davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1907-09-22
GAINS Y. STATE.


 Stealing Ride on Train.--(Decided Feb-
 ruary 2. 1907--43 So. Rep. 187.)
 l. Criminal law: appeal; questions presented for review--In the absence of a recital in the record proper of the courts action on the demurrers. the statement In the bill of exceptions that the court overruled the demurrers does not prevent such action for review.
 ,. Same: reserving exceptions to charRes-The bill of exceptions recites that appellant requested four charges and sets them out. and then recites that the defendant duly excepted to the re- fusal of the court to give them. Held. a request in bulk and not available if any one charge is bad.
 3. Unlawfully riding on train: evid- ence--Evidence in this case held sum- cient to authorize a conviction for un- lawfully being on train without consent of train operators with intent to be transported free. sa {. Criminal law: evidence: burden of proof: negative averments-The bur den Of proving the negative averments of the affidavit that the person was not in the employment of the railroad and that he was riding without authority from the conductor or engineer Is not upon the State, such facts being pe- culiariy within the knowledge of the defendant.
 Appeal from Shelby County Court.
 Heard before Hon. A. P Longshore. Affirmed. Opinion by Dowdeil, j.
 Tyson, C. J., and Haralson and Simp- son. JJ.. concur.
The Montgomery advertiser., 1907-09-22

pass are recoverable in ejectment.
 2. Trespass; possession of piainttn at time of trespass: evidence-The. plaintiff introduced no evidence of pos- session except judgment in eject ment. and as that relates. only to the time of beginning the ejectment suit. and as there was no evidence of tres pass except prior to the date of the be- ginning of the ejectment suit, plaintin cannot recover for trespass. Appeal from Mobile Circuit Court.
 Heard before Hon. Sam'1. Browne.
 Affirmed-Opinion by Simpson, J.
 Tyson, c. j.. and aHralson and Dem son, JJ., concur.
The Montgomery advertiser., 1907-09-22
SOUTHERN RY. co. V. CoTER, Damages for Failing to Deliver Good


 in Reasonable Time.-fDecided
 Feb. 14th. 1907,--4s So. Rep. 1o2l. l. Evidence; parol; shipment of goods; place of delivery; custom--ft was competent to show by parol evil dence the existence of a custom. to shed light upon the intention of the parties as to how the bill of lading should be understood with respect to the place of delivery. where the bill of lading for certain cotton shipped over defendants road read, Name G. K Place. West Point. Ga. County, care press. State Selma. Alabama" the same being an ambiguity on the face of the bill.
 2. Carriers; delay in delivery; dam ages; instructions--It was error to instruct that the damages. for delay in delivery of cotton should be esti- mated at tho price of the cotton at the place of delivery. when the bill of lading provided that the amount Of damages for which the carrier should be liable should be computed at the value of the cotton at the time and place of shipment
 Same; evidence: competency
The Montgomery advertiser., 1907-09-22
TAYLOR V. THE STATE.

TAXLOn Vs 4AAE D1 %A ~. Perjury.-(Decided Jan. zS' 1sV''-aH
 So Rep. 9s6).
 1. Criminal law; instructions: char acter of aocused.--A charge asserting that defendant may ofTer proof or his good character and that such proof taken in connection with ali the evi- dence in the case may be sufhoient to create a reasonable doubt of fhe guilt of the defendant; and one asserting that proof of good character in counec- tion with all the other evidence may generate a reasonabIs doubt which er- titles the defendant to an acauittal. even though without such proof of good character, the jury would convict, both state correct propositions of law. and their refusal was error.
 Appeal from Conecuh Circuit Court. Heard before Hon. ]. c. Richardson. Reversed and remanded Opinion by Tyson. c. j.. Haralson and Dsnson. pJ., concur.
 FOSTER V. THE STATE. ex rel.
 STANFORD. ct al.. QUO WAR
 RAETO.
 Decided March End. IsoT.--4s So. Rep,
 179).
 Judges; appointment; elsction--A Judge of Probate was appointed by the Governor to fill a vacancy occur ring by death of encumbant on May 9th. 19GS, and the next general elec- ton for officers occurred Nov. 9th. 1908, Held: That under the constitution and the rule of excluding the one day and including the other, the appointment was made more than six months prior to the election, and the vacancy was properly filled by election at tho gene eraI election.
 Appeal from Wilcox Circuit Court. Heard before Hon. B. M. Miller. Affirmed. Opinion by Tyson, c. Js All the Justices concur.
The Montgomery advertiser., 1907-09-22
THOMPSON V. TNE STATE.

Petit Darceny.--(Decldeu beDfuary l4,
 1907. 43 So. Rep. 115.)
 1. Criminal law; appeal; review; motion to quash venire.--Although the bill of exceptions recites that a mos tion to quash a venire was overruled by the trial court. 1t does not present that question for review on appeal. in the absence of an entry In the judg- rnent showing the courts ruling on the motion.
 ?. Larceny: suficiency of evidence. -Evidence in this case examined and held sufficient to warrant the jury in finding that defendant obtained the property with fraudulent intent to convert it to his own use.
 Appeal from Pike County Law Court.
 Heard before Hon. A. H. Owens.
 Affirmed Opinion by Denson. J.
 Tyson, c. J., and Haraison and simp- son, JJ.. concur.
The Montgomery advertiser., 1907-09-22
Head Notes Of the Decisions
 ofthe Alabana Supreme Court

Held, as presented sby the bill.. the court cannot hold that the failure to permit the sesemi-annual" book to be in- troduced was error, although of itself 1t might have been competent.
 3. Trial; reception of evidences; ex- ception; time of making--A receipt was proven and 1t was introduced in eyid- ence without objection, and a witness testified that the payment was in full up to certain time. Held. that mo- tion- made. at the conclusion of the ev- idence. to exclude the receipt and the witness testimony, came too late. Appeal from Mobile Circuit Court Heard before Hon. Sam'i. E. Browne. Affirmed. Opinion by Haralson, J. Tyson. c. J.. and Simpson and Denson. JJ.. concur.
 JONES V. THE STATE. Assault and Battery.--(Decided March
 2nd, 1907.--43 So. Rep. 179).
 1. Trial; instructions requested in bulk; effect-It is not error to refuse instructions requested In bulk where one or more are bad.
 2. Indictment: motion to quash-The fact that an attorney, not a member of the grand jury nor the regular so- licitor, was present and examined wit nesses before the grand jury, is not good grounds for quashing the indict- ment, where 1t appears that he was there at the request of the court and the regular solicitor. who was Ill., and that he did not counsel the grand jury or express any opinions unfavorable to defendant, though he may have admin istered the oath to a witness. 1t ap- bearing that other witnesses were ex- amined.
 Appeal from Geneva County Court. Heard before Hon. F. N. Hickman. ! Affirmed Opinion by Haralson. J. Dowdell, Simpson and Denson, JJ., concur.
 CITY COUNCIL OF MONTGOMERY V.
 REESE.
 Bill to Restrain Issuance of Bonds (Decided December 20. 1906-43 So. Rep. 116.J
 statutes; constitutional provisions: general and special statutes-Local Acts 1903, p. SIS is violative of Section 105 of the Constitution of 1901, and the issuance of refunding bonds by the city was properly had under the provisions of the general statutes, Acts 1903. p. II. Appeal from Montgomery City Court. Hkard before Hon. A. D. Sayre.
 Reversed and Rendered. Per curiam. SOUTHERN RY. CO, V. DICKENS. New Trial-CDe February IA, 1907. ---43 So. Rep. lzl.j O
 New trial; surprise and mistake. Facts examined and stated. and 1t IS held that under them plaintiff was properly granted new trial on account of mistake and surpriae.
 Appeal from Mobile Circuit Court. Heard before Hon. Sam1 Browne. Affirmed-opinion by Haralson. J. Tyson, C. J., and Dowdell and Simp- son, JJ., concur.
 -
 HENRY V. DAVIS rrespas to Realty-(DecideA February II, 1907-43 So. Rep. 123.)
 1. Ejectment; recovery of damages Under Section 1855, Code 1896. mesne
Evening journal., 1907-11-30
A STORY OF
TWO BICYCLES
Philadelphia Boy Charged
With Stealing Two WheeiS
Bui OILY Had One

Nicholas Dombly a boy between IL
and Is years old, who says he lives at
Twenty-seventh and Jefferson streets.
Philadelphia. was a defendant in the
City Court to-day on the charge Of
larceny OF two bicycles. After the evil
dence had been heard Deputy Judge
Josiyn postponed the case so that HUI
name Agent Stout could make an in
vestigation
James e. Booth testlded that his BIZ
cycle had been stolen from I'm front of
No. 212 West Seventh street last even
ing and John II. Minnick, O bicycle
dealer IN Delaware avenue. deposed
that he also lost bicycle from in front
of his store He found another in its
place, however, and this one proved to
be Booths.
Minnick tesuhed that young Dombly
came into his place last evening and
offered to sell him a wheel. The Wit
ness did not buy it, and the boy went
out A short time afterward the witt
ness found one Of his bicycles gone
and another in its place. He reported
the matter TO the police and Patrolman
Purcell was detailed on the case.
The officer brought Mr. Booths wheel
from Minnick's place TO the City Hail
and was returning to his district when
he saw Dombly come riding down Mar
ket street on Minnicks bicycle, which
he recognized by description, and he
placed the lad undor arrest.
Evening journal., 1907-11-30
WOODROW WILSON
DISCUSSES THE TRUSTS

In recent article President Wood
row Wilson, Of Princeton University,
says:
THE need OF the times is the oppor-
tunity for the Individual, of course, the
chance Of speaking plainly. with ethical
motive. I believe IN the individual, and
object TO corporate power in its pres
.ent indennable authority.
"A corporation or trust. TO my mind.
.is exactly in the position OF a group Of
burglars who meet in a room and in
corporate themselves to pursue the
business OF plundering.
"The law proceeds against IT the
corporation, not against any SPECIFIC
individual The dilemma OF the law is
TO find it. to bring IT. before the
judges, and finally TO incarcerate. 81
In jail or course you cannot put a
finger on H. there is no coat collar for
the policeman 70 hold IT by, and there
Is no IT that the judges can see tang
IDLY enough to sentence to Jail.
The result is a fine against 1T
IT is next 20 impossible TO imprison
any man Of influence IN this country.
The fault is not with the judges. whom
1 believe are essentially honest. and
above criticism. but with our system Of
juries. A jury is susceptible and fire.
quently unable 10 understand the eth
les Of law. I believe n the corporations
would explain their business methods
to the public that a different impress
sion would ensoe.
MY advice TO corporation lawyers
has been TO influence legislation toward
a ruling that will make the business of
the corporations a matter OF public
record"
Evening journal., 1907-11-30
DROP DOLLAR IN
TREE, GET A IMP"

Special to THE EVENING JOURNAL
DOVER, Nov. 30.-It is reported that
the "moonshine" trick Is being resorted
to IN Dover. and the law and order in
Nestigators have some good clews to
the distribution Of about $40 worth Of
Thanksgiving whiskey in this manner.
There Is an old. tree. IN Dover. with
acknowledgement hollow, in which a
dollar Is placed and on the return trip
the donor of the dollar to the tree is
kindly remembered with a quart bottle
full OF genuine whisSey in the same
hollow In which was the dollar The
circumstantial evidence already secured
by the Law and order League is said
20 DO far-roaching.
Evening journal., 1907-11-30
Deaths

William A. connor.
John Foley.
Joseph Cash.
Abigail B. Buckson.
Il. Amelia Scott.
Ann w. Hayes.
coNNoR-1n this city. on November
2S, 1907, William A. ConnOr.
Relatives, friends, Wilmington Aerie
f. o. b.. No. "A and Eleventh Ward
Democratic Club are respectfully in
vited to attend the funeral from the
residence OF his brother-in-law. T.. r.
Ryan. l11O Conrad street. on Monday
morning at $40 sharp Mass at Cathed-
raj. Interment Cathedral Cemetery.
FoLEY--In this city on November 2S
1907, John Foley.
Relatives and friends are respect
fully invited to attend the funeral from
his late residence. 423 Eighth avenue
on Tuesday morning, December Sd. AT
3 o'clock. Requiem mass at st. Pauls
Church. Interment Cathedral Cemetery
cASH--In this CITY. on November 2Sth
1907, Joseph Cash.
Relatives. friends, members OF Re
lance Fire Company. No. 2. Sheridan
POST, y. A H. Union veteran Legion
5nd the Democratic League are re-
Epectfully invited to attend the funeral
services AZ his late residence. All West
Fifth street. on Sunday afternoon. De-
Gem Der list. 1907, at 2.30 O'Clock inter-
ment at Mt. Salem Cemetery. Phil
adelphia and Chester papers please
copy.
BUCKSoN-In Stanton. Del, on No
vember 2Sth, Abigail p. Buckson
aged II years
Relatives and friends are invited tC
attend the funeral services from the
residence Of her son-in-law, Frederick
Ellison. in Stanton, on Sunday even
fng. Decembe LIST. at Z o'clock. Inter-
ment at the Union NJ. e. Cemetery
near Townsend. Del, on Monday morn-
ing. December 2d.
Evening journal., 1907-11-30
CLAY AT
OLD SWEDES

The Rev Albert E. Clay formerly
rector OF ST. Anne's Church, Middle
town, who accepted the call extended
to him by the vestry Of Trinity parish
to become vicar Of Holy Trinity (Old
Swedes) Church, win assume his pulpit
tomorrow which, appropriately. is the
first Sunday In Advent and the begin
ming Of another Christian year.
The Women's Guild OF Trinity
Church win probably arrange for n
parish reception to be held early in
January, when the Rev and Mrs Clay
viii be the guests Of honor.
Evening journal., 1907-11-30
surprise Party.

Belford II. Best was given a surprise
party Thursday evening az his home
at Falkland. In honor Of his thirteth
birthday anniversary. Among those
present were the Misses Mary Mer-
shall. Bessie Mcdonald. Lille NJ. Du-
Ross. Thresa Hauehey. Media Walih-
e. Sophia Walthcr Hannah Me-
Cnrthy. Mary Mccarthy, Catherine
Mccarthy. Elsie sphare. Messrs. VIII
liam Marshall Edward Scully. Joseph
cnkey. John Mcdonald, Aired Me-
onald. Frank Kyle. Howard Walther,
r ward Mccarthy, Michael Quill, Mrs
N niam Marshall Mr. ana Mrs Jabez
ranks. Mr. ana Mrs John Murray and
family. Mr.. and MIS- Charles Nc
Donald. Mr. END Mrs Daniel p. Du-
Ross ard family Mr. and Mrs Ed
ward DuRoss and family. Mr. and
Mrs JOSEPH DuRoss. Mr. and Mrs
Joseph Lynch ana family, Mr.. and
Mrs John O'Neal. Mrs. Jennie Nyie.
Mr. and Mrs John II, Best.
Evening journal., 1907-11-30
SALE OF JAMESTOWN
STAMPS STOPPED

The sale Of the Jamestown commem-
oratiVe postage stamps was dlscontin-
ued by the government to-day and they
VIII soon become the objects OF search
by STAMP collectors. So FAR as the local
post office Is concerned, the sale OF th b
jamestown stamps ceased several days
ago for the simple reason that every
one OF the 32ooS stamps received here
had been disposed Of
This was IN spite Of the fact that the
stamps were not placed ON general sale,
but were sold only 20 those requesting
them. In other cities where the post
Offices have been left with stock of
the stamps they will be continued TO be
sold until the supply is exhausted.
Evening journal., 1907-11-30
THE
Lyn Thomas Bank
Explained"

A customer can select any article or
articles they like and make a payment
"of any amount that suits them" They
are given then a neat bank book show
ing what they selected, and on the cor
responding page the amount of cash
they deposited. The article is then
placed away for them lin a special
made filing cabinet for safe keeping
until it is called for In this way it
comes to you the last minute just
what you want and the night before
Xmas, when you start out to get your
presents you know you are going to get
just what you want. If you choose you
can, between the time you select the
ARTICLE or articles and Xmas, stop in
and deposit money on your bank book
$50 as to make the articles come easy,
or save you from losing the money
possibly if you have it laying around
home.
Evening journal., 1907-11-30
ELECTION is ON
AT NEW CASTLE
Big Hustle for the Little
Office Of Trustee Of the
Commons
spealal 70 THr EvENINa JouRNAL.

Special to THE EVENING JOURNAL
New Castle. Nov. so-There was gem
eral hustle in the city last night and to-
day 1t was renewed because the election
for Trustee Of the New Castle Commons
Is being held this afternoon. John Z.
Taylor, Nahion X. Lancaster and George
Pierce are the candidates AS this is the
first election following the local option
campaign every effort will be made TO
bring out big vote. The temperance
question has been brought into the eiec-
ton to-day and wet" and "dry" are APP
piled TO some Of the candidates.
For twenty-five years New Castle has
had the reputation OF having an up-to-
date IRE company The new organization,
the Good VIII No. ], promises TO be equal
to all occasions.
At the Methodist Episcopal Church to-
morrow the services will have special in-
ferest 1t is the annual rally occasion.
Rev. w. G. Koons a former pastor now
Presiding elder OF Easton District, viii
preach In the morning The singing will
be IN charge Of a male chorus, assisted
by Mrs. Kahler OF Reading Pa. The Rev.
J. NJ Arters. OF Wilmington win preach
in the evening The singing viii be In
charge Of the Bethany Male Qusrlette.
Pleased With Street
Citizens in general are congratuating
the committee on streets regarding the
new road past Baldton. Many people are
IN favor Of having that part OF Whining
ton avenue in front Of the Buttouwoods
built by the company that will build the
read from Eden Park to New Castle
city limits.
An Important meeting OF the Boar1 OF
Trade VIII be held on Monday evening
Corn thieves are sull working IN Sew
CasHe hundred
Many New Castle people went to P1ila.
ueiphia to-day to sec the football game
Evening journal., 1907-11-30
ON GREAT
ENGLISH WRITER'S

Three lectures on some great English
writer's Of the nineteenth century will
be given by the Rev. John s. Bunting
on Wednesday afternoons December
at o'clock in the assembly room Of
Delaware College.
The subject for December 4 will be
ALFRED Tennyson, poet;' for December
IL, John Ruskin, Reformeri" for De-
cember is. John Richard Green, His
torian." These lectures will be given
under the auspices Of the Department
of English and History, and everyone
is invited to be present The librarian
OF the college wishes to extend the
freedom OF the library to anyone who
may care 20 consult the books relating
20 these men, which have been placed
on tho reserved shelves.
Evening journal., 1907-11-30
PRIZES FOR CORN EXHIBIT
IN DIAMOND GRANGE HALL

Diamond State Grange, Patrons Of
Husbandry. will award prizes 10 the
farmers who can present the best
specimens OF corn grown in this part
OF the country. The awards will be
made after an exhibition Monday even
ing in the han at Stanton. The exhi-
bition win be held 10 encourage the
culture OF corn In Delaware.
Evening journal., 1907-11-30
FIre pid Some pamane.

Fire did 500 damage in the home
OF zazwiz Mulzinsky at Maryland
avenue and Cedar street yesterday
afternoon An alarm was struck from
box No. SO. The origin OF the blaze
is unknown.
Evening journal., 1907-11-30
Sterling Plated
Ware
BIG HANDSOME FRUIT DISHES

Pink DISH silver stand, complete SI5O
Larger ones $500, S2.5O and big $500
value for only $3.50 here-Lyn Thomas's.
Silver Bread Trays SL25 and up
Four piece Tea Sets, (beauty) only $500
Better Tea Sets, $10O0 $780, etc
Pitchers Cracker Jars Syrup Cups Carving Sets etc. etc
etc, s175, $780, $3.50 up to $4,000 for large Sill.
Bowl and Lemonade Set
See yn Thomas for your Xmas Gifts we can suit your
fancy and your pocket-book.
Evening journal., 1907-11-30
CHANDLER q g9Sf5tShss E%sa1hsS

No. PA W. Ninth Street.
Careful attention day or night.
Bodies in Boarding Houses. Hotels
and Hospitals removed and cared for
until claimed. Carriages furnished.
Appointments nrst-ei~Ss. Both Phones.
Evening journal., 1907-11-30
Minouadsle Hone MEETING.

The AIinquadale Home will hold IFS
monthly meeting in no. 1898 West
Fourteenth street. Monday afternoon at
o'clock An adjourned meeting OF
the corporation will be held at 430
O'Clock.
Evening journal., 1907-11-30

The ordinary rain gauge consists Of a
copper funnel exactly Eve inches in d.
ameter. Its lower end y inserted in a
bottle.
Evening journal., 1907-11-30
Wit and Humor
JOE BLACKBURN.

TH o q IN the
N fighting and
silver tongued
senator from Ken
lucky was defeated
for reelection, peo-
pie Of the Blue
Grass State as well
as those of Wash
lneton will long re-
membey his quarter
Of a century's serv-
ice in the two
Evening journal., 1907-11-30

The above idea is original and is
only used by the Green Sien-Popular
Price JeweIry Store. It is called The
Lyn Thomas Bank, and has already
hundreds Of people deposting in it.
Come now and avoid the rush.
Evening journal., 1907-11-30

houses or congress, his stock of good
stories and his bright repartee.
AS sample Of the stingng language
Blackburn sometimes uses may be
cited his character salon Of a western
judge whom he hSs introduced to
President Cleveland late in the cam
paign Of 1883 After this judge re-
turned home he gave out an interview
In which he professed to quote the
president as having given up the cleo
ton because of the treachery Of Sen
ator Hill Of New York, Mayor Hewitt
and others. Blackburn characterized
the whole statement as false and
wound up his sizzling roast in this
fashion:
Il can do no more than to crave the
presidents pardon for having been
misled into introducing to him carl
cature upon humanity, for whose ex-
istence the Lord in fair dealing owes
an apology to mankind"
Evening journal., 1907-11-30
Rolled Gold Mounted and
Gold Filled
COMBS
Sets Of Three,
SI.5O, $3.50, $500 Up to $40
Warranted TO Ware.

Single Back Combs, plain for mono
grams, fancy, engraved and set with
stones, SOC, S1O0. S1.50 up to $500.
Beauties. A very desirable gfft.
nat Pms ...-..............5 SOC and up
Belt Buckles SOC and up
Belt Pins .-................50 soc and up
cun Pins ........... Csc pair and up
Breast Pms ...............5 SOC and up
Thimbles (silver) ..........25c and up
hair Barretts ..............S Soc and up
All Gold Ear Rings. $500 pair ond up
Baby Cups ................50 SOC and up
Napkin Rings ........... soc and up
Cross Pendants ........... SOC and up
Neck Chains, with charms
SI.OO and up.
Evening journal., 1907-11-30

Blackburn's fondness for speechmak-
ing is matter Of common knowledge.
At one time he was on an outing trip
with some friends along the Kentucky
river when a few dozen residents OF
the nelghborhood Joined the party. The
food was Of the best. and there was
plenty Of liquid refreshment. Black
burn. however. did not seem to be en-
joying himself one Of his friends
asked him what was the matter. 81
don't Ike this crowd" Blackburn re-
sponded. "Nhy. Joe" his friend re-
monstrated. there's not man here
who wouldn't die for you" u know
that" returned Blackburn. ats not
ae quality I'm oblecting to. but the
quantity. The crowd is too big for an
onecdote and not big enough for a
speech"
Evening journal., 1907-11-30

Blackburn one day invited Secretary
Shaw and Vice President Fairbanks,
who was then senator, to have some
thing. When Shaw was asked what he
would take. he replied:
"Well, guess I'll have a glass Of
lemonade"
blackburn then turned to Fairbanks
and said:
"And what will you have. senatorY'
"I'll have a glass OF moxie." was the
reply
The bartender said to Senator Black.
burn:
"And what's yours. senatorg"
"Oh,' said he. scarcely able to con-
ceal his disgust Il guess I'll have a
piece Of squash pie"