davidaulloa/AmericanStories huggingface dataset:
The Lexington advertiser. [volume] (Lexington, Miss.) 1904-1985, 1906-09-13
DID NOT KILL THE PORTER.

Elsewhere appears dispatch to
the Commercial Appeal giving the de-
tails of shooting escapade INDUCED
in by Mr.. Blanchard of Belzoni. Later
advises are to the effect that Mr..
Blanchard did not kill but accidentally
wounded the porter and is having him
cared for at his expense. He also
settled with the railroad company for
the damage done to the car.
The Lexington advertiser. [volume] (Lexington, Miss.) 1904-1985, 1906-09-13

Oysters and fish every day during
the season, at J. r. Watson, Jr.'s,
next door to the postoffice.
The colored normal was closed on
Thursday noon. Eighty-seven was
the enrolment. First colored exam
nations Friday and Saturday
Miss Katherine Gibson, of Franklin,
is attending the Lexington High
School.
Mrs. Eugene Stansbury and Mrs.
McDavitt, who have been visiting DR..
W. F. Stansbury, left the forepart of
the week for weeks visit to Owens
Wells, preliminary to their return to
Memphis. Miss Claudine Stansbury
accompanied them to Owens, where
she will remain for the week.
Arizona silver belt., 1906-07-26

for the ascertainment, return and GER
LITIGATION of the results of the election
for Delegate to Congress, and as fur
Their prescribed by said Act of Con-
gress.
And the several precinct, county and
territorial officers in the Teraitory who
are charged by law with any duties
relating to general elections are, so far
as those duties are applicable to the
election hereby ordered, and not incon-
sistent with said Act of Congress,
likewise charged with the performance
thereof in respect to this election; and
in addition thereto such other duties ir
respect thereto as are prescribed by the
provisions of said Act of Congress.
In Witness Whereof, |, Joseph II.
Kibbey, Governor of Arizona, have
hereunto set my hand and caused the
great seal of the Territory to be
affixed. Done at Phoenix, the capital
this fourteenth day of July, A. d.
1906.
BY the Governor.
JOSEPH H. KIBBEY.
GSeal.
w. F. NICHOLS,
Secretary of the Territory of Arizona.
Arizona silver belt., 1906-07-26
You're Safe When You Trade Here

A. d. 1906, at 30 minutes past A
O'Clock p. m.
w. d. FISK,
County Recorder.
TERRITORY OF ARIZONA, | 60
County of ella, o.
|, w. d. Fisk, County Recorder in
and for the County of ella, Territory
of Arizona, do hereby certify that the
above and foregoing contain and con-
stitute full, true and correct copy of
Articles of Incorporation of The Vic
toria Chief Copper Mining and Smelt
ing Company, as the same appears of
record in my Office in Book /, of Cor
porations at page -, that i have
compared the same with the original
record, and that the same is true
transcript and of the whole thereof.
Given under my hand and seal of
office this 9th day of July, A. d. 1906.
Seal w. ID. FISK,
County Recorder, ella County, A. 7.
Filed in the office of the Territorial
Auditor of the Territory of Arizona,
this 9th day of July, A. D. 1906, at 1O
a. M, at request of E. III. Wilson,
whose postofiice address is 80 Broad
street N Y.
JOHN II. PAGE,
Territorial Auditor.
First publication July 26, 1906.
Arizona silver belt., 1906-07-26
Notice of Sale of Real Estate

In the Probate Court of the County
of ella, Territory of Arizona.
In the matter of the estate of J. II.
Feagles, deceased.
Notice of sale of real estate at
Globe.
Notice is hereby given, that in pur-
suance of an order of the Probate Court
in and for the County of ella. Territory
of Arizona, made on the goth day of
July, 1906, in the matter of the estate
of j. H. Feagles, deceased, the under
signed, the administrator. M. l.. Fea-
giles, will sell at private sale, to the
highest bidder, the real estate of said
deceased. subject to confirmation by
said Probate Court, on or after the
third day of August, 1906, at the office
of F. l.. Toombs, in the Town of Globe,
in the said County of ella, Territory
of Arizona, the following described
real property, to-wit:
Three lots in block &c, in the Town
site of Globe, as follows: Beginning
at a point 55.5 feet southerly from the
northwest corner of said block &c, run
ming thence southerly along High street
1876 feet, thence easterly at right an
gle to High street 1928 feet, thence
northerly at right angle 1876 feet,
thence westerly 1925 feet to place OF
beginning.
Terms of sale: Cash to be paid on
confirmation of sale.
M. l.. FEAGLES,
Administrators of the estate of j. H.
Feagles, deceased.
Dated July "a, 1906.
Arizona silver belt., 1906-07-26
A PROCLAMATION BY THE
GOVERNOR OF ARIZONA

OF an Order for an Election for Voting
for Delegates to a Proposed Conven-
ton for the Formation of Constitu-
ton for the Proposed State of Ari-
iona TO be Composed of New Mexico
and Arizona as Now Constituted, and
to Vote Upon the Question of the
Proposed Jointure.
To the Qualified Electors of the Terri
tory of Arizona, and to Whom
soever Else it May Concerns:
Know Ye. That heretofore, to-wit.
on the fourteenth day of July, 1906, by
virtue and direction of, and in accord
ance with the provisions of an Act of
Congress entitled:
"An Act to enable the people of
Oklahoma and of the Indian Territory
to form a constitution and State gov
eminent and be admitted into the
Union on an equal footing with the
original States; and to enable the peo-
pie of New Mexico and of Arizona to
form a constitution and State govern
ment and be admitted into the Union
on an equal footing with the original
States, approved June l6, 1906,
the Governor, the Chief Justice, and
the Secretary of the Territory of Ari-
IONA apportioned the "A delegates pro
posed under the provisions of said Act
of Congress to be elected f.om Ari-
IONA, who, together with the 66 dele
gates proposed to be elected from
New Mexico, may constitute a conven-
ton for said Territories of New Mex
leo and Arizona to form constitution
for the proposed State of Arizona,
among the several counties of Arizona,
as follows
Arizona silver belt., 1906-07-26

10 MOnaNe county .'..'.......'..l ueleSate
To Navajo county .......".....1 delegate
To Pima county. delegates
To Santa Cruz county ........1 delegate
To favapai county ...........~7 delegates
To Yuma county. deleg ates
And Know Ye Further by this Proc
la nation: That under the authority,
and by the direction, of the provisions
of said Act of Congress, it has been by
the Governor of Arizona, and is now by
this Proclamation, ordered That at
the general election to be held in the
said Territory of Arizona on the 9th
cay of November, 1905, the said dele
gates apportioned to the said conven-
ton as aforesaid shall be voted for by
the electors qualified to vote at said
general election, In the said several
counties.
A ID it is Further Ordered, That
there shall also be submitted to the
qualified electors at said general cleo
ton, question which shall be stated
on the same ballots on which the names
o candidates for delegates to. the con-
vention aforesaid are print in sub
stance and form as follows:
"Shall Arizona and New Mexico be
united to form one State?"
"[ ] Yes" " ] No"
Electors desiring to vote in the
affirmative of that question shall place
cross mark in the square to the left
of the word yes" and those desiring
to vote in the negative shall place a
cross mark in the square to the left of
the word "No," in the form above
prescribed.
Such election shall be conducted in
all respects as prescribed by the laws
of the said Territory of Arizona gov
erning general elections.
The returns OF said election for dele
gates to the proposed constitutional
convention shall be made, and the GER
titicates of persons elected thereto
issued, as near as may be, in the same
manner as is prescribed by the laws of
the Territory of Arizona regulating
the elections therein of members of
the Legislative Assembly of said Terri
tory, and as is further prescribed by
said Act of Congress.
And the result of the said election
upon the question above directed to be
submitted to the electors at said cleo
on shall be ascertained, returned and
duly certified, as nearly as it is practic-
able to be done, in the manner pre-
scrloed by the laws of this Territory
The Montgomery advertiser., 1906-10-22

The prisoner is said to be a college bred man and a linguist and through his accomplishments met and gained the confidence of some of the most prominent American families and was able to pass the alleged worthless pa- per without arousing suspicion.
 He is said to have served a term in an Ohio prison for forgery in 1899. The prisoner told the police that he was disowned by his family after his conviction. He will be taken back to Baltimore on Tuesday to face his ac- cuSerS
The Montgomery advertiser., 1906-10-22

and the evidence tended to show that plaintiff was the assistant of the man running the saw, 1t was proper to allow plaintiff to ask the witness whether the person running the saw had con- trol of his assistant.
 5. Same.-It was proper not to al- low a witness to state how, in his op- inion. plaintiff got hurt in oiling the machinery.
 6. Same-Though as an expert a witness may testify to the proper man ner of oiling machinery and as to what was a safe and what an unsafe way it Is not permissible for him to be asked whether. If plaintiff had used ordinary care in oiling the machinery he could have been injured.
 :. Appeal: Harmless Error.-Where questions were not answered, any err TOT in overruling objections to such questions was without injury.
 Appeal from Pickens Circuit Court.
 Heard before Hon. s. H. Sprott.
 Affirmed. Opinion by Simpson. J.
 Weakley. C. J., Haralson and Dow dell JJ. concur.
The Montgomery advertiser., 1906-10-22
SERVICES W NASHVILLE.
urs. Dayis's Memory H0nOred in Rap
 tis. Church.

Nashville. Tenn, Oct. 31.-Three ..!n..4% ,f th" tinted Daughters u' tho Cnnfrdorary joined her" this after noon in seryi ices to the memory of Mrs Jefferson Davis There were present
 I... L.ret H rtis' Church many Con federate Veterans, Sons of Confcderates and Girls Auxiliary. in addition to Rates Chapter, T.. D. c,
 pr. R. Lynn Cave of the Woodiawn Avenua Christian Church. spoke brief ly. the principal address being by Dr, Lansing Burrows. pastor of the First Paptist Church. In beginning. he said:
 Tt will be impossible for me to tel, inc hundredth part of all the good have been told of her"
 Before the benediction was pro- nounced. there were few minutes of reouest from Mrs. Alexander White, President of the United Daughters of tha Confederacy.
The Montgomery advertiser., 1906-10-22
SAID TO RE PICKPOCKET.
Fair Visitor Is Received by MOntgOm.
 ery Police.

Among the arrivals in Montgomery of strangers who desired to see the Bennie McRae, who stepped off the train from New Orleans about g o'clOc k last evening. and was immediately taken in charge by Special Officer J. IL. Taylor, who escorted him to com fortable cell in the city jail.
 McLarn, according to the Montgom- cry police, is said to be one of the most expert pickpockets in the south ern country. but he will not be allowed sufficient liberty to ply his trade in Montgomery this week.
 When the case was docketed at po- lice headquarters McLarn assigned his occupation as that of a clerk. but he was put down on the record as pick nOcket
The Montgomery advertiser., 1906-10-22

negroes escaped last evening at o'clock. The details of the escape were not given.
 will Ward and Will Whitaker. mu- lattoes, and George Scott and Jim An- derson, said to be black. were the ne. groes who escaped. All four are tall men, The telegram did not state where the convicts were from.
 A reward of $50 Is offered for the apprehension of each of the four.
The Montgomery advertiser., 1906-10-22
TOUCHING DOWN PA40.
COI. Herbert Was Among .peakers at
 Washington Meeting.

tributes were paid today to the mem ory of Mrs Jefferson Davis by Jus
 tice Charles B Mowery of the Court of Claims; Justice Seth thephard of
 the Court of Appeals; Former Secre-
 tary of the Navy Hillary Herbert and John Callighan. president of the Con-
 federate Veterans Association at the
 memorial services under the aus
 pices of the Southern Relief Society held at the New Willard.
 Justice Mowery explained that as writing was her means of livelihood Mrs Davis selected New fork so a1 to be near her publishers. Justic
 Shepard described her as the great est of Southern women and an honor to American womanhood
 Resolutions on the death of Mrs Davis were adopted
The Montgomery advertiser., 1906-10-22
WORKED MANY TOWNS.
J, H. LangdOn Has Done Much Suc-
 cessfuI Crooked work.

cessfuI CrOOked WOFk.
 Chicago. Oct. 21.-J. H. Langdon, who Is in custody here on information furnished by the police of Baltimore. charging him with forgery. Is said to have operated successfully in nearly every large city in the East.
 He Is also said to have swindled many persons In England, Paris. Der lin and Yokohama. Japan, by forging the names of Andrew Carnegie, Pres ident Cassatt of the Pennsylvania Railroad and other prominent men to drafts and checks for large amounts. I.angdon, according to information fur nished by the Baltimore police, is the son of Samuel T. Langdon. wealthy business man of Philadelphia.
The Montgomery advertiser., 1906-10-22
ELROD V. ELROD.

ELROD V. ELROD.
 Settlement of Estate. Contracts: construction: subject mat
 ter-A contract that a certain person
 should not be liable for the costs of
 the appointment of an administration of a certain estate, will nos sustain a claim against the estate of the maker.
 by attorneys employed by the person
 named for their fees in resisting pro- ceedings to annul a previous appoint ment of an administrator Appeal from Marshill Chancery Court.
 Heard before Hon. w. H. Simpson. Afirmed-Opinion by Simpson, J. Tyson, Anderson and Denson, JJ., concur.
The Montgomery advertiser., 1906-10-22
DAVIS ys. THE STATE.

(Decided May 17th. 1906. 41 So. Rep. Criminal law; appeal; bill of excep- .ons-A bill of exceptions signed af- Ter the expiration of the sixty days allowed by the act of January 2ard. iao1 IActs 1sso-91, p. 22D. and after the commencement of the next term of the trial court, cannot be consid- cred. although within the time of the extension agreed on by counsel.
 Appeal from Jefferson Criminal Court.
 Heard before Hon. D. A. Greene. Aftirmed Opinion by Denson. J.
 Tyson. simpson and Anderson, U |, concur.
 JONES vs THE STATE. False prtense-( Decided May l7th'
 1906. Al So. Rep. 2ss.)
 1. Criminal law; preliminary aft'da- wit: amendment; authority Of court. -Ths sustaining of demurrer 10 an aadavit does not entitle a defendant to a discharge The court may holo him for another warrant, or permit the afidayit to be amended so as to charge the offense committed aiter sustaining demurrer to orisinai ar fdavit. l., 2. Jury; right of trial by jury m misdemeanor cases; time Of demano' ,
 
 manded trial by jury. whereupon the Justice sent up the papers 10 .ne Walker County Law and Equity Cout on November 23rd. On january lsl afterwards defendant demanded jury trial In that court; Held, under the act creating the court iAcIs 19O0-O1, p. 112), the demand came too late and the court properly tried the cause without jury.
 B. Witness; refreshing memory memorandum.-A memorandum not made by a witness. and the witness pe- ing without personal knowledge ol .he truth of facts set forth therein and being without independent rec ollection of the facts therein contain ed such memorandum Is inadmissible sg evidence, nor can 1t be used u re- fresh witness.
 Appeal from Walker County Law and Equity Court.
 Heard before Hon. T. L. Sowell.
 Reversed and remanded Opinion " "weakley, c J.. Dowdell and Den son. JJ.. concur.
 srEpHENSON vs. ATLAS COAL co. RilI to Cancel Executed Contract for
 Partial Failure of Consideration
 -(Decided May 17th. -:O6. Al So
 Rep. 3OD.
 |.
 Neither inadequacy of considera- ,ion mistake in law. or partial fail ure of consideration. in he shssi,o absence of fraud. will authorize the canceiia- Non of a contract .,. .o a Equity; pleadings; motion to dismiss.-On motion to .lsmiss Tor want of equity all amendable defects of the bill must be taken as s, eurea; .s: Sn. this rule does not mean that the S;i, is to be considered as amended so % as to give 1t equity by the aver rent of new. additional pr indepen- dent facts; but only as to amenda i,, t, ole defects apparent from the bill from Same; amendment; time.-Time u,iIi not be allowed for amendment af- ter decree on motion. to dismiss for Anneal from Walker Chance-y Heard before Hon. Alfred H. Ben
The Montgomery advertiser., 1906-10-22
FORBES & CARLOSs vs. DAVIDSON. Action for Damages for Personal In-
 jury (Decided May 18th. 1906.-
 G. paa o1oA

jury. (Decided May 18th. 19O6.-
 Al So Rep. 312)
 l. Negligence; Contributory Nog'i- gence; Pleadings,-Pleas of contribu- tory negligence alleging merely that plaintiff failed to take proper precau- tlons are subject to demurrer for not alleging facts showing in what the negligence consisted.
 9. Appeal; Harmless Error: Ruling on Pleading.-Where a plea to which demurrer was sustained was substan- tially the same as another plea on which issue was joined. sustaining the demurrer to such plea. if error, was without injury.
 8. Same; Record; Bill of Excep- tions.-Ruling on demurrers to repli- cations shown by bill of exceptions. and not by the record proper. are not reviewable on appeal
 4. Evidence; Opinion Evidence; Knowledge of Witness; Master and Servant; Injury.-Where the witness was shown to be sufficiently acquaint- ed with the business to know the fact,
The Montgomery advertiser., 1906-10-22
CONNECTS ESCAPE.

Four Men Get Away from the DoIive
 Camp.
 The Montgomery Police Department received a telegram last evening from J. A. Dudley. warden of the convict camp at Dolive. about 150 miles south of Montgomery, on the Louisville ana Nashville Railroad, stating that four
The Montgomery advertiser., 1906-10-22

Ogden, Utah, Oct. 21.-One man was killed and $1OO.OO0 in property was dc
 stroyed by a heavy storm that sweIt over this section last night and today. Trains between Ogden and Salt Lake have been stalled since early last night.
The Montgomery advertiser., 1906-10-22
Leper Is Cremated.

CIarksburg. W. Va. Oct. 2l.-Tho bdoy of George Raschid, the Syrian leper, was cremateG in shocking manner at Pickens. The shanty in which he had been staying was set on fire and his body was consumed with It. It is TOW declared that his death was the result of foul play. Many people at Pickens say the leper was given poison In his food.
The Montgomery advertiser., 1906-10-22

BOWDON V. ATLANTIC COAST LINE
 RAILWAY co.
 Action for Goods Destroyed by Fire
 (Decided May IT. 1906. Al So. Rep.
 294.)
 1. Carriers: termination of relation; {; arrival of goods-The relation of car rier Is not necessarily terminated by the arrival of the goods at destina- ton. but the relation ceases and that of warehouseman begins only after the owner or consignee of the goods has had a reasonable time to remove them after arrival at destination.
 2. Same; refusal to deliver; absence of waybill: excuse.-The failure of the carrier to have a way bill for the goods, furnished no good excuse to the carrier for failure to deliver the goods to the consignee on demand.
 8. Same; loss of goods; action. evil dence.-Where the defendant claimed the goods had been destroyed by fire time within which the consignee could have removed them, and after defend ant had refused to deliver them when delivery was first demanded on account of a failure to have received way bill from the initial carrier. 1t was com petent for plaintiff to show that the delivery station was a prepay station. and that 1t was a custom of defend- ants agent to deliver freight at such ing the production of bill of lading. Appeal from Houston Circuit Court. Heard before Hon. William C.. Oates, Special Judge. >s@..- .~.-. .. Reversed and remanded. Opinion by Dowdell. J. -.
 weakiey. c. J.. Haralson and Den | son, J.. concur.
The Montgomery advertiser., 1906-10-22
LOUISVILLE & N R A. Go. V. MUSCT
 & LOTT

Damages for Injury to Mules and Wag-
 ons (Decided May 17th 19o6-41
 So. Rep. 302.)
 1. Railroads; Crossing Accident; Willful or Wanton Misconduct.-The fact that persons in charge of an en- zine or train ran 1t over public cross ing at a greater rate of speed than permitted by city ordinance does not constitute willful or wanton negll- gence, unless such persons had knowl- edge or were conscious that injury would probably result.
 g. Trial; Instructions; Curing Err ror.-Instructions that If the persons in charge of an engine ran it over crossing at a greater rate of speed than allowed by the city ordinance was guilty of wanton or willful miscon- duct, is not cured by subsequent in struction stating that they were only chargeable with such misconduct IT they were conscious that their act would probably result in injury.
 Appeal from Mobile Circuit Court.
 Heard before Hon. Samuel R. Browne.
 Reversed and Remandcd. Opinion by Denson, J.
 Tyson, Simpson and Anderson, JJ, concur.
The Montgomery advertiser., 1906-10-22
Head Notes Qf the Decisions
 Of Alabama Supreme Court

Affirmed. Opinion by Dowdell, J. Weakley. c. J., haralson and Dem son, JJ., concur.
The Montgomery advertiser., 1906-10-22

are special circumstances bringing 1t within some recognized head of equity jurisprudence, injunction will not lie to restrain collection of taxes.
 B. Same-Proceedings by a city to enforce taxes and to sell land for same, alleged to be void on account of un- constitutional act. will not put cloud upon title. so as to authorize restraint of such proceeding by injunction.
 Appeal from Birmingham City Court
 Heard before Hon. Charles w. Fer guson.
 Reversed and rendered. Opinion by Denson. J.
 weakley C. J.. Haralson and Dow dell. JJ.. concur.
 HOWARD vs. THE STATE. Grand Larceny. Derided May 17th.
 19O6-41 So. Rep. 291)
 Criminal Law; Right to Copy or ln- dictment; Waiver.-On November 25th. 1905, defendant was arraigned upon the indictment and plead not guilty. and the case set for trial on De- cember 9th, 1905. When the case was called defendant demand- ed copw of charge. Held. not error to refuse as defendant had waived the ed copy of charge. Held. not eror to right secured by Section 6, Bill, Of Rights. Constitution 1901.
 Heard before Hon. s. l.. Weaver
 Appal from Jefferson Criminal Court
 Affirmed. Opinion by Dowdell. J.
 Weakley. C. J., and Haralson and Denson. JJ.. concur
The Montgomery advertiser., 1906-10-22

CITY OF ENSLEf " M WiLLiAMo, Bill to Enjoin City from selling Lands
 for Taxes-CDecided May IT. 1906.
 Al So. Rep. 296.)
 l. ouieting title; pleading: com plaint within statute.-A bill which al leges that on account of the unconstl- tutionality of an act extending the cor porate limits of the city the compiaih- ants land was not within the city linn it's; but the city had instituted pro ceedings to sell the land for taxes that such proceedings would work an lh- jury for which there was no legal rem edy; that @ tax deed issued by the city would be prima facie evidence and cloud on compliments title. in the an- sence of extrinsic facts to show the in validity of the proceedings; Is insuf1- cient under Chapter Is. Art. 3, Code or 1896. as a bill to quiet title or remove cloud therefrom.
 2. Injunction; proceedings restrain able: collection of taxes.-Unless there
The Montgomery advertiser., 1906-10-22
NORMAN ". THE STATE.

Assault With Intent to Rape.-(De-
 cided May 16. 1906. Al So Rep,
 o95.)
 Criminal law: bil of exceptions; fil- ing; time; exceptions.-Where the court allowed thirty day extension for filing a bill of exceptions from De- cember s, 1905. and on January 8. 1906, granted another extension of time, the latter extension was not given within the time allowed for the first extension and the bill was ineffective. although January :. 1906. came on Sunday
 Appeal from Chiffon Circuit Court.
 Heard before Hon. A. H. Alston.
 Af,rmed. opinion by Simpson. J.
 Weakley. c. J.. Dowdell and Ander- son. u, concur.
Tonopah bonanza. [volume] (Butler City [i.e. Butler], Nev.) 1901-1909, 1906-10-30

MEMBER or ASSOCIATED PRESS.
Tonopah bonanza. [volume] (Butler City [i.e. Butler], Nev.) 1901-1909, 1906-10-30
TERMS OF SUBSCRIPTION
Tn sImsCNIDER

Application pending for entry as
second-class matter at the Postoffice
in Tonopah, Nevada.