davidaulloa/AmericanStories huggingface dataset:
The daily morning journal and courier., 1907-12-13

Mrs William Gledhill of New Ha- ven. is spending a few days with Mrs Charles FreyIer of North Main street, Bridgeport.
The daily morning journal and courier., 1907-12-13

Miss Mary o'Hara of Carroll ave- nue, Bridgeport, came on Monday for a few days visit with her sister, Mrs. Thomas Garry, at her home in this citv.
The Montgomery advertiser., 1907-03-09

OSsTE vs. THE STATE. Habeas Corpus. .-- (Decided June 9th, 1906. Al So. Rep. 945.)
 T.. Convicts: contracts of hire; pow CTS to annul. --If the convicts are
The Montgomery advertiser., 1907-03-09
Ioubt. are correct and properly giv-

doubt. are correct and properly giv- en.
 IT. same.-when a charge is correct in stating that beyond a reasonable doubt" does not mean absolute cer- tainty. 1t is not rendered so erroneous as to work a reversal, by the added assertion that there is no such thing in human affairs as absolute certain ty.
 IS. Same.-A charge asserting that if the jury are reasonably doubtful as to the proof of any material allegation in the indictment they must acquit, IS erroneous and properly refused.
 10. Same-A charge asserting that If. after considering all the evidence, the jury have a fixed conviction of the truth of the charge, that they are sat isfied beyond. reasonable doubt. and it Is their duty to convict. is correct.
 20. Same instructions; altbi.-A charge asserting that where a defen- dant attempts to prove an alibi the burden is on him to successfully prove it, is a correct statement of law.
 21. Same; instructions; disregarding defendants Testimony-An instruction is proper that asserts that if the jury believe from the evidence that defen dant has wilfully sworn falsely as to any material matter. they may, in their discretion, disregard all of his testi- 
 mony.
 22. Same; repetition of instructions. where a proposition has been clearly stated in a written charge given, 1t is not error to refuse charges which are substantial duplicates thereof.
 23. Same; instructions; degree of proof-A charge asserting that there should not be conviction unless, to a moral certainty, the evidence excludes every other reasonable hypothesis than that of guilt of defendant, and no mat ter how strong may be the facts, if they can be reconciled with the theory that some other person may have done the act, when the guilt of defendant Is no shown by that full measure of proof that the law requires, Is erroneous as requiring a too high degree of proof
 24. Same: instructions; cireumstan- tiaI evidence.-A charge asserting that one accused of crime should not be convicted on circumstantial evidence, unless such evidence shows, by a full measure of proof, beyond a reasonable doubt. that defendant is guilty, and such proof is always insufficient unless it excludes to a moral certainty every reasonable supposition or hypothesis
The Montgomery advertiser., 1907-03-09

arising out of all the evidence. but that of defendants guilt: and no matter how strong the circumstances, if they can be reconciled by any theory, gem erated by all the evidence, that some one else may have committed the crime. then defndant is not shown to be gull ty by that full measure of proof that the law demands, requires a too high degree of proof, and is properly re- fused.
 25 Same; instructions; invading province of jury.-Charges asserting that there is not sufficient evidence of certain facts, and that there is no evi- dence before the jury that deceased was murdered. was properly refused as invasive of the province of the jury.
 26. Same; incomplete and mislead- ing instructions-A charge asserting that before the jury are authorized to convict the hypothesis should flow na- turally from the evidence, and be con sistent with all of it, being incomplete and misleading in that 1t is not stated what hypothesis is referred to, was erroneous and properly refused.
 27. Same; instructions; degree of proof.-A charge asserting that before defendant can be convicted the evil dence should be as strong as the posi- tive testimony of one credible witness, who proves beyond all reasonable doubt the guilt of defendant, is erroneous.
 2s. Same; argumentative instruc- tions.-A charge which asserts that the law says 1t is better that the guilty go unpunished. than that the innocent. or those whose guilt is not shown be- yond a reasonable doubt should De punished, besiIes being, erroneous, IS argumentative.
 Appeal from Lawrence Circuit Court
 Heard before Hon. D. w. Speake.
 Affirmed. Opinion by Denson, J.
 Weakley, c. J., Haralson and Dow dell, JJ., concur.
The Montgomery advertiser., 1907-03-09

MAYOR AND ALDERMEN or BIR- MINGHAM V. BIRMINGHAM VA
 FIREWORKS COMPANY. AND BIRMINGHAM wATERWoRKs
 COMPANY V. MAYOR AND AL-
 DERMEN OF BIRMINGHAM Bill to Construe Contract and to, En-
 join Certain Charges for the Use
 of Water. (--Decided May 1ith.
 1908 A So. Rep. 1o).
 i. Waters and water courses; muni- cipai supply; contract; construction.-- The contract between the city and the water company provided for specific rates for domestic consumption of spe- cified character, and authorized the company to charge meter rates for other uses of the water. Held: The rates for dwellings did not include the use of water for vegetable gardens, lawns. flower and pleasure gardens. and that for these purposes meter rates could be charged. .s8 q Same.-The contract bound the company to furnish water to dwellings of the inhabitants of the city, at spe- ned rates per dwelling, to be deter mined by the number of rooms in the dwelling. Held: That In fixing the rate per dwelling, the company was not entitled to count as rooms, reception halls containing stairway and fire place and used sorely for the purpose Of reception of guests and the passage of the family of the occupants.
 ,. Same; persons entitled to con- tract--Persons living beyond the city limits at the time of the making of the contract with the water company, but who subsequently, became residents of the city by an extension of the city limits. are entitled to the use of water at the contract rate.
 4 Same; division of single house. Where a single house was divided into rekidence apartments and occupied by different families, water company, entitled to charge for water according to the number of rooms in each dwell- ing, was not entitled to treat each room or apartment as a separate dwell- ing. and charge accordingly.
 s. Same.---where a dwelling was occupied by two or more families, the apartments being separated by parti- tions without common halls, exits or entrances, a water company, author ixea to charge for dwellings according toMthe number of rooms therein, could treat such a house as two dwellings,
 S. Same; water cIosets.-The con- tract authorizing a specific charge for water closets for private families. the water company could charge for the use of the water closet, to each family. whether they used the closet Jointly or not.
 2 Same; servant houses.-A water company, authorized to charge for each dwelling house, according to the num- Der of rooms therein, were entitled toNcharge for the rooms in servant house within the curtilage of the dwelling, although no hydrants were used in the servant house.
 Appeal from Birmingham City Court.
 Heard before Hon. Charles A. Senn.
 Affirmed. Opinion by Anderson, J.
 Haralson, Simpson and Powell. Spe- cia1 Justice, concur.
 Tyson, Dowdell and Denson, JJ., dis : sent in part.
 OSsTE vs. THE STATE.
 Habeas Corpus. -- (Decided June 6th
 1906. Al So. Rep. 945.)
 T.. Convicts; contracts of hire; pow CTS to annul. --If the convicts are
The Montgomery advertiser., 1907-03-09
Head Notes Of the Decisions
 of Alabama Supreme Court

2 ta ffa s cruelty treated or if the bond of the hfrer Is insufficient, or deemed so, however the information Is obtained, the Judge of Probate may, under Sec tion 4526, Code of 1896, of his own mo- ton, annul contracts for the hire of county convicts, whether hired inside or out of the county.
 3. Same: annulling contract for in- sufficiency fbond.--The present state of insecurity for the future. will jus tify the annullment of the contract of hire on account of the insufficiency of the hirer's bond, and the annulment is not confined to the fact of a change in the sufficiency of the bond from what it was when originally made.
 3. Habeas corpus; scope of Inquiry. --The inquiry in habeas corpus pro- .ceedsngs Is as to the unlawfulness of .he detenticn--the status of the peti- tioner at the time of the trial--so that changes n.the condition of deten- ton between the time he writ was allowed and the time the trial was had formed part of the inquiry, and are to be considered in the decision.
 1. Same: relief The contract hav- ing been annulled before the term of petitioners sentence had expired. the order in habeas corpus should not be an absolute discharge; the order
 
 :, of the hirer and a remandment to the custody of the jailer until further dis position can be made.
 Appeal from Jefferson Criminal Court.
 Heard before Hon. S. L. Weaver.
 Reversed and remanded. Opinion by Tyson, J.
 weakley, c. J.. and simpson and Anderson, JJ., concur.
 
 SPRINGFIELD ct al V HURLEY. Assumpsdt.-(Decide June 30, 1906
 41 So. Rep. 942).
 Appeal; rulings on pleading; harmless error.--It was harmless error to sus- tain demurrer to plea where the de- fendant was afforded an opportunity to make the same defense under an- other plea to which a demurrer was overruled.
 Appeal from Cherokee Circuit Court. Heard before Hon. James A. Bilbro. Affirmed. Opinion by Denson, J.
 Weakley, c. l., and Haralson and Simpson, JJ.. concur
 HARToN v. TOWN OF AvoNDALE. Bin for Supersedeas and Certiorari to
 the Authorities of the Town of
 Avondale to Stay Further Proceed
 ings as to Certain Assessments and
 to Declare the Same Null and Void.
 Decided July 6, 1906. fl So. Rep.
 s34)
 1. Exceptions, bills of; signing; time. --The Judgment in this case was rem dered January 31. 1905, and the bill of exceptions signed November 13, under orders by the court extending the time of signing to December 1, 1905. Held, that the signing was within six months of the adjournment of the term at which the judgment was rendered. and within the time fixed by the trial judge under orders extending the time, and that the bill was signed in time.
 3. Constitutional law; due process: special assessment.--The assessment of the cost of improvement against lands abutting or in the immediate vicinity of the Improvement, being a part of the taxing power of the government, can not be said to be without due process of law, because there is not provision for a regular investigation by court
The Montgomery advertiser., 1907-03-09
aRAYsoN vs. HAIsL1P.

Bill to have lands subjected to the
 payment of mortgage in certain
 order and for reformation. --Deci-
 ded July 6,1soe. fl So Rep. 951.) Costs: equity; separate issues.- Where the bill was originally filed to have lands subjected in certain order to mortgage debt. to which relief complainant was not entitled, and af- rewards amended asking for the re- formation of a deed, to which relief complainant was entitled, and which relief was denied him. it is proper that the cost of the case and the cost of appeal should be adjudged against the complainant. It being shown that the respondent was not requested to make the reformation and 1t not appearing that if requested he would not have voluntarily made 1t, and 1t appearing that such subject was not really litigated in the case.
 Appeal from Madison Chancery Court
 Heard before Hon. w. H. S2npson
 Affirmed in part and in part re- vetsed and rendered.
 opinion by Mcclellan, c. J.
 Haraison, Tyson, Dowdell and Dem son, JJ., concur.
The Montgomery advertiser., 1907-03-09
HAMILTON V. THE STATE.

Grand Larceny. Decided July 6, 1906
 fl So. Rep. 940.)
 l. Larceny; indlctment; description of property.-An indictment, the first two tewenty dollar bank bills and one one dollar bank bill lawful money of the United States of America; and the second count of which alleges the talk ing of two twenty dollar national bank notes and one one dollar national bank and the third count of which describes the property taken as two tewenty dol lar United States treasury notes, and one one dollar trasury notes, lawful money of the "U. S. Az, is not demur- rable for failing to sufficiently describe the property alleged to have been talk en.
 sion. F criminaI atn9aa,,s, lay; eyitdssnee comics cuesd was in the custody of the sher- If, confessions made while so in custo- dy were admissible where it is shown that no threat was made or any re- ward or inducement offered to obtain them.
 B. Crimnal law; instructions, credi- bility of witnesses. es.-Instructions as serting that if the witnesses testifying to the crime were in the opinion of the jury unreliable, and not worthy of be- lief the accused could not be con Victed are properly refused, as preter- hitting corroboration by other evil dence.
 4 Same A witness may swear falsely to a material fact unintention- ally, hence a charge which asserts that If any witness was shown to have sworn falsely to any material fact, hls testimony might be disregarded, was properly refused
 5. Larceny; trial; instructions Instructions hypothesizing the descrip- ton of the property as alleged In a count of the indictment, and requiring that the defendant could not be con- victed unless the proof showed that the money stolen was this certain kind of money were improperly refused.
 6 Criminal law; plea of not guilty. A trial on its merits cannot be en- tered into until the defendant has
The Montgomery advertiser., 1907-03-09
RARNEs ys, MoRAGNE.

Action to recover taxes paid under pro
 test to the tax coiiector.-- (Decided
 July 9th. 1906. 41 So. Rep. s47. }
 T. Taxation: mortgages; statutes; repeal The act of 1903 General Acts, 1908, p. 227) so far as same re- lates to subdivision seven of Section ss11 of the Code of 1896. repoals said subdivision seven and in lieu thereof fixes a privilege tax upon recorded mortgages, but fixes no tax other than this privilege tax upon solvent cred- it's
 9 Same Money lent, solvent cred- its and other credits of value secured by or evidenced by unrecorded mort gages or other instrument. are not sub ject to taxation under subsection l4 or Section 3911 of the Code of 1S9e.
 Appeal from Gadsden City Court.
 Heard before Hon. John H. Disque.
 Affirmed. Opinion by Tyson. J. Haralson. simpson and Anderson, JJ., concur.
 weakley, c. T., Dowdell and Denson, JJ., dissent.
The Montgomery advertiser., 1907-03-09

pleaded not guilty. or that plea has been entered for him by the court, and this fact must affirmatively appear of record before conviction can be had Section 52e2. Code 1896.
 Appeal from walker Law and Equity Court
 Heard before Hon. Thomas L. Sowell.
 Reversed and remanded.
 Option by Denson, J
 Weakley. c. J., Dowdell and Ander- son. JJ. concur
The Montgomery advertiser., 1907-03-09
WON FIRST VICTORY.
Government Draws Initial Blood 0
 ReichsfnE Session.

Berlin, March S.--The government won its first victory in the new Reich stag today when that body, by large majority passed the second reading of the Complementary aupro- priation bill for German Southwest Africa and also the appropriation for beginning the work of the railroad from Kubub to Keetmanshoop.
 The center party, Poles and SocAal- ists. voted against the measure.
The Montgomery advertiser., 1907-03-09
HATFIELD ct al. V. COURT OF COUNTY COMMISSIONERS. rus
 CALOOSA COUNTY

COUNII +CJMMlSSIONERS. TUS-
 CALOOSA COUNTY. Certiorari of Stock Law Petition from
 Commissioners. Court to Circuit
 Court.-(Decided May IT. 1906.s
 fl So. Rep. 932).
 1. Appeal; security for costs; ap- proval.-In applications for writs of certiorari, where the apeal Is from the order of the judge awarding or denying the rule nisi, it must be taken under Section 431 of the Code of 1896, and the security for costs must be approved by the judge; where the appeal is from final judgment of the court on the application for certiorari, 1t must be taken under Section 2S2T and the se- curity must be approved by the clerk of the court.
 2. Same; execution of security When no supersedeas Is asked for, but security for cost merely is given, 1t Is not necessary that the appellants be bound thereby; it Is enough that the surety acknowledges himself as such for the costs of appeal.
 3. Certiorari; when it lies-Certio- rari is the proper remedy for reviewing an order entered by the commission CTS court establishing a stock law district under the acts of 1S94-5, p. 74s, where 1t Is alleged that the order Is void on it's face.
 
 clerical error in order.--It being re- Quired under Acts 1894-5, D. 749, that the notice of application for the es- tablishment of a stock law district be posted in three public places, and the order of the commissioners court recit- ing that 1t was posted in the public places" 1t is apparent on its face that 1t is a clerical error, and as such does not render the order void as failing to show compliance with the provision of the act necessary to give such court Jurisdiction to act.
 5. Animals; stock laws; Judgments; description of district.-Under the act permitting the establishment of stock law districts in Tuscaloosa County (Acts 1S945. D. 749), and requiring that the order establishing the district shall define its boundary lines, an order is sufficient which describes the dis trict as all the territory embraced in the boundaries of Beat 20 in Tusca- 1oosa County known as Crosslands Beat.
 6. Same; repeal of local act.-The acts of 1S94-5, D. 749, authorizing the commissioners court of Tuscaloosa County to establish stock law districts in said county on certain conditions, is local act and is not repealed by the general acts of 1908, D. 4S1, under the express provisions of said latter act.
 "Rehearing denied July 6, 1906.
 Appeal from Tuscaloosa County Court.
 Heard before Hon. H. B. Foster.
 Affirmed Opinion by Denson, J.
 Weakley. c. J., and fIaralson and Dowdell, JJ., concur.
The Montgomery advertiser., 1907-03-09

U.
 ELLIS ct als V CRAwsoN. A Bill to Have Declared Null and Void
 and to Have the Probate Proceed
 ings Leading Up to it's Probate and
 the Probating of the VIII Annulled
 and Set Aside.---f Decided June 30th
 1906. Al So. Rep. 942).
 1. Wills: suit to contest; Imitation The fact that some of the heirs at law of q testatrix were barred under the statute from proceeding in chancery to contest the will. did not affect the right of a minor. who was not properly represented at the probate of the bill in the Probate Court Sections 429S. 429s, Code 1896.
 2. Same; pleading; demurrer.-A suit in chancery to contest will after its admission to probate where 1t was sought. in addition to setting aside the will, to have deed from legatee set aside and also an injunction against the legatee's grantees to restrain them from disposing of the property, the extent and character of complainants relief being determinable in the final decree, such question could not prop erly be raised by a demurrer to the bill.
 8. Appeal; review; failure to demur The question of multifariousness of a bill cannot be considered on appeal. although argued by appelient in the absence of a demurrer to the bill rais- ing this question.
 1. Equity pleading; bill; inconsist- ency and repugnancy.--wi being multifarious. a bill may be inconsist- ent and repugnant in its averment.
 5. Same; wills. contest.--The bill ayers that the will was not attested by two witnesses, while the copy of the will attached as an exhibit thereto dis closes two subscribing witnesses, Held: Not to render the bill repugnant in averments.
 6. Wills; contest; allegations of grounds.--Tn a contest in chancery of a will under Sections 4298- 4299, the par ty contesting Is not confined to any one ground of contest, but all the grounds of contest mentioned in Section 42S7 may be alleged.
 I. Same: sufffciency of bill; allega- tion of fraud.-The allegations of grounds of contest should state facts and not conclusions, and the bill al- leging the execution of the will pro- cured by fraud and misrepresentation without avering any facts constituting such fraud and misrepresentation is open to demurrer.
 Apeal from Jefferson chancery Court.
 Heard before Hon. A. H. Benners Reversed and rendered. Opinion by Dowdell, J.
 weakley. c. J.. Haralson and Denson, UJ., concur.
The Montgomery advertiser., 1907-03-09

not void under 1t. solely because each lot was assessed on the basis of the cost of the work done in front of #, Improvement cost, and apportioning the same among the abutting owners
 Appeal from Birmingham City Court.
 Heard before Hon. c. w. Ferguson.
 Reversed and remanded. Opinion by simpson. J.
 U.
The Nevada County picayune. (Prescott, Ark.) 190?-current, 1907-12-12
Rings of Saturn Have Disappeared Says Recent News Item
SHONTS SUCCEEDS FELTON,.
Is Elected President of Chicago &
Alton at Directors Meeting.

New York. Dec 5.-At a meeting of
the directors of the Chicago & Alton
Railroad Co. Wednesday, Theodore P.
Shonts, president of the Toledo, st.
Louis & Western Railroad Co. and
also president of the Interborougn
Metropolitan Co. which controls the
transit lines of Manhattan, was elect
ed president to succeed S. NJ. FELTON,,
resigned.
George H. Ross, vice president of
the Toledo, St Louis & Western, was
elected vice president of the Chicago
& Alton. Mr.. Ross has been in charge
of the operating department of the
Glover Leaf road, and he will also
have charge of the identical depart
ment, it is said, of the Chicago &
Alton. The latter was recently taken
over by the Toledo, St Louis & West
ern.
The Nevada County picayune. (Prescott, Ark.) 190?-current, 1907-12-12
Hammond Declared Sane.

New York, Dec. flames Bartlett
Hammond, head of the Hammond
Typewriter Company, Friday left the
private sanitarium where he has been
for some time and visited his manu-
featuring plant. His return was made
the occasion of a welcoming demon
stration by the employees A sheriffs
jury Thursday night declared Mr..
Hammond sane, thus ending the action
begun last April when his brothers
and sisters joined in an effort 10 have
him adjudged incompetent to manage
his business affairs.
The Nevada County picayune. (Prescott, Ark.) 190?-current, 1907-12-12
THE MARKET -
Livestock Markets.

KANSAS CITY-Cattle-Choice el
port and dressed beef steers, So'VVe
500; fair to good, $3.50 800, west
ern steers. s3.50@4.50; stockers anu
feeders, $2.S5@435; southern steers 10
s3.25m4.50; southern cows, S295'u'
native COWS, $1.754425; native heli'
ers, $3.25Q5.15; bulls, 81 9ogi a,
calves, $3@3,65. Hogs-Heayy $i'1n
m4S4: packers, s470@4S1 n plss
and lights, $4G0@4.7O Sheep-E"e'
and yearlings, $425q5.25, anus
$5.50m6.25; western yearlings Si.oOs
5.o5; western sheep, $4,000 i.'9i SUM
ers and feeders, $3W4.75. -.
ST. LOUIS-Cattle-NatlNe sup na.
ping and export steers, S9'oVyo,OSS,,
dressed beef and butcher steers, st1,
m5.95: steers under 1000 lbs, $5'Vo ve'
400; stockers and feeders. -
COWS and heifers, s275@5.0O; cannei !
s125@2; bulls, $204.50; calves 20 20 :
@S.25; Texas and Indian steers sa. :.
as; cows and heifers, SID e'. On
Hogs-Pigs and lights, $i,9oY',s ~,
packers, $4,9O@5.25; butchers a., an,
best heavy, s5.10@5.35. sheep-M os
tons, $2.75@4; lambs $4.5oR ,1..
culls and bucks, s2.5O@3.75' sEoeAei'
s12503. 7sd
CHICAGO Cattle-Steers' go, 80 =
Gao; COWS, s2.65@S.25; heifefs, s soS
as; bulls, s2.6o@4S5; calves, $3'VV y
$50; stockers and feeders v g ,n@
Hogs-Choice heavy shipplng. S', ~,
$50; light butchers, $500 5.Zo, n ,lss
mixed, s4.95@5,O5; packing Ts,oo - );
pigs, s425@490. Sheep-Lam'~ IA
@6.25; sheep, s2Q5; yearlings' " Z
5.25.