davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1907-09-29
Head Notes ofthe Decisions
 Of fhe Alabama Supreme Court
mIfE7Mm MlHMIRIEs sHElIHlH HIHIERlR fnhIA

2. Same; action; pleading.--It is not necessary for the complainant to aver that the ditch was negligently con structed. in an action for damages for flooding lands caused by the construc- tion of ditch opening Into creek, and through which, in time of high water, water from the creek flowed and overflowed the lands: nor is such complaint objectionable because It ayers that the damage occurs during high water, because the defendant is liable for ordinary floods. and if un- precedented, this Is a defense which need not be negatived by the com plaint.
 Appeal from Lawrence Circuit Court.
 Heard before Hon. A. H. Aston.
 Reversed and remanded. Opinion
 Tyson. c. J.. and Simpson and Dem son, JJ., concur.
 LOUISVILLE AND NASHVILLE RAIL-
 ROAD COMPANY vs. DOBSON
 Damages for Injury to Employe.-(De-
 cided February l4, 1907. 4s So.
 Rep. 13S.)
 l. Appeal; bill Of exceptions; time of signing; record.--The court adjourned May 24, and an order granting sixty days from that date for signing bill of exceptions was entered. A further order, undated, extended the time thir- ty days from July 22, was entered. The bill of exceptions was signed after the ! expiration of the time originally fixed. Held that the record did not show that the time was extended before the expiration of the time first granted, and the bill of exceptions could not be considered.
 g. Master and servant; injury to servant; complaint; sufficiency-A com plaint, one count of which alleged that while in the employment of the defen- dant, and in the active discharge sof his duties. plaintiff was injured (set- ting out his injuries). that they were | caused proximately by the negligence of a certain flagman in defendants service, who had charge of the signal 1 for notifying those in charge of l trains following defendants train. and I it's presence on it's main line, and that 1 such flagman negligently failed to set out such signal, etc: and another count ayerrtng said injuries to have been proximately caused by the negligence l of A certain per son in defendants em- l plov in falling to have signals placed | in the rear of said first mentioned tram I when the same was stationary anu
 when another train was approaching | such stationary train, or station where 1 said train was. Is not demurrable for 2 1 faiIure to show any casual connection | between the injuries and the negh- 1 rence complained of.
 Appeal. from Clifton Circuit Court i Hoard before Hon. s. l.. Brewer. Affirmed. Opinion by Simpson, J.
 Tyson, c. J.. and Dowdell ana Den i son, JJ., concur.
The Montgomery advertiser., 1907-09-29

CT for re-sentence, cannot be Invoked where the indictment charges a misde- meanor and sentence has been im- posed as for q felony: in such ease the cause will be reversed and remand cd for re-triai.
 4. Assault: Evidence: Adnissibility. for assault that witness examined the house where the shooting took place. saw signs of shots made by bullets, and found cartridges which had been ex- ploded on the side of the path leading from the house of defendant to the house of the person shot at.
 s. Criminal Law; Requests for ln- structions; Constructions. .--The bill or exceptions in this case recites that the court refused written charges asked by defendant and marked on the same 're- fused" the charges are then set out and the recital concludes ~to the re- fnsal of the giving of these charges the defendant excepted" Held. A request in bulk and not error unless all the charges were good.
 6. Same; Instructions; Disregar din z Evidence An instruction asserting that if the jury had reasonable doubt growing out of any portion of the evi- dence as to the guilt of the accused they should acquit pretermits a con- sideration of all the evidence and ts properly refused. ~
 Appeal from Geneva Circuit Court.
 Heard before Hon. H. A. Pearce.
 Reversed and remanded. Opinion by Anderson. J. Haralson. Dowdell. Dem son and Mcclellan. JJ.. concur.
The Montgomery advertiser., 1907-09-29
ANDREWS V. THE sTATE.

So. Rep. ta6.ls
 Il Assaults Indictmeuti snfflelency' An indictment charging tnat oelsna- salaa ont unlawfuIlv and with malice afore- tbougbt assaulted another charges only a sirnple assault and does not charge the felony. raa~a I, a,,iew In passing on the validity or a sentence on conviction of crime snls @ court will look to the~indictment ais- closed by the record and not the one set out in the bill of exceptions. a .o,,.al tsffect .1-The ordinary rule that ',,hsre fhe sentence imposes is merely ,.raa,,far. and there is no other error tbe cause will be reversed and remand
The Montgomery advertiser., 1907-09-29
MERCHANTS LAcLEDE NAT. BANK
 V. TROY GROCERY co.

Assumpsit-CDecided March End, 1901.
 43 So. Rep. 20s).
 1. Appearances; general appearances; waiver of process; jurisdiction--Whe the suit was begun by attachment, and after attachment dissolved. the defend- ant pleaded to the merits of the cause, the court acquired jurisdiction of the parties under Section 562. Code 1896, notwithstanding the provision of Sec ton 5242 Rev. Statutes United States.
 Appeal from Pike Circuit Court.
 Heard before Hon. H A. Pearce.
 Affirmed. Optrlon by Anderson,
 Tyson, C,aJ., and Dowdell and Mo C1elland, JJ., concur.
The Montgomery advertiser., 1907-09-29
Rx PARTE WALKER. FIT AL Mandamus- Decided February 14

. 1907. 43 So. Rep. f3o.1
 Mandamus; subject of relief; proceed ,,,-s of court: record.--As each court roi,st of necessity, make up its own records and certify to them, the su- preme Court will not compel the cir Scuit court to take and treat as a bill of exceptions a paper which had been stricKen from it's records by the pro bate court prior to the, appeal ttoF the circuit court. original petition in Supreme Court.
 Mandamus denied Opinion by Slmp- son, J. ,1. son, JJ., concur.
The Montgomery advertiser., 1907-09-29

fendant, and was given a transfer so negligently torn off that 1t could not be used, and by reason thereof could not be used. and by reason thereof plaintiff was elected from said other car. Held. properly allowed,
 8. Carriers; ejectfon of passenger; complaint; sufFiciency.-The complaint was not demurrable, although plain tiff was not entitled to recover for a wrongful election. as he had right of action for a breach of the contract to carry, or for defendants negligence in not issuing proper transfer.
 l. Same. e.ection of remedies.-The fact that plaintiff might have sued for a breach of the contract of carriage. did not preclude him from suing in case for negligence.
 5. Same: designation of servant.--A complaint alleging that owing to the negligence of the conductor in Issuing the transfer, plaintiff, passenger, upon rendering such transfer to conouctor on another of defendants cars, was elected therefrom by the conductor thereof, sufficiently designates the ser want or conductor, without naming him.
 s. Evidence; res geate.--One of the defendants witnesses having testified that the transfers were cut by me chanicai appliance. which always cuts straight edge. 1t was competent to introduce in evidence transfer issued simultaneously with that Issued tc plaintiff, as part of the res gestae te show how the transfer would have ap' peared if properly cut and to aid 1T determining how 1t was torn; 1t ap, bearing that such transfer was issuec to a companion of plaintiff at the time plaintiffs was Issued.
 Appeal from Montgomery City Court Heard before Hon. A. p. Sayre. Affirned Opinion by Simpson, J. | Tyson. c. j.. and Haralson and Den | son., JJ., concur.
The Montgomery advertiser., 1907-09-29

HARROW V. wooLEY & JORDAN. Troyer and Trespass.-(Decided Fep.
 14th, 1907.-43 So. Rep. 14D. i, 1. Agriculture; liens; contract oi
The Montgomery advertiser., 1907-09-29

Ilcuity mat started Tn the house, tneuf they could not find defendant guilty ter. pretermitting all inquiry as to who brought on the difficulty that led to the killing. was erroneous and its refusal proper.
 5. Criminal law: trial instructions; province of court and jury--It Is not error to refuse to instruct the Jury that they could consistently reconcile the statements of certain witnesses. as to confessions made by defendant to them that he cut deceased, with his inno- cense. as It Is invasive of the province of the jury.
 Appeal from Clarke circuit court.
 Heard before Hon. S. H. Sprott.
 Affirmed. opinion by Haralson. J.
 Tyson. c. J.. and simpson and Denson u, concur.
 MURPHY V. ST. LOUIS COFFIN co. Assumpsit--( March 2nd, 1so7--
 A3 So. Rep. 213.)
 l. Courts. procedure in particular courts bill of exceptions: extension of time for signing. together Sections l. and 15 of the Act estab- (Acts ls9e-7. p. s24D. 1t Is held that the trial court may, within thirty days after the trial, extend the time for signing tho bill of exceptions for such period as fin it's discreption 1t sees it. although such extension extends Into another term. The authority to grant or to agree to such extension of time ls not limited to ane extension, and where the court granted an exten- sion within the time, and subsequent extensions were agreed on by counsel. each within the time limit of the last extension, a bill of exceptions signed within the time limit was signed in time.
 g.. Evidence: documentary evidence: verified account; adrnissibility-The account consisted of seven separate sheets of paper. not fastened through. but held together merely by the pres sure of the wire device slipped over the top, and on the last sheet of which was the affidavit verifying the same. Held: That the several separate sheets constituted one account. and was duly verified and admissible as such.
 B. Pleading; reception of additional l pleas; discretion of court--After de- fendant has pleaded and the time for pleading as prescribed by the court rules is passed 1t is within the discre- 1 tion of the trial court to permit or re- fuse to permit additional pleas to be l filed pending the progress of the trial 4. Principal and agent; authority as 1 to third person; evidence-It was per-
 
 ference that the salesman had author l lty to make the transaction on which 1 the receipt was based, that defendant 1 had paid certain money to the sales I tnan for which the salesman stated l that he had given receipt on plain 1 tfffss general account; where 1t was shown that the said salesman was In plaintiffs employ. had sold most of | the goods in the account sued on and | that during the running of that ao- 1 count defendant had frequently paid | inc salesman money thereon for which plaintiff had allowed defendant credit i on the account.
 Appeal from Anniston City Court. Heard before Hon. T. W. Coleman, Jr.
 Reversed and remanded- opinion py 1 Haralson, J. Tyson, c. J., and Anderson and Mc- l cleIlan. JJ.. concur.
 | Dowdell, Simpson and Denson' JJ.' l dissent.
The Montgomery advertiser., 1907-09-29
SCOTT ys. THE STATE.
SCOTT Vs. If1B hIL. Selling Liquor Without Lieense.- (Decided March 2. isS7. a So.

Selling Liquor without License.-I
 (Decided March 2. isc7. a So.
 Rep. 1S1. )
 1. Intoxicating liquors; indictment; sufficiency.--The allegation in an in dictment for selling liquors without license that defendant sold them "out- side of Camden precinct did not rem der the same demurrable as averring an exception or proviso not contained in the enacting clause of the statutes (Acts 1Ss2-s3, D. 234. and Acts 1900-01. D. 1Os2) as the words might have been used to negative the idea that the sale was made through the dispensary; but whatever the purpose, the only effect of the words Is to .circumscribe the venue.
 2. Same--while the averment in the indictment that the defendant, who. at the time was in no wise connected with or acting for any lawful dispen- sary in Wilcox county. did" etc, was unnecessary, it did not render the fn- dictment objectionable as setting up negatively an exception or proviso not contained in the enacting clause of the statute.
 3. Criminal law; evidence; admissi- bility--where the State had elected to prosecute for sale to one M, and the defendant sought to show that he was not the person making the sale, 1t was competent to show by other wit nesses other sales made by the defen- dant at the same place and time to other persons, as tending to establish identity of defendant. @
 4. Criminal law; instructions; form of.--A charge requiring an acquittal if the jury believe the evidence was bad in form and properly refused.
 5 Same; sentence.-A sentence to 1 hard labor to pay costs, which Tails to determine the number or days ne- cassarv to pay the safe. as required hv section 4532, Code 1896. Is defec- 1 tive.
 Appeal from wilcox Circuit Court. Heard before Hon. B. M. Miller. ' Reversed and remanded, Opinion by | Denson. J. l Haralson, DowdfHs Anderson and | Mcclellan, JJ., concur:
The Montgomery advertiser., 1907-09-29
MoNTGoMERY TRACTION COMPANY
 vs. FITZPATRICK. for Election of Passenger from

Vs. FITZPAIHICh. Damages for Election of Passenger from
 car.L(Decided February IA. 1s07
 43 So. Rep. 136.
 1. Pleading; amendment.-Under the statutes an amendment which does not work an entire change of parties, or introduce a new cause of action. is al- lowable.
 2. Pletding; amendment; declara- tion; carrier; election of passenger.- The complaint originally alleged that defendant was wrongfully elected from defendantfs car, and the amendment al- lowed was a count, alleging that while q messenger on defendant,s ears plain tin applied to defendant'H conductor for a transfer to another line of cars of de-
The Cairo bulletin., 1907-07-06
THREE ARE INJURED
When |. c. Train No. "a Ran Into Two
Box Cars Above the Cairo
Bridge.

Illinois Central Train No. q. whict
leaves the Cent raj Union Station at :
a. m, drawn by locomotive No. iss
ran into two freight cars. loaded with
lumber, above the Cairo Bridge just
north of the curve. 80
The front end Of the locomotive WIS
demolished and the first two cars were
damaged. Three passengers. Mrs. c.
8 Stokes and son and l.. D. Reed. all
+ this city. we're thrown from their
seats and received painful but not seri-
ous injuries. Fireman Threlkeld
jumped from the cab and received
slighi injuries.
H. r. Cunningham and Conductor
lunker were in charge.
The switch engine foreman thought
that ten cars were on q siding but un-I
luckily two were left on the main
I ack into which the train ran.
The train was taken to Mounds by
the suburban. No. PIG and from there
o Centralia by locomotive No. SIS.
The Cairo bulletin., 1907-07-06

phone: The body was found by s
w Tyler Of Charleston. II was tina,
Of middle aged man. very neatly
dressed. weighing about 120 pounds.
The hair was red. Decomposition
had set in to such an extent that
Identification was impossible. A
half empty bottle Of carbolic acid was
found on the banks of the lake and
there were burns on the arm and
chest which seemed 10 have been
made by some of the fluid dropping
there when he drank it, The man
came TO Birds Point several days ago
and wandered about seeking employ
menL He seemed to be despondeni
at not being able 10 procure IT, A
cane which he carried when he came
has been found at Birds Point No
one knows whence he came. but some
believe that be cane across the river
from Cairo. A large party Of pleasure.
seekers were on the lake when the
body was found. the locality being
near the clnb house of the Brewer-s
Lake Fishing club. u Charleston.
The Cairo bulletin., 1907-07-06
REMARKABLE TRIP
BY Mrs. J. A. NaugIe From Mexico
City to Reach Her Dying
Fathers Bedside.

Mrs. J. A. Naugle arrived In Cairo
yes erday morning at 4 O'Clock after a
remarkable trip from Mexico City
which place she left Monday at 3 a.
m. She received the message Of her
brother, Phil c. Barclay announcing
the dangerous illness of her father
lust in time to catch the fast train
finch runs out of Mexico City only
|pnte week else she would not have
'heen here for some days yet. Had all
gene well she would have been here
in 40 hours from the lime she started.
ana would have caught the Iron Noun
tain train at Poplar Bluff. Mo-, which
reached here Thursday evening. AS
it was. special train was procured
for her through the efforts of Agent
Elmer Smith: and she reached Birds
Point at 2:S0 yesterday morning and
was brought over from there on the
tug Theseus, arriving in Cairo at
o clock
Last evening p. w. Barclay. father
of Mrs. Naugle. was resting easy. but
was veiv weak. and no hope was en-
teriained that he would recover.
The Cairo bulletin., 1907-07-06
SUICIDE BY CARBOLIC ACID
Is FOUND IN BREWERS LAKE
Seen at Birds Point Despondent Because Out of
Work-Can Not be Identifed-Acid
Burns on Body

Report came yesterday from Pird,
Point that the body of man was
found in Brewers Lake. a shor, dis
lance from Birds Point and much
mystery is connected with IT, There
was nothing to indicate Identity and
what makes the mystery deeper Is
that Il was undoubtedly a case of sui.
eide. as the autopsy developed the
Tact that he had taken carbolic acid
IN sufficient quantity to kill him be-
fore falling or jumping into the lake.
Inc jury's verdict was that he had
con miited suicide boy drinking the
acid and falling into the water.
The body was that Of man of IS
years medium height. Of stock build
light complexion He wore dark
rf sers and shirt. light underwear. A
piece Of carpenters pencil and thir-
teen collar buttons we're found in the
pockets. There were no marks OF
violence and tle man showed no signs
OF dissipation. The body was buried
near where il was found.
Confirmation From Charleston.
he Bulletins Charleston CORE.
SDondent gave the following addition
a. Information By long-distance teIe
The Cairo bulletin., 1907-07-06
Yesterday,s River Forecasts.

The Ohio at Evansville and TN. Yer
non. not much change during The next
Sc hours. At Paducah and Cairo.
will continue falling during the next
several days.
The Tennessee at Florence, will
probably fail slowly during the next
sc horrs. At Johns nville not much
change during the next SO hours.
The Mississippi from below ST
Louis 10 Cairo and the Wabash at
Mt Carmel. will continue falling dur
ing the next &c % is hours
n. VI. CUNNINGHAM.
Observer
The Cairo bulletin., 1907-07-06
GOOD OPPORTUNITY FOR INVEST
MENTS.

BASEMENT AND TWO STORY
MODERN DWELLING, SEVEN
ROOMS AND BATH. TWO LOTS,
NO. 3so5 WASHINGTON AVENUE,
MUST BE SOLD AT ONCE.
cHAs. r. STUART & SON.
INSURANCE. REAL ESTATE AND
FISCAL AGENTS.
The Cairo bulletin., 1907-07-06
LAND OPENING DELAYED.

-------f- --. July 5.-This was iha
Z .-~ o. ginally set by the interior de
par neat for the opening Of the Belle
For che irrigation project in South
Dakota. bat on account Of the food in
the Belle F0urcbe river last May
which did some damage 10 the gov
ernmen- works. it has been found
Necessary to delay the opening. The
new date Of the opening has not been
determined.
The Cairo bulletin., 1907-07-06
THE WEATHER
Observation-Disclosures
Yesterdays Cairo Temperatures.


Yesterday was the wsrmest day of
The season, but it was clear and not
Oppressive. The hottest July day on
record here was the 23rd in 1891.
when the mercury was 1os in the
shade. Measurable rain was reported
from only six points by the govern
ment bulletin yesterday. None in the
river valleys.
The Cairo bulletin., 1907-07-06
ON THE RIVERS
New Style Boiler Approved BY In.
speetors at Pittsburg-Rivers
Falling Slowly.

The PittsbUrg Post says: A new
style n boiler for towboats has beer
Installed on the Crusader. and the gov
eminent inspectors Inspected the work
yesterday. Chief Engineer schan. OF
he Monongahela River Consolidated
Coal and Coke company. designed the
new boilers which may revolutionize
The method Of creating power for big
towboats. Nearly an the big disas-
tiers on the rivers are said to be due
directly or indirectly 10 some part Of
The boilers giving way under unus.
ual pressure.
General and Local Notes.
The river marked 26.i feet on the
Cairo guage last evening. showing
q fan Of 06 in q hours.
Rising rivers were repor. cd yesieT-
day from points above here as fol
lows. Parkersburg Is. Louisville o.,
Johnsonville %. Davenport Of. Kan
sas City IL.
The Charlotte Boeckler went south
with two empties
The Russei Lord brought four barges
1i lies from the Tennessee river.
The Dick Fowler was in port again
yesterday as usual with fair business
Roustabo troubles have giYen
Steamers trouble a. various points in
Guiding Paducah and ST. IoHis. Tao
Stacker lee Has delayed half a DAY /
'n Der recent trip ca. at St Louis J
The Cairo bulletin., 1907-07-06
Forecasts for Today

Cairo ana Vicinity ISSUED at Chi
cazol-Fai- and cooler.
Illinois issued at Chicago)-Fair
and cooler.
Keniucky-Psrtly cloudy.
Tcnnessee-Generally fair: slightly
warmer ceatral and east portions.
The Cairo bulletin., 1907-07-06

Nearly all boats out of Paducah have
had trouble
The Cairo bulletin., 1907-07-06

All the news all the time
The Cairo bulletin., 1907-07-06

The Bulletin Is the only paper With
In q radius Of $50 miles with the ser.
vice Of the Associated Prsss.
The Cairo bulletin., 1907-07-06
FREE MATINEE

At the Theatoriums Saturday. $3.50 %
4:3o. Free for all children under l..
Adults cents.
The Cairo bulletin., 1907-07-06

"a Read the Bulletin and get all the
Qsvs While X Is neva ItNIHTsS
Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1907-08-02
Shoes and SpectacIes for Animals.

In Bohemia when geese are to be
driven long distances to market they
are shod for the journey. The method
of shoeing is as simple as it is effect
i've. The geese are made to walk re-
peatedly over patches of tar mixed
with sand. This forms a hard crust
upon their feet, which enables them
to travel great distances without be-
coming sore footed.
Even more useful than shoes for
geese are the spectacles worn by the
cows that feed on the Russian steppes,
a region where the snow lies for six
months in the year.
These cattle pick up a living from
the tufts of grass that crop above the
snow. The sun shines so daZZlingly
upon the white surface that many of
the imals formerly suffered from
snow blindness. 1t occurred to an in
geniOus and humane individual that
this situation might be remedied; so
he at once experimental in the man.
ufacture Of smoke colored spectacles
that might be adjusted to cattle. The
result was successful, and the ami
mails were saved much suffering.
Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1907-08-02
Autauruus gepartmsat.
constaney Of Purpose Only.

General Sir Alfred Horsford, once in
authority at Aldershot, believed in an
army Of unmarried men, and invariably
turned deaf ear to privates who were
in love and who wished to take wives.
When Horsford was in command Of a
battalion Of the rifle brigade, says Sir
Evelyn Wood in his recent entertain
ing volume, From Midshipm'n 10
Field Marshal" a soldier came up to
him for permission to marry.
mo, certainly not" was the curt
reply. why does a young man like
you want a wife,"
"Oh, please, sir" said the soldier Il
have two rings ('good conduct
badges) and five pounds in the savings
bank, so l am eligible, and / want to
marry very much"
well, go away, and II you come
back this day year in the same mind,
you shall marry. I'll keep the va
cancy."
On the anniversary the soldier re-
peated his request.
"But do you really, after a year,
want to marry?"
Eyes, sir; very much"
In spite of, himself, Horsford was
visibly impressed.
Sergeant major" he said, take his
name down. Yes, you may marry. l
never believed there was so much con-
stancy in man or woman. Right face.
Quick march,"
At the door the man turned.
Thank you, sir" he said, gratefully.
1T isn't the same woman."-Youth's
Companion.