davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1908-10-18
prRRY vs rHE sTATE.


 Larceny.-(Decided April 22, 1s0s,-46
 South. 470.)
 l. Criminal law; corpus delicti; proof.-The corpus delicti may be es- tablished by circumstantial evidence affording an inference that the crime has been committed. and its sufhciency is for the jury.
 2. Larceny; evidence-In the ab- sence of proof that way bill contain ed a list of the goods that were placed In the car at the place of shipment or that the bill of lading had ever been signed by anyone 1t was error to permit 1t to be shown that the goods fin the check were checked and found to be short by a com parison with the bill of lading or way bill.
 3. Same-Where the charge was the taking of certain caddies of tobacco from a freight car. 1t was permissible 10 snow that the defendant had in his hands tobacco box while coming from the direction of the yard where the car was on the night of the al- legged larceny; that he asked If anyone had seen him and told a witness that ne would give her a dollar not to say anything about 1t; that defendant was seen With some boxes of tobacco on the same evening and that he placed them under a house where the same quantity and kind of tobacco were subsequently found, as incriminating circumstances.
 Appeal from Dallas Circuit Court.
 Heard before Hon. B. NJ. Miller.
 Reversed and demanded. Opinion by simpson. T.
 Tyson. C. J., Anderson and Denson. JJ., concur.
The Montgomery advertiser., 1908-10-18
WRIGHT V THE STATE

WRIGHT V. THE SLATE. Murder (Decided April Is. 1908. S46
 South. 469.)
 1. Criminal law: instruction; prov ince of jury. Where the prosecution. relied on circumstantial evidence and the proximity of defendant to the scene of the crime for a conviction, and de- fendant's evidence tended to show that another was nearer the scene at the time of the commission of the crime. 1t was invasive of the province of the jury and error for the court to in- struct that there was no evidence that such other did the killing.
 Appeal from Clarke Circuit Court.
 Heard before Hon. John T. Lackland.
The Montgomery advertiser., 1908-10-18
WARRIOR MFG. co. Y. JONES. Action by Parent for Injury to Minor Child.--( (Decided April Is, 1908

WARRIOR MFG. co. Y. JONES. Action by Parent for Injury to Minor
 ld.--(Decided April Is, 1908.
 46 South, 456.)
 |. Parent and child: employment Of minor; consent of parent-The con- sent of parent for the employment Of a minor may be either expressed or implied from the conduct of the parents; and if minor Is employed for continuous work, itis immaterial that consent of the parents is wanting at the commencement, if 1t be subse- quently given during the employment and before any injury to the minor oc- CUTS.
 2. Same; injuries to child Where the minor was injured, in the absence of negligence of the master, the fath- CT cannot recover if he impliedly con- sented to his son continuing in the employment with knowledge of the dangerous character of the place where the minor was employed; and where the father was informed by the minor of his employment and the father knew of the dangerous character of the place where he was employed and made no objection, but warned the minor, that the place In which he was at work was dangerous, and cautioned him to be careful, this was impliedly a consent of the father to the minors continuance in the employment.
 Appeal from Birmingham City Court.
 Heard before Hon. c, c. Nesmith.
 Reversed and remanded. Opinion by Dowdell, ].
 Tyson, c. J., and simpson and An derson, JJ. concur.
The Montgomery advertiser., 1908-10-18

STALLWORTH, ct al, V. BROWN, ct al. Proceedings to Quiet Title.-(Decided
 April 21. 1908. 46 South. 467.)
 Appeal; orders appealabfe; certificate of verdict from Circuit to Chancery Court.-Where the Chancery Court has certified issues of fact to the Circuit Court for jury trial, as authorized by Sec. SPA Code 1898, an appeal does not lie from the finding of the jury and order of the Circuit Court certify ing the verdict to the Chancery Court, the same not being a judgment from which an appeal will lie under Sec tion 426. of the Codes of 1896.
 Appear from Mobile Circuit Court.
 Heard before Hon. Samuel B. Browne.
 Appeal dismissed. Opinion by Dem son. J.
 Tyson. C. J., Simpson and Anderson, JJ.. concur.
The Montgomery advertiser., 1908-10-18
e @ @ HEALS
 o.0.o. SORES AND ULCERS

  
 
 
  
  S. 
   and ited nhamed flesh the to fill with healthy tissue by supplying with rich blood Book  THE SWIFT SPECIFIC CO.,, ATLANTA GA.
The Montgomery advertiser., 1908-10-18
HALL V. McKELLAR.

HALL V. Bill for Discovery and Accounting
 Decided April 2S.. 190S.-46 South,
 460.) 1. Accounting; jurisdiction in equity. in order to give the chancery court Jurisdiction in equity for an account ing, 1t is only necessary to show eth CT a fiduciary relation between the par ties. or complication, or that a dis covery is necessary.
 3. Equity; pieadingssr veriflcation - It is not necessary that the bill be verified where chancery has jurisdic- ton of an action for an accounting. and the discovery sought is merely incidental.
 8. Same; amendment The failure to verify a bill is an amendabIe defect where the action is for an accounting and the discovery sought is the only ground of equitable jurisdiction.
 Appeal from Lowndes Chancery Court.
 Heard before Hon. L. D. Gardner.
 Affirned Opinion by Simpson. J. Tyson, C. J., and Haralson and Dem son, JJ., concur.
The Montgomery advertiser., 1908-10-18

There are twenty monasteries on Athos, the Holy Mountain, the largest being a Russian one with 1000 monks in it
The Montgomery advertiser., 1908-10-18
DOE FIX DEM. ALABAMA STATE LAND co vs. MCCULLOUGH.
 EFT Al.

DOE FIX DEM. ALABAMA STATE
 LAND co ys: MCCULLOUGH
 EFT AL. Ejectment.-(Decided April 16, 1908.
 46 South. 472.)
 1. Alteration of instruments; effect; patent.-Where the description of land Is inserted in patent after its is- suance and delivery. the title to such land is not conveyed by such patent. 3. Adverse possession; evidences sufflciency-The evidence in this case stated and examined and held not suf- ficient to show such actual possession Of the land for the period required to support claim of title by adverse pos session.
 3. Same: acquisition of title there by.-Actual and continuous possession of the land is essential to the acqui- sition of title by adverse possession, whether with or without color of title. Appeal from Cherokee Circuit Court. Heard before Hon. W. W. Haralson. Reversed and remanded. Opinion by Anderson. J.
 Tyson. c. J.. DowdelI and Mcclel- Ian. JJ.. Concur.
The Montgomery advertiser., 1908-10-18
STATE vs. ALBRIGHT.


 Habeas Corpus.-(Decided April 23,
 190s.-46~ South. 470)
 1. Justices of the peace: nature, of .nfffce---The office of justice of the peace is a public office.
 2. Habeas corpus; indictment pend ing.-Where one is under indictment for an offense and relies upon certain facts as a defense such facts are for the determination of the Circuit Court having Jurisdiction of the person and subject matter, and habeas corpus will not lie to test such question. Appeal from Baldwin Circuit Court. lTIeard before Hon. Samuel B. Browne.
 Reverted and rendered. Opinion by Haralson, J.
 Tyson. c. J.. Simpson and Denson, J. concur.
The Montgomery advertiser., 1908-10-18
WEST V. LOUISVILLE & NASHVILLE
 RAILROAD co.

BlII to Abate PrIvate Nuisance. .--(De- , cided April 16, 1908. 46 South. |,
 469.)
 Basement; private alley: use. e.-- Where complainant and respondent are abutting property owners and jointly hold an easement in a private alley, on a bill to remove an obstruc- tion created by respondent, complain ants purpose. in regard to It's licensee, cannot affect it's right to have the un- obstructed use of the alley as pass age-way.
 a Appeal from Montgomery City Court.
 Heard before Hon. A. D. Sayre.
 Affirmed. Opinion by Dowdell, J.
 Tyson. c. J., Simpson and Anderson. JJ.. concur.
The Montgomery advertiser., 1908-10-18

CITY OF BEsSEMER V. SMITH. Violating Municipal Ordinance. Joe
 cided April IS, 1908. 46 South,
 46f.)
 Municipal corporations: violation of ordinance: appeal by city.-In the ab- sence of authority in the charter of the city or the statutes of the State a city may not appeal from judgment discharging A defendant for the vio- latfon of one of its ordinances.
 Appeal from Bessemer City Court. Heard before Hon. William Jackson. Appeal dismissed. Opinion by Me- Clellan, J.
 Tyson, c. J., Dowdell and Anderson, JJ., concur.
The Montgomery advertiser., 1908-10-18
ALABAMA WESTERN R. R. Co.

ALABAMA WESTERN R. R. Co. ".
 THE STATE, ex rel. ATTOR-
 NEY GENERAL. Bill to Abate a Public Nuisance.-(De-
 cided April Is, 1908. 46 South,
 46S.)
 Municipal corporations; Instructions of streets; bill by State.-A city has not the exclusive right to maintain a bill to abate an obstruction of one of its streets, constituting a public nuis- ance. Such a bill may be filed and maintained by the State.
 Appeal from Birmingham City Court Heard before Hon. H. A. Sharpe. Affirmed. Opinion by Dowdell. J. Tyson. c. J., Anderson and McClel- Ian, JJ., concur.
The Montgomery advertiser., 1908-10-18
Head Notes Of the Decisions
 Of the Alaban1a Supreme Court
Hm MnmM RHgMEmEmHwTmHmEmBmHwHR

Reversed and remanded. Opinion by Mcclellan. J.
 Tyson, c. J., DowdeIl and Anderson. JJ., concur.
Putnam patriot., 1908-10-16
 Made Over Prescriptions

'There Is one loss sustained by dH gists that very few people s' about" said the experienced de That is in the prescriptions that l1 to be made over, the same as ca stenographers. writers and arisis matter how painstaklng. freqEsa have to do their work over The 2 careful drug clerk ili existence lssF to make mistakes sometimes in ns uriug and mixing He may pour much of some kind Of llquld G in too much of a certain powdef most cases the overdose would no' ly affect the value of the medicine
 the conscientious clerk isn't sdas take any chances on mnrdeflhg bo1y, so he throws AWAY tR mixture and makes m anolna scription."- New York Globe.
Putnam patriot., 1908-10-16
The Poor Cannibal.


 A man once went to the circus. Near the main entrance to the circus there was a side show. and a vast and bril- liant oil painting portrayed in all its horrors a cannibal feast-eorpses cook ing over fires. nude natives squatted In circle, holding to their mouths grIrled forearms. hands and such nke delicaciss- \ genuine cannibal. the poster said. was to be seen within.
 Paying dime. the man entered. The cannibai. very lightly clad. sat with crossed legs on divan. languidiy toy ing with a spear. His teeth were filed.
 The visitor was ( man of markedly oeligious temperament, and he gazed at the cannibai with horror
 .Is this really a cannibair' he asked the snowman.
 You bet he is" the snowman an swered. Do you know how he was taptured7 That great living curiosity was captured. sir. in the act of boiling an aged Baptist minister over slow fire"
 Then convert him." the visitor cried. "oh, my friend. why don't you con vert hlmY'
 The snowman made . gesture of dis gust
 .Cenvert himr" he said. Do you think the public would pay . dime . head to see Christian?
Putnam patriot., 1908-10-16
Linked Eyebro~,.

It is popularly believed tba, 1. eyebrows meet 1t indicate. !. Charles Kingsley indorses th,, s.s but Tennyson has other ne., poetically speaks of married n.,
 h Turkey meeting eyebror, D greatly admired. and the von., artificial means to bring the b,o-, this condition. and if art car,~ duce thin eyebrows to grow ,he, ..l up by drawing a black line win ,.1
 It would appear that the Gr,.. } mired brows which almost ue ,1 the fashionable inhabitants of p.1 not only approved of them hus } sorted to pigments to make u, } lack which sometimes existed
 Some proverbs state that the n.
 whose eyebrows meet will alv, have good luck. while othes st,s } actly the reverse. The Chimes
 that people whose eyebrows u' can never hope to attain to the H nifty of minister of state. And Greece of today the man whose hau meet is said to he a vampire. vb5, Denmark and Germany 1t is wa is werewolf.-London Standard
Putnam patriot., 1908-10-16

right if his friends had not heard ol II.
 So John H. has reformed, has he Humph. we'll see They saw him in procession. First he met one old ehum. then another, and 1t never dawn ad upen him that is was conspiracy.
 The first night that John H. reached home after he had made that promise to his wife it was very late, or, rather. if was very early In fact. 1t was early morning. He took off his boots, man. aged to hang his hat up and walked softly into the room where his wife slumbered. So far all was good. He divested himself of his coat. and just as he was hanging it on the gas bracket his wife woke up.
 "Why. John. she exclaimed. what on earth are you getting up so early for?n
 This was a poser. but John was equal to the occasion.
 That's all right" he said. You know I've reformed. Mary. an there's lots of people I've got to see early in the mornin'"
 And he deliberately put on his coat and boots. found his hat and went out again. while Mrs. H. turned over with fiendish chuckle and went to sleep.
Putnam patriot., 1908-10-16
The Drawback.


 Beardman was writer of plays. ultimately fairly well known in his day For nearly twenty years he struggled and fought his way along without meeting with any very pro nounced success. each play in turn proving more or less of a failure At last, however. he produced play that really caught the public taste. He and the famous Sheridan happened to be present together on the opening night All went well. Success followed sue cess. and applause greeted and ended each scene. At the end of the second act Beardman's elation got the better of his discretion. and leaning over to- ward Sheridan--as usual. too witty to he merely sympathetic-he exclaimed:
 Sheridan. Sheridan. it's going to be success, a complete successr'
 "Ah. yes. murmured Sheridan. with exquisite compassion in his voice. too bad. too badr'
 Too badf" stammered his friend. completely taken of his guard. Why. too had that il should prove a success 2"
 Because now" retorted Sheridan. n take you another twenty years to convince any one you wrote it"
Putnam patriot., 1908-10-16
tThe Scrap Book
lt Dared Beeeher.

Among the financial friends of Henry Ward Beeeher was one old broker In New York. an aggressive Unitarian. which sect he often said bore "the trademark of honesty" One day he met MT. Beecher hurrying toward Wall street ferry to avoid the down pour Of sudden rainstorm. Take my umbrella" said the broker "l don't need it. The coming bus takes me to my door" At the ferry Mir. Beecher met Presby lady, n prominent worker of sister church, who having no umbrella, was lament ing her inability to reach her cnr safe ly. The urbane preacher forced the umbrella upon her as he said. T will be out your way tomorrow and will call and get 1t" But the great ex- pounder of truth and honesty was mortified when upon opening the um- brella the good sister at once discov- cred a pasted slip upon which was written in a bold round hand, "Stolen by some Presbyterian thief!'
Putnam patriot., 1908-10-16
He Failed to Pass.

General Benjamin F. Butler was one of a commission to examine young ap- plicants for admission to the bar. and b4fore him came youth who failed miserahly on all that pertained to tur- isprudence. case law, civil law. sump- tuary law. unwritten law and Cue process Of law. Finally Butler. Who rather liked the chap and wanted to see him through, asked; What would you like to he examined in; You have failed in everything we have sug- gested"
 The reply came. ''rry me on the statutes I'm up on them"
 Butler shook his head solemnly. "My young friend" he said. I'm afraid YOU won't do. You may be ever so familiar with the statutes, but what Is to prevent fool legislature from repeating all you knowf'
Putnam patriot., 1908-10-16
His Clever Scheme.


 The man with the large head and the protruding eyebrows stepped into the cigar emporium.
 Give me the poorest cigar you've got"
 Five or ten centerY" aueried the man behind the showcase.
 "l don't know whether you're going to give me q five or ten center. I'm going to give you a dime. Remember, now. the poorest cigar In the place"
 The clerk handed out box, and the customer selected one, calmly lighted 1t and puffed euriously. Then he left. with an air of supreme satisfaction.
 "Ah, this tastes goodr' he muttered on the outside. II knew my little scheme would work. The fellow gave me the best cigar he had in the store
 The cigar dispenser on the inside so- liloquized:
 .I just took that old codger at his word. handed him box of three for a nickel."-Lippincott
Putnam patriot., 1908-10-16

which s350,0Oo may be considered real increase to the vital assets of the city. Census Bureau figures show that the average annual death rate from ty- phoid in cities with contaminated WA ter supplies was reduced from 69.4 per 100000 to 19.s by the substitution oi pure supplies.
 Dr. Kober cited estimates showing that the average length of human lie in the sixteenth century was between IS and 70 years, and that at the close oi the eighteenth century II was itttie more than 70, while today II IS De tween 35 and 4o; indeed the span oi life since 1880 has been heightened about six years.
Putnam patriot., 1908-10-16
A Rhymed Weddinq.

According to the Mexico IAas John Stobie. Wellston masis-,l united negro couple with thIs csI meny:
 Jim. will you take Bet
 Without any regret
 To love and to cherish
 Till one of you perish
 And is laid under the sod.
 So help you God? Jim having given the usual asru tive answer. Judge Stobie turned Bet:
 Bet. will you take Jim
 And cling to him, id
 Both out and ia.
 Through thick and thin
 Holding him to your hear,
 Till death do you part2 Bet modestly acquieseed. md newly married couple were dlsmss with this benediction: Through life's alternative Joy and r' I now pronounce you man and wife Go up life's hill till you get to the sss And salute your bride, you dusky dssA
Putnam patriot., 1908-10-16
Walkina S,,-L

The sixte.sth ceurg-r
 which the walking sfiet aai merely a ussful implemen. @ s ticie of fashion. dignitv ~ A In the seventeenth century !, $. headed and made Of rara q WAS a sign of leaeerShin
 For long period tbera variety among Eugiishrnan = teriai used for the majoritr as ' = } sticks The "oaken towai = pleasantly termed when an .s to be rubbed down. saarss ! ity with the crab tree eud.., among rural folk especiallv
 valued and classic from ths . U as "Hudibras." when With many a stiff fhwack
 Hard crab tree on old iron rssw |,
 Classic. too. is that sfant o.. which sturdy Dr. Johnson - Knox. "neyer feared the faee !. man." provided himself with V. went to the pit of the little th.... the Eaymarket In full view 2, r' who had announced his in,s.. taking him of" on the stag. !. tention which in view of ths -. did not carry into effect-Gep,,.- Maga zine. .'--sl
Putnam patriot., 1908-10-16
History Ia July.

In at least four aliniries perhar most important event ih the'r as'- was recorded iu .iuly- namely v tabliShmpnf of their in rpendebcS our own history We have t'e ~s ble Fourth of July. while the ps'H efforts of the nteraior simon pen for the independence oI Nepe' were consummated an July .. e"'. ridding herself of tlte spanish s~s July 20. Then there is frane1' her July IA. marking the oaV
 the suffering French peol'ie 4" the famed and fearsome Raslihe ! Spanish forces nj Sauuaso' e
 pitulated on July l6.
Putnam patriot., 1908-10-16
THE LIoHr.

A tender child of sNmmers three. eeek- ing her bed at night.
 Paused on the dark stair tiinidiy. "Oh. mother. take my hand" said she. And then the dark will be all light We older children grops our wny From darh behind to dark before. And only when our hands we lay. dear Lord. in thine the night Is day And there is darkness nesermore- Reach downward 10 the sunless days wherein our guides are blind as we And faith Is small and hope delays. take thou the hands of prayer we raise. And let us feel the light of theel
 Whittier.
Putnam patriot., 1908-10-16
The Sultan Forced to Eeonomiue.

The American Board has received despatch from Gonstantinople, from one of its experienced representatives there, speaking in enthusiastic terms of the way in which the New IurR party is handling the situation. The correspondent says:
 "Eeonomy Is the watehword of the hour It Is commonly reported that out of 3s0 aides tie camp, who were personal attendants upon the Sultan' only go remain. Out of sOo cooks in his palace all but i7 have been dismiss ed. His stud farm has been broken up and the horses turned over to the army. His priv ate theatre, within the precints of his palace, has been closed, and three clowns. who receiy ed each one hundred Turkish pounds a month, have been dismissed. Some 29 mansions and pa lsccs in and about Constantinople, and various estates throughout the provin- ccs, whose revenues went directly to the Sultan, have been given up to the state. The League of Union and Pro gress, the most influential unofficial body In the empire, and representing the party in power, is sending agents civil, military and rcligious--through- out the provinces to enlighten the pub lie mind on the situation and to call for fullest co.operation.'
 The writer adds that American col- leges and schools in the empire are hii- ed to overfiowing. He states that the children of all classes and nationaiities and religions are coming without fear, to such an extent that the capacities of these schools are wholly inadequate to receive all who apply, there being nei- ther room for the pupils nor teachers to teach them.
 T.e officers of the Anne rican Board say that the situation is wholly unpre- cedented in it's mission work.
 A Presbyterian minister in Nevada, Mo, was found guilty of higamy and sentenced to three years in the peni- tentiary. He admitted the charge on being confronted with four of his wives. His excuse was that hts memory WAS bad and he could not always remember whether he was married or not.
 Earthquake shocks were felt at the weather bureau on Monday and Tues day. The survey announced that they apparently originated goo miles away to the southwest, and may have been in the Pacific or oil the Mexican coast. On Tuesday, in the West Indies, very strange weather prevailed on many of the islands. like dust mist-some- thing like the dust falls that occurred sl the eruption of Mount relee.
 Those who were willing to get up In the morning al s o'clock Monday and Tuesday could have seen the eonjune- ton of Jupiter and Venus with the naked eye. A new comet, just diseov. cred, is said to have lost sts fiery tail, but an American Professor al the smith Observatory, claims he saw the tail on Monday night with a 10 inch telescope,
Putnam patriot., 1908-10-16
A Famous Year.

If is contenaed that the yes' gave more celehrities and fFfs genius to the world than an' year of the nineteenth cen'af' those who were born Ill spa' ra1 ble year were Abraham l.inso'a Allan Poe. Oliver WeDdei " William Ewart Gladstone. eas' win. Lord Houghton. Alfred len. Edward Fitzgerald. Proiess@ s Y Mary Cowden Clarke aud fs''' deISsOhn.
Putnam patriot., 1908-10-16
Love.

Love.
 Think what 1t is not to hate any thing but sin. to be full of love to every creature. 70 be angered at noth ing. to l.e sure that all things will turn to good, not to mind pain because 1t is our Fathers will to know that noth- ing-no, not if the earth was to be burnt up or the waters come and drown us-nothing could part us from God, who loves US and who fills our souls with peace and joy. because we are sure that whatever he wills is holy, just and good.-George Eliot
Putnam patriot., 1908-10-16
Progress.

Let us. then. be of good cheer. From the great law of progress We may de- rive at once our duties and our en- couragements. Humanity has ever advanced. urged by the instincts and necessities implanted by God, thwart- ed sometimes by obstacles which have caused 1t for time-a moment only in the immensity of ages-to deviate from its true lines or to seem 10 re- Treat, but still ever onward.-Charles Sumner.