davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1907-09-26
NeU Scheme Discovered to
 Beat Montgomery Druggists

Who have thought that the mind of mortal man would have become so de- prayed as to desire to beat a druggist? The idea of handing lemon to the person who works all day mixing drugs and stays up half the night. perchance. to i'll the prescription that pay save your life.
 Until yesterday. one might have thought that the pharmacist was in the same alleged category with the street walking newspaper reporter-bomb proof from all fiim-fiam games, robber- les or even burglaries.
 Montgomery druggists. though, have been disappointed. and they are on the alert fo- a new variety of fiim- fam art tsts who are believed to be operating in this city. Every time the telephone of a Montgomery pharmacist rings now, he trembles lest 1t may be another one nf those skinners. He listens keenly says "all right, I'll fill your order" hangs up the receiver and then figures out whether it would be wise to com ply with the request.
 The new brand of skin game seems to have been directed entirely against drue gists, for ,shus far. as far as could he leafned, no one except the man with the mortar has been victimized.
 The game goes this way: The drug
The Montgomery advertiser., 1907-09-26

Kist receives a telephone call to send an order of perfunery out to such and such a number on this or that street, ''and. by the way, give the boy S in change when he comes, for have noth- ing but an uubroken bin
 The order Is filled, the package IS neatly done up and the perfunery, to- gether with S in silver Is put in the porter's hands. On arriving at the house. the porter Is met at the front door by a person who takes the pack age and the change, In lieu of which the porter receives sealed envelope which he is told contains the s green back and a prescription to take back 10 inc druggist. Special directions are given the porter to have the rrescrip- tion immediately filled and return with 1t to the house.
 Innocently the messenger carries the sealed envelope to the drug store and when 1t Is opened what is the conster- nation to find that there Is nothing on the inside A rush is made back to the house. but by this time the residence Is deserted and the druggist is out s5 and his perfumery
 It is said that this little scheme has recently been worked steadily in AL lanta Not until last night was its ap- pearance discovered in Montgomery.
The Montgomery advertiser., 1907-09-26
Confusion Caused by the Third
 Tuesday Preceding Third Monday.

7 8 .
 The seeming paradox of third Tuesday coming before a third Monday on the calendar for October, has ere ated an unusual condition in the for- maj transition from the powers muni- cipal that be to those that will be.
 The Mayor. in accordance with stat ute, transmits his annual message to the City Council at it's second regular meeting in October. on the third Mon- day evening. In the past years in which the city's administrations have duly changed on the third Tuesdays of October. the message has fallen to 'the old Councif'' which received 1t and then passed 1t up to the new Coun- Gil :"
 If this precedent is to he followed in this coming October the Council now in power will have to hold special called session. This, it is probable, will be the mode of working adopted. The first regular meeting is to be held
The Montgomery advertiser., 1907-09-26

October [: a week later. it Is expected. the Council will meet to transact nee- essary business. including the recep- tion of the Mayors message, as we'll as to permit the members of the Coun. oil which will be formally inducted into government the following day, Tuesday, October IS, to hold eau. GUS.
 Mayor W. M. Teague who succeeds himself. said last night that the con dition was unusual. perhaps unique, in the history of Montgomery. but that the meeting discrepancies would af- ford no actual inconveniences to the officers.
 The Council he pointed out. was per- petual. it's existence was not dependent upon its personnel. and the considera- tion of his message and the perform ance of other duties might properly be the office of either body of Aldermen It will be his endeavor, however. to place his message before both bodies.
The Montgomery advertiser., 1907-09-26
RYAN MAY MANAGE
REPORTED THAT HE WILL WEAR
 MALARkY's TOGA.
Western Baseball Player Is Said to Have signed With President Chambera to Take Mont
 gomery Team.

It was reported in Montgomery last night that Jimmy Ryan, a Western baseball player, has been signed to manage the Montgomery team next season. q
 president R-J. Chambers of the local Association. is absent from the city, and in his absence no one Is authorized to speak for him on baseball matters
 The report was to the effect that President Chambers is in Chicago and that he signed yesterday with Ryan, who met him there by appointment. and that Ryan will undoubtedly wear
The Montgomery advertiser., 1907-09-26

the toga of John Malarky another year.
 Directors of the Montgomery Asso- clation who were communicated with yesterday evening declared that they had not been advise dof the signing of Ryan. One director said that Presi- dent Chambers was probably in Chi cago yesterday, but he did not know of his appointment with Ryan. He also said he had little information about Ryan.
 Jimmy Ryan has been out of the game several years.
The Montgomery advertiser., 1907-09-26
nnnt tn VInIf nInE.

Washington, Sept. 2b,-Secretary Root left at $40 o'clock this afternoon to visit President Dias of Mexico. Ac- cornnanvinR him were Mrs. Root. Miss Root Percival Gassett, private secre> tary for this occasion, and two ser wants.
The Montgomery advertiser., 1907-09-26
BROTHERHOOD OF ST ANDREW
International Organization Begins It's
 Work in Washfngtoa

work in Washingtoa
 Washington. Sept. 25-The conven- tion of the International Brotherhood of St. Andrew. numbering delegates from nearly every State in the Union and distinguished churchmen from abroad, was formally opened here to- night by a sermon by Bishop Charles H. Peck of the Philippine Islands. who prior to 1901 was a member of the Cowley Fathers Mission band of the Society of St John the Evangelist in Boston. About 2.0O0 delegates are in attendance. The business sessions will begin tomorrow. at which time officers will also be elected
The Montgomery advertiser., 1907-09-26
BROWN V. THE STATE. March ?, 1907. A3

BROWN V. THE STATE.
 Murder-(Decided March ?, 1907. A3
 So. Rep. 194.)
 1. Criminal law; appeal; record; drawing jury.--The record shows the preseuce of the defendant the produc- tIon of the jury box, the drawing of thirty-fve names, the list of names drawn, the order to the clerk to issue an order directing the sheriff to sum mons these men, and the orders of the court to the sheriff as to the ser vice of the venire and indi3tmcnt up on the defendant, and it appears there- from that the arraignment and trial were during the same week of court Held. to show a sufficient complain ee with Sections 5004 and 5005, Code of 1896. .s.,. There was no error in excluding the testimony that "old holes were found fin the bones of deceased. where he had been shot before"
 3. Same; evidence; surrender to of 6eer.-In the absence of evidence Of ftobt the defendant cannot show that he surrendered to the sheriff after the killing.
 4. Homicide; dying declaration; pred It Appearing that on the morn inc he died decedent said to his broth- CT that he could not get well and soon thereafter called 8 certain woman 10 his bedside and asked her to make him a cigarette stating that it would ho che last one she would ever make him. his dying declaration was prop erly admitted.
 5. Same: instructions.-An instruc- tion asserting that dying declarations arc to be considered with great eau tion Is properly refused.
 6. Criminal law; evidence; Ilstruc- ttons.-A charge asserting that before defendant can be convicted the hypo- thesis of his guilt should flow natur- aliv from the facts proven and be con sistent with all of them, is correct and its refusal error.
 T Same; reasonable doubt; instruc- tions.-An instruction that before de- fendant could be convicted the jury roIst he satisfied to a moral certaiaty not only that the proof was consistent with his guilt, but wholly inconsistent with every other rational suppositlon, and that unless the jury could De so convinced that each member would venture to act on the decision in mat ters of the highest importance to their own interest. they should aeqult, was erroneous and properly refused.
 a Same.-An instruction was prop srIv refused that asserted that reas- onsbIe doubt Is that want of repose and conddence which an honest man has tn the correctness of conclusion which
The Montgomery advertiser., 1907-09-26
rl...1tn Af Ilntonla.

r,,,c,nrati Sept, 25-Conola. the s .arsta easiIv won the handicap, the Sasture at I.atonia today FrohtenaS had no trouble taking the piace IIon' Mike sutton. Three favorites "o"' Track fast. s,,.,onss Black Drass 97 (Martin) to 1 woni Pan Pi, tons s7 (walsh.) 25 to 1, second; sli ,,ar cup. sT (Fisher), IS to l, tniro. ,r,r,a 1i15 2-5. Moscow Belle, Lovely ciri salvado. Ansonio. Vapnan, lnven- tress. Royal Queen. Countess or Mel bourne Heron, ran. ~S,. .oA
 Second mile-Matue Mach' tn1 tBrandt3 to l won; aondi ihTsniIi TBaiis Scott, taa iBufler) g to 1, third. Time i:4l' piaze CIdrht. Coon, Malta. Haroshot Star Fairy, Javanese, Anna RusKih' Rotbgeb' Padivonl, ran.
 Srhird race six furlongs- bosserian a 104 (Pickens). to 1. won; Ligntninls Conductor. & iOs Uee), I to l second third. Time i.14 S-5. Gallithea, Fay Stonar Hill. Pother, Denstrong, Expects to See and Merry Belle, ran.
 Fourth race, seven furlonss-Con- vola. 1O6 tButler), il to 10, won; tron. t,9,no tenac, 10s Q4ee) 1S to D. second HIsd m sutton. 1o4 tPowersl. 1o 4. rsu ."U
 Fifth race, six furlongs-Miss sam s4 fMartln), 15 to 1. won; Rebel Queean;; S4 IPowers). 8 to s, second; Addax, S4 Sp,ckens1 6 to l. third. Time 1:l5 To. shirley Rossmore, Jangle, and Peoria ran. III, and sixteenth- c,a yexv toI CFarrow) Ii to 10. won; Sssrsstan, IO5 (Pickens) to |. second; CuIJ. 102, (Marln) IS to 1, thlrd. .ntt Le S1e TX Bitter Brown. Harry Scott' Msmmerway, and Bell Vie ran.
The Montgomery advertiser., 1907-09-26
,T,o.onto cnptmres Game.

Toronto, Sept. 25n-Toronto captured ,be flrst game with Columbus for Class A honors here today by l2 to 0. score co,umbus 300 olO OOO- 10 SToronto .41O 0s1 3O"--l2 16
 Ratteries-Robertaiie, Geyer ana Rlue: McGintry and Carrigan.
The Montgomery advertiser., 1907-09-26
o'DANIEL V. GAYNoR. Blil to Declare an Estate Insolvent and to Vest Title to the Homestead in the Widow Decided March g..

Blii to Declare an Estate Insolvent and
 to Vest Title to the Homestead in
 the Widow-(D Decided March g..
 1907, 43 So. Rep. 205.)
 1. Homestead: Widow; Rights. - Where the husband dies leaving a homestead the widow takes a life es- tate therein only. subject to be en- larged into the fee on the judicial as- certainment of the insolvency of his estate, under Section 2543, Code, 1896.
 2. Judicial Ascertainment. Under Section 2543 it requires that a judicial entertainment of the insolvency of the estate be had before the fee to the homestead vests absolutely in the widow, or widow and minor children
 3. Administration of Estates; In- solvency: Report; Ascertainment by Chancery Court Tt Is the duty of the personal representative to report the estate insolvent on becoming satisfied that such is the case. but the Judicial ascertainment of the insolvency there- of is not dependant solely on such re- port; and in the absence of an ade- quate remedy in the probate court in which the administration is pending, a court of chancery will decree such in- solvency for the purpose of enlarging the life estate of the widow and minor children to the homestead into a fee.
 4. Same: Insolvency: Ascertainment. A judicial entertainment of the insoi- vency of an estate, and not the fact of insolvency at any time. being the con- dition precedent to the enlargement of life estate in the homestead in the widow into a fee, such entertainment cannot be entered nunc pro tune after the statute of limitations had run against the claim which created the in- solvency, the maxim equity regards that as done which in good conscience ought to be done" not being applicable to judicial acts.
 5. Same; Insolvency of Estate: Par ties: Demurrer; Limitations. Tn a bill by the widow to have the estate de- clared insolvent for the purpose of en- larging her life estate in the home stead into a fee the heirs of the estate are necessary parties, and are entitled on such issue to raise by demurrer the bar of the statute of limitations to the claim creating the insolvency.
 Appeal from Mobile Chancerv Court
 Heard before Hon. Thomas IT smith.
 Affirmed. Opinion by Mcclellan. J. Tyson. c. J,. and Dowdell and Ander. son, U . concur
The Montgomery advertiser., 1907-09-26
wAI.KER V. THE STATE.

- WALkER V, THE oIAIE. Apearing in Public Place lntoxicated'
 Decided March 2, 1907. 4S So.
 Rep. 1Ss.)
 Indietment: constitutional require nents; statutes; validity.-Section 1905. Code 1896, dispensing with more par ticuIar designation of the place than "in a nublic place." fin charging an of fense committed in a public place, suf- ficientIy secures to accused the right to be informed of the nature and cause of the accusation within the Bill of Rights.
 Appeal from. Hale. County Court.
 Heard before Hon. w. c. Christian. Affirmed. Opinion by Simpson, J.
 DowdelI, Anderson and Mcclellan JJ., concur.
The Montgomery advertiser., 1907-09-26

IT S. ENGINEER office. Montgomery. xiabama. September 24. 1907. Sealed pro- nosais for purchasing from United states fallen timber and standing dead timber. es- ttnnSted at three million feet B. NJ, on rntIitaYv reservation on Perdido Bay in Baldwin County. Alabama. will be received at this office until 12 oclqck noon, oeto- Der 18th. 1907. and then publicly opened. Information furnished on application J. B.
 --4t.&-oet.-ii.i1
The Montgomery advertiser., 1907-09-26
M1L1NER '. THE STATE.

Carrying Concealed Weapohs.-SDsciu
 ed Mach 2, 1907. 43 So. Rep, 1s4)
 | Criminal law; appeal; review; question of fact.-The conclusion cf the trial court, If based on oral evi- dence, will be given the same force and effect as a finding by the jury, al though by the act creating the court the Supreme Court is required to re- view, without favorable presumption, the conclusions of the trial court. . 2 weapons; concealed weapons; ev- idence; suffciency.-The evidence in this case stated and examined and held to so far support the conclusion of the trial court finding the defend ant guilty. that it cannot be said en appeal that the finding was plainly erroneous.
 Heard before Hon. G. K. Miller.
 Affirmed. Opinion by Mcclellan, J.
 Haralson, Dowdell, Anderson and Denson, JJ., concur.
The Montgomery advertiser., 1907-09-26
sHead Notes of the Decisions of the ALabana Supreme Court

he Is about to make after giving the question his best thought.
 e.. Same.---An instruction Is properly refused which states that If after sub jecting the facts to the tsst of reason there remained a doubt of guilt, the jury should acquit.
 10. Same; argumentative charges = A requested instuctions that the state- ments of the prosecuting attorney read from the Bible were not evidence in the case, was a mere argument and properly refused.
 II. Same--It was proper to refuse an instruction that accused should lot be tried according to the Bible but according to the laws of the land as given in the charge of the court as being argumeEtative.
 Appeal from Colbert Circuit Court.
 Heard befoe Hon. Joseph II. Nashan.
 Reversed and remanded Opinion by Anderson, J
 Haralson, DowdeIl, Denson and Me- Clellan, JJ., concur.
The Montgomery advertiser., 1907-09-26
SoNOMA GIRL WINS
DAN PATCH DID NOT ST
 AGAINST RECORD.
Winner of s5,0o0 Merchants Purse Lost First I've Heats, But Won Third and Last Two
 Easily.

Columbus. O.. Sept. 25.-Dan Patch was lame today and could not start against his record, so 1t fell to the lot of Sonoma Girl and Margaret O. to furnish the lengthy program at the Grand Circuit races. The tKo mares met in the Merchants s5,0oo stake and Sonoma Girl rnled favorite, she lost chance for the first heat by breaking at the head of the stretch. She started four lengths back In the second mlie: Although she trotted the last nalt oI U In i.O2 she could not overhaul Marga- ret O. The two had grueling time of 1t in the third mile. .
 Souona Girl was able to step in 2.OT the fastest time of the chilly day 6y two heats were rather easily won by oFH First division. s:1s class, trotting. three in five, purse. $500. one neat ..Sd puS (Packer). won in three straight heats fdora, second; Tregantle, third. Ilihe' 2I2 3-5: 2:i1 1-2; 2:11 1.2.
 Second division, s:lS ocn ciass. { pahSsass, heass THssasyArrow; ';sa 7cor3 won D. thTd and Gs foaFts heats: Point Burgler. won, hrst 1aa ana second heats; Sunday. .aS Seil, wS s.Ss i i-a: heat Time, 210 1-2; z:Vs l-|' @'Vs A~' S'sz sscond ld division. 2.is class. trotting. three in five, purse, $l,2OO--MarsoItss q m. by Mike Gin (Cox), won second fourth and fifth heats and race; Ds.sse Dcta- vie second; Rubens, third. Time, s:fs sfYs f-4: Sis s-4; 2:15 s-4; s;is i-s; 2:16. -. ca oao Ear e.24 trotters, three in hve-Sononsa tsirj h m, (McHenry), won tnlru' fourth and fifth heats and race; Mgrsa m, ret 0 second; Clayt Latis, third. Iime' a:os i.a: EOS i-2; 2:o7; 2:os; s.os l-4.
 2:1s class, pacing three in i've. pupss; purse S1 .2OO--Major Mailow, b. py @ DoN Elder. (Mailow and Thomasl, won sec. and third and fourth heats ana rs' racs' Time. 2.0s; 2.07 1-t; 2:0I s-4; z;Ue Sa' a.0s class, trotting, three m nvs. nurse. sf .200-Axcycle. D. g. py AxSI. Ax,. : l one (Hyde). won in three stFaasn' Hasr. neEts meats Time ElmS os i-2; 2:Os i-2; 2:os IT.
 2:o9 class. pacing, three in nves Purss' rs l st s00. unfinished--Lady Maud. en. nl.' hv Chitwood (AIcMahon). won nrst two hsafs. Frank Be Sure. secondi sSaheen"' third Time, 2:07 3-4; 2:0T l.4. .,a
 Horse review futurity, S-year-oIo trotters. three in five. purse. S7%Oo' nn- nn- enished-General Watts, b. c. oy AK AK. worthy (Powerman), won nrsI I'VE l heata. Miss Densmore. second! hohtie Way third, Time, 3:11; 2;os l-z'
The Montgomery advertiser., 1907-09-26
BOYD V. THE STATE.


 BOYD V. THE STATE. Buying. Receiving or Concealing Per
 sonal Property. .-(Decided March
 ?, I907 4s So. Rep. 204.)
 l. Receiving Stolen Goods; Ele- ments. To establish the crime of re- ceiving stolen goods 1t must be shown that the property was stolen and that defendant. knowing that fact and not intending to restore the property to the owner. bought. received and concealed, or aided another in concealing 1t.
 2. Same; Burden of Proof; Possess sion of Property .--The burden is on the State to prove that the property was stolen. but the recent possession of stolen property if proven casts on the defendant the burden of explaining his possession, and failure to do so raises a presumption of guilt that will sup port a conviction.
 3. Same; Sufficiency of Evidence; In- tent While the want of consent by the owner must be shown by direct ev- idence, the fact that the act was done clandestinely, or that an effort was made to conceal the property or pre- vent the owner from discovering it shows a felonious intent.
 (. Same; Admissibiiity of Evidence. ---Evidence as to the authority given the agents of the railroad company was admissible where it was contended that the agents of said company consented to the taking of the property from railroad car.
 5. Witnesses: Impeachment: Char acterS Evidence of Conviction; Proof of Identity "A judgment of conviction of a person whose name was the same as the name of the witness is admissible in evidence without showing that the witness was the person convicted. but the presumption of Identity raised thereby may be rebutted by evidence inconsistent herewith.
 6. Criminal Law; Trial; Jury Ques- tion; Presumption of Rebuttal-wheth- ST the presumption arising from the introduction of a judgment of convic- tion of a person by tue same name as that of the witness is rebutted by the other evidence is a question for the jury to determine.
 '. Same; Instructions; Reasonable Doubt; Degree of Proof. An instruc- ton asserting that if the minds of the jury or of any juryman is left in a state of reasonable doubt and uncer- tainty by the evidence. or any part of the evidence, after considering all the evidence of defendants guilt, then you cannot convict him, Is proper and It's refusal error; but charge assert ing that the State must affirmatively prove want of consent of the owner to the taking of the property requires too high degree of proof and its refusal was proper.
 Appeal from Anniston City Court.
 Heard before Hon. Thomas W. Cole man, Jr.
 Reversed and remanded. Opinion by Mcclellan, J Tyson. c. J.. and liar alson. Simpson and Anderson. JJ., con cur.
The Montgomery advertiser., 1907-09-26

PATTERSON, ct al. V. EANNAN. ct al Bill to Reform Deed.--tD tDecided March
 2, 1907. 43 So. Rep, 192. )
 i. Reformation of instruments; deeds; evidence .--In a suit to reform the description for mistake in deed the burden Is on the complainant to establish the mistake by clear and convincing proof
 g. Same; evidence; findings.-Evi- dence in this case stated and exan1in" ed and held to show that the descrip- tion describing the south boundary Of the land conveyed as extending to the center of a certain street. instead or to the street, was mistake in fact.
 Appeal from Mobile chancery Court.
 Heard before Hon. Thomas II. smith.
 Affirmed. Opinion by Simpson, J.
 Tyson, c. J., and Haralson and Den son, JJ., concur
The Montgomery advertiser., 1907-09-26
cNyu-Y pnACu

EJcctment.--(Declded Marcn z, lovt.
 4S So. Rep, 1ss.)
 1. Ejectment; evidences; homestead exemption.-Dccedent owned l60 acres of land at the time of his death, and his estate was declared insolvent. Plaintiff claims as an heir of decedent and was of age at the time of his death. Defendant claims through son of decedent who was a minor at the time of descedents death. Held. defendant was entitled to show that the land was the homestead of dece- dent. and that at the time of his death 1t was not worth more than $500.
 ?. Exemptions; homestead; widow and minor children Under Section 1,73S, Code 1852 and Acts 1S59-60, p. IS, the homestead of one dying inte- state. which homestead Is not worth more than $500. vests absolutely in the widow and minor children, and 1t does not require any proceedings to vest 1t.
 g.. Witness: cross examination of plaintiff--Plaintiff claiming the title to the land as an heir of decedent and defendant claiming through minor son of decedent, 1t was proper to per nit, on cross examination of plaintiff, questions as to statements made by her to her mother about disposing of the property by will, as Showing kiowl- edge by plaintiff that the property was claimed by her mother
 Appeal from Henry Circuit Court
 Heard before Hon. 1T. A. Pearcc.
 Reversed and remanded. Opinion by Simpson, J
 Tyson, C. J., and Haralson and Dem son, u, concur.
The Montgomery advertiser., 1907-09-26

STATE. ex rel. THOMPSON V COLL
 AS, ct al.
 Quo warranto to Annull Charter of
 Decided March 2,
 1907. 43 So. Rep, 1904)
 Corporations; interpretations; de- fective corporations; remedy.-An tn- corp oration under the name and style of Jebeles and Colias Company Is not void under Section 12s6. Code 1896. but voidable. and the defect may be remedied by filing with the Probate Judge Issuing the original certificate a statement setting forth the omission and supplying the same oy inserting the word confectionery after the name "Jebeles and Colias' and before the word "comany" as provided by Section 12s2, Code 1896.
 Appeal from Birmingham City Court Heard before Hon. Charles A. Senn. Affirmed. Opinion by Denson, J.
 Harrison. Dowdell. Anderson and Me- Clellan, JJ., concur.