davidaulloa/AmericanStories huggingface dataset:
Daily press. [volume] (Newport News, Va.) 1896-current, 1908-08-27
MAY EMPLOY EXPERT TO
EXAMINE COMPANIES 3D. Ks
People Of Neport News and Hampton
Can Secure Additional Evidence in
Railway Fare Matter.

Mr.. O. d. Bachelor. who was re-
tanned by the Chamber 0f Commerce.
To oppose tae application OF the local
electric railway companies {or per
mission TO increase the fare between
this city AMI Hampton from FIVE to
ten cents, states that the Corporation
Commission. in granting permission
for the increase. authorized the OK
animation of the books Of the railway
companies by an expert to be paid
by the objccting parties and approved
by the commission.
As has been stated heretofore the
case remains On the commissions
docket. and II the people of tnis city
and Hampton desire TO continue the
fight they can introduce new evidence
at any time. n II Is desired. the ek,
pert can be employed and the result
OF his work can be put In evidence
i'sfcrc the comMiss.on.
This matter probably will be taken
up by the coanciI and Chamber OF
CommcrSe In the rear future.
Daily press. [volume] (Newport News, Va.) 1896-current, 1908-08-27
Girl Students Win honors.

The thirteen honor students in the
class of IS; graduated this year from
the College of Liberal Arts OF BOSTON
university arc all women. Because
they have attained the highest rank
during the four years Of their college
course all IL will become members
OF the Phi Beta Kappa. This, society
has similar record in the University
OF Missouri. where all five Of the men,
bers added to its roll last year were
girls. r.
Daily press. [volume] (Newport News, Va.) 1896-current, 1908-08-27

ways he suspense: the silent night
broken IL pistol shots, the .battss1Aa
at logs sgainst the prison DOORS the
cries that yssounded through the stone
halls Ike rife fire: the Ions. eteEnAl
asony IA. doubt--and then my rsscu.
en-, mssksd men. braadishiAg thsts
guns lhe torches, harsftAs into "a
cnrstdor 10 free me With H. Keys
which thsy. chad taken from the old
sheriff, who stood In their midst help
lessiy sprotssting-all this was Hke tho
OF dream until 1t
coming to my senses. found
mysek seated upon the sw!ftest horse
In Cobweb, leading mare packed
with necessities Of life vherewith 10
orOss the desert. -
thrust my feet exuitantly inside
the stirrups Of wood: pressed my
hnees against my horses TANKS ana
gathered the snafiie reins between my
fingers. Then, casting one glance
/ saw Muriers dark eyes
liked upon mine in love SUCH as had
not before come to me.
She had trusted me as few women
had done. l could not leave her to
Sat out her heart through the months
and years of doubts and hopeiessness.
could not go TO freedom With a lie
N my heart such az l could have car
led to the gibbet. | leaned over my
and whispered to her:
Girl. l am Jim Crawford"
Daily press. [volume] (Newport News, Va.) 1896-current, 1908-08-27
NR. D. S. JONES IS IN j. .
"a q CRiIlCM CONDITION
Ne 10 susFerine From Dangerous 0.s
order, and Physicians Are Con-
staNtiy a His 0edsi0e.

Mr.. u. 8. jones. president Of the
common council. Is critically Ill at his
home at West avenue and Twenty
sixth street. ami his condition yestcr-
day and last night was alarming. Sew.
e.al days ago Mr.. Jones was taken III.
but II was not until yesterday that II
became kRown that his condition was
serious. He Is suffering from a dan
eerons intestinal disorder
! Or. ". r. Avisti. the attending ply
s.cian. called in Dr. Ruffin. of Norfolk.
and both doctors have been al the
.patieni's bedside almos; constantly
during the past two days and nights,
Daily press. [volume] (Newport News, Va.) 1896-current, 1908-08-27
MANCHESTER BRIDGE IN s.
DANGER FROM FLOOD
Feared That Structure VIII Not With
stand Heavy Rise OF
River.

! RICHMOND. VA, Aug. 26.-Men
who have carefully examined the con-
,litfon of'the free bridge between Rich
mend and Manchester this morning say
the entire structure Is In grave danger
at present, AMI unless something Is
done speedily to relieve the situation
svetal Of the spans. two. and posi-
bly four. may be carried away before
midnight tonight, ard the almost sole
artery of communication between the
two cities be cut of. 49,. =.
Props, poles. SUPPORTS or bents put
under the bridge during the last two
L or three weeks are already entirely
gone In some places, held only ny
ropes fastened to the iron supports OF
the bridge, and in still other places
workmen saw the braces are bound to
go II the water continues rising.
Supports had been put under eight
\ of the weakest md most dangerous
spans Of the bridge. There were four
supports CT bents to each span max
ling total OF thirty-two supports. TWO
Iof these we're washed from their posi-,
ltion at 3 o'clock this morning by the
water In the river which then began
rising rapidly. These two were neaI
the Richmond side of tine river and
close to the dam under a part Of the
jt.idge. An the supports under the
bridge in one. span went about
iaclcck this morning. These had not
been built up 10 the bridge. The first
1.-TWO tina; were washed away had beer
FINISHED mp to the bridge aEd hal
been wedecd to take some Of the
iwe,sht and strain OF the iron sup
lnorts resting ,fhe stpne pillars.
Daily press. [volume] (Newport News, Va.) 1896-current, 1908-08-27
wharton Grove Excursion.

Announcement IL made that on sun
day next. August 30, the Old Dominion
Line s;c:Spcr Ncbjsck will run an eS.
cnusion to the wharton Grove Camp
meeting, leaving Old Point at s:3s a.
n. Large numbers attend these camp
meeting at the Grove each year. ana
% u expected that the Mobjack vii
carry a large crowd. - .s-
Daily press. [volume] (Newport News, Va.) 1896-current, 1908-08-27
PAYS oesT y YEARS OLD.

A nan Is years old may no. have
had occasftn 70 pay . debt and yet
if he finds be b losing his grip he
owes IL 10 himself 70 take Scxine
PITS, when he kuews they are the
one thing that Win ,ose HIN NJ and
prcIcns his NE. PRICE 81 .. toS. sir
boxes g.. with faSi guarantee for an
form of nerve weakness IN nfsn or
women. For sale by al dsagssts.
Daily press. [volume] (Newport News, Va.) 1896-current, 1908-08-27
xOufB 1Cr hHSt rssiu,
F-J. THOMAS NEwsOME."
~. kSi,wsW peu:es charss.

Ccancjlmar George T. Kealum. Of the
0econd ward, who was, charged AT
fuesday'S conference with having
80 TIE nrst agcn, TO rent houses
elFuaa he deal line TO negro fam
IISes. made q ststement 10 this paper
xeeterday, denying the charges. He
SacIares. that he never has rented a
H5siee 81 the white section to negroes.
&GDsdIng to his statement. about two
1SafHs ago. Mr. n. W. Gayle. who
v0Sel the huilding-st No. Si7 Twenty.
I'D street, which nov is occupied
- . negro named Holt. came TO him
- tod MIN 20 rent the building to
vaRro. Mr.. Ke!lum says he refused
- fhcn Mr.. Gayle said he was going
= ee,l the house 10 =. c. Brown. a
rSirp real estate dealer. Mr.. KeIium
mSs the sale vas cousummated ana
- Dusldlng was taken ont OF his
h5as. The councilman further SAYS
ia he prpm:sej to rcut . house In
. seesiou 10 q negro family. prosid-
= sh<Be Vas no opposition from the
v&tke reoidehts Of the secuoa- How
go. tie house vas not rented. ID
- saId TO have BEEN sold by MT.
Q6yIe vas purchased BY a nero nam
q Ho1t II ID said that Holt had been
- lie city only . few days when he
80 The purchase and h. knew Ro;h-
- q the exisiirg conditions.
Daily press. [volume] (Newport News, Va.) 1896-current, 1908-08-27
Soe::iIa!!I!-RlsEsso!lss.ll

Miss Rose Herman of Washington.
d. G.. Is spending "a few days with
her parents In West avenue.
Daily press. [volume] (Newport News, Va.) 1896-current, 1908-08-27
seneeAxr r,snea-s SHOOTING.
epsxsss q Vie snis Tss~ Dsst,nsusss'
~ t1JmDeH q camp psrry.

~ NtWoeH q Csmp Psfry.
ysrceont O. B. Fisher cf the Hunt
sSetoa B1es. q distinguishing hsm.eii
-eeA 6tDher Of virginias team IT the
l1HtInQnl rue shccs ~ Camp Perry.
O. ~ cstirc sa,sad !. making a
- Slowing. ana the local man is
S11Dnx sbe ~top.soschers.
VDSSe1eut hooking toward the pre-
0uea1tu1 g . De&a1fo sergeant ffsn
= - ~ rsssrs has been started
Daily press. [volume] (Newport News, Va.) 1896-current, 1908-08-27

Mrs. Vernon Payne has returned
from trip TO charlottesville, Va
and Tyrone, Pa.
Daily press. [volume] (Newport News, Va.) 1896-current, 1908-08-27

Master Vernon butt. who has been
Visiting Mr. and Mr.. w. j. bright.
has returned To his home in RaspA'
burg. Md. D. ,a@
Daily press. [volume] (Newport News, Va.) 1896-current, 1908-08-27

\ UtnS tNoSC -
In. G., is spending a few days with
her parents In West avenue
! Master Vernon butt, who has been
visiting Mr.. and Mr.. W. ]. Bright.
has returned to his home in RaspA'
burg. Nd. d. .s@
Mrs. Vernon Payne has returned
from u trip TO Charlottesville, Va,
md Tyrone. Pa
Mr.. Paul Burhage has returned from
Ocean City. MI, where he spent two
weeks.
Mrs C. b. A. Booker and son. Mas
ter BERNARD, have returned from a
visit In the Catskill Mountains
I Mrs w. j. Bright and son. Master
William. have gone to Baltimore and
Raspehurg, Md.
Mr.. George Fox and family have re-
turned from Fork Union. where they
went 10 attend the funeral of Mrs.
Fox'sA sister. Mrs. John Brightwell.
= Mr.. Bradford Reynolds. OF Whining.
Ton, n. c.. arrived in the city yestcr-
day evening to visit his mother. Mrs.
Mary c. Reynolds. on West avenue.
Mr.. Allan ID. Jones has returned
from Hot Springs. Va.
: Mrs. w. G.. Melvin returned home
yesterday from visit to New York.
Mr. and Mrs. J, W. Allen have re-
turned from visit to Union. W. Va.
+, Mr.. and Mrs. William Garner have
returned from extended Northern trip.
Mr.. X. A. Turner and Misses NJ. +.
and NJ. p. Williams. OF Richmond. are
the guests OF Mr. and Mrs. II. F. vii
liams. mt Cherry Grove, near Buckroe
Rpach 49, ...
Daily press. [volume] (Newport News, Va.) 1896-current, 1908-08-27

/, Mr.. X. A. Turner and Misses NJ. r
and NJ. d. Williams. Of Richmond. are
the guests Of Mr.. and Mrs. II. +. WI
liams. Mt Cherry Grove, near Buckroe
Beach, a. .-..-.
Daily press. [volume] (Newport News, Va.) 1896-current, 1908-08-27

Mrs. G. h. A. Booker and son. Mas
ter BERNARD, have returned from {
visit In the Catskill Mountains.
Daily press. [volume] (Newport News, Va.) 1896-current, 1908-08-27

!. Mr.: Paul Burhaae has returned from
Ocean City. Nd, where he spent twt
weeks
Daily press. [volume] (Newport News, Va.) 1896-current, 1908-08-27

/, Mr.. and Mrs. William Garner hav
returned from extended Northern triI
Daily press. [volume] (Newport News, Va.) 1896-current, 1908-08-27

Mrs w. J. Bright and son. Master
William. have gone to Baltimore and
Raspchurg, Nd.
Daily press. [volume] (Newport News, Va.) 1896-current, 1908-08-27

+ Mr.. and Mrs. J. w. Allen have r.
turned from O visit to Union. W. Va.
Daily press. [volume] (Newport News, Va.) 1896-current, 1908-08-27

Mrs. W. G.. Melvin returned home
from visit to New York.
Daily press. [volume] (Newport News, Va.) 1896-current, 1908-08-27
faalHss III lh|sg Aeisss be
81 % "tai "" la
llekbl fof e1u
MS IlFIlg lns gfIlllG|
east End Citizens viii Discuss s'tua'
ton and Plans For Aetton-counc"'
man kss,um osnies That Ne Has
Rented Property Across the Line
and Gives New Version.


For the purpose Of deciding upon
some action in the matter Of the in
vasion by negroes Of the white resi-
dentia, section on Twenty-third street
between Marshall avenue and Wick
ham avenue, the citizens OF East Ead
VIII assemble in mass meeting Mt Pet
xoSd,s hall, Chestnut avenue and
TMenty.second street. tonight at 8
O'Clock Following the conference
held about the matter Tuesday night.
there was a generally discussion OF
the affair yesterday throughout East
End and the Indications are that big
crowd VIII be on hand tonight. -.
Nssross Probably win Move.
II wss learned yesterday that the
resso families now occupying houses
scsoes the dead lineY are much dis
turbad over the turn AFFAIRS have TAX
I, en-, and that they in all probability
win move out without further ado. d.
sNsegroes or the better class in New
por< News have never shown a dispo-
setlpn to sencroach upon the white res
idential sections, and ID expected that
REPRESENTATIVES of this class will do
iii that they can to.have the present
trouble settled without trouble.
:. s,.s, :. Ne osslrs Fer cTrotois.
.. Thomas Newsome. the coiored at.
torney, has investisated the matter
ana he says there ia no Inclination on
the part Of the negroes to offend the
xkltes, Or TO cause any racial FEELING
v6Sfxver. - : 80, -.
yesterday evening Newsome I'D
dfgS0ed the following letter the Daily
Pfees REGARDING the matter: s...,.
dltor daily Press. - -
.rs6f SIR l.. =.
"Seven families OF colored people
not 81 an representative. have locat'
"a IN q portion OF the East End hith'
erto, occupied only by white people
The houses occupied by them had
bsen vacant for sometime. hence thls
sctjou. There will be no attempt
whatever by these people 10 remain
ID this section over the protest Of
the residents living out there. and II
would be superfuous to hold any In
{ dignation meeting to cause an evacu
alton of the invaded territory.
rhe colored people Of the Eas'
End are fortunate In having FOL
themselves splendid locality II
vAicA to i've, and many OF them
3 own lovely homes. The whites ant
5 n1acks OF the East End have beef
Willing together too long for the pur
n Of the community 10 desire an,
friction at his time. and I am sure
essrything yin pass on quietly with
1T my serious jar to the hitherto
ffiendly relations. g.. ~. 500
~YoaarR for East End =
Daily press. [volume] (Newport News, Va.) 1896-current, 1908-08-27

Mr.. Allan ID. Jones has returned
from Hot Springs, Va.
Daily press. [volume] (Newport News, Va.) 1896-current, 1908-08-27

/. Mr.. George Fox and family have re-
turned from Fork Union. where they
went 10 attend the funeral of Mrs
Fox's sister. Mrs. John Brightwell.
Daily press. [volume] (Newport News, Va.) 1896-current, 1908-08-27

Mr.. Bradford Reynolds. OF Whining.
lon, n. c.. arrived In. the city yestcr-
day evening to visit his mother. Mrs.
Mary c. Reynolds. on West avenue.
The Montgomery advertiser., 1908-02-02
HAMILTON '. zee sTATE.

1907. ~ SO. Rep. ses.)
1. Criminal Law; Afidavit; Veridca-
tions.---Tt 10 no objection TO an afida-
Wit charging q defendant with a Grim
inaI ofrenss that It was verified before
q notary public and not in open court.
2. same; Observation-Disclosures the
original afndayit, among other thingH.
charged that the defendant cursed IN
the presence Of females the State was
properly permitted TO file an amended
afkidavit coFrectly charging the offange.
3. Same; Evidences Objection; Ex-
clusion.---WheFe the evidence tended to
prove the oftense charged and related
20 the Same conversation which had
been testified to by other witnesses. IL
was not error to refuse to exclude the
testimony.
4. Same; Trial: Remarks Of soiici-
tor.--Where the evidence which Is adj
mitted without objection shows that
defendant stated as part of the con-
versation in which the Objectionable
language is used. that he would kin K.
and six more like him, IL was not error
to refuse TO exclude the statement OF
the Solicitor to the jury that defendant
said he would kill r. etc.
6. Same: Evidence: Election OF Aets.
Where the use Of the abusive or IN
sultlng language was one continuous
conversation, although part OF It was
had on the platform and a part across
the track near the platform, the State
was not required to elect as TO which
part OF the conversation 1t would rely
upon for a conviction.
Appeal from Clarke County Court.
Heard before Hon. Thomas w. Davis.
Anlrmed Opinion by Simpson, 81
Tyson. G. j.. and Dowdell and Denaon.
~. ccneaFa
The Montgomery advertiser., 1908-02-02
STATE OF ALABAMA,
!. MONTGOMERY COUNTY,

assess the value ct any time between
the tort and the trial.
.. Appeal; harmless error; instruc-
tons; evidence as to value--Where 1t
appeared that plaintiff had agreed to
sell the goods at a certain price and
the witnesses fixed the value at sum
less thar that, and the Jury awarded
damages In a sum less than was JUS
tifed under the evidences, q refusal to
charge The jury that they might con-
slider that the fact that plaintiff had
agreed TO sell the goods 1T such a
price in assessing the value thereof,
does not constitute reversible error
10. Same; errors cured BY wefdlct--As
against the objection Of the defendant
4 charge mistating the testimony Of
the witnesses with respect to such
value was cured when the Jury assessed
thA value OF the goods 81 q sum less
than was justified under the evidence.
Appeal from Admission City Court.
Heard before Hon. Thomas W. cole-
AGarned. opinion BY Anderson. J.
Tyson, C. j.. Simpson and benson JJ',
concur.
The Montgomery advertiser., 1908-02-02
SOUTHERN RAILWAY COMPANY v.
COLEMAN.
DamaRos for Delay In ForwardInl
Observation-Disclosures November II
1897. 44 So. Rep. s$L) o.. -.


Damages for Delay in Forwarding
SHIPMENT decided November H.
1907. ~ So. Rep. 500
1. Appeal Ruling on Motion; De-
rnurrer: Revfew.-The refusal or the
court to strike items Of damage from
the complaint, and the overruling OF a
demurrer to the complaint on the
ground that such damages are not re-
coverable, cannot be made grounds OF
error, as defendant could and did point
out the objection by objeeting to evi-
dence relative thereto, excepting TO
charges authorizing recovery therefor,
and BY requested special charges COW
ering those points.
Q. Damages; Breach Of Contract for
Duty; Meaeure.--One injured by q
breach OF contract or breach OF duty
may recover all damages sustained
thereby, including gains prevented and
losses sustained subject to the condi-
tion that the damages now directly and
naturally from the breach and are not
speculative or contingent.
8. Carriers: Delay in Shipment;
Damages.--Ths carrier delayed the
shipment OF q piece Of machinery nee
essary to the operation OF a public gin.
The testimony showed that rs cents
was q fair profit for ginning a bale OF
cotton, but showed only an estimate OF
the number Of bales that went to the
gin during the time It was shut down.
and that the rs cents profit depended
On q contingency. Held. that the esti-
mate of what might have been earned
by operating the gin, had the shipment
been promptly delivered. being speeu-
iative and dependent on contingencies.
the owner was not entitled to recover
such PROFITS as damages.
l. Damages; Breach OF Contrast or
Duty: Measure.--Where the delay was
OF 30 short a period that the ginnery
haa 40 rentA1 value. interest On the
The Montgomery advertiser., 1908-02-02

ba the property OF the county. 4 per-
aon not n Marty to the contract shipped
Axtures for the building to his own
order, and an agent Of the shipper re-
oeisad them and placed them ~ room
in the blaltdlng. subsequently. the con-
frsntor failed ana abandoned the work.
Held: Tne county did not acquire title
to the fxtures under the contract.
q. DetinuA; title OF piaintim---During
the Construction OF q Courthouse by
eodAractors, q person not party 70
the contract shipped hxtures Tor the
building which were shipped 70 the
shippersa order and received by the
sHipper.e agent ana placed n roon y
fhalbuiIding. There was IN absence OF
evidence that the county obtained the
axtutes undSr the contract 10 purchase.
FIalA. Tnak the title OF dxtures re-.
Ynained IN the shipper and he could
maintain astifue Tor such nxturee On
nr16f OF d demand ana refusal
4. Election Of remedies; grounds; ln-
consistency Of renedies---1n order 70
maize a case Of election Of remedies the
narty must have actually two ineor@
sistent remedies--election OF remedies
a tte abortion Of one or moro existing
remedies with the eject OF pfecluding
4 resort to the others.
4, Action; contract or tort; money
received; waiver Of considerat ion--TJn.
fkaR there has been DelS @uu the rpr
eAntion OF money or things as money
~ the price or value Of the property,
a. owner Of personally eonvetted oy
nnother cannot waive the tort and sue
- hasunnpsit for money had and re-
cslved, but Is put TO his action for con-
81 Election Of renedles--whe ere one
nhuid not maintain assumbsit against
are county for goods placsd In its court
heuse. the bringing Of assumpslt did
al bar a recovery In detinue on the
Shaary Of election Of remedies.
4 same; defsnses; burden OF proof
re- the goods complained pf having been
aatained were 80 annexed 20, the realty
ss 10 make them flatnras, this was .
rsattar Tor the defendant to plea and
prove; plaintiff need not psgative that
fact. .. '.-r
aatInue Tor goods whIeh were not Gee
ord hand at the time OF the taking,
h,st onIy became such after being used
! ! soar by the defendant, the Jury were
80 bound 10 Sssess the value 81 Ia
Goods e secondhand goods. but nsight
The Montgomery advertiser., 1908-02-02
corTrNcHAM vs. SMITH.
Common Law Certiorafi to Quasi
Judgmert.--(D Decided Nov. IL. 1907
AZ a Ran aeA.O

Common LAW C6Ittpt&Nl " Su@SA'
Judgment Decided Nov. IL. 1907.
~ So. Rep. as4O
1. Justice OF the peaeei Judgment
want 81 juriSdiction.--A judgment rem
tIered BY q justice Of the peace 10 void
where his docket fails to show that
me defendant was ever served with
process or that he appeared In court
Or that ne had any Notice OF any kind
given Of the tendency Of the proceed
tngs.
Certiorari; review Of judgment;
rennedy.-certiorar IL the proper rem
edy to quash, on review. a judgment
rendered by justice Of the peace
where no process was served on de-
PENDANT and he had no notice Of the
proceedings and did not appear. and
was without knowledge or the judg-
3. same; waiver OF invalidity; APP
pearance; effect on appeal.-Notwith-
standing the Justices docket showed
that both parties we're present on q
motion 70 revive the judgment, such
doee not show a waiver OF the inval.
idity OF the iud sSnert, especially when
the waiver IL not pleaded and the entry
on the docket may refer as well TO a
garniah6e az 60 4 defendant; ana the
judsnsnt nay % eaAsAsa " ssrtioFAEi
The Montgomery advertiser., 1908-02-02
for want q iurlsdIetlOn q the asfen-

for want OF jurisdiction Of the dsfen-
dant.
4. Judgment; validity; want Of tu'
risdiction; revival.--A judgment which
was rendered without Jurisdiction OF
the person is a nullity and cannot
be vitalized by an order OF revival.
Appeal from Bib Circuit Court
Heard before Hon. b. n. Miller.
Affirmed. Opinion by Simpson. J.
Tyson. O. J., Anderson and benson,
II concur
The Montgomery advertiser., 1908-02-02

value OF the plant. II claimed. for the
period Of its non use Is the proper
measure OF damages.
5. Carriers, Delay in Shipment;
Damages.--A shipper cannot in any &C
ton for delay in transportation Of
shipment. recover the expenses incur
red By him In making q trip to the
point Of destination to lock after the
shipment.
s. sane.--The fact that the agent Of
the carrier at the point of destination
did not locate the car in which the
shipment was Is proof OF simple negli-
gence only and does not authorize the
recovery Of exemplary damages for de-
lay In the delivery OF the shipment.
Appeal from Hale Circuit Court.
Heard before Hon. b. NJ. Miller.
benson, J. Tyson, c. j.. and Simpson
and Anderson. ~, concur.
M'CoABs v. STEPHENSON, EFT AL.
Ejeetment.- decided November IL.
1907. ~ So. Rep. s67.)
/. Mines and Minerals: conveysncss:
Construction OF Terms.--The word
minerals" as used In conyeyances Of
mineral interests in land 10 not limited
to metallic substances but includes
salt, coal. clay. stone. etc. and means
all substances in the earth's crust
sought for and removed for the sub
stance itself.
2. DEEDS; Construction; contradie-
tory CIauses.--where the subsequent
clause Of a deed 10 o. doubtful import.
IL will not be construed AZ contradict
ing the preceding certain clause. as
the rule is that the nrst clause gov
ems in q deed containing eontradic-
tory clauses unless the dntention to
qualify It clearly appears.
3. Safzle.--Ambiguitie and ihconsis-
tencies in other clauses will not defeat
the intention OF the parties whore the
deed contains a clause showing this
intention.
&. same.--where a deed admits OF
two constructions. II will be construed
most strongly against the grantor.
s. Mines and Minerals; Conveyancee;
ConBtruction.--Wher a deed conveys
the coal. ores. and other minerals and
metals in etc. the lands described and
all the timber, water and stone upon
tina saAre. necessary for the mining Of
the coal ana other minerals, tt conveys
the shala In the land.
9. Evidenea; Expert Testimoay;