davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1907-09-30

shown that such agent was in charge of the claim department of defendant company.
 5. Trial; Instructions; Statement or Party,s Contentions--It was not error for the court, in giving its oral charge, to state plaintiffs contentious to the jury. ,,
 G. Carriers; Loss of Goods; uh- oualified Refusal to Deliver-A carrier may require the production of the pill of lading before consenting to deliver goods. This is a qualified refusal But general or unqualified retusai may be shown as evidence of a con yersation. But whether qualified or unqualified, held, under the evidence in this case. question for the jury.
 Appeal from Mobile Circuit Court
 Heard before Hon. Samuel Browne.
 Reversed and remanded. opinion oV Haralson, I.
 Tyson, e. J., and Simpson and Denson, JJ., concur.
The Montgomery advertiser., 1907-09-30
WOODWARD IRON COMPANY V
 JOHNSON.

WOOOWAhD IRON COMfAN1 Vs.
 JOHNSON. Damages for Injury to Employe.-(De-
 cided March 2, 1907. 43 So. Rep.
 1S6.)
 Master and servant; personal inju- ries; defective appliances; suficiency of complaint.--In an action by an em- ploye for injuries received by being struck with a falling timber buggy the count ascribed the injuries to a defect in the ways, works. machinery, plant, etc. and alleged the defect to consist in using a timber buggy with out having 1t made fast in its place so that it would not fall upon plain tiff. Held. to show a negligent use of the appliance, and not a defect therein.
 Appeal from Birmingham City Court Heard before Hon. Charles A. Senn Reversed and remanded. Opinion by Denson, !.
 Tyson, c J., and Haralson and Simp- son, JJ., concur.
The Montgomery advertiser., 1907-09-30

will be presumed. on appeal. that the sheriff properly executed his orders.
 g. Same; failure to raise question below.--The failure. of the sheriff to serve copy of the venire and indict- ment upon the accused one entire day before trial, cannot be raised for the first time upon appeal.
 Appeal from Houston Circuit Court.
 Heard before Hon. H. A. Pearce.
 Affirmed. Opinion by Haralson, J.
 Dowden, Simpson and Denson, JJ., concur.
The Montgomery advertiser., 1907-09-30
LOUISVILLE AND N. R. R. GO. VI
 Britton

Damages for Loss of Goods. (Decided
 Feb. 14th. 1907. 4s So. Rep. 10s)
 Evidence; letters; admissibtlity proof of genuineness-In the absence of proof of the genuineness of the signature or that they were written in response to a letter from plaintiff, letters received by plaintiff are not admissible against the purported writer or his principal.
 2. Same-Where a letter was pro- duced by defendant upon/ notice to do so. and 1t was shown to have been written by plaintiff in response to one from defendants agent and mailed to him. it was admissible, if otherwise relevant.
 8. Carriers; Loss or Conversion of Goods; Jury Question-Whether or not plaintiff paid the freight upon goods held, under the evidence in this case. a question for the jury.
 {. Sane Admissibility of Evidence It twas permissible to show by a wit ness that defendants claim agent showed him box of slippers and told them they were plaintiffs and offered to sell them to witness, as tending to show that defendant was in possession of the property and exercising acts of ] ownership over 1t; 1t having been
The Montgomery advertiser., 1907-09-30
sAyELI, V. THE STATE. r.. ,.,,-e fo Discharge Duty as hoao

aAvEII. V. THE STATE. EaiIure to Discharge Duty as hoao oa
 Overseer-(Decided Marcn z. As'''
 4s So. Rep. 2o1.)
 Tsrininal Law: pleas in abatement ~,,1tr,y. review-Where a plea in aoate- mant was subject to be stricken on ,aoffnn fl was not error pre1udiciai 'o defendant to overrule said plea
 same; former jeopardy; ruling on rlea in abatement--A plea or former jeopardy setting up that the case was cnIisa for trial and both State ana de- Sa-ss announced ready the witnesses ,yars sworn and put under the rule ana tha defendant interposed pled s.. abatement which was stricken on motIon of the solicitor, and tnereupoh fine court permitted the sohcitor 10 withdraw his announcement ot reaoy and continued the cause. was sunos .hst z to demurrer in failing to show that trial had been entered upon and as fatIsnu to show that anything was done towards passing upon the merits or the controversy. ,E
 Al Roads and highways; officers: lia- biIity; evidence-It was immaterlai whether or not the road in the precinct Of which defendant is overseer was lir as good condition as other roads in the community, and evidence tending to show this was properly excluded.
 q Same-Proof that accused, as overseer, worked a road as public road and proof that it was used by the public as such, was sufficient evidence to show that the road was public road within the provisions of Section 5398, Code 1S96.
 5. Criminal law: evidence: failure tc obiect-Although the proof introduced in this case showing the appointment of defendant might have been excluded on timely objection as not being thu besf evidence yet being in evidence thG court had no right to disregard 1t.
 Appeal from Geneva County Court.
 Heard before Hon. P. N. Hickman.
 Affirmed. Opinion by Tyson. C. J.
 Haralson, Simpson and Denson. U. Honcur.
The Montgomery advertiser., 1907-09-30
LEONARD V. THE STATE.

A1SQNAENO V. THE STATE, Burglary.-(Dscided March 2nd. 1s07.-
 4S So. Rep. 21D.
 1. Burglary; evidence; eliminating circumstances.--It was permissible for the State to show, on a trial for bur glary of railroad car, that tracks of a man were found on the ground near the car.
 3. Same--It having been shown that part of the goods which were stolen were found in the mine where defend ant worked. and the evidence tended to show flight Of the defendant imme- diately after she goods were discov- cred, 1t was permissible to show that the defendant was a married man, and that he did not carry his family away with him, but sent for them after wards.
 3. Criminal law; trial; instructions; burden of proof-A charge asserting that before the defendant should be convicted the law requires that his guilt be fully proven. exacts c too high degree of proof and is properly re- fused.
 4. Same; reasonable doubt---A charge is properly refused which asserts that if there is reasonable possibility of de- fendant's innocence from the evidence, the jury should acquit.
 5. Same-A charge Is argumentative which asserts that 1t is not necessary to a reasonable doubt that the jury shouuld be able to give a reason therefor.
 6. Same; instructions covered by those given-It Is not error to refuse requested instructions substantially covered by instructions already given.
 2. Same; confused instructions-An instruction that If the jury did not be- lieve the evidence in the case they should find the defendant not guilty, was properly refused as obscure.
 8. Same; reasonable doubt-An in struction Is erroneous and properly refused which asserts that if the jury have a reasonable doubt as to any ma terial facts in the case, growing out of the evidence they should find the de- fendant not guilty.
 9. Same-A charge asserting that a probability that some person may have entered the car and taken the goods in question, Is sufficient to create a reasonable doubt of the defendant guilt, Is not good and it's refusal proper.
 10. Same: doubt of individual juror A charge asserting that if any indi- vidual juror is not convinced of the defendants guilt beyond a reasonable doubt, the jury cannot convict, Is a proper statement of the law and its re- fusal error.
 II. Same: affirmative charge-Where there is evidence sufficient to author | ize the jury to convict the defendant the affirmative charge is properly re- | fused.
 12. Same; argumentative instruc- tions-Instructionsa asserting no propo- sition at law but being a mere argu' ment are properly refused. Appeal from Walker Law and Equity l Court.
 Heard before Hon. T. L. Sowell.
 Reversed and rernanded. Opinion by | Dowdell, J.
 Tyson. c. J., and Anderson and Me | Clellan, JJ., concur.
The Montgomery advertiser., 1907-09-30

'. S. ENGINEER Office. Montgomery. Alabama. September 24, 1907. Sealed pro- posaIs for purchasing from United States fallen timber and standing dead timber. timated at three million feet B. M-. on military reservation on Perdido Bay in Baldwin County Alabama. will be received at this office until 12 o'clock noon. octo- Der 18th. 1907, and then publicly opened Information furnished on application. J. B. Cayanaugh. Capt. Engineers.
The Montgomery advertiser., 1907-09-30
GRIFFIN V. THE STATE.

Assault With Intent to Murder-(Decid-
 cd March 3. 1907-43 So. Rep. 197.)
 1. Criminal law; instructions; reas- onabIe doubt-A charge asserting that if the jury have a reasonable doubt of the defendants guilt arising out of any part of the evidence. after a con- sideration of the whole evidence. they must not find him guilty Is correct and improperly refused.
 2. Same-It Is not error to refuse a rharge that asserts that before the jury can convict the defendant they must be satisfied to a moral certainty, not only that the proof Is consistent with defendants guilt, but that 1t Is wholly Inconsistent with every other rational conclusion.
 3. Same; instructions covered by those given-It is not error to refuse
The Montgomery advertiser., 1907-09-30
Head Notes Of the Decisions
 Of the Alabama Supreme Court

BoLEN V. ALLEN. SHERIFF. Et Al. Bali to Quiet Title-(Decided Marcn
 2. l907.-43 So. Rep. 202.)
 1. Quieting title; bill; allegations as n pending suit--A bill alleging that certain strip of land on wnicn co plaIuant's residence is situateu ao whIcb is her homestead, IS not eIn- hraced in a complaint in ejectment' tne Judgment thereon or the Wril .. p session in the sheriff's hano' pu. tue the sheriff. under said writ of posses. sion and acting under direction oi e @ssctment plaintiff. is demandlns pos, ssssson If said strip and threatens to mi comulainant out of possesslon. ooes RRat make d ease for relief nnder ser tiona sOs-S13, Code 1S96, as IL has as s several material allegations sueA no suit pending, etc. ~ounas
 Executions; tnjunctions' sEoeus -e,iaf: adequacy of other remeoy- utsra vu the sheriff is acting under ..'-,t of nossession which does not cover ~ rreuises attempted to be disturpeu' inc party in possession or sucn plem ns isaa cannot enjoin the execution Y. inc writ. but Is relegated 70 tne retneoy z, rrovided by Section s19 or the eo'S 0A 1896. A r.rr+
 Heard before Hon. Thomas ii. SIi'n'
 Af3rmed. Opinion by Denson' ;.
 Tvaon. c. J., and Haralson and simp- son. JJ., concur.
The Montgomery advertiser., 1907-09-30

NORTON vs. CLAYTON HARDWARE
 COMPANY
 Assumpsit--( Decided March 2. 1907. 43
 So. Rep. 185.)
 l. Compromise and settlement; com- position in writing. A creditor wrote his debtor offering. after being forced into bankruptcy, fifteen per cent in full settlement of his claim, which offer was accepted, the creditor instructing the bank, to whom the claim had been sent, to receive fifteen per cent in settle- ment; and the debtor sending check to the bank for that amount, the bank collected check. and marked claim paid. Held, that it was composition of the debt in writing, and binding un- der Section 1906, Code 1S9G.
 2. Same; fraudulent representations The debtor wrote creditor offering fifteen per cent in full settlement oi the claims. stating that he was n1ak- ing same offer to all his creditors which was a fact The creditors ac- cepted the offer Held, valid compo. sition with that creditor, although oth. CT creditors insisted upon larger divi- dend and got it.
 Appeal from Barbour Circuit Court.
 Heard before Hon. A. A. Evans
 Reversed and remanded. Opinion by Simpson. J.
 Tyson. c. J.. and Haralson and Den- son, u, concur.
The Montgomery advertiser., 1907-09-30

STRICKLAND vs. THE STATE. Murder-( Decided March ?, 1907 AS
 Sc. Rep. 1Ss.)
 1. Criminal law; appeal; record; bill of exceptions; extension of time for signing.-Where a bill of exceptions appears not to have been prepared and submitted within the time allowed originally. 1t will not be considered, although the bill recites that orders extending the time for signing were made; but such orders are not set out either in the bill or in the record proper.
 2. Same; presumptions; regularity of action.-Where the records show that the case was called and regularly set out for trial; a special venire regularly drawn, and the sheriff ordered to serve a copy of the indictment and such venire upon the defendant, in the ab- sence of a showing to the contrary, it
The Montgomery advertiser., 1907-09-30
BENTON vS. WILLIAMS. Assumpsit (Decided March End, 1st

Assumpsit Decided March End, 1907.
 4S So. Rep. 211.)
 l. Bonds; complaint; signature; mark--A count in a complaint declar- ing on written instrument under seal for the payment of money which al- leges that defendant executed said In- strument by having his name signed thereto and making his mark, does not show on it's face that there was no wit ness to the instrument and is not de- murrable on that ground. 2. Stgnature; words and phrases: statutory provisions-Section 1, Code | 1896, does not change the common law so as to invalidate instruments evi- dencing contracts not required by a | statute to be in writing, although 1 signed by mark without a witness, and | the absence of witnesses to a written instrument under seal for the payment of money signed by mark, does not show the illegal execution of such in- | strument
 l 3. Bonds; waiver of homestead d | exemptions; contracts; validity-A con | tract may still stand as a promise to I pay, although a clause therein waiV- 1 ing the right of homestead exemp ton is void for lack of statutory execu- tion.
 f. Same; defenses; pleading-Where the execution of written instrument Is not put in issue by a plea of non est | factum such instrument must be re- | garded, in a suit thereon, as the act of | the party alleged to have executed it.
 Appeal from Coosa Circuit Court. Heard before Hon. A. H. Alston. | Reversed and Remanded. Opinion by Simpson, J.
 Tyson. c. J., and Anderson and Dem l son, U concur.
The Montgomery advertiser., 1907-09-30

GREEN AND SONS, EFT AL. Vs. LINE
 WILLIE DRUG COMPANY. Breach of Contract Decided March
 2nd. 1907. 43 So. Rep. 216)
 l. Evidence; judicial knowledge; location of cities-The courts take Judicial notice of the fact that a cer- tain city or town in the State is not on a railroad.
 ?. Sales; action for price; pleading A plea setting up that the contract required shipment at once, but that plaintiff delayed shipment for seven teen days does not disclose, as a mat ter of law, an unreasonable delay.
 3. Same; plea; sufficiency-A plea to an action for the price of goods sold. that plaintiff failed to comply with the contract of sales In that he did not ship and deliver the goods as called for by the merchant, and that defendant was ready and willing to comply with the contract. was not de- murrable as amounting to no more than the general issue.
 f. Same:-A plea setting up that the plaintiff agreed to ship the goods C.. o D. at L. but instead of doing so shipped them to O. is not demurrable as not showing a failure of the seller to comply with the contract
 5. Same-A plea setting up the promise or the sSlilnB agent that the goods were to be delivered within ten days and failure to fulfil 1t, and that if tha promise had not been made de- fendant would not have signed the con- tract. is not demurrable.
 6. Same: default of seller; damage The damages which are recoverable by way of recoupment or set off. for failure to deliver goods sold. are the natural and necessary consequences of the breach flowing directly therefrom and such as are within the contempla- ton of the parties. and such damages only are recoverable.
 Appeal from Clay Circuit court.
 Heard before Hon. John Pelham.
 Reversed and Remanded. opinion by Haralson. J.
 Tyson, c. J.. and Simpson and Dem son, JJ, concur.
Bisbee daily review., 1907-08-06
DID NOT ATTEMPT
 ID DESTROY HIMSELF
[. DownSE Enters Vigorous Pro- test to Report Stating That He Had Taken Rough on Rats with Suicidal Intent.

According to the story told by the one who was reported to have played the leading part in sensational cpl sode in Dubacher Canyon on last Sat urday night, the entire rumor grew out of joking remark and the fact that he was suffering from a pain in the stomach. l.. Downs denies that he attempted to end his own life by taking Rough on Rats and also Vigur- ously denies that he had any intention of assassinating the physician who attended him.
 In relating the circumstances sur rounding the situation which gave rise to the story, Downs stated that as his home is situated in close proxi- mity to the Cochise shaft, he had been troubled greatly by rate, which seem ed to make headquarters around his establishment, and gnaw through everything they came in contact with. He stated for this reason he bought some Rough on Rats and took it to his house to feed to the rodents. The remark which led to the whole story was made when a brother of the girl to whom Downs had been paying at tention, asked him what he was going to do with the stuff, and he said iaughingly: "I guess I'll eat it"
 On Saturday night Downs stated he was taken suddenly i'll with a pain in the stomach, and Limmedlately the brother of his intended wife rushed for physician, thinking Down had taken poison. By the time the physician arrived the story had circulated around the neighborhood to the effect that Downs had attempted suicide. and many neighbors Hooked in. The physician arrived and ad- to the man, after which the patient quickly recovered. In the meantime the report spread and was all over the district
 Downs denied vigorously that he had taken any poison or attempted to kill the physician.
Bisbee daily review., 1907-08-06

HOTEL oRENA-Everything new, richly furnished, low rates, corner Seventh and Hope, Los Angeles, Cal. For s14 you can rent 3 rooms furnish ed complete for housekeeping; new elegant; gas range bath. phone. 334 South FigGeFoa, S22 North Fremont, Al West First, TIP Ceres, 101I East Ninth SIP West Fourth S36 Cricker, s11 Diamond st. Los Angeles. Cal
Bisbee daily review., 1907-08-06
FOREST RESERVE
 MONEY DISTRIBUTED
Coconino County Gets Lions Share of School Fund
 With S10,000,

Governor Kibbey has received the following letter from the department of agriculture which will doubtless be of interest:
 The agricultural appropriation act of 1903 provides for the distribution of 10 percentum of all money received for the fiscal year from each forest reserve, including the year ending June 13. 1906. This 10 per cent is to be paid by the secretary of the treasury to the state or territory in which the reserves lie, and is to be expended for public schools and for public roads of the county in which the reserve is situated When the re serve is i1 more than one state or territory, the appropriation shall be proportioned to the reserve area lying within each state of territory. Ap- propTiations are not to be paid to any state il amounts equal to more than 40 per cent of the total income of the county from other sources"
 The governor has prepared a state ment of the net receipts of Arizona forests during the year of 1907. They are as follows:
 Baboquivari, s44450; Black Mesa, SZO,4ZZ.S4; Chlrlcahua, SZS4.o4; Hua- chuca, s7031.20; Grand Canyon, $6,- 4431S; Mt Graham, s3446.65; Pres colt, S4463.21; Pinal Mountains, $665.65; San Francisco Mountains, I5,449.79; Santa Catalina, 242.73; Santa Rita, s2027.51; Tonto, s901S.e2; !; Tumacacori, s49s.90; total s173, ,079 27
 The percentum appropriated to Ari- zona during 1907 is, therefore, approx imately ST 7,307.92. This shows an in crease in the appropriation of last year of approximately s9000. It is easy to see the immense importance to Arizona of this law, from the fig ures above indicated. Coconino coun- ty gets the lions share, with $10,- 666.89 and Santa Cruz county draws but $17.33. Pima receives $226. Mar scopa does not figure very heavily either, her appropriation for 1907 amounting to but S101.
Bisbee daily review., 1907-08-06

culiarly adapted for the part in which she was cast. Her rendition of the song Can't you see I'm lonely was very clever.
 In the part of Dick Preston, Eddie Mitchell does very we'll Ever since his first appearance here this gentle man has done consistently clever and conscientious work. Paul Reibe filled the part of Worth Carew, a flop, to perfection.
 Eddie Murray as the dark-skinned cook whz is looking for a settlement of her account, appealed to the large audience He Is funny and that makes a good comedian
 Franc Kelcey in the part Of Suzan- ne Darcy fills the part nicely The re maining members of the company, especially Nat High, as the irate sath- CT. do very well.r-
Bisbee daily review., 1907-08-06
CHILD UNDER CARE
 OE GREAT SURGEON
Martin Costello Returns From Visit to His Young Son in
 Vienna, Austria,

Among the arrivals in the city yes. terday morning was Martin Costello, the prominent business man of Tomb stone, who a few days ago returned from a trip abroad, and is now in Bis bee for the purpose of attending to matters of business He will probably remain in the city several days.
 Leaving for the east on May 29, Cos tello went to New York, from which point he sailed for Europe, and imme- mediately proceeded to Vienna, Aus tria. for the purpose of visiting his young son, who is under the case of the eminent bloodless surgeon. Dr. Lorenz. The boy was afflicted with congenitai hip disease. and a year ago when he was years of age his father decided to take him to Europe, and place him under treatment with Dr. Lorenz, having great faith in the sur geon who few years ago visited the United States for the purpose of at tending Lolita Armour, the daughter of the wealthy packer. Although his fee for the Armour case was enor- nous, and his time was valuable, the eminent surgeon on the invitation of various cities, visited different points in the United States, curing the dis ease, of which he had made a life study.
 Costello states that duriag the year Dr. Lorenz has been treating his boy there has been wonderful improve ment in the child's condition, and that only slight affliction remains, which it is hoped will also disappear. He left the child in Austria for another years treatment.
 He stated that although Europe, in portions he visited, seemed to be en- toying prosperous times, yet the hustle and hustle evident all over the United States seemed to be lacking, making the port of New York on the return trip seem particularly inviting.
 CURE FOR THE BLUES.
 l -
Bisbee daily review., 1907-08-06
BADGER FIGHTS IN DOUGLAS
 SHOCKS
Lady and Taxpayer Enter
 Strong Protest Against the
 Alleged Brutal Sport That Is \ Told of in Papers.
Douglas. Ariz., Aug. ?, 1907.

Douglas. Ariz., Aug. 2, 1907. Editor International-Americ
 Since coming to your city some time during the first part of the year l have been shocked at the cruelty and frequency of what you call bad ger fights, and it would seem that the officials of the town are very lax in allowing such things to go on Such things are not allowed in the east or if they are the papers do not publish the shocking details. But 1 suppose in a land where bull fighting is al lowed the public demand other sports equally as atrocious. I suppose it must be tolerated as long as officers will not do their duty in the suppress sion of such affairs, but it does seem that the Humane society, of which many Douglas women are members, would take up this horrible practice and lend their noble assistance to the putting down of such a vicious prac- tice. Douglas is not alone in the tol- eration of such vicious sport, if it can be called sport-this cruel batting of innocent animals which kind na- ture intended to run free and wild.
 l was in Fl Paso for several weeks lne nrSt part or the year, durlng which time Ho less than six badger fights were held, all of them in sa- looms, and there have been fully as many during the time I have been here.
 If you will send this to the Dispatch will appreciate it, as I am a poor scribe. but I wish to enter a protest against this abominable sport of bad ger fighting.
 Yours for more humane treatment of dumb animals.
 MRS. L. CARLTON.
Bisbee daily review., 1907-08-06

CURE FOR THE BLUES. All comedy program at the Theatre Royal tonight. Don't miss 1t.