday for few days visit at home.
Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1906-07-27
Boarders Wanted.

Apply to Mrs. Elizabeth Conner, To
ledo, Oregon.
Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1906-07-27
For Sale.

A good second.han New G. Howe
sewing machine. Price SIS.
MRS. GEORGE BETHERs,
Toledo, Oregon.
The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1906-05-05

d. Hall, St Louis. E. j. Summers
Nacogdoches: Jno. K. Dunn, Dallas;
T. E Allen, Corsicana; G V. Gansel
Corsicana; R. G. Harrison, Cincinna
ii; j. ID. Coghlan and wife, Midlo-
THAN: S. H. Dale, Dallas; John S
Morris, st. Louis; S. NJ. Weed, Pu-
ebIo Col. J. c. George, Stephenville
o. H. Hail. Stephenville; E G.
Smith, Denton; Louis Collet, New
York; c. f. Amos, Texas: F. A Ry-
an, Dallas; H. f. Butcher, Fort
Worth; ] B. Doyle, New York; J.
Nj. Cook, Dallas; A. B. Little, Waco;
VIII Hancock. city; J. E. Kimber-
ley, Dallas; Thos. w Lake, Fort
Worth j P. Ingram. Fort Worth.
The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1906-05-05
d. b. Walker Of Maypearl was in

d. b Walker of Maypearl was in
the city today
5. Y Matthews of Dallas spent
last night in the city
Judge billiard returned to his
home at Kaufman last night
Mrs G. K. Gibson left for Austin
this morning to visit her mother
Mrs Bertha Castar of Corsicana
and Mrs. o. Vadak, of Mobile. Ala,
are guests of Mrs. l.. T. Gulick
Mrs. |. r. Allen and two children
of Ennis are visiting her sister. Mrs.
Douglas Kendall, on College street
Mrs J. l.. Wright and daughter,
little Miss Daphne, of Fort Worth,
are visiting her parents, Mr.. and Mrs
c. c. Rousseau.
The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1906-05-05


There has been large crowd in
town today and the merchants have
had aood trade.
Very little interest is being taken
in the election of school rustees to-
day. A light vote will be polled
The Daughters of the Confederacy
will meet next Tuesday afternoon at
3 O'Clock with Mrs. b. r Moffett.
The f. s Cronk Co, is headquar-
/ tiers for all kinds of garden hose.
Prices right. Both phones No. 24. If
We are makers OF that clear, pure
/ ice that YOU see being delivered
throughout the city. WaNahachie fec
Works. 2t
White ice i not onIs impure but
does not last a. long a. the Clear
/ Crystal icc--thc kind that the Wasa
hachic lee work, delivers To il,
customers. "a
truzcn at a low temperature an,
u, clear a. crystal. the ice manufac
turcd by WaNahachir lee Works l.
second to- none. 81
I The knights aud Ladies' OF Homo
I uIEf msar N1uU4r rfsBf Ma
The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1906-05-05

There has been a large crowd in
town today and the merchants have
had aood trade.
The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1906-05-05

Call up Gilmore at Campbell-D
naway Lumber Co., and get his esti-
mate on your house painting. If
The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1906-05-05
Sunday School 8; 80.

SUNDAY School 9 $50
Preaching a. m by Evangelist
r ] Birdwell on ROYAL Manhood
and Womanhood
Mems meeting. AT p. m. Bro
Birdwell Will preach to men only on
Going Farther Away over the Hills
All the men in the city are cordially
invited to attend this service.
Jyerybody's service at S p. m
Song service will begin at 7:45.
A. B. Little of Waco will sing at
all the services. We want all our
members and friends to be with us
making the day great day for God
w H. MATTHEW'S.
The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1906-05-05
Best For Women and Children.

On account of its mild action and
pleasant taste Orino Laxative Fruit
Syrup is especially recommended for
women and children. 1t does not
nauseate or grippe like pills and or
binary cathartics Orino Laxative
Fruit Syrup aids digestion and slim
ulates the liver and bowels without
irritating them. Remember the
name Orino and refuse substitutes.
Sold by B. w. FEARIS.
The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1906-05-05

Let F. S. Cronk Co. figure wit
you on that new roof, either shee
iron or asbestos
The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1906-05-05

Very little interest is being taker
in the election of school rustees to
day. A light vote will be polled
The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1906-05-05
For paSteur Treatment.

j. S. Gardner, who lives nine miles
south of Italy, was bitten by a pup
the other day. 1t afterwards devel-
oped that the dog had symptoms OF
hydrophobia, and Mr.. Gardner has
gone to Austin for treatment at the
Pasteur Institute.
The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1906-05-05

We cordially invite you 10 hear
Mr. Allen Wilson OF indianapolis. In
diana preach tomorrow at IL n m.
and 5 p N. a, the Main Street Chris
ian church Mr. " s Lint will have
charge Of the music and viii sing
CHALMERS MCPHERSON.
The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1906-05-05
Cumberland Presbyterian Chnrsfa.

SUNDAY School s.54.
Preaching III a m subject THE
Apostle pauls valedictory
Evening o'clock. Senior En-
deavor
Preaching al \, subject, Neglect
the greatest thief In the world .
j. G. SMITH. Pastor
The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1906-05-05
) >>>>>> . % - >>~~>>
IN THE CHURCHES. .
) . . Q 80 HA>A>H
First Presbyterian Church.

SUNDAY School 3 10 a IA
Preaching By The pastor at u a
M and o ~
IN IVY. pasior
The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1906-05-05

Morning PRAYER 4 o'clock Even
ing PRAYER 1855 SUNDAY School.
{ D. M All are welcome.
r. KIMBERLEY
The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1906-05-05

LoAAL NEW D
>>>>>> >>>>>>
Clear Ice Phone : 81
Lack CA. for white icr. n
Ice cream Tor Sunday dinner. WI
Hams a Moseioy 1t
See II. y. Mccombs for fire aud
tornado insurance. II
tissr Ice can he had from the yell
low top wagons ar phone :. -
For the very best fruit sundae try
smile AZ Hood a Curlins &c
Try Wink and Smile. Cool
and refreshing a, Hood a Curiius 90
For artistic signs. phone Gilmore.
az amphell-Dunnaway Lumber
Co II
Atine boz was born this morning
to Mr. aud Mrs II G. Read on Royal
street
/ Just received nice peppers. pine
/ apples and egg plant at Blank &
/ Belts If
The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1906-05-05

>>>>>><>>> >>>>>>>
. WANT COLUMN. =
>>>>>> >>>>>>
Scents. c. ]. Griggs for your
silk gowns. 80
LADIES-Have your Spring suits
made by Mrs c. J. Griggs 80
UMBRELLAS-reco and re-
paired at Arthur Mackoy's bicycle
and gun shop. 80
LAWN ERS-Sharpened and
adjusted at Arthur Mackoy's Bicycle
and Gun shop. IA
FOR RENT-Four room house on
Williams street See Geo. L. Griffin
at court house. If
/ CLOTHING Cleaned and pressed.
/ Buy second hand clothing j. s. Per-
rim, 20S Ease Main street If
FOR RENTING room house three
blocks from square All modern con-
veuiences. See Or Keplinger #
/ ORDER-Your spring suit now. Hol-
/ comb q Page have a nice line of sam
/ piles and viii be glad 20 show you. Il
FOR RENT one five room cottage.
swcraee and water ON Water street.
The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1906-05-05

PERSONAL MENTION.
>~<>>>

WEATHER Tonight and Sunday
partly cloudy weather, colder Fri
day max. "a min. Ga Rainfall
Thursday Isl
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1906-05-15
PROHIBITION CANDIDATE.
Mr.. Joel E. Brunson Announces That
He Will Enter the Race for Gov
ernor on Clean Prohibition
Platform.

To the Prohibitionists of the State:
1t is very well known that [ did
nearly all of the clerical work in get
ting together the prohibition confer.
ence in Columbia last June. OF those
who attended the conference some
were invited by myself while many
were invited at the request Of others.
The conference, after considerable
discussion, adopted the following
resolutions offered by Rev. Louis J.
Bristow:
"Resolvcd, That it is the sense of
this conference that general confer
encc Of prohibitionists Of South Caro-
lima should be held to discuss and in
augurate plan Of campaign against
the sale Of alcoholic liquors as a bev-
erage within the state Of South Caro-
lima.
"Secohd, That an executive COM
mittce, consisting of one member
from each county, Of whom any 10
! will constitute a quorum, hereafter to
be appointed, shall take charge Of all
matters referred to it by the confer
encc above referred to to meet in Co
lumbia on such date as it deems al
visable,
"Third, That in such proposed con-
ference each county shall be entitled
to rs many delegates as il has mem
bcrs in the general assembly.
!"Fourth, That the qualifications
and manner Of election Of delegates be
left to the executive committee:
"Fifth. That the officers Of this
conference shall be temporary Of
licers Of the conference hereby called.
II present.
Said executive committee was duly
appointed and called to meet in Co
lumbia during the week Of the State
fair. Just about one dozen members
assembled. and although thc question
whether il was wise or unwise to nom
mate state ticket was never refer
! red to this committee, and il was APP
pointed with positive instructions to
arrange for the state convention, this
!, little handful adopted the following
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1906-05-15
3rd s. 9. at Knoxville.

I always dislike to correct what any
one writes, but Mr.. Mitchell s sketch
Of the fight at Knoxville is unjust to
the 3rd regiment. The Campbell Sta
ton fight was on the 10th day of No
vember, 1868. That night the FEEDER
ais left the station and retreated to-
wards Knoxville. The morning of the
17th; our troops followed the FEEDER
ais. 1t was running fight to short
distance from Knoxville. The FEEDER
ais had formed the line along a row Of
cedar trees about one-half mile in
front of Fort Loudon. Nine compa-
MES Of the third regiment were sent
to the left Of our line to try and get
on the flank of the Federal position.
Eight companies were in line. Compa-
ny B, was over next to the river,
Company Il was sent out as skirmish-
ers to protect the rear Of the regi-
ment. Col. Nance got on the flank
Of the Fedcrals and began the attack.
The Federals were completely sur
priscd and took TO their heels. just
at this time, Capt. J. x. G. Nance,
who had command Of company f.,
sent runner to Col. Nance, who said
the Fcderals were in the rear of the
regiment, and they would soon be sur
rounded. Col. Nance ordered the reg
iment to run to the right and save
themselves. This order was obcycd.
1t developed later that Capt. j. K. G..
Nance was mistaken and what he be-
lievcd to be the Federal cavalry was
4 stampede Of cavalry horses, and that
there were no Fcdcrals in the rear Of
the regiment. OF course, Colonel
Nance, was very much mortified by
having victory snatched from his
hands by false report, 80 next morn.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1906-05-15
MEMORIAL DAY ADDRESS.
Causes Leading Up to War-Heroism
of the Southern Soldier and of
the Southern Women.

The Memorial day address Of the
Hon. TKos. f. Mellow, of Yorkville,
last Thursday afternoon, was heard
by an audience which taxed the opera
house to its capacity. Every seat was
taken, and many who could not find
seating room stood throughout the cx-
ercises. s.
The veterans formed in line at the
court house and marched 10 the opera
house in body. Seats lad been re-
served for them. On the stage we're
the speaker, the officers of the camps
OF veterans, sons and daughters, the
choir, and distinguished gentlemen of
the city generally.
The opera house had been appro-
priatelv decorated with the colors #
the Confederacy, paintings of it's
leaders; and the battle flags borne by
the soldiers of Newberry.
Throughout the exercises the songs
Of the Confederacy were rendered
by the special choir, and at the con-
eluslon OF each stirring melody the
veterans gave the "Rebel yell.'
Col. O. l.. Schumpert, adjutamt Of
the James D.. Nance camp, presided,
and introduced the speaker.
Mr.. Mellow spoke of the causes
that led up, to the war, and Of the
heroism of. the southern soldier and Of
the southern women.
We might today, he said, if stern
duty did not forbid it, turn aside
fr m these four years of blood. 1t
would be highly improper and wholly
"nsrem!y were. he to indulge in Bit
ter thought or harsh criticism Of
ti"se cn the other side, but it was not
out Of place to rccite some Of the lead
ing causes that led up to and prccipi-
tated that gigantic struggle. The as
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1906-05-15
THE CONFEDERATE MONUMENT
sAews which Should Have Appeared
In Fridays Paper-Reached
NeWberry Too Late.

The Herald and News presents in
thus thals'. issue three pictures which were
intended for the Memorial edition.
Ihey Should have reached lis by Tues
day or Wednesday, and would have
been here in time had it not been for
tho wreck Oh the Southern railroad at
Ninety Six Oh Thursday, which de-
iayed the Southern train which train
should have reached Newberry about
one O clock. but did not reach here
until six o 'c!ock.
We regret very much that we fail
cd to receive these cuts in time. AZ
they would have added very much to
the edition, and would have been very
appropriate for that edition.
On Of them is cut of the Crozier
monument, which stands in Rosemont
cemetery. and which was erected bv
the people cf Ncwberry some years
ago. The reason for its erection and
the story Of the life Of Crozier wert
told i'll the edition of The Herald and
News Of last Friday. and ere familiar
to the people of Newberry.
The other two show different views
OF the Confederate monument, which
stands i'll the rear Of the court house.
A history Of its erection and of its
dedication was also told in The Her.
aid ana News Of last week.
Tie larger picture represents the
monument covered with flowers and
wreaths. and with the opera house for
the back :rround. The smaller picture
shows thr monument on some Memo
rial day with a number of ladies and
gentlemen in the act Of placing upon
1t the garIands that are placed there
Oh these sacred occasions. This pic
ture was taken before the trees in the
rear of the court house were cut down.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1906-05-15

ing he was permitted to charge and
break the lines by attacking in front,
which the regiment did before Gen.
Kershaw allowed any other troops to
come to their assistance.
There is another error I want to
correct, the third regiment was COM
posed Of three companies from New
berry, four from Laurens, one from
Spartanburg, one from Union, one
from Lexington. Then Col. Nance
was not killed the first day Of the
Wilderness fight. but tho second day,
the 9th of May, 1864. Col. Ruthcr-
ford was not killed at the Wilderness.
/ write this not to criticize, but to
keep the record straight.
X-Confed.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1906-05-15

resolution: Resolved, That it is the
sense of this meeting that il would bc
unwise to put in the field a state pro-
hibition ticket.' | have heard moth
ing from the committee since.
1t is now too late to get an organic
ed convention Of the prohibitionists Of
the state before the opening Of the
campaign. have done the best
could to aid in giving the prohibitions
lists an opportunity to name their own
candidates. have not sought by un-
fair means, or in any other way, to
shut off the voice Of any prohibitions
isl, no matter how weak, in making
the Nominations; but we have now
reached the point where some one
must take up the work and press it
vigorously, and when the campaign
opens | shall be there upon clean
prohibition platform as candidate
fer the Democratic nomination for
governor of the state.
joel T.. Brunson.
Sumter, May 7. 1906.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1906-05-15
Talents and Confidence.

'oucccSS.
~ Singlc-talcnt man, supported by
great se!f-coniidcncc, will achieve
more than n tcn-talent man who docs
not believe in himself. The mini
cannot act with viyor in The presence
Of doubt. a wavering mind makes n
wavering execution. There must be
certainty. confidence and assurance, or
there can be no efficiency. A uneduca-
ted mnn who believes in himself, and
who has faith that he can do the thing
he undertakes. often puts to shame
the average college bred man, whose
over-culturc and wider outlook have
sometimes bred increased sensitive
ness and lcssening Of self-conn~
dence, whose decision has been weak
ened by constant weighing Of conflict
ing theories and whose prcjudices are
always open to conviction.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1906-05-15
THE STATE REUNION.
10 Be Held in Columbia This Week
Every Confederate Veteran
Should Be There-A Good
Time for All Who Attend.

The State Reunion of Confederate
veterans will be held in Columbia tliis
week. The programme was published
III the last issue of The Herald and
News.
The railroads have made Il very low
rate, and every Confederate veteran
VIII" can should attend this reunion.
AT every recurring annual gathering
Of the Confederate veterans, there are
those present who will not have the
pleasure Of another reunion on this
side Of the river. Many who were ut
the last reunion will not be permitted
To attend this one and the further we
get removed from the stirring days OF
S6l65, the smaller the number is
that can gather at these annual rcun-
lens
At the meeting Of the James d.
Nance Camp, held on the first Mon-
day in April. the following were clcc-
ted delegates from Newbcrry:
Y. j. Pope, j. Cal. Nce. o. l..
Schmpert, S. Pope, G.F. Long, G. w.
Pearson, ID. ~. Dickcrt, M. II. BuZ-
:hardt, A. Singleton, J. S. Ruff, w. G.
Peterson, j. c. Wilson, II. G. Wilson,
w. II. Jones, w. r. Tarrant, w. +.
Koon, a. p. Pifer, JAS. Mcintosh,
j. l.. Hunter, G. B. Aull, p. M. Haw-
kins, j. N. Bass, j. 0. Koon, A. j.
Livingston, N. H. Young, r. /.
| Stoudenmire, l.. S. Bowers.
HThis camp is entitled to twelve DEL
egates and the first twelve names were
designated to represent the camp, and
in the event that any Of them we're
| absent, the others would take their
places. It is not meant by this, how
ever, that only delegates are expect
eA to attend. Every veteran is invit-
ed and will be welcomed at the annual
gathering in Columbia this week.
Since the election of delegates one
Of them, S. Pope, has passed beyond.
This camp also elected Miss Sal
lie Bell Buford as sponsor for the
camp. Miss Buford is q daughter of
Sheriff NJ. NJ. Buford, who was a
brave Confederate soldier and served
throughout the war in the ranks.
Special Train.
The Southern Railway will run Il
special train OH Wednesday on ac-
count of the state reunion to Colum-
bia. The train will pass Newberry at
1880 am :, and arrive in Columbia at
9:15 a. m. Returning it is scheduled
to leave Columbia at p. m. This will
give those who desire to attend the re-
union and can spare only one day to
go and return the same afternoon.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1906-05-15

We can neither sci hen nor mar
ry a wife unless she is in the humor.
Some men are known by the work
they refuse to do.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1906-05-15

Do not dress salads with sugar and
and vinegar, lightly seasoned.
The Montgomery advertiser., 1906-06-03

guilty of contributory negligence in alighting from a car at a place where the car stopped after the passenger had signified his desire to alight, even if the place was unusual and danger" ous.
 s. Same; actions for injuries: in- structions.--An instruction Is proper that in stopping the car at or near the place where the passenger gave the signal for stopping, may be taken as an invitation to the passenger to altght and does not withdraw from the jury q decision of the question of whether there was an invitation to alight.
 g. Same; misleading instructions.--A charge requiring a finding by the jury against the plaintiff unless they believ- ed the defendant "did Issue an invita- ton to allght," is misleading in that the jury might construe that they could not find for the plaintiff except upon an express verbal invitation to alight given byFdefendant.
 10. Trial. instructions; assumption of fact.--A charge which assumes ( fact upon which there is a conflict in the testimony is properly refused.
 II. Same; ame; argumentativs charges-Chsrges which assert nd proposition of law. but are mere argu- merts are properly refused.
 IF Same; emphasizing certain faeta A charge which emphasizes certain facts and confines the jury to a consid- eration of these facts. to the exclus- ion of other evidence relative to the same Issue. Is misleading and properly
 Appeal from Mobile Circuit Court.
 Heard before Hon. William S. Ander- son.
 Affirmed. Opinion by Tyson, J.
 WeakIey. C. J., simpson and Ander- son. JJ.. concur.