davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1906-10-11
mlNrAeoN WINS THE cgsARewlTcH

London, Oct. lo.-At Newmarket to-day the
Cesarewitch Stakes. for three-year-olds and up
ward, at two miles and quarter was won by
Mintagon, with Biblani second and Roval prea N
third. Twenty-four horses started.
New-York tribune., 1906-10-11
GOLF ON PRINCETON LINKS.

Princeton, n. J., Oct 1o.-The semi-hnal round n
the Princeton golf championship was played to-
day. H. J. Gee beat W. s. Thomas. up and 2,
plav and J. B. Snakard beat C. Zeiss. up ana )
to play.
New-York tribune., 1906-10-11
BELMONT ENTRIES TO-DAY.

r-rpsT RAcF-Selng; for three-year-olds ana upward
AZ ffteen pounds under the scale: 70 be ridden 10y
epnrentce Jockeys boys that have never ridden
,T6ra than two winners: $1,000 added. Seven fur-
New-York tribune., 1906-10-11

Hlts-ON White. q IN INNINGS on owen, g IN 8 In-
nings. Sacrifice hits-Reubach. steinfeldt sheckard
stolen bases-Chance 2; Tinker o Evers Double uIaTs
asheckard and Kling' Evsrs and Chance Struck out
Or White. .: or Owen 8; or Reulbach g. VIVA
pitches-Reulbach. owen. Hit with ba-Rohe. Tina
1:5s. Umpires-O' Loushin and Johnstone
New-York tribune., 1906-10-11

TGuehdowns,-Msson q schumacher l. Goals from
Hall Umpires-Dadmun Worcester; Holden B, A, A.
Referee - Pendleton Bowdoin IAnesmen = Eggleston
Harvard; Hedges, Bates Tmer-F. NJ. Wood. Time
20 and IS minute halves.
New-York tribune., 1906-10-11
Yale QD

~ oIoucndowns-Morss (2). Goals from touchdowns-Kno
Czlr Referee-Michael J. Thompson. Waterbury. Umpr
Dr = NJ Hammond. New Haven. linesnan-
daIcott B sui New Haven Time OF halves, Is min
New-York tribune., 1906-10-11

Be,mere sSed the going. and was q
the Post cIosea = big gap. and Wog.c
New-York tribune., 1906-10-11

Dr. Gardner made "A show Of his field Dfshai
okesife stopped, ana Jaoohite ran below his form.
cTH RACE.-Selling: for three-y year-olds ans INV
W eently. Tine sc. Winner. b. &. by Og
New-York tribune., 1906-10-11

u was only good exercise gaiiop FOR Toddles
but was all out 20 beat Belle q Iroquois
oD RkCE.-THE HURRICANE: selling: FOR two
ID cleVerly Time. 1;01ss. Winner. ch. q by Col
New-York tribune., 1906-10-11

'Apprentice allowance.
New-York tribune., 1906-10-11

ger OF her all b,, I.,, .
& the winner with break ~' es' ~
The Montgomery advertiser., 1906-05-14

him guilty of contributory negligence. The proper inquiry is concerning his surroundings at the time. did he exer-
 else such reasonable care for his own safety as would be expected of an ordi- nary prudent mann" in the case at bar.
 was proper, 1t being equivalent to the hypothesis, "one similarly situated"
 IS. Same; A charge instructing the jury that if they are satisfied that de- ceased knew that the block would prob- ably fall upon the chain being slack ened, and knew that when the column lrested on its base the chain would properly slacken, and he remained un- der said block after one side of the base of the column had landed on the pier, for sufficient length of time to hay egotten out from under the block, until he was struck by the block and killed. the plaintiff cannot recover, was properly refused as failing to hypothe- , size that he remained under 1t after
 knowledge of the fact that the chain had been slackened, and upon the find
 ing as a fact by the jury that the
 block fell by reason of the fact that the chain was loosened by the column resting upon its base
 l9. Same.-Instructions misleading lin their tendencies, or which improperly place the burden of proof as to contri- butory negligence are propertly re- fused
 Appeal from Gadsden City Court. Heard before Hon. John H. Disque.
 Reversed md Remanded. Opinion by Simpson, J.
 Tyson, Dowdell and Anderson. JJ.. concur.
The Montgomery advertiser., 1906-05-14
REFER CONNOLLY MFG. co. v. HAMIIN. AS ADMIR-.

HAMIIIN, AS ADMIR-.
 Action by administrator for damages
 for death of empioye. Decided
 Febraary 1, 1906. GAO So. Rep.
 2so.)
 1. Master and servant; injuries to servant; .sufficiency of complaint.-A count in complaint for the negligent death of an empioye. which alleges that prior to and at the tinie of the Kill ing intesfate was an employe of de- fendant corporation, and was engaged in the duties of his employment; that his death was caus sd by the negligen.c of named superintendent while in the exercise of such superintendnce; that the neGliKAnce consisted in the superintendent neglizcutly causing chain to he slackened which held block. under which iutestate was en- gagged in the discharge of the duties of his employment. and which fell by reason of the negligent slackening Of the chain, Killing ifits ss-i'a, sufficiently states all tha facts necessary to con- stitute nsgiigence. and Is not subject to demurrer.
 ?. same.--A count in a complaint for the negligent death of an am- ploye, which states the relations If intestste and defsndant. and alleges that fntestate's death resulted from an act Of some person in the employ of defendant. describing the act and al- leging that such act was done In obe- diencs to particular instructions from one R. who was delegated with the authority of defendant, and that such instructions were negiigently given, is sufficient without stating the name of the person whose act. done iD 3oedf- enee to negligent instructions. caused iutestate's death.
 8 Same---A count h a complaint for the negligent killing of an employe, which alleged that plaintiRs intes- tate. at the time If the killing, was in the employ of defendant and engag- ed in the discharge of the duties of his employment; that the injuries com planed of were caused by the act or some person in the employ of defen- dant. in slackeninK a chain. the pres sure of which held a block under which plaintiffs iutestate was at the time engaged In the duties of his eTn- pioymebt. whereby the block was loos- Aned and fell upon intestste. killing him: and that the act of elackening the chain was done in obedience to particular instructions neglisently 6iv- en by ona R, a person delegated with the authority of defendant in that be- half, sufficiently states cause of &C., tion under Section 174s. Subd. 2. Code 1tss.
 Pleading; conclusions of fact; negligence--It ia not necessary to aver in what particular the orders or direc- tions were negligent. in an action counting on injuries resulting from or- ders negiigently given by detendants representative
 B. Master and servant; risks: con current neRligence.-The fact that an employe was killed while In the dis charge of his duties after having been warned about the dangers of the par
The Montgomery advertiser., 1906-05-14
MOSS ys. STATE.

MOSS VS. SIAI
 Larceny of Shoes from Railroad Car:- Decided February l6, 1906)--(40 So. Rep. 840.)
 i. Criminal Law; Evidence Improp- erly Obtained; Curing Error. No threats having been made to induce de- fendent to pull off the shoes he was wearing and permit them to be exam ined by witness in the presence of an officer, and while incarcerated. and the defendant making no objection de- scriptive of the shoes defendant was wearing when arrested was admissible and was not objectionable because de- fendant was compelled to take off his shoes for inspection; and if it was er- TOT to admit such testimony. 1t was cured when the defendant went upon the stand and stated that he was re- quested to permit an examination of the shoes and that he took ,nom of and handed them out.
 2. Same: Opinion Evidence: Value Ir a prose.ution for larc sny of 'hoes from a railroad car. it was competent for a witness to testify to the value of shoes without first showing that such witness had bought sold or own ed any shoes of the brand alleged to have been stolen.
 B. Same; Instructions-Under an indictment containing several counts a charge requiring the jury to find de- fendant not guilty under a particular count is improper in form, and when there Is evidence from which the jury might find the defendant guilty the general charge Is correctly refused
 Appeal from Auuiston City Court.
 Heard before Hon. Thomas W. Cole man. Jr
 Affirmed. Opinion by Simpson. J.
 Haralson. Dowdell. Anderson and Denson, JJ.. concur.
The Montgomery advertiser., 1906-05-14
WILLIAMSON IRON co. V. MCQUEEN,
 AS ADMINISTRATOR.

AS ADMINISTRATORS.
 Action for Damages for Death of Elm
 ploye-Decided Feb, 1T. 1sos.-t4o
 So. Rep. 306).
 1. Master and Servant: Fellow Ser wants; Statutory Provisions; Persons Exercising superintendence.-On hav- ing general superintendence at night Of all the employees engaged in operat- Ing blast furnace was in the exercise of surerintendence under Subdivision ?, Section 1749 Cole 1896, so as to rem der the master liable for the negligence of such person while in the exercise of superintendence; so also was one who had charge of the special gang of men engaged in the breaking of ore to proper size and loading 1t into the fur mace.
 2. Same; Negligence of Superintend- ent; Cnanticipated Results.-The mas ter is liable for the negligence of one exercising superintendence intrusted to him, in permitting Jumps of iron ore of too largo size to be loaded into furnace, thereby causing a "scaffold' to form, and the falling in of which caused the 'bosh jacket" to give way, precipitating a mass of molten matter upon deceased, causing him to be burned to death, although such super lhtendent did not know, or was not cha"g"able with Knowledge. that the loading of the furnace with improper material would cause the "bosh jacket" to give way
 B Same; Contributory Negligence; Jury Questionable evidence being in conflict as to each alleged act of con tributory negligence on the part of de"eased it was prePerly submitted to the jury to determine whether deceased was negligent, when. as general man ager, he superintended the rebuilding
The Montgomery advertiser., 1906-05-14
How to Cure EpIIsptic Flis

Miraculous as it may seem, we have found a way to cure epilepsy or fall ing fits. It is Elixir Kosine, the dis covery of a well known Washington scientist. and we have SD much faith in 1t that we guarantee to return .he patients money if 1t does not cure the case. which hitherto had been consid- cred incurable.
 Elixir Kosine gives instant relief from the terrible epileptic fits and spasms and makes an absolute and lasting cure. no matter how severe the case or how many doctors have pro- nounced it incurable.
 Do not despair, Elixir Rosine Is a scientific remedy for the cure of epi- lepsy or Ats. It is not recommended for any other disease. but is gudran- teed to cure this terrible affliction Price. $50. Mail orders filled. The Kosine Co.,. Washington. D. C., or E.. e Fowler. Montgomery. Ala
The Montgomery advertiser., 1906-05-14

exceptions does not recite the concius- ions of the trial court and shows an exception thereto, such conclusions will not be reviewed upon appeal.
 3. Witnesses; Relations of Attorney and Client.-Where 1t is shown that petitioner to have default judgment set aside called at the office of an at- torney and on being told he was out. left to return, and on returning found the attorney still absent. whereupon another attorney offered to perform the preliminary duties for the absent attorney, and did SO; held not to create the relation of attorney and client. so as to excluse affidavit of such attor- ney.
 Appeal from Birmingham City Court.
 Heard before Hon. c. W. Ferguson.
 AffirIned. Opinion by Anderson, J.
 Haralson, Dowdell, simpson and Denson, u. concur.
The Montgomery advertiser., 1906-05-14

of the furnace and failed to provide a reasonably strong ''bosh Jacket;'' or whether or not he permitted the use, in the furnace, of inferior coke; or In causing the blast or cast to be with drawn just prior to the time the slip the jacket.
 4. Appeal: Trial Courts Discretion; New Trial--Unless there appears to be palpable failure of evidence, the action of trial court. in refusing @ motion for new trial on grounds of the insuffi- ciency of the evidence, will not be dis turbed upon appeal.
 5. Trial; Instructions; Credibility of Witnesses.--An instruction that if the jury are reasonably satisfied from the evidence that any one witness willfully swore falsely in any material particu- lar. then the jury may disregard the testimony of that witness entirely, is proper.
 6. Witnesses: Leading Questions.-- The question Don't you know, with the utmost care they slip in," referring to large pieces of ore, was leading and objection to 1t properly sustained.
 z. Evidence; Opinion Evidence; Ex- pert.--It is proper to permit one shown to be an expert furnace man and build- CT to testify as to the condition of the furnace prior to the accident; also if he saw material that came from the furnace and Its size; whether material was of sufficient thickness for fur mace of that size; and to describe the conditions of the iron in the furnaces. and whether 1t had crystalized when 1t broke loose.
 s. Master and Servant; Contributory Negligence; Instructions.-An instruc- tion that whether or not the bosh jacket was old. if it was reasonably sufficient for furnace of that size. or that 1t appeared to deceased, in the ex- ercise of reasonable care. that it was reasonably sufficient, and he was a reasonably prudent man, he could not be charged with contributory negli- gence, even if greater strength in the jacket would have prevented deceased death, was properly given.
 Appeal from Jefferson Circuit Court
 Heard before Hon. A. A. Coleman
 Affirmed Opinion by Denson, J.
 Tyson. Dowdell and Anderson, u, concur.
The Montgomery advertiser., 1906-05-14

of assets of the estate, and assets prove insufficIent to pay the debts, he canot compel the distributes to refund: but if he was not negligent and acted In good faith in making dis tribution without knowledge of the outstanding debts. he may require a refunding.
 Appeal from Autauga Chancery Court
 Heard before Hon. W. w. Whiteside
 sRehearing denied April 8, 1908.
 Reversed, rendered and remanded. Opinion by Haralson, J.
 Dowdell. Simpson. Anderson and Den son, JJ., concur.
The Montgomery advertiser., 1906-05-14
MOORE vs. STATE.
Murder -(Decided February IT. 1906.l
 -(4O So Rep 345.l

Murder.-(D Decided Fepruary H. 1SVo'p
 -(4O So Rep. 345.)
 1.-Jury; Challenge for Cause; Rela- tionship to Join Indictee.--A juror re- lated to one jointly indicted with de- fendant, although not on trial at the time, is subject to challenge for cause.
 2. Same; Time of Challenge.-A jur- or was drawn and qualified and accep- ted by both state and defendant; subse- duent thereto. but before he was sworn for the trial. it was discovered that he was related to one jointly indicated and the state challenged such juror for cause; Held, proper to permit such challenge and that it did not come too late.
 g. Homicide: Dying Declarations Testimony of two witnesses that de- ceased said before he died that he was shot and knew he was going to die, was a sufficient predicate to which to admit evidence of dying declarations.
 4 Criminal Law; Instructions; Ig- norinR Issues.-It being open to the
The Montgomery advertiser., 1906-05-14

And when all your reforms are es- tablished, what will happen thenT well" answered the man who Is earn est, but not blgoted; T suppose lot of the other reformers will arise and wan, to 20 back to the good old ways of theip forefathers." Htar.
The Montgomery advertiser., 1906-05-14
BAKER vs. JOHNSON. ct al.

BAKER vs. JOHNSON, ct al. EJectment.-CDecided February 1T,
 l9O6)-(40 So. Rep. 34s)
 ]. Opening Default Judgment; Fail- ure to Demand Jury; Waiver of jury When ono who has permitted Judgment by default to be entered, and on filing a petition to open Judgment fails to de- mand a trial by jury he valves such jury trial; and demand for jury trial made after the filing of petition comes too late, under Acts 1sSS-S9, p. 997.
 ?. Appeal; Record; Matters to be shown: Exceptions.-Where the bill of
The Montgomery advertiser., 1906-05-14

BALDWIN ct al. " ALEXANDER ct al. Bill by Surety to Be Subrogated to
 Rights of Administration and from
 Refunding from Distributers-De-
 cided Feb. IT. 1so6".-(40 So. Rep
 S91).
 l. Descent and Distribution; Real Estate.-On the death of decedent his real estate descends directly to his heirs or devisees.
 9. Administrators: Debts: Lands to Pay Debts; Insufficiency of Personality. Real estate does not become assets in the hands of an administrator for the payment of debts, and may not be sold for that purpose. unless the personal property Is insufficient.
 3. Subrogation; Administrators; Sure ties.-Where an administrator, without knowledge of the existence of claim or debt due minor, settled properly his accounts and paid the balance in his hands, in amount sufficient to pay claim of minor. to the heirs of the es- tate; ands later, and within the time allowed to minrrs, to file claims, suit was instituted and judgment recovered against him and his sureties on such claim, which judgment the sureties paid, and the administrator is insoivent. the sureties are entitled to be subro- gated to the rights of the administra- tor against the distributes.
 4. Descent and Distribution; Fraudu- lent Conveyance by Distributees.- Where lands of an estate have been fraudulently conveyed by the dis tributees to certain person, who had notice of the fraud, such fraudulent conveyances would not stand in the way of subjecting the lands to the repay ment of the debt paid by the sureties of the administrator, the fraudulent vendees not being bona fide purchasers. for value without notice; and the lands being regarded as still in the hands of the heirs
 5. Administrators; Voluntary Settle- ment of Estate; Knowledge of Out standing Debts-If an administrator, with knowledge Of outstanding debts voluntarily makes a distribution
The Montgomery advertiser., 1906-05-14

jury under the evidence to find that de- fendant was present at the time of the killing and that he aided, abetted or assisted in or encouraged the killing. although there may have been no con- spiracy to take the life of deceased in- to which defendant entered, charge which ignores all consideration of such laid. abetting or encouragement which would render defendant equally guilty with the one firing the fatal shot. Is properly refused.
 5. Homicide: Conspiracy; Effect.--If the defendant entered into an unlawful conspiracy against deceased. although the conspiracy was not to kill, yet, If death resulted from such conspiracy the defendant would not be guiltless.
 6. Criminal Law; Bill of Exceptions; Construction; Exceptions to Instruc- tions.-Bills of exceptions being con- strued most strongly against appel lant, and it not appearing from the rec ord that the exceptions reserved to the courts oral charge were made pend ing the trial and before the jury re- tired such exceptions will not be re- viewed.
 Appeal from Ta1lapoosa Circuit Court.
 Heard before Hon. A. H. Alston.
 Affirmed. Opinion by Dowdell, J.
 Haralson, Simpson. Anderson and Denson, JJ.. concur
The Montgomery advertiser., 1906-05-14
CLISBY vs. CLISBY.

 Bill to Construe Certain Provisions of a Will-(Decided February IT, 1906.) -(40 So. Rep. 344.)
 Wills; Trusts: Beneficiaries-A clause in a will providing: that at death of trustee therein named, all the property remaining. shall be given to my children then living: but if any lchild or children be dead leaving heir or heirs, the parents share to go to such heir, providing. however, that in the final division of my estate after the death of my children each and every child shall be accountable for whatever portion of my estate that may have been set apart to it or them by my trustee, at any time after its or their majority, under the power herein giv- en;" does not invest in child of one of testatrlx' children any interest or little to lot purchased by trustee un der powers in the will. out of rents arising from the corpus of the estate, the deed having been taken to the trustee for five named children of tes- tatrix ;the said lot not belonging to testatrix at time of her death. Appeal from Birmingham City Court.
 Heard before Hon. Charles A. Senn.
 Affirmed, Opinion by Tyson, J.
 Dowdell, Anderson and Denson. JJ., |concur.
Every evening, Wilmington daily commercial., 1906-06-05
ELEVENTH WARD PLAYHOUSE.

One OF the strongest attractions Ia
nt the Eleventh Ward Theatre this
week. Those attending last night saw
"a performance that surprised them.
IL was a scream from curtain to cur
tain. The attendance all this week in
view of the excellent bill is sure to be
a revelation.
Orville Pitcher opens the show with
n black face act, elioiting laughter and
applause by his expressions, manner
of speech and good monologue. Allen
Delmain q Co. follow in n laughable
sketch, "A Tin Wedding, " which
made a hit Mr.. Allen is assisted by
Miss Maybelle Delmain in gorgeous
gowns of Partisan pattern.
Miss Pert Croix, in an illustrated
song act, Is big favorite; she sings
7 Sleeping Where the Lilacs Bloomii
land Starlight, augmented 10y a
lnumber Of especially made slides.
Hanson and Drew in 'The Village
Postmaster, - IS a big hit; Hanson as
"the opera manager and Miss Drew
as "Sis Hopkins, are a strong draw
. ing card.
Ada Boulden is big favorite in her
operatic numbers. Her " Preacher and
the Bear'' issextremely funny. James
X. Maoxey AZ Co. in the funny play.
cite. tphe Senator, ~ are the laugh
/ producers Of the aggregation and the
character work OF Mr.. Mackey a.
Michael Dooleytis as clever as can b,
found anywhere. Curtis moving pic
lures CLOSE the show with 9TH,
NCritic" and one other new film.
Every evening, Wilmington daily commercial., 1906-06-05
OVER IN MARYLAND.


Caught by machinery at the Elkton
pulp mill, one Of James Marcus hands
was badly crushed.
A class of y was confirmed at Christ
Episcopal Church, Easton, Sunday even
ing by Bishop Adams.
George R. Ash, editor of the Cecil Demo-
crat, at ElSton, has been appointed State
auditor by Governor Warfeld for a term
OF two years.
The Kent County Orphans Court has
appointed Messrs Andres W. James. E..
and J. F Woodall administrators Of the
estate OF the late Capt Andrew Woodall
The Kent County School Board has
been petitioned to consolidate the Upper
Quaker Neck and Middle Quaker Neck
schools by the patrons Of the two schools
Forleits Of 5000 have been posted
with the Town Councils Of Elkton and
Newark, by the trolley company that
proposes to build a line between Elkton
and Wilmington.
Fire Saturday morning DESTROYED the
barn and contents on the farm of Richard
R. Turner, near Betterton. Loss esti-
mated at 81 500, which is partly covered
by insurance.
William II. Garner, a highly respected
citizen OF Carroll county, died on Sunday
AZ the home OF his daughter in Aberdeen.
Deceased was u years of age and leaves
widow and three daughters.
The SSth annual convention of the
Diocese Of Easton will convene in the
Protestant Episcopal Church at Easton
today for a four days session. Bishop
W: Forbes Adams will be the presiding
The executive committee Of the Mary
land Christian Endeavor Union has ar
cepted the invitation Of the Salisbury
societies TO hold their biennial convention
IN that town during the third week in
October next.
Capt. Robert S. Emory, president of
the Maryland Horticultural Society and
one OF the largest fruit growers on the
Eastern Shore, is dead at his home near
Chestertown, aged "a years. Five chill
drcn survive him
The Democrats of Cecil county have
issued a call for their primaries to be held
throughout the county on June 10th to
elect delegates to assemble in Elkton
on June 18th to select four delegates to
represent that county in the First Con-
| gressional District Convention to be held
IN Ocean City on July 18th.
An event Of great social interest tool,
place Saturday evening in ST. Johns p
+. Church. Havre de Grace. when tho
marriage Of Miss Elizabeth W. Hopkins
daughter Of Or. and Mrs. w. W. HopLins
and Lyman T. Perry of Havre de Grace
was performed The ceremony tool
place beneath floral bell bv Rev
Frederick Humphrey. The bridesmaids
we're Miss Juliet 5. Knight and Miss Grace
shaw Of New York. Misses Dorof h,
Van Diver and Katherine Greenwav were
flower girls. Egbert Perry was best man
and Messrs. Langdon Perry and Frank
Perry Of New York; Cecil and Reginald
Perry Of Philadelphia. and Thomas and
j. {. Hopkins Of Port Deposit. were
ushers. A reception was held after the
ceremony.