davidaulloa/AmericanStories huggingface dataset:
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-04-12
Civil Service Examinations.

The United States Civil Service
commission announces examinations
on the following dates:
Farm Superintendent. April IA
1907.
Scientific Assistant Department oi
Agriculture, April II and IS. 1907.
Teacher 0ndian Seryice), April II
and rs. 1907.
Veterinary Inspector bureau of
Animal Industry. Department of Ag'
riculture), April II, 1907.
Hindoo Interpreter Immigration
Service). April q. 1907.
Assistant Geologist Government
Survey, April "a and 25, 1907.
Geologist /, philippine service)
April "a, 1907.
Monptype Machlnist Government
Printing ONCE. April "a, 1907.
Apprentice Craftsman (Ordnance
Bureau War Department., April "a,
1907.
Testing Assistant Forest Service)
April "a. 1907.
Linotype Machinist Government
Printing Printing Ome), April 25,
1907.
Engineer, May /. 1907
Watchman, qualified in station
Immigration Service), May /, 1907.
Assistant Physicist bureau Of
Standards) May S, 1907.
Assistant Chemist tBuNfau Of
Standards). May s. 1907.
Laboratory Helper Department OF
Agriculture), May 9, 1907
Fpr application blanks, etc, ad-
dreS United States Civil Service
Commission, Washington, ID. c., or
G.. J. Slndlin. Local Secretary, Ard
more. |. r.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-04-12

hrdmore Camp No, 80, W. o. W.
VIII unvei Sow w II. Rogers monu.
IN, nj at Provence, |. T., April a.,
1907. at $3.50 p. m. All Woodmen arc
rec lested to meet at the hall at 1880
We expect to march from the hall 20
thn depot. Everybody Is invited 20
atiand the unyeiling. We expect
sore very prominent speakers in ba-
half Of Woodcraft that day. The camp
will leave on the 2:30 Choctaw. A.
members OF the Ladies' Circle are
cordially invited t0 attend.
N. T.. MARTIN. COM
1Oi T. J. JONES, Clerk.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-04-12
FIRE BOYS PETS.
TO Poll Parrots Have Been Added
to the Collection.

The h:r boys are all lovers Of an
IN ais and have "A number Of pots at
the headquarters H. the shape Of
Squirrels. Yesterday Chief q the
Department Slaughter, who is al
ways Looking out for the comfort and
a amusement Of his men purchased Il
nc pair of green parrots. Tho boys
az proud of their new pets and are
spending a good PORTION of their tim
In teaching the birds the art Of con
vC~sation.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-04-12

General store with building and lot,
also 3-room residence with hall barn,
cistcrn and 50 bearing peach trees, all
located at Elk. VIII sell for cash at a
bargain. Address. w. H. Bennett, Elk.
I. T. i-12-lm
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-04-12

We can suit every smokers taste
in cigars. Our brands are the best
that can be sold for their respective
prices. We pay to the limit and make
sure OF quality It's Gladstone" F..
j. Ramsey druggist. Z
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-04-12
HOUSE CLEANING TIME.

Ladies', house cleaning time is close
at hand. Get new pictures and make
the walls look new again. Come and
look our stock over before IL get
broken. We have some good bar.
gains.
3.24.tf BROWN G. BRlDGMAN.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-04-12

Nine years ago the First NJ. f.
church at Morning Sun, Iowa, was
painted with Bradley & Nrooman
Paint. Repainting was not required
till seven years later. sold by c. w.
Bigert. AS-o
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-04-12
Notice..

The Carter County Democratic Com
miteo will meet at the city hail AT
Ardmore on Saturday, April 18th.
All members are urgently requested
to be present
III II. s. SUGGS. Secretary.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-04-12
Candidates to Meet.

All county and precinct candidates
are called to meet In Ardmore at the
city hall at IL o'clock next Saturday
morning to transact important bus
mess. DIR. J. +. YOUNG,
And Others.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-04-12

Hurried meals, lack OF exercise are
the main causes of dyspepsia. 4
Rings Dyspepsia Tablet after each
mo al aids digestion, improves the ap-
petite. Sold by City Drug Store.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-04-12
Horse PhsturaQe.

have 100 acres OF good grazing
lard for horses alone, one-fourth
m 10 east OF cemetery.
ll.3. j. T. HARRISON.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-04-12

Kcnacdy's 1Native Cough Syrup
The pleasant cold remedy that ex'
pels the cold through its action on the
bowels. sold by Hoffman Drug Co.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-04-12

Improper action OF the kidneys
causes Oackache iumhaso, rhouma
tism. "Pideules' is a kidney remedy
that will relieve these diseases
Pleasant to take and guaranteed to
give satisfaction or money refunded
Relief In every dose. Sold by City
Drug Store.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-04-12
SUMNER WEATHER.

Makes Indispensable one OF our Quick
Meal Gasoline stoves and one OF our
Alaska refrigcrators in your home.
BlVENs, coRHN ? FRENsLGY.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-04-12

Advertise Ardmore by sending your
friends post card of some local view,
You can get them at
s.5 F.J. RAMSEY, the Druggist.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-04-12

II there was a law against going
home early at night, everybody wonld
be there.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-04-12

Everybody known that Spring Is
the season of the year when the sys.
TEN needs a cleansing. Dades Little
Liver pills are highly recommended.
Try them. Sold by City Drug Store.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-04-12

Subscribe for The Ardmoreite.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-04-12

wANTED-Men TO learn barber
trade. The i'nler Sy .,rin rs snort
and practical. Wages SATURDAYS.
Tools given. Busy season so1n.
Great demand for BARRIERS. Positions
waiting. Write at nncs fo- caia'
logue. Molcr Barber College, Kan-
sas City, Mo 70
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-04-12

WANTED-To sell 5000 old papers
You need them for wrapping. paper
ing ana TO put under your carpets.
The Ardmoreite.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-04-12

WANTED, STATE MANAGER-The
inventor and manufacturer of first
class staple article desires to Sc
cure a state manager for Oklahoma;
first class business ability and good
references required. Address, Box
SO, Ardmore, /. T. 102
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-04-12
WANTED.

WANTED-A cook. Permanent posi-
tion to the right party. White pre-
ferred. Apply to j. c. Freddy 9-tf
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-04-12

10 1
The Montgomery advertiser., 1907-03-23
DANIELS V. CARNEY.
Action for Damages for Death by Wrongful Act. (Decided Novem- hnr fs fanG A0 Ca Pen AE0

Action TOT DAmaBeS TOT Oedth Dy
 Wrongful Act. (Decided Novem-
 Der IS, 1906. 42 So. Rep. 452)
 1. Negligence: knowledge of peril.-- To charge a defendant with subsequent negligence. prior knowledge of the peril of the person injured must be shown to exist on the part of the de- fendant.
 g. Same: pleading; complaint: neg lirent management.--An averment fin a complaint that the small boat in which intestate was riding was plain iy visible to defendants servants. was not equivalent to an averment that they saw or should have seen the small boat, and was insufficient to charge de- fendant with subsequent negligence on account of prior knowledge in an ac- ton based on the theory that the ae- etdent occurred in overturning the small boat in which the defendant was by failure of defendants servants to exercise due care in the operation of a steam boat, after discovering intes- tate's peril
 3. Same-A count averring that the small boat was seen ny the servants of defendant in time to avoid the En- jury, was insufficient for failure to aver that the peril of intestate was obvious, or that 1t was known to de- fendant's servants.
 l. Master and servant; injuries tc third person; negligence of servants pleadings.-The suit being for a com mon law liability. and not under the statute, a count is insufficient which fails to allege that the servants who were operating the steam boat at the time of the alleged injury, were acting within the scope and line of their au- thority.
The Montgomery advertiser., 1907-03-23

,, seu eao Neh@hoeus Opiulon nE
 Haralson. simpson ana penson. U. concur.
 HOFFMAN. ct al vs. sEwELL, ct aI Bill to Cancel Decree. (Deeided No-
 vember 27th, lsos.--4s So. Rep.
 S56D
 l. Judgment: vacation; remedy One seeking to prevent the execution of decree because of matters out side of though related to the case in which the decree was rendered. should file petition in the pending cause for a restraining order, or a petition to sus- pend proceedings in the cause, upon se- curity given
 3. Same: cancellation of deeree; bill; sufiieiency.---A bill seeking to set aside a decree and dismiss a suit which alleges that while the suit was In the hands of the chancellor on submisaion for decree. compliments sold their inter est in the land in controversy Co q third person, and that a wrttten agree ment for dtsmiesal of the suit was filed with the register directing htm to dismiss tho same. ia demurEable and wanting in equity, as the register could not dismiss a cause pending be- fore the chancellor on submission for final decree, nor could the eonveyauce by party to the suit of their interest in the lands in controversy withdraw the cause from the ehaneellor's juris- diction, especially where the assignee or their interest had actual Knowledge ot the condition.
 Appeal from Elmore chaueery Court. Heard before Hon. W, ". Whlteside Reversed and Rendered oplnion by Mcclellan. J.
 Tyson. c. J., DowdelI and Anderson. JJ., concur.
The Montgomery advertiser., 1907-03-23

McGRATH. EFT AL V. STEIN. EFT AL. Bill for Dissolution of Partnership. and
 For Sale of Property for Division.
 (Decided November 32, 1906. 42
 So. Rep 4bt.)
 i. Equity; dismissal of bill: failure to have reference executed.-Where a complainant, at whose instance a ref erence is made. fails to have the order of reference executed within the time fixed for the hearing, 1t Is within the discretion of the chancellor to dismiss the bill. under Section TAI, Code of 1896.
 2. Evidence; books of account Where it appeared that decree direct cd that, for the purpose of an account ing. one of the defendants who was in charge of the property, should deliver to the register all the books and ac- counts belonging to the firm. which de- cree was affirmed on appeal. and there after such defendant delivered to the register a number of books, including a certain book of accounts which was made in part from entries in other books. but which appeared to he the book from which all the annual state ments of receipts and disbursements had been made, and when made, for warded to the respective owners of the property, who had accepted such an- nual statements for a long period of years: and 1t further appearing that the books were accessible to all other parties, and on two occasions complain ants agent had Inspected the particu- lar book in question and made no ob- jection thereto, it was error to exclude such book, on the reference, It should have been admitted and treated as prima facie correct.
 Reheariug denied December 20, 1908.
 Appeal from Mobile chaneery Court.
 Heard before Hon. Thomas H. Smith.
 Affirmed. Denson, J.
 Tyson. c. J., Haralson and simpson. JJ., concur.
The Montgomery advertiser., 1907-03-23
HAMBY ct al. V. FoLsAM ct al.

HAAIBY ct al V. FoLsAM ct al. Eiectmept.--( (Decided Nov, s2, Is06.--
 42 So. Rap 5aS).
 Tenancy in common; adverse posses sion; custer; evidence.--The giving of the affirmative charge for the plaintiff. and the exclusion of evidence offered by the defendant on the question of custer. was error. as the evidence was suflioient to submit to the jury the question of whether or not one of the tenants in common had busted the others and 50 obtain title by adverse possession.
The Montgomery advertiser., 1907-03-23
BREsLER V. BLOOM. Bill to Remove Administration ini

Chancery Court Decided June
 goth. 1906.--4t So. Rep. 1010).
 1. Equity; Jurisdiction; administra- ton of estate; transfer to eQuity.--- Without assigning any special reason for transferring an estate to the Chan cery Court, any person entitled to share in the distribution of an estate is entitled to have the administration removed from the Probate to the Chan cery Court.
 2. Same; rights of remaindermen.-- The fact that the remainderman aI- legged in his bill, for a removal of the estate from the Probate to the Chan cery Court, that the defendant. as ad- mtniefrator. had invested a part of the property hequeathed by the will in
The Montgomery advertiser., 1907-03-23

testified that he had paid in full the principal and interest of the note se- cured, must be referred to his previous statement, and does not show that the recording foe had been paid by the mortgagor, as provided in the mort gage. nor did it raise such conflict In evidence as to deny to the defendant the affirmative charge on the ground that plaintiff had not proved payment in bull.
 Appeal from Coffee Circuit Court.
 Heard before Hon. H. L. Martin. Spe- cial Judge.
 Affirmed. opinion by Weakley. c. J.
 Haralson. DowdeII and Denson. JJ.. concur.
The Montgomery advertiser., 1907-03-23
HARPER V. RAIsIN FERTILIZER Co.
 Bill to Foreclose Mortga ge.--< Decided

HARPER V. RAIsIN FERTILIZER Co Bill to Foreciose Mort8a ges--t Decided
 Nov. 22. 1906.--42 So. Rep. 5501.
 l. Appeal review; assignment of err TOT; sudieieney.--The assignment of errors was. The court below erred in rendering personal judgment against appellant of which he had no notice" The only insistence in brief of counsel was, Because he had no notice of the motion" Held; an insuf fcient insistence to require 6 decision.
 2. Same; decree on registers report; finding of register. decree overrul- Ing exceptions to a registers report will not be reversed, unless 1t clearly appears from the record that his ind- ings are erroneous. Assignments of error and exceptions as to such report must point out distinctly and clearly the matter alleged to be error. and proper reference made to the parts Of the evidence relied on to sustain 1t.
 3. Same; error waived In appellate court; failure to brief.--Assignments of error which are not discussed in brief of counsel will not be considered on appeal.
 Appeal from Coffee Chancery Court. Heard before Hon. W L. Parks. Affirmed. Opinion by Haralson, J. Tyson, c. J.. Simpson and Denson. JJ,, concur.
The Montgomery advertiser., 1907-03-23
PrPPrN V. TAPIA, EFT AL.

Bill by Creditor to Set Aside Convey
 ance by Fraud. (Decided Novem-
 Der Is. 1906. 42 So. Rep. 54S.)
 1. Fraudulent conveyance; consider ation.--The wife commenced divorce proceedings against the husband. and obtained injunction against his dispos- ing of his property. Afterwards she agreed to discontinue her suit for dt- vorce. sgd entered into contract with him whereby he agreed 10 cease drink ing and to properly support her, and she agreed to live with him. provided he executed to her a deed to certain property. to be placed in escrow. to be delivered to her upon his breaking the agreement. Held, such deed Is not vo1- untary, nor a fraud on creditors though the property conveyed was worth more than the aiimony she might have obtained.
 g. Same; knowledge of Erantee.--A conveyance, even If 1t be of substan- tiaiiy all of grantor's property. and made with fraudulent intent. if 1t be for valuable consideration. will not be set aside at the suit of creditor un- less 1t Is shown that the purchaser knew of and participated in the fraud ulent intent.
 Appeal from Greene Chancery Court
 Heard before Hon. Thomas H. Smith
 Affirmed. Opinion by Haralson, ].
 weakley. c. J., Dowdell and Denson. JJ., concus.
The Montgomery advertiser., 1907-03-23

997).
 l. Criminal law; appeal; instructions; exceptions in gross.-An exception to the whole of the courts oral charge, where the same consisted of several paragraphs, iss not sustained, unless the whole charge Is bad.
 2. same; instructions; duty to re- quest.-The fact that the court had failed to charge on all the offenses embraced in the indictment, cannot be take advantage of in the absence of requested specific instructions covering such matter.
 3. Same: charge; instructions.--Al- though charge in criminal case con sists of separate paragraphs, 1t must be construed as a whole.
 {. Homicide; instruction.---A charge asserting that intent to take the life of the person assaulted was an essen tial element Of the offense, and that unless. if the intent had been consum- mated, the offense would have been murder, there could be no conviction of felony; that where there Is an felony necessitates <the inquiry, If death had ensued, whether the offense would have been murder. and hence, If there was no intent to murder de- ceased, but defendant shot to defend himself against an assault endangering his life or which put him in danger of great bodily harm. defendant was not guilty, was bad in form, and mis- leading tn not stating the conditions authorizing the conclusion that the de- fendant acted in self defense.
 Appeal from LauderdaIe Circuit Court.
 Heard before Hon. Joseph H. Nathan
 Affirmed. Opinion by Haralson, J.
 Weakiey, c. J., Simpson and Denson, JJ.. concur.
The Montgomery advertiser., 1907-03-23

- ,,,.hout reservinR any control over It exprass or implied. with directlon~ tn deliver 1t to the grantee at ms oeAs'- this Is a valid delivery. ..,-sa srov,
 wills: nature; distinguished rom aaed. If there has been q valid oeliv ery' an instrument purporting on its face to be 6 deed, In the apsehce VI any proof from which contrary ihten tion could be inferred. Is a deed ana not q will. though there was evidence that the grantor said to the draftsman that he wished to make will.
 s. E1ectment; documentary evidence -The will devisinE the property to de- fendant not having been prooated ana proven, cannot operate to defeat piain- tiff's right to recover in eJectment' when plaintiffs title would otherwise prevail .
 Heard before Hon. A. A. Evans.
 Reversed and Remanded. opinion by Anderson. ],
 JJ.. concur.
 WILLIAMS ct al v. GAsToN ct al. Ejectment.- -(Deeided Nov. 2Tth. 1906. \ 42 So. Rep. 552).
 \ Abatement; another action pending; ajectment; unlawful detainer.-A plea sitting up the pendency of an unlawful dktainer suit between the same parties aud for the same land is not bar to ah action In ejectment brought by the sane plaintiff against the same defend- ant.
 Appeal from Marengo Circuit Court.
 Heard before Hon. A. H. Alston. Ieversa ad and renianded. Opinion by
 Tyson, C.. J.
 Dtwdell. Anderson and Mcclellan, JJ., concur.
 sMITHH ct al. V BANK or ENTER PRISE Actioi for Penalty for Failure to En- tet Satisfaction of Mortgage-(De- elaed Nov. 18th, i9oel--42 So. Rep 55O.
 1. M4rtgage: failure to enter satis- | faction penalty; payment.--The burden | is on ,he mortgageF to show that | the moitgage has been fully paid be- | fore he is entitled to the statutory | penalty Tor failure on demand. In writ | ing, to enter payment or satisfaction on the margin of the record The \ maxim "oe minimis non curat lex" does 1 not apply
 l 2. Same action for penalty; evidence; \ directing terdiet.-The statement Of a | witness that there was nothing due | upon said mortgage. but the same had | been paid as above stated, he ht4ving
The Montgomery advertiser., 1907-03-23
WARE vs. BURCH EFT AL Final settlement of administration. -- Decided November 24, looS. 4s

Final 6ettIemef2I or duhlhhA@tE6tioH'
 (Decided November 24, loos. 42
 So. Rep. 562,)
 i. Evidence: handwriting. opinion or non expert lone acquainted with the handwriting of person may give hls option as to whether a signature Is in the handwriting of such person, though A non-expert; but non-expert wit ness may not. like handwriting ex- perts. give his opinion as to the gen. uineness of the signature from com parison of such signature with the ad- mittedly genuine signature of the person.
 2. witnesses; competency; transac- ton with decedent; handwriting A person having a claim against dece- dents estate, based on an alleged writ ing of deeedent. is not competent to give his opinion that the signature IS that of decedent a sthis falls within the prohibition against testimony of transactions with the decedent.
 Appeal from Russell Probaa Court. (.
 Appeaif from Russell Probate Court.
 Affirmed. Opinion by Anderson, J.
 Tysons c. J., Simpson and Denson. JJ., cocur.f
 GRIsWoLD, ct al vs. GRISWoLD, ct al Fiectment. (Decided November 27th
 f906.--42 So. Rep. 5b4.)
 1. Deeds; delivery; deposit for deliv- cry on death of grantor--where a arantor delivers a deed to a third per
The Montgomery advertiser., 1907-03-23
FLETCHER, EFT AIA V. RILEY. Ejectment. Decided November ions 40 So Pen EAal

1906. 42 So. Rep. 54s.)
 1. Ejectment; directing verdict; suf- ficiency of evldence-The evidence ex- amined. and held too vague and uncer- tain to justify the giving of the afilr- native charge for plaintiff, who claimed by reason of prior possession.
 2. Same; possession authorizing re- covery.--where neither party has the legal title, in order to recover on a possession prior to that of defendant. the plaintiff must show a possession continuing up to the time defendant entered, or prior possession. and an animus revertendi.
 Appeal from Covington Circuit Court.
 Heard before Hon. H. A. Pearce.
 Reversed and remanded. Opinion by Simpson, J.
 Tyson. c. J., Haralson and Denson. JJ:. concur.
The Montgomery advertiser., 1907-03-23

other property and had taken the title thereto in his own name absolutely In disregard of his revisionary rights. will not deny him the relief sought. because the will devised and be- queathed the property to the adniinis- trator defendant for his life.
 3, Same; pleading. demurrer to bill. -- If the complainant was entitled to any relief under the bill. demurrer ad- sdressed to the bill as a whole. was properly overruled,
 Appeal from Lauderdafe Chancery Court.
 Heard before Hon. w H. simpson.
 Affirmed. Opinion by Denson. J
 weakley. c. J.. Haralson and Dow dell. JJ.. concur.