davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1908-03-15

and written agreement contemporaries
ously executed plainly exclude the tne-
DRY that debt existed or that mort.
gage was intended. such deed cannot
operate as . mortgage unless mere 10
proof OF debt to be secured Dy ~.
6. Same; infiuence.--It Is tndispens-
able that 1t should have been the inten-
tIon of both parties TO the deed at the
time of its execution that 1t was to op-
crate as mortgage, before deed abso-
Lutte on Its face can be declared
mortgage.
7. Same: pleading.-Under the rule
that pleading must be construed most
strongly against the pleader. an aver
fnent cannot be construed to aver tnat
1t was the intention Il the grantee that
the deed and agreement should operate
merely as a mortgage. which declares
| that when approved by an attorney the
deed and written agreement was In
tended merely as security for money
to be procured and advanced BY the
grantee to the grantor.
| 8. Same.--The fact that the grantee
stated that when he got out OF the real
estate conveyed to him the money he
had advanced to the grantor he would
deed the remainder back to the grantor
| will not impress on a deed absolute
on its face the characteristics of an
equitable mortgage.
Q. Trusts; parol trusts; frauds
Unless the execution of the conveyance
is procured by fraud parol trust can
not be Migrated on the legal title
which under the instrument OF convey
ance is absolute on its face.
10. Some; establishment OF trust. -
Fraud must be averred with precision
and proven by clear and convincing
competent evidence to create trust
ex malehcio.
II. Same; fraud.--The grantee is
trustee of the legal title. ex maleficio
where the grantor executed the deed
on condition that 1t should not go into
effect or be filed for record until APP
proved by his attorneys. and should be
destroyed IL not so approved. and the
grantee agreed, frauduiently intending
at the time not to comply with his
agreement. but with his fraudulent in
tent; and such deed did not operate ec-
lcording to its tenor notwithstanding O
deed may not be delivered as an es-
crow to the grantee.
IL. Equity; pieading; multifarious-
lness.-To render bill multifarious az
to subject matters there must be differ
emit grounds of relief alleged and each
ground must be sufficient to sustain q
bill. Hence, a bill to declare deed
a mortgage and to have the deed can
celled for fraud in Its execution. the
averments Of which render II without
equity as a bill to declare deed q
mortgage. Is not multifarious. Al
though the prayer may be looked to in
testing the character of the bill. the
prayer alone unsupported by aver
ments giving the bill equity in every
aspect. though It be for alternative or
different or inconsistent relief does not
make the bill multifarious
Is. Appeal; afirmance; decision on
wrong theory.--The decree on motion
| and demurrer will be affirmed where
the bill can be upheld on another the
DRY, although such motion and demur-
rers were overruled by the lower court
| on the wrong theory.
| Appeal from Talladega City Court.
Heard before Hon. @. X. Miller.
! Afnrmed Opinion by benson. J.
| Tyson. c. j.. Simpson and Anderson.
/ IT,, concur.
The Montgomery advertiser., 1908-03-15
BIRMINGHAM RAILWAY LIGHT q
poyVEE3 COMPANY W LEE.

BIRMINGHAM RAILWAY LIGHT q
POWER COMPANY v. LEE,
Action for Damages for Assault and
Battery-(Decided December 10,
1907. as So. Rep. i64.)
1. Trial; instruction.: effect OF evil
dence.-An instruction that II the jury
are reasonably satisfied from the evil
dence of certain facts. which the evil
dence in the case tended TO support,
thew should md for the plaintiff. IL
not Objectionable as charge upon the
effect OF evidence.
2. Damages: instruction.--As the
amount Of recovery may not go beyond
the amount OF claim, II Is proper to
instruct the jury that the damages
awarded must not exceed the amount
claimed.
3. same.--Under q count for wiliful
or wanton injury a charge by the
court In the following words ''it comes
to you in the nature of warning. that
you shall be careful, that you shall
give ample compensation for the wrong
that has been done her, II you find one
has been done her." when taken In
connection with the other part OF the
oral charge, Is correct.
4 Trial; Instruction.; form.-The
fact that an instruction which Is pred
icated upon the finding by the jury OF
dence, does not begin on the belief OF
the evidence by the jury. does not rem
der the charge bad; and IL misleading
it was open to the adversary party to
ask an explanation.
s. Carriers; election of passengers;
action; instruction.--An instruction, in
an action for the wrongful election OF
q passenger, which asserts that In as
sessing damages the jury were au-
L.. nd 70
award a fair and reasonable compen-
sation for any physical pain or mental
suffering that they might believe plain
tiff to have suffered, and also as a
punishment to the defendant, II they
believed such damages should be
awarded. was proper.
6. Same; damages.-Where willful-
ness accompanies the wrongful election
OF a passenger exemplary damages may
be awarded.
Z. Trial; instruction; misleading in
struetions; singing out phases of the
evidenee.-A charge asserting that 1t
was the duty Of the jury to so recon
ellie the testimony of all the witnesses
as to arrive at the conclusion that they
had all told the truth, IL such could be
done. but II the jury were unable to so
reconcile the testimony, they must de-
termine which witnesses had told the
truth, and In arriving at such matter
might consider the interest of any wit
ness in the trial, was misleading and
properly refused.
8. Carriers; election of passengers.
While plaintiff was being Wrongfully
elected upon the ground that she had
not paid her fare. another passenger
offered to pay 1t for her, and she de-
clined to permit it to be done. Held.
that fact will not preclude plaintiff
from recovering for the injuries and
damages suffered by her after her re-
fusal to permit such payment.
Appeal from Birmingham city Court.
Heard before Hon. Charles A. Sem.
Affirmed. Opinion by HARRISON. j.
Tyson, C. j.. Dowdell and Mcclellan
IT,, concur.
The Montgomery advertiser., 1908-03-15
/ win GIVE YOU a COURSE OF TREATN

wthou tofP II
Dropped the Man Ben wonderful
of Trestm TOmorr Ia
sareIyT Renp Over
Deep-snd
and Ofher
Me You the PreofF Free.
The Montgomery advertiser., 1908-03-15

to plaintiffs mortgage was recorded.
plaintiff was entitled 70 make advances
ana charge efor the same under his
mortgage as security therefor, after
the recording OF the prior mortgage.
Appeal from TalIapoosa u Circuit
Court.
Heard before Hon. s. L Brewer.
Affirmed. Opinion. by HARRISON. ].
AL the Justices concur.
The Montgomery advertiser., 1908-03-15

patton. or that on disability due from
unnecessary exposure to obvious risk,
etc. or due to hernia the company's
liability should be one-hfth OF the
amount otherwise payable.
Appeal from Madison Circuit Court.
Heard before Hon. ID W. Speake.
Reversed and remanded. Opinion by
benson, J.
Tyson. C. j.. Dowdell and Simpson,
~. concur.
STATE Elk REL, SALESMAN "
WEAKLEY. EFT Al.
Quo Observation-Disclosures December 10
1905 So. ep. 1859
I. Statutes; local laws: classical
tions of municipal corporations--w While
the act OF 1907. (Gen. Acts 1867. p. 4o2)
purports to establish a Police Commits
sion in cities of certain population
within counties of certain popula.
The Montgomery advertiser., 1908-03-15
LET ME KILL THOSE
DEADLY DISEASE GERMS
BEFORE They KILL YOU
win Give Course of Treatment Absolutely Free to the First One
Thousand Persons Who Write Me- to Prove What Can Do
l PUT Oxygen YOUR ST0MACE

To
Pat
you trength ana Power with Marveieus
Psy-Phy Treats Powerful
inEA Agency now
The Montgomery advertiser., 1908-03-15

STATE Elk REL. SALESMAN
WEAKLEY. Eft Al.
Waterbury evening Democrat., 1908-09-23
RAGING OSTRICH KILLED. Escapes at Mineola Fair and in Rage
 Wounds Himself Fatally.

Mineola, L. T., Sept 23.-There was an ostrich race at the Queens Nassau county fair here yesterday, but one of the birds provided more exciting event, escaping from his box, fighting those who tried to capture him and finally in his rage, getting wounds from which he died in a few minutes.
 It was Fleetwing, the ostrich that escaped from his pen last Sunday, that got out again yesterday short time before the race was scheduled to be run. :. He tried to get into the crowd. He was restrained, however, by high fence which he could not leap. while the spectators were on a platform above him. Becoming en- ragged, he made several dashes at the platform.
 Men who tried to capture him were sent reeling by the bird with right and left kicks as fast as they came at him. w. w. Ford, who was injured by Fleetwood last Sunday, had his leg ripped open yesterday. A negro who is employed by the owners of the os- triches, slipped rope over the birds leg, but was kicked in the head. The rope, however, held fast and the os- trich was thrown to the ground.
 Thus held, Fleetwing got more an- gry and threshed his head from side to side and knocked out both of his eyes. He bled to death within a few minutes, despite the assistance of veterinary surgeon who was called.
Waterbury evening Democrat., 1908-09-23
CLEVELAND SPEEDING ON.

Cleveland, Sept Cleveland drove another rivet in It's fastening to first place in the American league race yesterday, winning from New York to o.
 The game looked like light one for five innings, Hogg being hit only twice in that time, though two passes and an error sent Maps to first, but in the sixth Bradley was walked, Hinchman advanced him with single and Lajoie was pur- posely walked. With the bases full Ball fumbled Stovall's drive, Brad ley scoring. Bemiss single scored Hinchrnan and Lajoie. Birmingham famed trying to buft, but Perring singled, scoring Stovall, Bemis be- ing caught at third on the play, and Joss singled, sending Perring across.
 In the seventh, with Manning working, Bradley singled, Hinch- mans out advanced him, and after Lajoie had flied out Stovall poked one to deep center for a home run. That ended 1t.
 The Highlanders had only one bright chance to score. That came in the second inning, when with one gone Moriarty, Ball and Blair sin gled in succession. Moriarty was caught at the plate on Blair's smash to center by Birmingham's fast throw and Hogg famed to end the chance. The score:
Waterbury evening Democrat., 1908-09-23
NEW BOWLING SCHEDULE.

The first schedule of the Connecti- cut State Bowling league was unsat- isfactory to, the managers and the secretary compiled a new one, which was announced yesterday as being the official one. It is follows:
 First series-Oct 6, Bristol at New Haven, Waterbury at Hartford, Bridgeport at Meriden; Oct 13, Hart ford at Bristol, Meriden at Water bury, New Haven at Bridgeport; Oct 20. New Haven at Meriden, Bristol at Bridgeport, Hartford at Water bury; Oct 27, Waterbury at New Ha- ven, Meriden at Bristol, Bridgeport at Hartford; Nov 3, New Haven at Waterbury, Bridgeport at Bristol. Hartford at .Meriden; Nov 10, iBris- tol at Hartford, Meriden at New Ha- ven, Waterbury at Bridgeport; Nov IT, Bristol at Waterbury, Meriden at Hartford, Bridgeport at New Ha- ven; Nov "A, New Haven at Bristol, Hartford at Bridgeport, Waterbury at Meriden; Dec 1, Bridgeport as Waterbury, Hartford at New Haven, Bristol at Meriden; Dec s, Water- bury at Bristol, New Haven at Hart ford, Meriden at Bridgeport
 Second series-Dec 15, New Ha- ven at Meriden, Bristol at Bridge port, Hartford at Waterbury,; Dec 22, Waterbury at New Haven, Meri- den at Bristol, Bridgeport at Hart ford; Dec 29, New Haven at Wa terbury, Bridgeport at Bristol, Hart ford at Meriden; Jan 5, Bristol at Hartford, Meriden at New Haven, Waterbury at Bridgeport; Jan 12. Bristol at Waterbury, Meriden at Hartford, Bridgeport at New Haven; Jan 19, New Haven at Bristol, Hart ford at Bridgeport, Waterbury at Meriden; Jan 26, Bridgeport at Wa terbury, Hartford at New Haven, Bristol at Meriden; Feb 2, Water- bury at Bristol, New Haven at Hart ford. Meriden at Bridgeport; Feb g., Bristol at New Haven, Waterbury at Hartford, Bridgeport at Meriden; Feb Is, Hartford at Bristol, New Ha- ven at Bridgeport, Meriden at Wa terbury.
 Third series-Feb 23, New Haven at Waterbury, Bridgeport at Bristol, Hartford at Meriden; March 9, Bristol at Hartford, Meriden at New Haven, Waterbury at Bridgeport; March g, Bristol at Waterbury, Mer- iden at Hartford. Bridgeport at New Haven; March Is, New Haven at Bristol, Hartford at Bridgeport, Wa terbury at Meriden; March 23, Bridgeport at Waterbury. Hartford at New Haven, Bristol at Meriden; March 30, Waterbury at Bristol, New Haven at Hartford, Meriden at Bridgeport; April 6, Bristol at New Haven, Waterbury at Hartford, Bridgeport at Meriden: April IS, Hartford at Bristol, New Haven at Bridgeport, Meriden at Waterbury; April 20. New Haven at Meriden, Bristol at Bridgeport. Hartford at Waterbury; April 27, Waterbury at New Haven, Meriden at Bristol, Bridgeport at Hartford.
Waterbury evening Democrat., 1908-09-23
KRAMER TOO SPEEDY.
Henri Mayer, German Champion,
 Beaten in Two, Heats.

Henri Mayer, German Champion,
 Beaten in Two Heats.
 Taking both the first and second heats in his match race with Henry Mayer. the cycling champion of Ger many, Frank Kramer, national title holder, demonstrated to several thou sand bicycle fans in Madison Square danger of any of the foreign cyclists carrying the American title abroad. Kramer won both heats from Mayer in easy fashion.
 Mayer is the second foreign claim ant to ,Kramer's throne as king of short distance riders to fall before the superior speed of the Jersey lad. Several weeks ago Jackey Clarke of Australia was defeated by Kramer. The Australian, however, made a better showing than did Mayer last night.
 4a In the half mile heat Kramer took the lead at the crack of the pistol and led the German around the four circuits of the track. As he finished a wheel length before Mayer the entire crowd arose and paid homage to the might of the American champion.
 But when Kramer was again vic- torious in the second heat at mile the cheering lasted for several min utes. In the latter heat Kramer dis played his splendid generalship. He allowed Mayer to take the lead in the fourth lap and set the pace for two circuits.
 Then, when two laps from the fin- ish, Kramer by magnificent sprint nosed his wheel in. front. When once insconced as. pacemaker Mayer might just as well have sought to catch an elusive moonbeam as Kra- mer. The American won by over a wheel length.
 Both heats were slow owing to the jockeying of the riders for position. The time for the mile was 1 minute, IA 3-5 seconds, and Kramer rode the mile heat in 3 minutes, 59 4-5 sec onds. But in the last quarter mile of both heats the riders cut out a fast pace. The final quarter of the first heat was ridden in 27 seconds and that of the last heat in 26 1-5 seconds.
Waterbury evening Democrat., 1908-09-23
GRIDIRoN GRIDDLEs.

The Brown university squad is in fine condition and expects to roll up a good score in Its first game of the season.. Saturday, wiht New Hamp- shire state.
 E Fred Crolius hopes to make good showing with his villanova squad against the Carlisle Indians Satur- day. He has started the training ta- ble with the following men: Cap tain Walsh, Slayin, Casey, Smith, Gordon, Kelley, Kane. Legacy, Mon ahan, Cnriey aud Mccormick.
 Lafayette has begun its scrim- images and about 60 men are trying for positions. The three coaches are very much impressed with the material and feel certain that their backs will be unusually strong. Le- high has also bulky squad, and conditions there are promising. Scrimmages will start Saturday.
 Francis W. Coates of Elmira. N. r., has been chosen captain of the Andover eleven to succeed Rosen- dale. who has left Andover to enter the Case school at Cleveland. Coates played left end last year. Am dover has only four veterans this season, but there are some good new men in the bunch of 5e boys out.
 Coach Stagg of Chicago university intends to start secret practice very early this season. The first few minutes of practice every day will be behind closed doors and this .se> cret work will be heightened from day tosdsy. stasg says his men must
Waterbury evening Democrat., 1908-09-23
THE SPORTING NEWS.

Waltham watch, with a chain and cigar cutter charm and diamond set in 1t, showed that he had not the slightest suspicion of what was in store for him.
 Fifty of Tommy's Hartford friends had felt that their appreciation of the team he had turned out demand ed a concrete expression, so they quietly got together and procured the gift. The watch is beautiful open faced timepiece. On the inside of the case is engraved this inscrip- tion: Tommy Dowd, from His Hart ford Friends" The word had been passed around and shortly after 9 o'clock about thirty of Dowd's friends gathered in the Garde cafe. There was no ceremony to the pre- sentation and Tommy made no speech of acceptance, but his actions spoke louder than words and there was no need to tell the bartender that the drinks were on Tom.
Waterbury evening Democrat., 1908-09-23
BAREFooTED CRoQUET.
Fashion That Is Growing at EngIis,.
 Country Homes.

The fashion of playing croquat in bare feet has shown signs of spread ing this summer. In country houses and in suburban villas alike has been seen in corner of the cro- quet lawn row of deserted shoes and stockings while their owners feet serenely thread the maze of hoops.
 So compelling has the vogue be- come that resistance to it is DO long, CT expected, It is whispered that a duchess has succumbed to it and during the last week end at one of the best known, most hospitable seats in Surrey the croquet party comprised a leading society beauty, a prominent literary woman, the commander of one of his majesty's destroyers and city merchant prince. all fashionably attired in natures own footgear.
 Unlike most fashions. barefooted croquet is not at all uncomfortable. After the game the players invari- ably agree that they have never be- fore played either so comfortably or so we'll. The unshod foot takes a splendid grip of the turf. far bet ter than india rubber or leather can, and as consequence the poise of the body is much assisted and the aim much improved. The fact or the sole of the foot coming in con- tact with mother earth also seems to he distinctly soothing to the nerves.
 A medical correspondent writes:
 Exposure to the sun and air and the increased freedom 10 the muscles are of course beneficial. But If the day is cold or the grass damp, for those unaccustomed to the conditions bad cold may follow or lumbago and similar complaints be brought on. We are SO used always to cov-
Waterbury evening Democrat., 1908-09-23
JACK M'GEE LOSES FIGHT.
Death Claims Boxer Whose Pivo .s Blow Was, Once Famous.

Veteran followers of the ring will remember Jack McGee. whose death occurred at midnight Monday nigh! at his home in East Boston. He was born in Londonderry, Ire, 46 years ago. He had been i'll about six weeks. He became a boxer. in 1885, and remained in the game eight years and fought number. of rattling good fights. Dick O'Brien beat him in 1893, and he then re- tired from the ring. He used the pivot blow quite often, and on one occasion tried it against a tall, rangey boxer named Buchanan. As he swept about, however. Buchanan was waiting for the play, and met the East Boston boxer with crash ing blow that nearly ended the fight then and there. McGee was able to continue within the limit, however, and won the battle.
Waterbury evening Democrat., 1908-09-23
LUCIEN REROLLE DEAD. Was Amateur Billiard Champion ol France-Played Here Last Spring.

New York, Sept 23.--A letter re-| ceived here yesterday from France by J. F. Poggenburg contained news of the death of Lucien Rerolle, the French amateur billiardist. The let- ter was from a friend of Rerolle and did not give the date of the death of the player or the cause. Rerolle was A years old and for five years was amateur champion of France. He was beaten in the last tournament over there by Mortier, another French expert.
 Rerolle was a miller and lived in Toulouse. Several years ago he play- ed a match game of three nights with Wilson Foss. then the American anna teur champion. and defeated him. He came to this country last spring and took part in the International anna teur championship tournament at 1S.2 balk line, played at the Lieder- kranz in this city. He played in the final and deciding game with Calvin Demarest and was beaten by the young Chicagoan for the champions ship.
 The letter telling of RerolIe's death referred to the pleasure with which the Frenchman looked back to- his visit and reception here. thc0eh naturally disappointed at not win-' ming the tournament. As an amateur Rerolle was in the front rank
Waterbury evening Democrat., 1908-09-23
BOUCHER IS DRAFTED.
Boston Americans Call for Holyoke ShOrtstOp. ..

Holyoke, Sept 23-Manager Fred A. Winkler of the baseball, club re- turned yesterday from Providence, where he has been the guest of Manager Duffy of the Grays and manager Dunn of the Baltimore Ori- oles. He brings back glowing &C., counts of the work of two Holyoke players, Dolan and Lavender. who he regards as fixtures unless they go higher. Dolan has hit for .43S while he has been with the team, and fielded his position in great style. Lavender is also showing great form. Mir Winkler thinks that in all probability Lavender will go to some major league club. He also says that Manager Billy Smith of the Atlanta team of the Southern league thinks we'll of Catcher Wal ter Ahearn and may draft him. Smith also wanted Lavender and Boucher but Boucher has been drafted by the Boston team of the American league.
Waterbury evening Democrat., 1908-09-23
TOMMY DowD WATCHED"
Manager of Hartford Team Gets
 What's Coming to Him.

Tommy Dowd, the popular man. ager of the Hartford base ball team, had one of the biggest surprises of his life when he was called into the Garde cafe last evening to get a small package that had been left for him." Perhaps he wondered at the apparent interest taken in the package by the large crowd that had followed him into the room, but his surprise when he opened 1t and found black leather case with his initials stamped on it, and containing beau tiful solid gold. nineteen jeweled
Waterbury evening Democrat., 1908-09-23

hustle to the limit. He has intro- duced long runs for his candidates. This week he began by sending his players up and down the field 50 times, or a little over three miles. To-day they will do the field 75 times and tomorrow they will have their first scrimmage of the season. Stagg says he intends to rush his players all the time so as to harden them. The first game will come a week from tomorrow.
Waterbury evening Democrat., 1908-09-23
ANGELUs MAKES RECORD.
Sets New Mark In Feature Race al
 Gravesend.

New York. Sept. 23.-Angelus won the Ocean View handicap at Graves end in new track record time of 1:51 2-5. Summaries:
 First Race.-Joe Madden. first; Uncle Jim, second; Lawton wiggins, third.
 Second Race.-Juggler. first: Milford, second; Miss Crawford. third.
 Third Race.-Select. first; Racquet, second. Florence IL, third.
Waterbury evening Democrat., 1908-09-23
STANnING OF mud CLUES.
Winners ! on Grand Circuit.

Columbus, O.. Sept 23.-RSth / on, driven by Millar Sanders, won all three heats of the Haster-Columbus stake, valued at S10.000. Jack Leyburn was first in the Columbus purse, worth S3,0OO, while Charley Hal won the 2:11 pace.
Waterbury evening Democrat., 1908-09-23

Runs, Cleveland, Bradley 2, Hinchman 1; Lajoie |, Stovall 2, Perring 1; hits, off Hogg, in 6 innings. off Manning, 3 in ? inn ings; three-base hit. Hinchman; home run, Stovall; sacrifice hits, Hinchman, Conroy, Hogg; stolen base, Joss; first base on balls, off Hogg 4, off Manning 1; first base on errors, Cleveland 2; left on bases, Cleveland 1, New York 4; struck out, by Joss 1, by Manning 1, by Hogg g. double play, Lajoie, Per- ring and Stovall; umpires, Connolly and Egan; time, hour and 2S min utes; attendance, 6,554.