davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1907-05-01

BEAUvoIR CLUB V. THE STATE. Selling Liquor on Sunday-(Decided
 January 24. 1907. 42 So. Rep. 1o4o-)
 l.. Statutes; subject and title.--The act of February 2s. 1908. (Gen. Acts 1908, p, s4) entitled An act to prohibit { the sale of liquor on Sunday" is not vioiative of Section 45, because 1t in- cludes provisions providing penalty for keering open a bar room or other places for the sale of liquor on Sunday, the same being germain to the subject.
 2. Intoxicating liquors; offense; statutes; construction.-The act tot February 23. 1903. General Acts 1903, D. 6D prohibits a private social club from keeping open on Sunday It's club room for the sale of liquor, to its mem- bers.
 3. Constitutional law; manner of raising questionable club set up by way of defense that the only disposi- ton made by 1t of liquors on Sunday was to its members. and that the con- flrmation of its incorporation as such club (Acts 1ss6-7, p. 11s0T gave 1t the right to do so. The State interposed a demurrer to the plea averring that the said act was unconstitutional. Held. that though seemingly a general state- ment the demurrer presented the con- stftutionality of the statute.
 {. Statutes; special statutes.-So much of the act confirming the charter of the Beauvoir Club (Acts 1S96-7, D. 11e0) as enables 1t to provide for and dispose of intoxicating liquors to it's members without making the same a sale. is obnoxious to Section 2s of the Constitution of 1901 and void.
 5. Criminal law; sustaining demur4 Ter to special pleas; review.--Demur- rers sustained to special pleas. which. If good, present no matter not avail able under the plea of not guilty. which was interposed. and on which the case was tried, is harmless error and not reviewable.
 6. Same; general issue; special pleas.--The special plea alleging that the only disposition made by the club of Intoxicating liquors on Sunday was to its members and that 1t had a right 7 to do this, sets up matter available un- der the plea of not guilty, and the suf- ficiency thereof may be tested by ob- jections to evidence adduced in support of 1t.
 '. Witnesses; privilege of witnesses; who entitled to claim.-The privilege of witness not to give evidence incrim- mating himself is personal. and cannot be claimed by party to the suit not a witness
 s. Criminal law; appeal; party en- titled to allege error.--Where the wit ness claims the privilege not to in- criminate himself, and the court holds that the witness must answer the ques- tfon, and witness does so without fur ther protest such evidence Is not iiie- gal as to accused. notwithstanding ac- cused objected, and accused Is not en- titled to review the action of the court in requiring a witness to answer.
 Appeal from Montgomery City Court.
 Heard before Hon. W. H. Thomas.
 Affirmed. Opinion by Denson, J.
 Tyson. c. J., Haralson and Simpson, JJ., concur
The Montgomery advertiser., 1907-05-01

such discharge concluded with . state ment that defendants atttached and made . part of the answer the decree of discharge as . plea in bar. Held. such paragraph was not a plea in form incorporated in the answer entitling defendants to . decree on the issue joined on the plea, in the absence of setting down the plea to be tested as to it's suniciency before final sub mission of the cause
 3. Bankruptcy; pleading discharged; {; avoidancs.--A plea setttng up dis charge in bankruptcy as bar Is prop erIy met by an amendment alleging that the lien under the Judgment sought to be enforced was acquired moro than four months before the filing of the bankruptcy petition.
 .. Equity; pleading; pleas; sufff- ciency---while the rule is that when ciency in law is not tested, but issue is taken thereon. and the plea is sus- tained by the, evidence, the defendant is entitled to . decree, although the matter alleged in the plea is imnna- terial, yet, when the complainant takes issue on the plea. or matter in avoid ance is set up by amendment and such matter Is proven, the defendant will not be entitled to decree.
 q. S8me.--6oCtiOu WI, Souc losO, does not prevent the filing of matters in confession and avoidance to plea as an answer to . bill in chancery.
 B., Fraudulent conveyance; prima facie case; burden of proof.--Proof of the existence of complainant's debt be- fore and at the time of the alleged conveyance, that complainant recovered tudgment, and that execution had been returned mo property found" together with the insolvency of the debtor, es- tabiishes a prima facie case and places the burden of proof on the defendant to show that the conveyance was not fraudulent, but for consideration not less than the fair value of the property.
 6. Same; homestead.-The convey ance of the homestead by debtor is not subject to attack by his creditors, as such homestead is exempt from exe- cution.
 2. Same; constructive notice.-If the grantee in fraudulent conveyance has knowledge of facts sufficient to put him on Inquiry. which if followed out would have led to knowledge of the fraudulent intent, 1t was not material that he did not have actual knowledge of such intent.
 Appeal from Coffee Chancery Court.
 Heard before Hon. W. L. Parks.
 Affirmed. Opinion by Dowdell. J.
 Tyson, c. J., Anderson and McClel- Ian. JJ.. concur.
The Montgomery advertiser., 1907-05-01
MARBLE.

Curbovv- -Clapp Marble Co. Marble and Granite Monuments. 2oS-211 Dexter. Phone 146.
The Montgomery advertiser., 1907-05-01
and is not reviewable, unless abused.

and is not reviewable. unless abused.
 6. Intoxicating liquors; sale; evil dence.-Evidence that the clerk sold the liquor without showing that de- fendant authorized a sale, will not support a charge of the sale of the liquor by the defendant.
 :. Criminal law: judicial notice.- The court does not judcially know that "hop-ale or hop-jack" is a malt liquor.
 S. Intoxicating liquors; evidence; jury uuestion.-Whether hop-ale or hop jack is malt or intoxicating liquor. is one of fact for the jury to determine.
 g. Same; evidence; admissibility.- Where the defendant Is charged with the sale of spirituous, vinous or malt liquors, and 1t is sought to establish the charge that he sold hop-ale or hop jack. 1t is competent for the defen- dant to show by the manufacture of such beverage that 1t was not spirit uous, vinor or malt liquor.
 Appeal from Bessemer City Court
 Heard before Hon William Jackson
 Reversed and remanded. Opinion by Dowdell J.
 Tyson, c. J., Haralson and Simpson u, concur.
The Montgomery advertiser., 1907-05-01
BRUNsoN, EFT AL Vs. RosENHEIM
 AND ECsN

AND EIN.
 Bill to Set Aside Conveyance for AL
 leged Fraud.-(Decided Feb. 5,
 1907. 4s So. Rep. 31.)
 i. Equity; fraudulent conveyances; pleading answers; pleas-The answer set up as 6 defense to the bill that the debtor had been discharged in bank ruptcy, an dthe paragraph alleging
The Montgomery advertiser., 1907-05-01

ted states, and that she used to re- ceive letters from her, but that hE knowledge of the fact that decedent'l maiden name was the family name oi his mother and that decedent married was from documents received from Alabama, does not show declaration of his mother, that decedent was member of her family, and was mad TnissIble to show whether the decedent dying while living in Alabama. was 8 sister of the mother of the witness who died in Switzerland.
 Appeal from Mobile Circuit Court.
 Heard before Hon. Samuel B. Browne.
 Affirmed Opinion by simpson, J.
 Tyson, c. J., Haraisan and Denson JJ., concur.
The Montgomery advertiser., 1907-05-01
DANIEL vs. THE STATE.

 Selling Liquor Without Lcense,-(De-
 cided Feb. IS, 1907. 4S So. Rep
 22.)
 1. Criminal law; misnomer; jury question.-where a plea of misnomei Is interposed and the evidence on the plea is in conflict, It's decision is properly submitted to the jury.
 g. Intoxicating liquors; indictment requisite.--An indictment charging that the defendant sold spirituous, Vinous or malt liquors without license and contrary to law, is in code form ant unobjectionable.
 8. Same: sale or gift.-An indict- ment charging that defendant gave away or otherwise disposed of spirit uous. vinous or malt liquors withou license and contrary to law, charges nc offense.
 4. Indictment; demurrer.-The prop CT made of reaching a defect in ar indictment Is by demurrer and not bS motion ta quash.
 5. Same; discretion of court-Mo' tion to quash an indictment for de fects in the charging portion is ad dressed to the discretion of the court
The Montgomery advertiser., 1907-05-01
BABcocK vs. REEVES. EFT AL.

BABCoCK vs. REEVES. EFT AL Suit on Injunction Bond.-(Decided
 Feb. 5, 1907. 43 So. Rep. 21.)
 l. Injunctions action on bond; par ties plaintif.-The injunction bond providing payment of all such damages and costs which any person may sus- tain, an action thereon may be properly brought by all the oblIgees therein for the use of one as the party who has been damaged by the injunction suit.
 ?. Same; complaint; allegations of the complaint on an Injunction bond '. that the bill had been dismissed and
The Montgomery advertiser., 1907-05-01
ALLEN v. THE STATE. Murder.-(Decided January A, 1907. 42 Eo Ken 10HRl

W Murder.-(Decided January A, 1907. 42
 So. Rep. 10e6)
 1. Criminal law; instructions; appli- cation to issues.---Where defendants plea of former acquittal of murder in the first degree was sustained, instruc- tions presenting for consideration this degree of homicide are properly re- fused.
 g. Homicide; instructions: malice.- A charge asserting that while deIib- crate killing with c deadly weapon Is presumed to be malicious, but if tho facts and circumstances attending the killing are in evidence. the presump- tion must be drawn from the whole ev- ftience and not from the nature of the weapon only, is properly refused. where the States evidence showed an inten- tional and deliberate killing with a deadly weapon without justification. and the only evidence tending to show Justification being offer ed by the de- fendant. the charge falling to hypothe- size the worthiness of belief of such evidence, and invading the province of the jury.
 8. Criminal law; argumentative in- structions.-A charge asserting that the
The Montgomery advertiser., 1907-05-01
GILLESPIE vs. CAMPBELL. Assumpsit--(D Decided Feb 7 1907.

50. Rep. z6.D
 1. Administrator; action against: complaint.--The complaint claimed for an account stated against the admin istrator of a certain date; by account stated between plaintiff and decedent on the same date; for work and labor done for decedent, and averred that said clafrn was verified by affidavit and filed in the ofice of the judge of probate within twelve months of the grant of letters of administration, and - that all the counts in the complaint are for one and the same cause of action Held, sufficient as against the objection that it fails to state for what the indebtedness was incurred, that 1t is indefinite as to whether the work was done for the administrator or for the decedent, and that it falls to show that the claim was filed in the probate court within twelve months of the grant of letters of administration.
 3. Same; claim against decedent; verification; amendments.-The omis- sion in the verification of the claim that the sum demanded Is the sum due after allowing all proper credits" is an amendable defect under Section 133. Code 1896.
 8. Evidence: best evidence; record of court--The docket entries made by the probate court is the best evidence of the filing and docketing of the claim against the estate of the decedent,
 4 Administrators: claims against the estate; evidence; proof of similar transactions.-In an action against the administrator for work and labor done for decedent during his last illness. 1t was irrelevant to show what the ad- ministrator paid others for waiting on decedent during his last illness.
 Appeal from Jefferson Circuit Court.
 Heard before Hon. A. A. Coleman.
 Reversed and remanded. Opinion by Dowdell, J.
 Tyson, c. J., Anderson and McClel- Ian, JJ, concur.
The Montgomery advertiser., 1907-05-01

HOWARD, EFT AL vs. RUTHERFORD. Final settlement of Jed
 Feb s. 1907. 43 So. Rep. so.;
 1. Administrators: account; form The statement of an administrators account should not embrace charges against the distributes on their distri- butive shares Such account should state the debits and credits, regardless of the distributes shares, and after the ascertainment of the distributive share of each, the advancement made them should be charged against the distributive share of each.
 g. Same.--Although the account was irregular in form. if the distributes of the estate have received all they are entitled to under final distribu- tive decree they are not prejudiced by such irregularities.
 B. Same; statment of account.--The court in stating the account made an- nual stops, crediting the eNadministrator with the current expenses of admtnis- tration, and charging him with inter est at eight per cent per annun until the settlement, and in the calculation, deducted from the share of each dis tributee the advancements made to each during the particular year and charging the administrator with inter est on the balance from the annual stops so made. Held, not preJudicial to the distributes.
 f. Same; credits; taxes.-An admin istrator is properly credited with State and county taxes assessed against the estate and paid by the administrator.
 5. Same; distribution; charges; board of distributees.-Under Sections 227 and 2ss, code of 1896, the charges for board against the distributes were properly allowed the administrator on final settlement and distribution, against their distributive shares.
 6. Same; costs: attorneys fees; guardian ad litem. And administrator Is properly allowed attorneys fees, a settlement of his account
 Appeal from Fillmore Probate Court.
 Heard before Hon. H. J. Lancaster.
 Affirmed. Opinion by Dowdell, J.
 Tyson, c. J.. Anderson and McClel- Ian, u ., concur.
The Montgomery advertiser., 1907-05-01
JONES vs. THE STATE.

False Pretenses.-(Decided Feb. 5, 1907.
 43 So. Rep. 28.)
 Criminal law; misdemeanor; jury de- manded; necessity for indictment Where the prosecution is begun upon affidavit and warrant before @ justice of the peace. and the defendant de- mands a trial by jury, the defendant cannot be tried except upon indictment returned by the grand jury.
 Appeal from Walker. Law and Equity Court.
 Heard before Hon. T. L. Sowell.
 Reversed and rendered. Opinion by Anderson, J.
 Tyson, c, J" powden and Mcclellan. JJ., concur.
The Montgomery advertiser., 1907-05-01
scHEIDEGGER,sET AL vs. TERRELL Decided Dec 20. 1906

EjectmentC(Decided Dec, 20. 1906.
 43 So. Rep. 26.)
 1. Evidence; proof of pedigree: de- clarations; admiesibility.-To render competent the declarations of person with respect to the pedigree of another person, 1t is necessary to show that inc declarant was a member of the family to which it is sought 10 attach the third person.
 2. Same-Where Is is shown that the person testifying lived in Switzer- land, and that his mother died there. his testimony stating that his mother stated that her sister lived in the Uni
The Montgomery advertiser., 1907-05-01

 Abusive, Insulting or Obscene Lan-
 guage.-(Decided February ', ls07
 42 So. Rep. I015.)
 l. Criminal law; trial; order of proof.-It is within the discretion of the trial court to permit the State to examine a witness on the main case af- ter the defense had closed It's case, and not reviewable.
 2. Same; misconduct of counsei ar- gument to Jury.--Where the defend- ants counsel In argument to the jury said to them that they might consider the fact that the woman was accus- toned to use such language. herself and that she boarded women of noto- riousiy bad character for two or three weeks. 1t was not error to permit the Solicitor to argue and state to the jury that if the woman was the vile,> bad woman, which the defendant says she is, why then did they not bring wit 1. nesses here to prove it. If she was a bad character, don't you know that they would have brought witnesses here to prove it?
 Appeal from Gadsden City Court.
 Heard before Hon. J. H. Disque.
 Affirmed Opinion by Anderson, J.
 Tyson, c. J., and Dowdell and McCiel- Ian, JJ.. concur. -s--,
Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1907-08-05
g q 60 HEALS
10 ess, o 50 OLD SORES

1 cut for inpusts1 60
rllsH. Al e." vital lcd rrnaao -
l..,: will heal The epplice1p
the scab
OUT thus
and slowly affecting the entire health a che
which IKE blood coaamnasI
li Of breeds
the e.n meul the refuse and Aalf1
inf WI with morbid matter AMI germs which :oo.es later
iuhcsed blood eatae
he afflicted with and ulcers The faint ny u
the BEGIN to weaker the tissues !. 500 vs.k
break formed kept Go
drainage Of nnure matter from blood sovs1 c.
by eating DEEPER into the assA
SLOWLY undermining the constitution hsal0
going bottom Of the trouble driviss -
circulation. When = g.
the the blood becomes rich and healthy the sore hsia -
cured. Do mot depend q sx4e
applications which do mt reach the blood hit begin ths -
'cn the heal Book On Sncto 1nd
';~ '~ 'v"e ruE SWIFT SPEcTRSc CO. AJvAN14 rl1f
Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1907-08-05
MAsovERAogp As MAN.
Woman Worked with Husband so
Thrss veaPs In Q Mine.

Woman Worked With husssno soe
Three vears In Mine.
WASHINGTON. Pa. Aug. MAS
ouerading as q man and working side
bv side with her husband In various
washington county coal mines Zoe"
poyle was discovered to be Mrs
su.ie Poyle WHEN che was taken TO
q hospital suffering from injuries ."s'
tanned in q mine accident at Cecil.
the woman. according to her hus'
hand. Steve Poyle. had been workins
vita him three years. Her coarse
voice and ci,se cropped hair dece'v'
I'd all "a to her sex. while her strength
eoualed that OF ner male S!av com
nsnious. The woman's injuries were
discovered TO be not serious ana ner
husband vas lodged In the county jan
here charged with violating the u"
In en- pIoyinx female held in . mine
The woman acted a. Poyle's help
ar and vas paid by Poy'e.
Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1907-08-05

And lose al interest when ne'p u
vithh rsach. HsrbiDs viii mar W.
M. ,s,1orm IN duties properly. .
a v..sAa. uha. Aia- writes: D..As
....t spRsrss froa coestipafsoe
!. A,sordersl nvsr. I have s'sse
u.rsl,e 70 - ~ bsse .se'e@s: ~.
~. .. s,o.b,sa q ~ narhst ! have
- y .o.se1.eiy. bs.svs 4 70 % .
II. ~ nsd1slDs q y ss..
- @ su0psn - sss ~ -.
. -
Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1907-08-05

Shackieford hung around Oeah ,or
several weeks. II now seems that he
was In communication with Niss Csld.
well. Her friends. Of eovr,e. sun.
posed that on Andins him out she
had let him drop. but they we're ssAly
mistaken. He finally vent to Jack.
sonville to work on The Times Union.
but at least once since then he has
returned to Try and obtain IN inter.
view with Miss Caldwell
Two weeks ago last Sunday. When
Shacklsford vas supposed to Be h
Jacksonville. be mst Niss CaIAvell
and another young AAy at Silver
0prinss. A brother a Miss Caldwell
was also With the girls when Shackle.
ford met them.
Life fair With promise Was opeaing
before this young girl. AM Why she
blasted her future for he sake Of such
. contemplate spscinea oi humanity
IL one q the thiass past 1.ding ost.
She deserves pity rather than blame,
but the only excuse for 0Asctletord
10 the tact that to those Who know him
best his mind has seemed - unsound
AZ his conscience.
As soon Is Information vas y.
ceived here Of hts Whereabouts Judge
Bell isssed . warrant Tor his arrest
sworn out by the girls foster father
and Sheriff Gordon forwarded the var
rant to the sheriff in jacksonville. teIe
graphing him TO arrest 6hackleford
ut once and hold him pending the A.
rival OF the warrant and IN ofhces
/: er.
The penalty in Florida for this kind
of an olIense-it IL really several Of
lenses. rs the man 10 married-is very
severe. and this fAstidious villain vtl
get Q plenty before the courts Of thil
State are through With him. and hii
fascinating youth b likely to vanish
before he 10 again turned loose on thu
much abused pubhc.
Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1907-08-05
DRANK wnISkey;
D|EO FROM EFFECTS
Y 'tl",ly Ending Of two Ex;en.
SOL -Aoorers on F. l.. /. Ry.
LIQUOR soUohTFRoM Rum BOAT
Men VINO sod the Liquor BEING
Hs'd !" Custody a Key West.
ossth Pronounced to Rave Seen
Caused BY Acute Alcoholism.


Miami Metropolis. July 3O)
The remains OF Thomas Wilson and
Francis Reil!ey extension labOrers,
u" In the undertaking rooms Of II.
H. King, this city. while four men.
names unknown. are held as prison.
ers tn Key West. awaiting a determi.
nation Of the cause Of their death.
According to Information obtaina BILE
the four prisoners. who operate u
boat plying about the different ex.
tension CAMPS selling liquor to the
voskmen. stopped ut Long Key yes.
terday. disposing OF . part Of their
stock In trade to Wilson. Kelley and
Others. The men drank freely. but
not excessively. Of the liquor. and a
short time afterwards Wilson and
Reilley became unconscious, both dy.
ing about four hours after they had
nrst drunk OF the liquoc
Death vas easy. the men expiring
~ II going to sleep. Another man
named Kelly. Who also drank freely
OF the liquor. showed effects from
The same and at midnight list night
vas acting In . demented cdoditio0.
Believing that the liquor had
caused the death Of the two men. the
eaSineers IN charge at Long Key ar.
rested the four men operating the
boat from which It had been bought,
and sent them to Key West. where
they viii be held until the exact
cause Of death has been determined.
At the same time the tug Sybtl
vas made ready aud left at midnight
last night for Miami. bringing the
bodies Of Wi,s0a and Kelley. The
tug arrived here at 10 o'clock this
morning. the corpses being removed
ut once TO the undertaking establish
ment Of n. II. King. where post
mortsm examinattoa will be made
By Drs. jackson and Skaggs.
Both OF deceased were from New
| - o1IU uO0 OCCta h1 sssO SsSsps~S -
the railroad company at Long key
for some time. The authorities will
give the cause Of their death . thor
oush probing. and II death was due
to poison a. druGsed liquor the foa'
prisoners will be prosecuted to tn
J full extent OF the lAw.
At the conclusion Of the post NOR
tenn examination the physicians an
nouuced death due 10 acute alcohol
ism. and 20 gave certificates. Thi'
does not relieve tho possibility thai
the liquor the men drank contained
wood alcohol or other poisonous sub
stances. and . further investigation
will be made BY analysing the hquo'
II samples can be obtained.
The disposition OF the bodies h.i
not yet been determined. though u
II probable they viii be inferred here
Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1907-08-05

In mayors court YESTERDAY T. :"
Edwards was fined 81 and cost Io'
Keeping hogs within the city limits
,uc,u. walker vas up for disorder
IT, conduct and lighting. and "a'
,,und guilty and assessed the sum
OF 81 and cost. ..
In. scsrboro. for fighting. Wal
fined IS and cost. 49,, l..
The mayors court mas -
sessiou nearly every day this week
w.-.h., Arrow will have . good re
49,. ~ make Monday night.