davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1908-03-29
Hedd Notes of the Decisions
 of fhe AIabama Supreme Court

SOUTHERN RAILWAY co
 DICK EMS.

SOUTHERN RAILWAY COMPANY V.
 DICKENS.
 Injury to Stock.--(Decided December
 1S 1907. 45 So. Rep. 215.)
 1. Pleading; hearing on demurrer Where the plea setting up contribu- tory negligence sets out the facts re- lied on as constituting the negligence. on demurrer thereto. the sufffciency of the facts to show contributory negli- gence. becomes a question of law for the court.
 2. Same; amendment; new cause of actlon.--Where the original complaint alleged the crippling of a COW so as to diminish her value. and the amendment alleged that the COW died from her in- 5uries and sought to strike all allega- fion as to diminution in value. such an amendment was not objectionable as A departure, or as stating a new cause of action.
 3. Railroads; injuries to animals: contFtbutory negligence.--The default not being the proximate cause of the accident. the failure of the plaintiff to
The Montgomery advertiser., 1908-03-29

{. Same; execution by mari<.-Where a chattel mortgage Is executed by a mortgager signing his name by mark only. the mark Is required to be at- tested by a subscribing witness who can write his name.
 Appeal from Rlount Circuit Court
 Heard before Hon. w. W. Haralson.
 Reversed and remanded, Opinion by Mcclellan, J.
 Tyson. c. J.. and Dowdell and An derson. J. J.. concur.
The Montgomery advertiser., 1908-03-29

CONTAINS
 
    
  
   FART or
The Montgomery advertiser., 1908-03-29

under Section 5sos. Cole alsss, and he ifs entitled to hss discharge in a prose- cution for felony where the verdict was rendered in the absence of accused and his attorney, though the court called the jury back after its dispersal and read the verdict to them and asked them if this was their verdict.
 Appeal from Elmore Circuit Court.
 Heard before Hon. W. W. Pearson.
 Reversed and rendered. Opinion by Simpson, J.
 Tyson, c. J.. and Haralson and An derson. u. concur.
 MORRIS V. BANK OF ATTALLA. Trover and Case.-(Decided Dec. 19.
 1so7.-45 South. 219)
 1. Appeal; instructions; Abstract An instruction being otherwise correct. it's giving is not error because 1t Is abstract.
 g. Set-off and counter-claim; debts sub feet to set-off.-Any demand which may be measured by pecuniary stand ard, in a legal sense, not sounding in damages merely. may be set of. wheth- CT the acton be ex contractu or ex, delicto. Section 372S. Code 1S96.
 B. Chattel mortgages; execution; witnesses; qualification.-The fact that subscribing witness on the mort gage was a stoekholder in the mort gage corporation did not disqualify him from signing as witness
The Montgomery advertiser., 1908-03-29

N Y NDERs the head of the Good of
 the Order at the last meet
 ing of the kitchen cabinet.
 Statistical Sam managed to sandwich in the following:
 The other day I got to talking with some of the men at the works, and conversation drifted into the subject of the odds and ends drawer of Che average American family. "Skcp and think Just for the fun ok ft, go and look! See what's in your own odds and ends drawer.
 'iOne of the strongest, and. at the
The Montgomery advertiser., 1908-03-29
BEWARE OF FRAUDS! Duffy's Pure Malt Whiskev

sold in sealed bottles Ony-neyer in bulk A facsimile of the genuine bOe full sze printed here so that you may easily recognize it. It patented botle-round ann Der colored andwth the 'Duays Malt Whbkey Com pany blown into the glass The nademark-the old Che mss Head-s the label and the cork there is an en- graved paper seal Be certain this seal is not broken
The Montgomery advertiser., 1908-03-29

HARRIS V. THE STATE. Murder.--( Decided Dec. 19, 1907.-45
 South, 216.)
 1. Motion in arrest of judgment-Mo- tion .n arrest of judgment in a crim- inal cases can be granted only for mat ters apparent of record.
 2. Criminal law; rendition of ver- dict; absence of accused.-Accused is entitled to be present when a verdict Is rendered against him that he may have an opportunity to poll the jury
The Montgomery advertiser., 1908-03-29

tEdit0rial Note: Herein Statisti- cal Sam has attempted to confine himself strictly to the truth. If he has erred. he craves indulgence of Mr. Average American.)
The Montgomery advertiser., 1908-03-29
ROGERS V. THE STATE.

NONEHS V. Ifdb bIAIE. Carrying Concealed Weapons.-(De-
 cided Dec. 19, 1s07.-45 South. 221.)
 l. Indictment; affidavit; designation of accused.--It being alleged in the affirmative that the given name of de- fendant was unknown to affiant. and there being no evidence to show that it was known. the affidavit was suf- ficient in designating accused by his initials.
 ?. Carrying concealed weapons; evil dence.-Evidence in this case exam ined and held sufficient to warrant the finding that defendant was guilty.
 Appeal from Jefferson Criminal Court. Heard before Hon. S. L. Weaver. Affirmed Opinion by Mcclellan, J.
 Tyson. c. J.. and Haralson and An- derson. JJ., concur.
The Montgomery advertiser., 1908-03-29

properly maintain fences along de- fendant's right of way in accordance with a contract between plaintiff and defendant. is not such contributory negligence as will preclude a recovery for injuries to animals that have strayed upon the track.
 Appeal from Mobile Circuit Court.
 Heard before Hon. Samuel B. Browne.
 Affirmed Opinion by Denson, J.
 Tyson, c. J and Anderson and Mc- Clellan. JJ.. concur.
The Montgomery advertiser., 1908-03-29
coRR V THE STATE.

COBB VI THE bIAIE. Using Profane Language in the Pres
 ence of Females.-(Decided Dec.
 1e, 1907.-45 South. 22S.1
 Criminal law; affidavit.-Where the affidavit charged defendant with using profane language in the presence of females, it was proper to allow 1t to be amended by inserting the swords abusive, insulting or obscene" be- tween the words "profane" and fan guage." it not being shown that it was not reverified.
 Appeal from Jefferson Criminal Court
 Heard before Hon. S. L. Weaver. Affirmed. Opinion by Anderson, J. Clellan. JJ concur.
The Montgomery advertiser., 1908-03-29
GULF YELLOW PINE LUMBER co. V
 MONK

Trespass Quare Clausum Fregit and
 Trover.-CDecided Dec. 19. 1907.--
 45 South, 223.)
 l. Action; joinder; trespass and trover.-Trespass quare clausum fregit and trover cannot be joined.
 9. Bill of exceptions; signing; time Where twenty days was allowed from the adjournment of the court for sign ing the bill of exceptions and the bill of exceptions was signed more than twenty days after the date of the or der granting the time, and 1t is not shown when the court adjourned such bill of exceptions cannot be consid- cred
 Appeal from Geneva Circuit Court
 Heard before Hon. H. A. Pearce.
 Reversed and remanded. Opinion by Mcclellan, J.
 Tyson. C. J., and Andersen and Den son, JJ.. concur.
The Brookings register. [volume] (Brookings, Brookings County, S.D.) 1903-1971, 1908-09-17
Chi|dren's Day
The First Day

The first day will be ChiIdren's
Day. School children will be adj
mitted FREE Tuesday, September
22d. and there will be a good pro-
gram Of sports and contests for the
Boys and Girls with liberal prizes.
See the Premium List for a COM
plete program of the events of the
day. Also read the Boys and Girls
contest for the Fair next year--'Oo.
The Brookings register. [volume] (Brookings, Brookings County, S.D.) 1903-1971, 1908-09-17
BALL
Game Every Day

Aurora and Arlington will play
for the Championship of Eastern
South Dakota Wednesday after
noon, September 23d; Lake Ben
ton VS.. Brookings Thursday and
Friday. Bert Jones of the old
Bookings Reds will play with the
Brookings team. Lake Benton has
secured two Indian players who
have been playing with the Ma
tional Indian team.
The daily sentinel., 1908-09-21

There is a well defined report to
the effect that if Weather Observer
Hardinge, of the local station, makes
any prediction of bad weather for any
day of the fair, or allows, under any
circumstances. any rain of any con
sequence to fall in the valley after
six O'Clock tomorrow morning. he
will find himself in serious trouble.
1t is rumored that Justice Sweeney
has agreed to give the gentleman
nineteen weeks in the workhouse If
he allows bad weather to come. and
no explanations will be accepted If
an appeal is taken from Judge
Sweney's court to Judge Shackle-
ford's it is stated on reliable auth
ority that the latter judge will
double the sentence of the lower
court.
The daily sentinel., 1908-09-21

Yesterday morning the artist de-
livered a brief address to the Meth
odist Sunday school and last evening
at the church he delivered an ad-
dress THE Art in Religion" taking
for his special discussion the picture,
Christ Before PLATE" A large
audience heard him and was charmed
with his address. 1t was a rich. rare
treat. AT the church last night the
artist exhibited number of his
paintings of corn on the ear and 9TH
er farm scenes.
Today an exhibition of large
number of the Montgomery paintings
were arranged in the Fair Store and
is attracting much attention and un-
bounded admiration.
Montgomery's paintings of corn is
particularly marvellous. He states
he was nine years getting to point
W re he could reproduce in painting
a Sfain of corn that satisfied him in
its resemblance to the natural corn
His success in this matter is indeed
astounding. The ears of corn in the
painting that took one of the great
prizes at the Paris exposition certain
ly looks like the real thing. The
many other subjects Mr. Montgomery
has chosen for his paintings are re-
produced with an accuracy and beau
ty that marks his as one of the
greatest artists of the time.
Montgomery is an interesting per-
sonage, quaint in his manners and
dress, bright and witty as he can be
and delightfully."- congenial. He car
ries letters of commendation from
many of the greatest men of the ma
tion.
The daily sentinel., 1908-09-21

There is no question but what
some of the auto owners and drivers
in Grand Junction and Mesa county
are going to get in trouble and seri-
Gus trouble at that, if they do not
cease from driving their machines
after night with no headlight or
lights of any kind attached. During
the past few days several accidents
caused by machines bearing no lights
coming upon teams after dark, have
been reported. Some of the autoists
think that the fact that to own or run
an auto gives them speC;ai privileges
on the highways of the city and
county.
The daily sentinel., 1908-09-21
MEN WANTING WORK,
SEE MERCY MISSION

Rev T. \. Lemen has added a new
department to his work at Mercy
mission free-will employment
agency, as he styles it,
He has at present an application
for fifty teams and one hundred men;
ditch work: $3.50 day for men
So for man and team; 100 miles
from town. Employment also for a
cook and two Mattresses, IN town !;
two rooms to let. Can also furnish
bids by first class carpenter on con-
tracts, repairs, drafting, etc.
Mission on Colorado avenue be-
tween Fourth and Fifth streets.
The daily sentinel., 1908-09-21

Mr.. and Mrs. Leaver will leave to-
day for Grand Junction to take in
the annual Mesa county fair to be
held in that city this coming week.
Mrs. Leaver will visit with friends in
Grand junction and later will visit
her mother in Fruita. Mr.. Leaver
expects to enjoy hunting trip at
Rifle before returning to the city
Aspen Democrat.
The daily sentinel., 1908-09-21

This morning a number of local
Democrats went to Montrose to at
tend the Democratic convention of
the Seventh Judicial district held for
the purpose of nominating candi
date for district attorney.
The daily sentinel., 1908-09-21

Two cases were brought before
Judge Hnl's court this morning a
common drunk, who received $500
and costs and who was unable to pay
up and a woman of the under world
who had been notified several times
to leave town but who failed to do so.
She received SO and costs and was
a.so committed to Jail.
The daily sentinel., 1908-09-21

We deliver any thing you order in
fresh or salt meats, vegetables, fruit
Or bakery goods, and deliver them
promptly, if you call up Junction 2S1.
Horton & Goldsworthy, 800 Colo
RADIO avenue.
The daily sentinel., 1908-09-21

Miss Daisy Kirk entertained few
friends yesterday at her country
home on the Redlands. They report
an excellent time and all of the wa
ter melon they could eat.
The daily sentinel., 1908-09-21

Silver Tip Bess who was arrested
Friday and turned loose yesterday
upon being called for by her boy,
who is about 10 years of age. He
promised to take care of her and
keep her out of Grand Junction.
The daily sentinel., 1908-09-21

W. f. Rhinehart is unloading n
car of buggies today for exhibition at
the fair grounds during the fair. He
has received a large canvas from
Denver under which he will display
his exhibit.
The daily sentinel., 1908-09-21

doubling or more than doubling their
force of walters for the present week.
The daily sentinel., 1908-09-21

S. Kirby, general agent for Serb
ner's, spent yesterday in the city with
the local agent. J. p. Sweeney. The
visitor was taken for a drive in the
orchard districts by Justice sweeney
The daily sentinel., 1908-09-21

$31.15 round trip for King Hill
land opening October 7th. Don't
miss this. Milne & Milne.
The daily sentinel., 1908-09-21

Ladies' and gents clothes cleaned
and pressed All work guaranteed
strictly first class. Phone Black GG2.
1926 South Fifth street
The daily sentinel., 1908-09-21

Horton & Goldsworthy, 800 Colo
RADIO Avenue, phone Junction 2S1.
srhe oaly exclusive market in the city.
The daily sentinel., 1908-09-21

FAMOUS ARTIST
IS IN THE CITY

Montgomery the famous known the country ov
fowls and fruit arrived
Saturday night and will spend time here He
the reproducing the OF
OF the Grand valley.
The daily sentinel., 1908-09-21

w. w. Chandler returned Satur-
day night from a several days visit
to Montrose.
The daily sentinel., 1908-09-21

Ollie Bannister returned from Los
Angeles this morning. Mrs. Bannis-
ter and the baby will follow later,
The daily sentinel., 1908-09-21

Mrs. w. S. Wallace and father and
brother, j. T. and j. r. Davis, re-
turned from n short trip TO the Pa
cific coast.
The daily sentinel., 1908-09-21

Heavy hauling rrvcr special at
tention by Barton e. Terrill When
you have anything in this lin" rn,
them up. Prices are right.
The daily sentinel., 1908-09-21

Proofs of Immortality, and The
Life Beyond the Grave" might be
given as the subject of the powerful
sermon. 1t was a discourse that
would set the most thoughtless to
thinking. 1t was a convincing. re-
markable argument and proof of the
Immortality of the soul. The illus
trations used by DR.. Wilcox to drive
home the great truths he presented
were marvellous in their strength and
application.
DR.. Wilcox is easily one of the
greatest pulpit orators and thinkers
ever heard in local church.
The daily sentinel., 1908-09-21

Rey C. w. G. Lyon left this morn
ing for a short trip up the narrow
gauge.
The daily sentinel., 1908-09-21
GREAT AUDIENCE
WAS THRILLED

!: Beyond a doubt one of the j.
j. grandest, greatest and most in I.
+ spring sermons ever heard in +
+ Grand Junction was delivered i
+ yesterday morning before a con- 1.
+ gregation that filled the Meth !.
+ odist church to overflowing. by 4.
+ DR.. C. b. Wilcox, the eloquent 1.
+ and brilliant pastor of the First !.
= Methodist church of Colorado +
+ Springs, one of the largest +
+ Methodist churches in the west. I.
]! j. i. !. 3. i. 3, .,
The daily sentinel., 1908-09-21

boss Reynolds left this morning
on 81 for Delta.
The daily sentinel., 1908-09-21

j. r. Williams left this morning
for Montrose to be gone short time.
The daily sentinel., 1908-09-21

the flood light the Sdd tina ills the ft # big that
u,a neeth % wish ~ % The F b all ifons
pr
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1908-12-16
SEVERELY PUNISHED
Sherman Wilson Fined, Given
80 Days in Jail and
OisfranchiSed.
CHARGED WITH THEFT.

The heavy hand of justice" fell
with thump on Sherman Wilson, col
ored. in the Wayne circuit court this
morning. Judge Fox was told Wilson
was one of the men implicated in the
attempted delivery at the Wayne coun-
ty Jail. The man was accused of the
theft of a suit of clothes and hat
from John Bryant and upon his plea of
guilty to the charge of petit larceny
was fined $40. sentenced to ninety
days in the county jail and disfranchis-
ed for two years. Wilson persisted
in a plea of not guilty until led to see
all the evidence was against him.
1t was represented to the court that
Wilson is the sole support Of his aged
mother at Xenia. Ohio. A letter was
in the hands of the pauper attorney
in which the mother asks that her son
might be dealt with as lightly as pos
sible, so he could return to her sup
port. Wilson claimed he never had
been in any trouble before.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1908-12-16
CITIZENS LOSE
ASSESSMENT FIGHT
City Will Pay $1,000 on the
South West Sewer Sys-
tenn and No More
TOTAL EXPENSE S54, 900.
RESIDENTS CLAIMED THAT PRE-.
VIOUS CUSTOM IN CONSTRUc-
TIoN OF SEWER SYSTEMS WAS
NOT FOLLOWED OUT.

No change in the assessment of
benefits and damages incident to the
construction of the Southwest sewer
system will be made by the board of
works as the result of the hearing of
the demonstrators this morning. At
torney Henry L. Johnson appeared in
behalf of William and Rebecca Boyd,
two of the demonstrators. Others.
who appeared TO controvert the as
sertions of the city officials that the
assessment is correct were: r. l.. Kel-
ly, Z. P. Truebpod. C. X. Chase,
Richard Sedgwick, y. C. Heironimus,
DIR. Grosvenor and Charles Bell. 1t
developed at the hearing that not all
of those persons, who are assessed
believe, they have been dealt with
unjustly in the matter.
Cost to City $4,000.
AS the result of the confirmation of
the determination of the board of
works, the city will bear about
1t will not bear any more. However,
the board will revise it's primary as
sessment roll and this will alter some
of the individual assessments by re-
ducing them. The demonstrators had
asked that the city bear about one
half of the entire expense.
1t was maintained by the remon-
strators that the city did not follow
out the previous custom in the con-
struction OF sewer system. 1t was
claimed the cost of the filtration plant
should be borne entirely by the city.
The city was asked in addition to bear
about 90 per cent of the remainder of
the cost. 1t was shown by the esti-
mates of the city engineer that the
(ContipIred on Page Tuol
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1908-12-16
AGED COUPLE SAYS
HOUSE WAS STONED
Mr.. and Mrs. Isaac RuddIes-
ton of Dublin Have
Many Troubles.
HE FEARS THE BANKS.
THINKS WIFE WILL GET HIS
MONEY AND CARRIES IT WITH
HIM-oLD PEOPLE HAVE Do.
MESTIC TROUBLES GALORE.

Charges that their house has been
threatened them, were lodged with
the prosecuting attorney by Mr. and
Mrs Isaac Huddleston, of Dublin, to-
day. The troubles of the Huddlestons
are many and altogether due to them
selves, according to the authorities.
Both are seventy-four years old and
leges his wife is not mentally strong
and she has the same unkind remark
to make about him. They continue to
live together, despite their own quar-
rels and threats and the actions OF
bothersome neighbors. The prosecut-
ing attorney declared he has had his
hands full trying to conciliate the
Huddlestons and the remainder of the
residents of Dublin for four years.
Fears the Banks.
The husband has a wholesale fear
of banks. He believes il he puts his
money in bank his wife will be able
to get it. He does not want her to
have it and although he is old and in
firm he has persisted carrying about
with him 81 900 in currency. He was
warned against this practice by the
prosecutor and sheriff this morning
and told he ought to put his money
in a bank before leaving the city.
Mrs. Huddleston claims her hus
band wants to put her in an asylum
She says that is the place for her hus
band and herself and she wouldn't
object to going, if he were sent, also
She admitted she had called her hus
band improper names and accused
him of keeping company with women
of i'll repute. Her husband says he
has to side in with her to keep down
fuss" so he has taunted her al
these times by expressing his willing
ness to admit all charges. although
he says they are untrue. He said his
wife chops latches off the clubhouse
after he has put them on. Mrs. Hud.
dleston says she does that so he won't
go there to count his money.
The couple was told to return to
Dublin and cease strife. Man and
wife were told to stop taunting each
other and to quit abusing the neigh
bors. They were told further COM
plants would result in their arrest.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1908-12-16
MANY HORSESBURNEO
Seventy-five Animals Killed in
Fire at Indianapolis
Stock Yards.
RATS GNAW MATCHES.

Indianapolis. Ind. Dec. 16.-Fire at
four O'Clock this morning. destroyed
three large barns at the stock yards
and seventy-five head of horses per-
ished in the flames. Among them
were eleven race horses belonging to
Michael Readon. whose loss was S.
coo. The total loss aggregates SJ0,-
900. Sixty-four of the horses were
owned by farmers who had brought
them TO the Indianapolis Sales COM
pany's barns to be sold. More than
two hundred other horses and mules
were rescued before the flames reach
ed them. The insurance is small. The
fire originated in the lockers where
the employees clothing was kept and
it is supposed that the fire was caused
By rats eating matches.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1908-12-16
CITY HAS No
SALOONS, BUT
Residents of New Castle, buy
Large Quantities of
Liquor.
RAILROADS PROFIT BY 1T.
ALL KINDS OF INTOXICATING
LIQUORS HAVE BEEN SENT IN
TO TOWN BY WHISKY AND
WINE HOUSES.

New Castle, Ind, Dec. 16.-Almost
unlimited quantities of liquid refresh
ments were sold in this city last week
by brewery agents and representatives
of whiskey and wine houses. Two of
the latter were here the first of the
week, and, it is said, sold between
them about 81 200 worth of drinkables
for private consumption. Some of the
orders no doubt went to persons vino
were thinking of their friends.
All kinds OF beer is said to have been
sold to parties for private consump-
tion. The quotation is sc per bottle
and several barrel orders were taken.
Of course, no one would imagine that
any of this stuff is for blind tiger
No, it's all for private parties who like
their ''schnops."
Railroads and express companies are
doing a thriving business along this
particular line since the town went
dry and the temperance people are
at loss to know how to battle the
new evil. That beer is being taken
freely is evidenced by the fact that
four dead ones" were found on the
court house lawn the other morning.
This morning two empty quart whis-
key bottles were found on a prominent
street corner. The two bottles bore
different labels and neither brand is
on sale at any place in this city 1t is
believed that both quarts were either
shipped into the city last week or were
brought in from Anderson or Indian
apolis during the night.