davidaulloa/AmericanStories huggingface dataset:
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-07-14
PARISH DOCTORS NAMED
County Court Also Selects Over
seers Of the Poor.
WRESTLING WITH TAX LEVY
Members of the Court Confronted
BY o Problem That Will Be
Hard to Solve.

AT the meeting Of the County court
Monday afternoon, the physicians for
the different districts of the county
were appointed. as well as the over
seers of the poor. The list of physi.
clans is as follows:
M~artinsburg District-Dr. T. K
Oates
Hsdgesville-Dr. M. S. Butler.
Falling Waters-Dr. J. II. Oliver.
Arden-Dr. j. B. SnodRrass. north
half DR.. J. W. Hoover, south half.
Mill Creek-Dr. G. w. Swimley.
Gerrardstown-D. j. II. Shipper.
Opequon-Dr. E. l.. Strobe. east of
the creek DR.. II S. Castleman. west
of the creek.
County Asylpm-Dr. NJ. e. Nc
Cormack.
Jail-Dr. Clifford Spercw.
Board of Health-Dr. G. J. E.
SponseIler.
The overseers OF the poor appointed
were as follows:
Martinsburg District-James Youtz.
Hedgesvilte-C. J.. Grabill
Falling Waters-J, B. Baker
Arden-A. X. Kyner.
Mill Creek-W. H. Wright.
Gerrardstown-S. B. Stuckey.
Opequon-Joseph Siler.
A petition was submitted by resi-
dents of the Failing Waters district,
! asking the court to district the vote
ing precincts in order to make four
voting places instead OF three. This
matter was laid over until Saturday,
! July 81.
! W.. H. Myers, a resident of Van
alevesville. was granted the ~unexpired
! license for a saloon and restaurant OF
the late Jacob Schleuss, and will con
lduct the businers at the stand named
in the license.
The court will make the levy for the
coming year at the meeting on JULY
81.
1t is said that 81 members of the
county cdurt are in a decided quand.
ry as 10 the lew. Under the in
strnction sent out by State Tax Com.
missioner Dillon the court must make
the levy in accordance with th'
figure handed in by the state auditor
Bnt it is pointed out by the cour
that this will be a very difficult task,
from the fact that the railroads will.
refuse to pay their assessments unit
the suits are finally decided, which
Ptmay take two or three years. This
will mean that at least $4,000 Of
the county's revenue will be tied up
and that this cannot be made up from
bother sources. owing to the fact tina
the new law imposes a limit on thu
&amount raised by levy. This vii
prove a tongh problem for the mem
beers Of the County court to solve,
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-07-14
ENTERTAINED FRIENDS.
Mrs. Stuckey complimented Her
Guest Monday Night.

Mrs. ID. f. Stuckey entertained
about 40 members of the Ladies' Mis-.
sionary society of the First Baptist
church on Monday evening at her
home on East Burke street, the wen
being in cCmpliment to her guest Mrs
f. A. Read, of Wheeling. A literary
and musical program was rendered,
after which refreshments were serv-
ed. The affair was an altogether de.
lightful one.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-07-14
WILL BUILD BRANCH.
Locust Point Line TO Be Started
Activity in Wheeling.


The Baltimore and Ohio railroad
company give notice that it will begin
condemnation proceedings to secure
rihgt of-way TO build its Locust POINT
branch line. ID. 9. Carrothers is
chief engineer at Baltimore.
About "a, 200. 600 is being expended
at Wheeling in the erection OF station
elevation OF tracks. bridges. RETAIN
ing walls. new freight yards. power
plant etc. The work is under the
direction OF ID. @. Carrothers, chief
engineer; j. f. Greiner, assistant
chief engineer; William Graham,
assistant engineer of bridges and
buildings. and M. A. Long, architect.
all of Baltimore.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-07-14
MAY LOCATE HERE.
Mr.. Trammell Looking Around For
Congenial Home.

Mr.. John w Tammell. well and
favorshly knewu in Martiasburg.
who has been a resident of Oxford.
Neb., for a pumSer OF wears, and who
recently disposed of his business prop
erty in tbe west. is here for an in.
definite stay. Mr. Trammell hae pros
pered in the home of his adoption, and
returns east to find a congenial home.
He will make Martinsburg his head
quarters. and may decide to remain
here. Mr.. Trammell has manv friend
here who would be glad to have him
for a fellow -townsmsn.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-07-14
PRIZES AWARDED.
Red Men of This City Get Check
For $25.

The committee in charge of the
prizes offered by the Red Men Fourth
of July celebration at Clarles Town
have finally decided on the following
awards The prize of S25 10 tie tribe
having the iargst number Of uniform
ed men in line was awarded to Tus-
carora tribe, Of Ma~rtinshurg. The
$25 to tribe coming the greatest
disance to Chippewa tribe. OF Freder.
lex. The prize of sl5 in the reel race
was awarded to Shawn G tribe, Of
Winchester.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-07-14
PRESBYTERIAN REUNION.
Annual Gathering to B.. Held at
Pen-Mar on Thursday.

Pen-Mar on Thursday.
The annual re union of the Presby
terrain church will be held at PEN
Mar on Thursday of this week. An
elaborate and INTERESTING program has
been arranged, IN which music is an
important feature. and the occasion
will doubtless be highly entertaining.
The committee of arrangements,
among whom are the Rev. f. M.
Woods. of Martinsburg the Rev. h.
A. White. of Gerrardstown, and Mr..
L. X. Moore, of Charles Town, have
labored hard to make the reunion a
success and il remains for the public
to do the rest. Members OF other de-
nominations are cordially invited to
attend.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-07-14
In Trouble in Hagers.owra

A Martinsburg man got drunk ana.'
Law on a bench in front OF the
City hotel, in Hagerstown. where he
was found by Policeman Peltz and
put in the cage Justice Hartle tined
him ~, which he paid.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-07-14
FOUND DEAD IN A FIELD.
At First Thought That big Mike
Had Been Murdered.

The body of a man known as Big
Mike emloyed by Contractor Mich
ael Elmore on the Western Maryland
railroad work, was found On the farm
OF Henry Gearhart, near Big Pool,
Sunday at loon. At first it was
thought the man had been murdered,
bat it is generally believed he died
Of alcoholism. The body lay in the
Gsld where il was found until Sun
day night, when il was removed to
Big Pool station. 1t il thought the
man had been dead for some time be-
fore the body WIS discovered.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-07-14

Mr.. G. F. Gibbs Will Enlarge His
Dry Goods Business.


The 9. Il. Gibbs Dry Goods Co. of
this city, has been chartered under
the laws of West Virginia, with u
capital stock Of $40. O0o. The com
pany will conduct the dry goods bust
ness heretofore under the management
Of Mr.. Gibbs. and the latter gentle
man. who is II of the largest stock
holders. will continue in the position
of general manager. Mr.. Gibbs has
been doing a nice business at his
North Queen street stand, and the,
enlargement of the working capital
Will enable his new COMPANY to-
branch out and handle a larger and
more varied stock. The new organiza--
he's bright prospects for a sucs-
business.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-07-14
WHEAT ALL CUT.
Yield in Berkeley County is Said
to Be Satisfactory.

The farmers of Berkeley county have
fms he'd cutting wheat, and it is re-
ported to be of good quality, and the
heads well filed, under which cnndi-
lions there will be a good Weld.
The wheat stood up remarkably well.
storms that visited this section.
This was due to the fact thai the
dry weather prevented a too
luxuriant growth of straw. The
timothy hay crop will be a great deal
better han as anticipated earlier in
the season.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-07-14
TO coLoNIzE

Plan of a Minister in Washington
County, Md.
A movement is on foot to establish
German Lutheran colonies In Western
Maryland. Rev. II. B. Cunz, pastor
Of st. Matthew's German Luthrean
church. Hagerstown, is the leading
spirit in the enterprise He has the
promise OF the cooperation of the
Western Maryland railroad. Rev. MIR.
Cnnz j. a native of Germany. al d
believes il proper inducements were
offered, large numbers OF German
Lutherans could be Influenced to en-
igrate TO America and settle IN Wash
ipgton county.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-07-14
Shot a Crane.

james Bird, a colored rirer guide.
shot a crane measuring seven feet
across the wings, on the Potomac.
A Hagerstown nan win noun the
bir@.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-07-14
MR. oDGEN FAILS.
erkeley County Man Meets With
j Reverses at Winchester.

Mr. Archibald Oden, jr., who has
kn engaged in the boot and shoe
|siness in Winchester, for several
hrs, has made an assignment to
ttornev II. 5. Larrick. for the bene-
tof his creditors. His liabilities are
bted at So, 900. His assets, consisting
Ia stock Of goods and open accounts
not given. MI. Oden is the son
mir. A. Oden. of this county.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-07-14
NEWSPAPER AMENITIES.
hancock and williamsport Editors
J Exchange Courtesies.

n -EVI1UE1TbE ~V|E 49,
| Newspaper amenities between Han
kck and Williamsport are slightly
kained at present on account of the
Apdel road being made at the former
face. The W%illiamsport Leader man
Aticizsd buildiEg a road IN that
suon of the county and the Han
Eek Star man came back with a hard
ock at Wiiliamsport. The Leader
turn hands the Star a roast hot
ough To scolch the Star mans hair
Nd says if the Hancocker visits
Elliamsport "unless we are mistaken
good cowhiding with a ducking
Eaits him.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-07-14
ON AN AUTO TRIP.
Party From Baltimore Passed
Through This City.

Through This City.
An automobile party. consisting Ct
DR.. NJ. II Carter, and Mr.. Allen
Carter. Of Baltimore. sons of DR.. J.
p. Carter OF Gerrardstown, together
with two sons of the former. spent
several days with the doctor in Gerr-
azdstown last week, and en- Sunday
proceeded on a tour through the
valley expecting to return TO Balti
more via Luray and Berryville. DR..
J.. p. Garter accompanied the party
10 Winchester and got his first ex-
pereince in antcmobiling.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-07-14
WANTS MUSIC IN SCHOOLS.
prof. Elliott Will Apply For Posi-
ton of Instructor.

tor OF Instructor.
! Prof. John t. Elliott. the we'll
known vocal teacher, will file with
the school commissioners of the Mar
EnsbnrR district an application for
appointment as instructor of music in
the public schools of the city. He
i'll bring the matter up at the meet
ing of the board next Monday night.
I teacher Of music was formerly
Employed by the commissioners, bat
mis- branch Of study was discontinued
everal years ago. much to the disap-
tointment of many patrons of the
tchools.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-07-14
? Il WILKINSON DEAD.
VAS FoHAEn cHtEr mACArNssT o.
Tah cRUrEs RALnmoRE.

c~comp~ntsd Rody OF Inventor Erauh
son 20 s~~svisn-Hoy Dies in Agony
From Iockjaw.
Patrick Henry Wilkinson. of Wash
ington. who served In tie American
navy With Admiral Bob Evans. and
was chief machinist Of the cruiser
Baltimore. died Sunday at the home
OF Q. X Smithey. at Bruoetown.
Fred rick county, after a lingering
illness of tuberculosis, aged AZ years.
The remains will be shipped to WASH
ington Wednesday, and the funeral
Will be held there, with the burial in
Hollywood. Richmond. Va. Mr..
Wilkinson leaves a widow, Mrs. Eva
Wilkinson n o Ernest wilkins u ;
five sisters and n brother.
Mr.. wilkinson went to Sweden ON
the Baltimore rs chief machinist when,
Fri kson's body was taken to that
country md va presented with q
medal by King Oscar, bv whom he
was received in audience with other
American sailors. He had visited
Asiatic and Mediterranean ports. He
came here in search OF health. He
formerly lived in Richmond and Nor
folk.
DIED IRON LOCKJAw.
Carroll S. Cochran, the yonngess
sou of Robert Cochran,of Round Hill.
Ioudoun county. died at Winchester
ON Monday OF locEiaw. following
blood poisoning. The lad injured his
leg while at play, He suffered great
agony before death came.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-07-14

Subscribe for The Evening World.
80 cents a month.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-07-14
WILL HEAR APPEALS.
RAILROAD TAX cAsEs TO CoMk Up
IN THE ciRcUIr COURT
IL is stated that the Railroads utli
Garry the Case to n United
state Supreme Court.

state Supreme Court.
4 special term OF the B rkelev
Circuit court will be held on Wednes-
day by Judge Faulkner. at which
time the court will hear the appeal of
the Baltimore and Ohio and Cumber-
land Valley railroads from the val .
ton placed on their properties in
Berkeley county bv the state board
of public works The valuation of
the Baltimore and Ohio is ri ced at
$40, 600 par mile. while hat OF the
Cumberland VALLEY is a trifie over
$40. 900.
1t is stated bv those in a position to
know that should the Circuit court
refuse to lower the valuation of the
roads to what the COMPANY claim is a
reasonable figure the suit will be
Immediately taken to the state
supreme court. In the evert of failure
in the highest court in the state, II
will be carried to the supreme court
of the United States.
Judge Faulkner has also called a
special term of tie Jefferson Circuit
court for Thursday. and it is under
stood that the Baltimore and Ohio
railroad will appeal from the valua-
tion placed on its property in Jeffer-
son county.
GRANTED AN APPEAL.
The Baltimore and Ohio Railroad
Co. was Monday granted an appeal by
Judge Mason from the valuation of its
property in Marion county as fixed
by the state board of public works.
The road ask for a reduction in its
assessment of 81. 600, Geo to 50, 600, 600.
The Montgomery advertiser., 1906-11-16

that if defendant was at fault in
 bringing on the difficulty, yet if he
 withdrew from 1t in good faith and
 was departing when deceased walked ur to him and either pushed or knock cd him down, and got down on him. and 1t appeared to defendant that ne was in danger of great bodily harm, and ne could not have retreated. de fendant had the right to shoot dtceas ed was erroneous and properly refus- ed; So, also, was an f structlon assert Ing that if the jury believed that de- fendant had had no dlfhculty with de- ceaRed, and nothing V as said or done by defendant to deceased. and deccas- ed came up to him and showed him down. and defendant could not have retreated, and lt appeared to defen- dant that he was ih great danger of bodily harm from deceased, eAen defen- daut had the right to shoot
The Montgomery advertiser., 1906-11-16
THEODORE LAND co. v. LYON. r.iacYra es1t.-~lD Decided April 2S, 1906.'

THEODORE LAND co. v. LYON. Ejectrnent--( Decided April 2S, lsOS.'
 4i So. Rep. 6S2.)
 l. Evidence; admission of aecondary evidence; Iroof as to poSsession Va In strurnent.--A question asked witness as to whether he had certain map in hIs possession was competent Tor the introduction of secondary evidence.
 Trial; evidence; objections; suf- hciency of 0bjectionss---An objection 10 two questions asked witness. one or which was proper, was properly over ruled.
 8. Appeal; harmless error; rulings on evidence.--The error in overrultng all objection to a question asked wtt- ~ass calling for a statement as to the contents of an instrument was harm less, where the witness stated that he did mot know the contents.
 {. Triaia objections to evldencei time to make.--A witness on direct ex- animation testlfied to fact On cross examination 1t was shown that the only way he knew anything about the fact testified to was that somebody had told him about 1t The cross-examiner thereupon moved th4 court to exclude the testimony of the witness as hear- say. Held, that, as the cross-examiner had avaIled himself of the first orpor- tunity to have the evidence excluded the motoin should have been sustained
 s. Ejectment; trial; instructions. - In ejectment, on the conclusion of the evidence, defendant withdrew its de- fense to a section of land, being part of the land in controversy. At the beginning of the trial defendant had entered a disclaimer as to part of this section. but not as to all of 1t. Held. that the court committed no error in charging that if the jury believed the evidence they should find for plaintiff.
 6. Trial; instructions: instructions on effect of evidence.--In ejectnnent, de- fendant entered a disclaimer as to a part of the land and at the conclusion of the evidence withdrew it's defenbe to another part of the land As to the other land in controversy there was evidence showing that defendant held title thereto under adverse possession. Held, that an instruction directing the jury to find for plaintiff for the lands sued for was erroneous as a charge on the effect of the testimony, in viola tion of Code 1896. Sec. 3326.
 q. Adverse possession; conflicting evidence; question for jury Where, in ejectment. defendant relied on adverse possession, and the evidence on the is- sue of adverse possession was in con- hlct, the question of adverse possession must be submitted to the jury.
 @Rehearing denied July 6, l906
 Appeal from Mobile Circuit Court.
 Heard before Hon. Samuel B. Browne
 Reversed and remanded. Opinion by Dowdeu. T.
 Haralson, Anderson and Denson. JJ.. concur.
The Montgomery advertiser., 1906-11-16

II. Witnesses; Impeaching testi- mony; showing ill-wil on part Of wit. ness.-one of the defendants witness es having testified that he was a spe- eial friend of the deceased, 1t was proper to permit the solicitor to ask the witness if he has not been indict- cd in E. county for selling whlskey without license and requested the dc- ceased to act as a witness for him, whereupOn deceased replied that he would tell the truth tO the disadvan- tage of witness, and that since that time witness had ben angry with de- ceased2
 l2. Same; character for Truth and Veracity.-A witness cannot be asked as to his own character for truth and veracity.
 13, Same: scope of redirect exami- nation.-The witness for the state was asked on eross examination, If he had
The Montgomery advertiser., 1906-11-16
GLASS vs. THE STATE.

l
 Al So. Rep. 737.)
 1 Homicide; evidence.--From thS time defendant appeared upon tht lseene of the killing until the killing occurred, all the occurrences and con. lvrsatoins participated in by defendant were competent as evidence, whicE
 were shown to be parts of continuous
 transaction. occurring within briat 1 space of time.
 1 2. Criminal law; conduct of accus- ed at time of arrest--Under the rule
 that the conduct and demeanor of a defendant at the time or his arrest are admissible against him, 1t is compe- tent to show that at the time defen- dant was arrested he threw his hands behind him and drew pistol. 8. Same; evidence.--It was improp- CT to permit the state to show that Ia witness examined by 1t was summon ed by the defendant as the only pur- pose of so doing was to prejudice the jury against defendant.
 4. Same; remarks of counsel. It was improper not to exclude remarks of the solicitor that defendant had killed deceased and left his three Or- phan children to char ty or his friends, In the absence of such evidence.
 5. SaJme motive; reasonable doubt. "A charge which asserts that if the state had failed to show a motive on defendants part to commit tho offense, and his guilt was not clearly proven, then the absence of 8 motive. consid. cred in connection with all the evil dence in the case, might generate In the minds of the jurS a reasonable doubt of defendants guilty was erro- neous and properly reIused.
 6, Same; argumentative instruc- tions.---A charge asserting that there was no evidence in the case that de- fondant did or said anything at cer- tain house near which the killing oc- cured that would have justified the deceased in striking defendant, was properly refused as argumentative.
 2. Homicide; Malevoisnt spirit: common purpose; e,idence.-Evidenc that an hour or an hour and a half before the killing. while with another, defendant said that he was going over to a certain house near which the killo ing occurred and at which a dance was being had. and would dance or break IL up. in connection with other evil dence, was competent as showing a malevolent spirit on part of defendant. and as tending to show a common Dur- pose on the part of defendant and a co-defendant to go to the house from an unlawful motive.
 g. Eame.--It was competent to show that about the time of the diniculty a heard shots; that soon there after two men came running by from the direction of the scene of the homl. eide. that he heard one say Wat F. J.. Ihave killed one d-m scoundrsI. and I will Kill another if he runs up on me-" That the one who spoke had a pistol in his hand. and that defen- dants co-defendant Bedsole, was called 'F IT.
 10. Same; self defense; instruc- instruction which asserts
The Montgomery advertiser., 1906-11-16
Commissioners s,le of Real Estate

Under and in pursuance of a decree of sale rendered by the Hon. A. D. sayre Judge of the City Court of Montgomery, In Equity, on the 18th day of Nove Der, 1908. in the cause of Leonora II. John on vs. John C sugg ct al, in the City Court of Mont gomery, In Equity l the undersigned, com missioner will on Saturday the sth day of sale, sell at public aagction fer cash at bidder the following described real estate lying and being situated In the City and Couptv of Montgomery and State of Ala hama to-wit Lot number three (3) in souare number ten Q0) of Hanrick's Pla; n fine City of Montgomery. Aiabama Said property fronting one hundred (io0l feet op Heron Street and running back one hundred and fifty (150) feet. Said proper ty sold for purposes of partition among the joint owners Parties desiring to investigate fhs title before the date of sale will be loaned abstract of title upon application to the undersigned.
 W. M RLAKET. commissicneF / Attorney. -eri-Se
The Montgomery advertiser., 1906-11-16
BENJAMIN vs THE STATE. Murder. NOecided February l7th. 1906

Murder. CTlecided February l7th. 1906
 "--41 So. Rep. 7S9.)
 1. Criminal law: evidence: res ges- tae; acts and statements of third per- sons.-It was error to admit testimony that after deceased had received the fatal wound, persons near the scene, who were pursuing defendant, cried police! murder! etc.
 2. Same; exclusion of ev' dence; dis erection oe trial oonrt.--It was within the discretion of the trial court to per- init a witness to testify who had talk ad with another witness about inc case, while the witnesses were under the rule.
 3. Homicide; evidence; flight of ac- cused.--It vas competent to show, that after the killing. the crowd and the police chased the defendant.
 {. Same: instructions; malice.-A charge asserting that the jury should not, from the mere use of the knife, infer maics; and another asserting that the instrument was not a dead- ly weapon from the use of which ma- lice might be inferred. wero invasive of the province of the jury and prop erly refused. when the evidence show ed that the deceased was cut with a knife and died almost immediately. aI-
The Montgomery advertiser., 1906-11-16
How to Cure Epilepsy.

Epilepsy or Fits has always been conceded to be one of the most fright full aflictions. If you are fortunate enough not to have an eplletic mem Der In your family tell others about tkis discoVery-Elixir Kosibe. It is a truly remarkable preparation and the results have been so gratifying that the first ottle is used with tho understanding that your memey will ished. This trial Is given at our ex- pcnse.
 Elixir Kosine is free from alcohol. cocaine, morphine or cpiates II Is home treatment and relieves all fedI Of dreadful attacks so frequent to sui. ftrers of Epilepsy. Price, $1.50. : Mai orders filled Kosine Com oAny, Wash ihgton. D. C., or E. c Fowler.
 fri-tu.