davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1906-04-09
Head.Notes Qf the Decisions
 of Alabama Supreme Court

cAprER EFT AL. V. THE STATE.
 1na;ctrrent for Larceny. Decided Jan
 nary II, 1906. GAO So. Rep. o|1
 witnesses; competency; knowi- edge of facts.--A witness not sho"" to he qualified by preliminary ques tione as to his knowledge or the chai antar of one accused of crime, is not comnetent to testify that accused was honest and that his character III .n1 community in which he lived was eoou
 Same: impeachment; evidence oi ,hsracter of unimpeached witness Where. on a trial for larceny. there ..,as ,o testimony impeaching accused character for veracity, 1t IS not erroI to exclude the testimony ot "ilhsso that he would believe accused uhue' oath. ot;ons. req ,orabie doubt.-It is error to reIuse ~ charee. on trial for crime, that II 'ne ovidence is not so convincing ds to lead the jury to the conclusion M thde accused Is guilty, and If the eVioenuo or any part thereof generates "eIi, founded doubt of accuseds gum, ,,,s ;f there is reasonable doubt or ms r,,iIt arising out of any part Of the evi- Ssnce reasonable doubt not being tne sanoe as a. probability of innocence, put axisting when the evidence falls to con vince the jury that there Is prooa- hilitv of innocence, accused snouio pe acquitted. .. tha+ req sonahIe doubt is such a doubt as wlli cause a prudent man to hesitate petoIv W he acts. and if there is "any doubt aoovsed must be acquitted, IS proper 1v refused. because hypothesized on asnv doubt" and not on reasonable doubt. ...;o
 Where. on a trial of two persons cnars- cd with larceny, there was no evIuenlGGe es to either which did not bear equally on inc other, and the only evidence on fbe part of the State was that tne nrosecuting witness left his pocketnook m a chair in presence or poth oelen- sants and never saw it again, instruc- lions that if the evidence was not so cnrvincine as to lead to the conciu- sion that defendants were guilty, ana U the evidence generated well-tound- cd doubt of their guilt, and 1T req sonabie doubt of their guilt arose rom tba evidence, they must be acquitted. were not open to the objection that they were confusing, on the theory that one might have been conVlcteu and the other acquitted.
 6. Same; argumentative instructions
 where. on a trial for larceny the evidence for the State showed that the nrosecutor left his pocketbook on a chair in the presence of defendants and never saw 1t again, instructions that the fury might take into consideration that some time elapsed before the pros center missed his pocketbook, as show ,rg that he was mistaken as to where he left it, and that if he did not leave tt at the house of defendants, but lost 1t, a verdict of acquittal must De rem
The Montgomery advertiser., 1906-04-09
The Pope Greatly Distressed.

Rome. April s.-Popr Pious Is great ly distressed by the calamity wrought by the eruption of Mount Vesuvius In talking to his secretary today he said {:
 These are moments when my Imprisonment is irksome."
 His holiness personally will not be able to go to the scene but he has sent a letter to Cardial Frisco, arch bishop of Naples expressing his grief for the sufferers by the disaster and instructing him 10 distribute relief among them and 10 send to the vati- can particulars of the eruption He also gave the apostolic benedictlon to the faithful
The Montgomery advertiser., 1906-04-09
The Washington at Rocklspd.

R,ckIand. Maine April S.-The new cruiser Washington. which has just been completed for the United States government, arrived here tonight and anchored outside the breakwater in readiness for her speed trials which will take place durlng the week. The naval trial board is expected to ar rive tomorrow and the standardization tests will be held on the Owlshead measured mile course Tuesday. The Washington's contract calls for minimum speed of 2s Knots per hour.
The Montgomery advertiser., 1906-04-09
PfTTsBURG EPIDEMIC,
Three Deaths Due to the PrevaiIin,
 Typhoid Fever.

Pittsburg, April S.-Three deaths were reported in Plttsburg's epidemic of typhoid fever today. There was no official report of cases but from what was gathered from a number of physicians. more than a hundred cases have broken out in the past twenty Tour hours and the list to be reported to the bureau of health tomorrow is expected to be large
 The hospitals of Pittsburg and Ala gheny are beginning to fill up with typhoid cases and from ten hospitals 1t Is reported that 421 cases have been admitted since Monday.
The Montgomery advertiser., 1906-04-09
CARNEGIE GOT LEFT,
Rcord Breaking Run of Special Is In
 Vain.


 Richmond, Va, April S.--Andrew Carnegie, the steel magnate, today made a record-breaking run on spe- cially chartered train from Richmond to Gordonsville. in futile effort to catch up with the regular Chesapeake and Ohio train for Hot Springs, which was Mr. Carnegie's destination.
 The philanthropist arrived in Rich mond over the Atlantic Coast Line for ty-ffve minutes after the Chesapeake and Ohio train had left and although that tran had a full hours start, it had left Gordonsville only few minutes when MT. Carnegie's special slowed down there.
 Tn esteel king complimented and handsomely rewarded the train crew for their efforts in his behalf. It is not known why he was in such haste to reach Hot Springs
The Montgomery advertiser., 1906-04-09
KELLER vs. THE STATE.

IDecIueu JHHudTy IT. 1VVV'J ~
 Rep S4)
 1. Appeal; Ruling on Demurrer' Record; Review.-Where ruling on a demurrer to special plea is shown only In the paper purporting to be bill of exceptions, and not in the judg- ment entry. 1t is not reviewable on appeal.
 2. Same: Record: Bill of Exceptions; Necessity of Showing Time of Signing A bill of exceptions not dated, and not showing that it was signed by the presiding judge within the time allow ed by the orders extending the time for it's signing. will not be consider ed.
 Appeal from Walker Circuit Court.
 Heard before Hon. A. A. Coleman.
 Affirmed. Opinion by Tyson. J.
 Dowdell, Simpson and Anderson. J. J.. concur.
The Montgomery advertiser., 1906-04-09

plaint sufficiently alleges that the goods were delivered to the defendant as a common carrier when 1t contains the allegation ITO be carried by It as a common carrier of freight"
 2. Limitations; Application to Par ticular Action.-An action against a common carrier for the destruction by fire of goods delivered to 1t for car riage as freight Is an action on the contract, and not barred by the statute of limitation of one year.
 Appeal from Birmingham City Court.
 Heard before Hon. C. w. Ferguson.
 Affirmed. Opinion by Simpson, J.
 Haralson, Dowdell and Denson, J. J.. concur
The Montgomery advertiser., 1906-04-09

This remarkable woman, whose maiden name was Estes was born in Lynn, Mass, February 9th, 1919, com ing from Q good old Quaker family. For some years she taught school, and became known as a woman of an alert
The Montgomery advertiser., 1906-04-09
MAYOR AND ALDERMEN OF RIR-
 MINGHAM v MCCORMACK.


 Bill to Remove Cloud From Title
 Decided June 30. 1905)'-(4O So
 Rep. 111.)
 1.-ouieting Title; Cloud on Title; What Constitutes.-In a suit to re- move cloud from title, the test is. would an action of ejectment by the complaint in the bill fail without the necessity of proof by the respondent of his title: and tested by this rule it being con ceded that the ordinance under which the sale and deed was made was void, the deed cast no cloud upon the title and the bill cannot be maintained.
 2-Same.-The bill. not making the allegations of peaceable possession and that no suit Is pending to test the title. cannot be maintained as a bill to quiet title.
 Apeal from Jefferson Chancery Court. Heard before Hon. Alfred H. Benners. Reversed and demanded. Opinion by Simpson, J.
 Mcclellan. c. J.. Tyson and Anderson. u, concur.
 |Rehearing denied Jan. 30. 1906. K. c. M. & B. R. R. CO.,, vs. sPANN. (Decided January IS, 19o6)-(4O So. Rep. S3.)
 l. Carriers; Loss of Goods; Action; Complalnt.-In an action against d railroad for the loss of goods. the com
The Montgomery advertiser., 1906-04-09

NJ Coquelin the noted French actor refused the red ribbon of the Legion of Honor when 1t was offered short time ago His answer was. You have waited too long"
The Montgomery advertiser., 1906-04-09

What the old man a-doin' of now? Jest cussin out the world. What for?" Well. he claims the world owes him Twin an won't pay up!"-Atlanta Constitution.
The Montgomery advertiser., 1906-04-09
STAKELY V. FIX. COM. OF FOREIGN MISSIONS OF PRESBYTERIAN
 CHURCH.

Decided Dec. 21. 19O5.)-(39 So. Rep.
 653)
 Executors and Administrators; Pres entation of Claims Limitations.-L A. Hopper died and letters were issued on her estate to J. O. s.. as Executor Sept. ', 1888. and w. M. Stakely became surety on the bond; W. M. s. dies and on Sept. l3, 1898. letters issue to J. o. s as administrator of his estate; The life tenant under the Hopper will dies May 29, 1901; On April 20, 1903 judg- ment is rendered by Probate Court against J. O. S. as Elk. of Est, of L. A. H. in favor of Appellees for $3,562. Execution returned no property found: Dec IS, 1903. This suit Is begun against the executor of the surety on the bond; Held. that as the legacy to appellees under the win of l.. A, Fl.
The Montgomery advertiser., 1906-04-09

See our new arrival of Easter Hats. Costs you nothing to look. Mrs. Freeman and Mis1 kempers. IF south Lawrence.
The Montgomery advertiser., 1906-04-09
ROBERTS, LONG & CO. V. RINGE
 MAN

ROBERTS, LONG X CO, V. RINGE-
 MAN.
 Attachment and Claim Suits Decided
 January IS. 1906. GAO So. Rep.
 SD
 1. Evidence: declarations; explana- tion of possession-On the issue of ti- tle to property levied on under an at tacbment, a declaration made at the time of the levy by the person in pos session that the property was his wife's. and not that of the attachment defendant, which was a partnership composed of declarant and another, was admissible as res gestae and eX planatory of declarant's possession.
 2. Same: hearsay: declarations of stranpers.-On the issue of title to nropertv levied on under an attach ment a declaration of stranger, who had no interest in of connectin with the suit, pointing out the particular property levied on. was hearsay and inadmissiblc
 Burden of Proof. In statutory claim suits to try the right attachment, the burden of proof in the first instance Is on plaintiff to show that the property levied on under the attachment was the property of defen- dant and subject to levy. and when he establishes prima facie case to that effect the DuIuch 'S 'iiS'i eHilteu to thc claimant to show ownership in himself
 4 Same-Prima Eacie Case-Plain- tiff in attachment generally makes a nrin1a facie case as against a claimant Inf the property levied on by showing that the property was in the possession of defendant at the time of the levy.
 Appeal from Morgan Circuit Court. Heard before Hon. W. R. Francis, Special Judge
 Reversed and demanded. Opinion by Dowdell, J.
 Tyson. Simpson and Anderson. J. J.. concur.
The Montgomery advertiser., 1906-04-09
A LITTLE HUMIR.

The Limit: Stella-Has she a large wardrobe? Bella-As much as you can pack into the trunk the railroad loses- New York Sun.
The Montgomery advertiser., 1906-04-09

Paradoxical-"You give up too easily. Why don't you just take a good hold of yourself?" How can l when I've got the grip?'-Baltimore American.
The Montgomery advertiser., 1906-04-09

Hoffman Orchestra to dance by. Au- ditorium, Tuesday, April 10th. 25c and 15c.
The Montgomery advertiser., 1906-04-09

GRESHAM vs. RAGSDAl-E. Action to Enforce Accepted Order. 'Ce %
 cided December 2l, l9oo''-'$' '''
 Rep. S9.) rt. Rills and Notes. Acceptance; Ei- fact The unconditional acceptance py inc drawee of an order. renders tne s drawee absolutely liable to the payee or the order. regardless of the considera, ao tion which moved from the drawer .o inc drawee. or the failure of the con- sjderation as between them.
 Appeal from Bessemer City court Heard before Hon. Wiiiia" 'aoA Affirmed. Opinion by Simpson J. Tvson. Dowdell and Anderson J. ''' concur.
The Montgomery advertiser., 1906-04-09
cpANT ys THE STATE.

GRANT vs. THE STATE. Prosecution for Larceny (Declded
 February 1, 19O6.)-(40 So. Rep.
 S0)
 1. Criminal Law; Appeal Record: Motion in Arrest of Judgment; Re- yiew.-Where the action of the court fin reference to q motion in arrest of judg- ment in a criminal case Is shown only by the bill of exceptions, and not by the record proper. such action Is not reviewable on appeal.
 g. Same; Motion for New Trial This court, on appeal. cannot review the ] action of the trial court on motion for new trial in a criminal case.
 3. Same; Indictments; Defective counts; Judgment.-Where there are several counts in an indictment, some of which are good, and no demurrer Is interposed to test the sufficiency of the counts contended to be had, and no re- quest was made for a peremptory in struction as to those counts. the judg- ment of conviction will be referred to the good counts in the indictment. and sustained.
 Appeal from Anniston City Court
 Heard before Hon. Thomas W. Cole man.
 Affirmed. opinion by Tyson, J.
 Dowdell, Simpson and Anderson, J.
The Montgomery advertiser., 1906-04-09

JOHNSTON. NESBTTT & CO. vs. FIRST NATIONAL BANK OF GADsDEN. Assumpsit. (Decided February s, lsoo''
 -(40. So. Rep. 7s.)
 i. Partnership; Actions Form-A suit by par rJnership is property brought in the names of the individual members composing the firm. and the edition of the words, partners as J. N. & Co.," are merely descriptio perso- nae. ,,
 2. Appeal Parties Firm.-Where the action Is by the individual members of q partnership, and the certificate Of appeal shows that the appeal is talk en in the name of the partnership. and not by the plaintiff as designated m the summons and complaint, this court cannot entertain.
 Appeal from Gadsden City Court.
 Heard before Hon. J. H. Disque.
 Appeal dismissed. Opinion by Dem son, J.
 HaraIson, Tyson. Simpson and Ander- son, JJ., concur.
The Montgomery advertiser., 1906-04-09
SOUTHERN RAILWAY COMPANY V.
 BRADFORD,

Decided Dec. 21, 19o5.)'-(4o So. Rep
 100.)
 1.-Appeal Abandonment of Errors. Errors not insisted on in argument will be regarded as abandoned on ap- peal.
 2.-Appeal; Harmless Error.-In structions to jury may properly De re- fused. where they give undue promin- ence to parts of the evidence, yet the giving of such instructions does not constitute reversible error.
 3.-Appeal; Reservations Of Grounos of Review.-when the bill of excep- tions shows that "the following writ fen charges were requested by the de- fendant," and after setting out the charges, "that the court refused to give each of them" and the defendant duiy' severally and separately excepted 10 this action of the court, 1t not appear ing that he charges were asked sepa- raely. If one charge of he number re- fused was properly refused. all Will De held to have been properly refused
 Appeal from Birmingham City Court
 Heard before Hon. c. W. Ferguson
 Affirmed. Opinion by Dowdeli' J;
 Tyson, Simpson and Anderson JJ'' concur. - .ooe
 sRehearing denied Jan. 30, 1S06
The Montgomery advertiser., 1906-04-09
W I. MURDOCH GROCERY CO., VI
 COLLINS.

w I. MURDOCH GROCERY Co, 'S'
 COLLINS. c.arnishment. Decided June 3D. lsooJ
 -(40 So. Rep. 96)
 1. Garnishment: Delivery or Person al Property; Statute.-Section zl9z ol Code of 1898, does not apply where the rarnishee is merely holding property for the benefit of the defendant Io which garnishee asserts no ttle: ana applies only where garnishee IS liaoIs Z to the defendant for the delivery or propertv under a contract. or the pay ment of d debt in property.
 ?. Same; Possession Of Property' Judement.-Where the garnishee an- swers that he Is in possession or prop erty which he is holding Tor the de- fendant, a judgment requiring the gar njshee to deliver such property to the sheriff or in default of delivery to pay to the sheriff the value of such prop erty is not in substantial conformity to Section 2193 of Code of 1896. ana cannot be sustained
 Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman
 +Rehearing denied January 50. lsoo' Reversed and rendered. Opinion by Denson, J.
 All the Justices concur.
The Montgomery advertiser., 1906-04-09

MCCOY " l. & N. R. R. co. Action for Damages for Personal In
 jury Decided Nov. 2s. 1905) GAO
 So Rep. 1i6.)
 i. Judgment; joint tort-feasors; satisfaction.-The same plaintiff may not prosecute a cause against an other joint tort-feaser, where he has recovered judgment and it has been paid by one of the tort-feasors, when the same cause of action is involved
 2. Same-The cause of action giv- en by Sec. 27 O Code of 1896 to re- cover punitive damages. is single cause of action so that satisfied judgment against one of two tort feasors whose concurrent negligence caused the death, is a bar to the cause against the other tort-feasor.
 3. Costs: taxation.-Plaintiff refus- ing to plead sfurther after the court overruled her demurrer to the plea since the last continuance. defendant can recover costs only since the filing of the plea, on judgr-ent rendered in defendants favor on the plea.
 Appeal from Birmingham City Court
 Heard before Hon. c. W. Ferguson
 Affirmed. Opinion by Denson, J.
 Haralson, Dow lell and Anderson, JJ. concur. -
 Rehearing denied January 30, 1906
The Montgomery advertiser., 1906-04-09

was contingent. and in this case. the amount of the legacy was not ascer- tained until the judgment of Aprh ~, 1903, and this suit to collect u was begun Dec. 13, 1903. the claim was not within the statute on non-ciaim. N" as to bar the right of recovery.
 AnneaI from the Bullock Circuit Court.
 { Heard before Hon. A. A. Evans.
 Af1rmed Opinion by Denson. J.
 Tyson, simpson and Anderson. JJ.. concur.
Arizona republican., 1906-04-01

 Tonto project in this valley and ex- pressed himself satisfied wits the progress thus far made The officers of the reclamation service part .c'Ilarly Messrs. Newell, Walcott. and Davis. were very familiar with the loca! sit Uation. Their Knowledge of | :e details of the work in Arizona was surprising, considering the numerous duties with which they are burdened. They spokc of MT. Fowler of the Water Users association in terms of the greatest iIaise.
 Cn the 23d of April MT. Alexander will go to Tucson % attend the meet ing of the federal grand jury in talt district, which convenes on that date IL is understood that several matters of importance will be considered oy the grand jury al that session, among them the eight-hour labor law viola uons from Yuma county.
Arizona republican., 1906-04-01
AN EARLY TERMINATION
 OF STATEHOOD FIGHT
Says Captain Alexander Who Has
 Just Returned From Washington.

Capt. J. l.. B. Alexander, United States
 attorney for Arizona. yesterday after
 noon returned from Washington. D. C.,
 where he had been for the past two
 weeks on business in connection with
 his official duties. Most of his time
 was spent in conference with the at
 which will develop in the territory
 during the ensuing months. With his
 other duties, however. Captain Alex ander found time to spend some tire assisting in the fight against joint statehood. and he had occasion to meet at times during his stay a number of senators and representatives. Nearly all expressed themselves as being Tn sympathy with the territory in its fight. and from their statements he learned that it is generally concedcd
 that the iointure will not be made
 The fight at present is being carried on to secure a change in the Foraker amendment so that the voting in this territory will be done at the same time there is an election for :he state off
 cers. It is more than probable that
 at an early date the conference com
 mittee will report the bill with the
 Burrows amendment eliminated and q the committee from the house.
 Captain Alexander was present in
 the house when the bill was ordered sent to conference and was present in the senate when the members of the conference committee were named. The humiliation of Senator Bevel idge [ on this occasion was very noticeable. When the matter was taken up hss oc- cupied chair by the side of MT. For aker and when his name was offered aG member of the committee MT. Foraker explained that MT. Beyer- idge had promised to support in the committee on conference the amend Inents of the senate. As the ~state- nient was made, the Senator from In G.ana nodded his head afflrmatively. , and it was with this understanding | that he was permitted to go on the
 committed Much of his former pres tige has been lost since the decisive vote on the statehood bill was taken in the senate. Captain Alexander an- ticipates an early report from the coI,- ! ference committee.
 Regarding the confirmation of Ben Daniels to be United States marshal for the territory, it is his opinion that within the next thirty days favorable action to the nomination will be taken by the senate. The delay so far has been secured mainly by Senator Teller | of Colorado, who has insisted on a quorum being present when the mat
 ter was passed upon by the commit tee in charge. This is unusual. most of the combinations being made with
 out a quorum.
 Ip connection with his business Washington. Captain Alexander had
 occasion to call on the secretary of the interior and the officials of the tecla- nation service. The secretary was very anxious for the success of the
Arizona republican., 1906-04-01

be obtained, and, by the way, they were the best and handsomest he mad eyer handled, neither too large nor too small, oldfashioned weave and wool warp. The dyes were natural vcgeta- hle colors, the blankets coming in black and white, and black, red and white. They had been bought at trad CTS prices and the customers of the Big Curio store were given the benefit of that arrangement.
 It is not wonderful, therefore mat great inroads have been made m that shipment. There are still several of them left. but they can not last long
 The Indians in that part of the country will not begin shearine their sheep until some time this month and the next seasons blanket weaving Nill not be begun before next August The indications are that the next seasons blankets will be considerably nigEer
Arizona republican., 1906-04-01
scHooL ELEcTIoNs-Tbere .

very little interest taken in the school elections held in the county yesterday at which two trustees were elected il the high school district. one from the county and one from the city. and one member of the board of trustees in District No. l. To serve as members of the high school board R. F. Micer was elected from the country and C.
 D. Doris for the city. There wee twenty votes cast at the election. l.. District No. l. l.. W. Coggins was elected, there being twenty-one votes cast. In neither district was there any contest.
Arizona republican., 1906-04-01
NO WONDER THEY WtNT
The Last lnstallment for the Season
 of Genuine Navajo Blankets.

Those who do not buy N1voj jo blankets within the next few days will have hard time finding good oues ana genuine ones before next fall It was mentioned some time ago that 'Wo bales of blankets had ben brought in by MT. Bake, of the Big CuIjo store. from his trading post on the reservation. They were ali that could
Arizona republican., 1906-04-01

than they have ever been Wool .las never been SO high as now since the demand for Navajo blankets was ere ated.