davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1908-09-15
AND ASSOCIATES
 SPEAK IN BIRMINGHAM

Birmingham, Sept. 14.-Thomas l.. Hisgen. nominee for President; John Temple Graves. candidate for Vice President; William Randolph Hearst and other leaders of the Independence party. were greeted by large crowd at the Hippodrome tonight.
 MT. Hearst was the first speaker. and in his address. which was. fre- quently cheered. he reviewed the causes for the formation of the Inde- pendence party, severely attacked the old parties and charged William J. Bryan, the Democratic nominee, with bad faith with the peoples interest.
 MT. Bryan is the prestidigitator of modern politics. he said. He can manipulate the shell game So the free silver ball and the Government owner ship ball are not under the shell the voter thinks. He Is a ventriloquist who can say something in one voice one place and something else in an- other. He is the man who can per form all kinds of juggling feats, bal ancing August Belmont. the labor union breaker, on one hand, and Sam uel Gompers. the labor union leader, on the other. He can denounce the Standard oil and put c. N. Haskell. the man who was convicted in the courts of being the Standard Oils right bower. into the position of treas urer of the National Democratic Com mittee. He can turn about in his own integument so fast that you can't tell which way he Is going.
 MT. Bryan says I am trying to elect Mir. Taft President. I deny that. I have at last found honest leaders and I am trying with all my might to elect Hisgen and Graves.
 What can the lRboring man expect from Taft or Bryan. Bryan charges that the Republican platform is silent on the injunction matter, and Taft says the courts will not sustain legis- lation enacted under the Democratic plank. I believe Mir. Taft speaks with authority, because that is the way he ruled when he was on the bench.
 The Independence party took its first step when Tn omas Jefferson wrote that all men were entitled to life, lib- erty and the pursuit of happiness. The next step was when Jefferson formed the Democratic Republican party to preserve equal rights. The next was taken when Jackson formed the great Democratic party to resist the en- croachments of predatory wealth. Lin coin took another step when he gave people. The last step. taken is the formation of the Independence party, which comes to the rescue of the peo- ple's rights and seeks to resist the continuance of old parties which have betrayed the peoples trust at every turn. It will finally succeed
The Montgomery advertiser., 1908-09-15
SPECTACULAR ATTEMPT AT
 MURDER AND SUICIDE

Memphis. Tenn. Sept 14--A spectac- ular attempt at murder ad suicide, occurred at he crowded corner of Mon roe and Third Streets at o'clock to- night. when Nose Cook. 45 years old. an insurance clerk. shot three bullets into his wife and attempted to kill himself With the revolver In his mouth and repeatedly pulling the trig- ger. his life was saved only by the fact that all of the cartridges had been exploded. The man cooly started to re- load the weapon when a bystAnder seized club and felled him to the pavement.
 Mrs. Cook was taken to the hospit- al and died at 10 o'clock tonight. a The tragedy was witnessed by hun drcds of people.
The Montgomery advertiser., 1908-09-15
NOMINEE IGNORED
REORGANIZATION AT DENT HOME
 LAST NIGHT.
Down Town Friends of Hon. $. H. Dert Rendered Him . Reception und serenade, With
 Speeches.

hon. S. II Dent, nominated for Con- sress m Saturdays primary. was given q serenade and an impromptu recep- tion at his home in Cloverdale Monday night The occasion was In charge of a number of friends who enlisted the services of the Montgomery City Band ana made trip to the Dent home on Fielder Street
 ;, A number of Mir. Dents neighbors 1oiued in the celebration. The band caught the II o'clock car for Clover dale and for two hours there was no sleeping on Fielder Street. Considers ble enthusiasm has been felt by his sup porters at Mir. Dents victory in the primary. and the occasion was planned by his downtown friends to give vent to the suppressed enthusiasm,
 The band deployed on the Dent lawn and struck. up the liveIiest music they Knew. There were cheers. more music and a-demand for speeches. The crowd insisted on hearing from, the success full candidate. Mir. Dent from his yer andah delivered a brief speech of thanks. He voiced his gratitude, not only for the demonstration his friends and neighbors had given him, but he thanked them as well for theft zeal and untiring work in his behalf In the campaign which had just closed.
 Former Mayor John c. Crommelin, contrary to his usual custom, made q brief speech in which he paid high tribute to MT. Dent. Phares Coleman praised the character and attainments of Mfr. Dent, and spoke of the splendid fight he had made against overwhelm- ing odds Captain Phfl Stern was called upon for few remarks and he occupied for short time she speakers place on the verandah. and Alderman w. w. Seidie submitted a few re- marks.
 A. special car was held for the crowd and 1t returned shortly after midnight.
The Montgomery advertiser., 1908-09-15
SCHLEY MENTIONED
SAID TO BE SLATED FOR SECRE-
 FAIRY OF NAVY.
MT. Bryan Evades Question saying He ir an Admirer of the Admi- raj Who Was Treated
 Unfairly.

Baltimore. Sept. 14.-w. J. Bryan was asked today in regard to the printed rumor that If elected he would appoint Admiral Schley Secretary of the Navy.
 ''No one has asked me about the matter and I have not talked with any one about it." he said. The story. therefore. was. absolutely imaginary.
 "Whfle I am an admirer of Admiral SchIey and feel that he was unfairly dealt with, have not thought of pick ing out any Cabinet officers before the election.
 Were to announce that any one would be called on to select the rest of the Cabinet and each State with a fayorite son would feel that 1t should state my preferences"
The Montgomery advertiser., 1908-09-15
No s444.
244A.
 NOTICE TO CREDITORS
OF FIRST MEETING.

OF FIRST MEETING. In the District Court of the United statsS For the Middle District of Alabama. In Bankruptcy. In the matter of Jim HawklnE Bank rupt. Post Office Montgomery. County Montgomery. Alabama.
 The aforesaid party having been ad1udg- ed a bankrupt. under the Act of Congrass entitled "An Act to Establish a Uniform System of Bankruptcy Throughout the United States" approved July 1st, 1898, Q meeting of the creditors of said Bankrupt iB called at the office Of the undersiRned Referee. in the United states Court House. Montgomery. Alabama, on the 2sth day of September. next. at 10 o'clock A. M to make proof of debts and for the election of a Trustee. and such other matters as are necessary and required by the Act of Congress aforesaid
 ASA E. sTRATTON.
 Referee. Montgomery. Ala. Sept 14. 1908
The Montgomery advertiser., 1908-09-15
Milking MT. RockefeIIer.

ATkdnSdS IALeIIe,
 In the statement of the resources of the school fund Is this item
 Anti-trust fines .Ss755. 25
 Mir Rockefeller, the greatest of trust magnates has taken much interest In edu- cation. Many millions of dollars has been given to various universities and other in stitutions But Arkansas has a sort of short circuit arrangement by which the current of MT Rockefeller's wealth is in some small degree shunted into the com mon school fund without ever leaving the State This magnAte must get some con- soation from knowing that hls involuntary contribution to the revenues of Arkansas will be used for educational purposes.
The Montgomery advertiser., 1908-09-15
NOTICE TO CREDITORS
OF FIRST MEETING.

Tn the District Court of the United stateA For the Middle District of Alabama In Bankruptcy
 In the matter of s. J Gold Bankrupt Post Offiee Montgomery, County Montgomery Alabama
 The aforesaid party having been adJudg- cd bankrupt, under the Act of Congress entitled "An Act to Establish a Uniform System of Bankruptcy Throughout the United States" approved July 1st, 1895, a meeting of the creditors of said Bankrupt is called at the office of the undersigned Referee. in the United States Court House Montgomery. Alabama, the 24th day of September next at 10 o'clock A M to make proof of debts and for the election of 8 Trustee. and such other matters as are necessary and required by the Act of Congress aforesaid
 ASA 2. sTRATTON.
 Referee. Montgomery. Ala. Sept 10. 1908
The Montgomery advertiser., 1908-09-15
FATHER OF GOV. SMITH
 IS DEAD IN ATLANTA

Atlanta. Ga, Sept. 14.-H. H. Smith. father of G6vernor -Hoke Smith. of Georgia. and one of the best known ed- ucators in the South. died at his home in this city today. He was a native of New Hampshire. and had lived in va rious California cities. in Baltimore. and parts. of North Carolina. l1r. smith came to Atlanta about fifteen years ago. He was SS years old.
The Montgomery advertiser., 1908-09-15
2443.
 NOTICE TO CREDITORS
OF FIRST MEETING

In the District Court of the United States, For the Middle District of Alabame-In Bankruptcy.
 In the matter of Robt Coles. bank rupt. Post Onrice Montgomery. County Montgomery. Alabama.
 The aforesaid party having been adjudged a Bankrupt. under the Act of Congress en- titled An Act to Establish Uniform SyB- tenn of Bankruptcy Throughout the United BtateB." Approved July 1st 1898, meeting of the Creditors of said Bankrupt is called at the ohaee of the undersigned Referee. in the United States Court House. Montgom- cry. Alabama. on the 2Sth day of September next, at 10 o'clock A. NJ. to make proof of debts and for the election of a Trustee. and such other matters are necessary and required by the Act of Congress aforesaid.
 ASA p. STRATTON,
 Referee. Montgomery. Ala. Sept If. 1908.
The Montgomery advertiser., 1908-09-15

set apart constituted all the real prop erty owned in this State by the de- stead was at the time less in value than the amount exempted by law. was sufficient in averment to show insoi- vency under Section 206s. Code 1ss6, and did not show a fee in the wife In the land, but at most only life estate in the wife. which left com plainant without any interest in the land at her death. Such bill was fn- sufficient also to show an absolute title in the wife under the provision of Section 2o7i. or POST or 21oo Code. 1896.
 Appeal from Geneva Chancery Court
 Heard before Hon. l.. D. Gardner,
 Affirmed. Opinion by Denson. !,
 Tyson, c. |. Haraison and Anderson. JJ., concur.
The Montgomery advertiser., 1908-09-15
Head Notes of the Decisions
 ofthe Alabama Supreme Court

objectionable. especially as the court instructed the jury that the remarks
 were not intended for them.
 3. Same: harmless error: ruling on
 evfdence--Where the Identification of the rock offered in evidence was q question for the jury. and the court limited Its introduction to a matter of comparison with the rock taken from defendants pocket a witness having
 testified that 1t looked like the same
 rock and was about the same size, It's admission was not prejudiciai to de- fendant.
 |. Witnesses; impeachment; evidence;
 as to character--It is competent to in- troduce evidence as to witness's gen.
 to sustain such witness whore im- peaching evidence as to such witness Is offered. 5. Criminal law; trial: argument of counsei--It is improper for counsel to argue that a defendant has been forced to trial, and the court properly arrest ed such argument.
 6. Same: limiting number of argu-
 ments-It is within the discretion of the court as to whether 1t will allow more than two arguments to the side.
 and not error to limit the defense to
 two arguments where the State has but two.
 [. Homicide trial instructions:
 murder in the first degree; self de- fense-Charges, 1. 2, 3, 6. 8 and given
 at the request of the State. examined
 and held to be free from preJudtciai error.
 Appeal from Gadsden City Court. Heard before Hon. Alto V. Lee. Affirmed. Opinion by Dowdell, J.
 Tyson. c J.. Anderson and Mcclellan. J, J.. concur
The Montgomery advertiser., 1908-09-15
RUsTIN's HAT FOUND.
It Was Hanging in Hallway of Rustin,u
 Home

Omaha, Neb.. Sept. 14.-Detectives to- day found the hat worn by pr. Fred erfck Rustin. the night he was shot. It was found hanging in the hallway of the Rustin home. It Is a fiat. pliable straw with a turned down peak How the hat got on the hook at the Rustin home. no person there could say.
 T cannot tell you how the hat got there" said Mrs. Rustin. "I had not time to think of such a thing the night my husband was shot,
 It was suggested by her that the maid might have hung the hat on the nail where 1t was found. but Mrs. Rustin stated the maid had not seen the hat and had not known 1t was there. There was nothing to indicate that it had not been hung where it was found since the shooting, and no person at the Rustin home knew of it being touched since that time.
The Montgomery advertiser., 1908-09-15

Mrs. AbbIe Rice who is still held at the police station. identified the hat as the one worn by pr. Rustin when she left him three hours before the shooting. She was sure there could be no mistake. It has been turned over to the county attorney. No bullet hole was found in it.
The Montgomery advertiser., 1908-09-15
AIabama Post Oaicen.

Washington. D. C., Sept. 14-lSpe. ciaI )ZJohn M. Byron appointed regu- lar, Henry Billingsley. substitute, rural carrier. Route No. at Sterrett.
 Effie Patterson appointed postmiS- tress as Epes, Sumter County.
The Montgomery advertiser., 1908-09-15
WATSON V. THE STATE.

Murder-tDecsded April 9. 19oS-4s
 South. 232.)
 1. witnesses; impeachment; accusa- ton of crime-The fact that witness Is under indictment for assault with intent to murder may not be shown for the purpose of impeachment and Is otherwise irrelevant.
 2. Criminal law; trial-The fact that the court said to the witness: You need not answer that question" and to counsel. 'I doa mot like to hear as intelligent counsel as represents the defendant. ask such a question. They know, or should know, that the mere fact that the witness has been indicted for an assault with intent to murder in no way impeaches such witness. and such evidence Is not relevant, was not prejudicial to defendant. and was un-
The Montgomery advertiser., 1908-09-15
COTTON RIDERS ACT
ARKANSAS FARMERS TOLD THEY
 MUST HOLD.
rrowerr are Threatened and Much Anxiety fs Felt---Wagcns Going to Market are Turned
 Back.

Memuhts. Tein.. Sept. 14.--A special to The News -Scimitar from Jonesboro. Ark. says:
 Night riders are organizing In Northeastern Arkansas. it Is reliably reported. for the purpose of reducing the cotton acreage for next year, ana compelling the holding or this year cron for the minimum price set by the International Farmers Union conven- fion which met at Fort Worth recently.
 Three farmers in Craighead county ana one in Poinsett County, have been threatened by a band of riders and considerable anxiety is felt by the cot ton buyers and ginners
 Early today a farmer on the road with cotton to Lake City Tor market ing was turned back by a band of twenty men on horseback with orders to hold his cotton for the minimum Drice.'s
The Montgomery advertiser., 1908-09-15

Since under Section 1921. Code 1ssss> re- corded Judgments operate as liens only upon lands situated in the county where recorded. a bill by Judgment creditor to redeem land from mortgage must aver that the land is situated In the county where their judgment is recorded. as their right to redeem Is dependent upon their lien.
 2. Pleading; conclusion of pleader.- An averment that lands are subject to lien created by Judgment fs the allegation of a mere conclusion and insufficient. -
 Appeal from Marshal Chancery Court.
 Heard before Hon. W. H. Simpson.
 Reversed and rendered.. Opinion by -Dowdell. J..
 Tyson, C.. J.. Anderson and Mcclei- Ian. JJ., concur.
The Montgomery advertiser., 1908-09-15
Not in Union,s Name.

Little Rock, Ark. Sept. 14.--Re1arn- ing the appearance of night riders. thought to have been members of the Arkansas Farmers Union, at Lake City, near Jonesboro. Ark. Thursday night, R. H. McCul1och. of Beebem. Ark. chairman of the Executive Con- mittee Of the Arkansas Farmers Union and Secretary of the national organi- zation of the union, tonight gave out the following statement:
 T have heard of no movement on the part of the union farmers in Ar kansas to take to night riding, and was greatly astounded when I read an account of night-riding in Mississippi. However, some of the union farmers are sore over the way in which the condition of the cotton crop in Ar kansas has been mfsrepresented by cotton men who desire to keep the price down. and who are claiming a big crop ahead, whereas, such is not true. and would not be surprised if some of these people adopt drastic measures. However, anything in that line is not done in the name of the union. The union has authorized no such movement or measures, or at least if so, I have heard nothing of it."
 He declared that the union would not stand for any destruction or dam aging of property.
The Montgomery advertiser., 1908-09-15
MaowAN V. COLLINS.


 Assumpsit-tDecid April ', 190s.--46 South, 22s). Bills and notes; signature by mark; i; validity--Section 1, Code 1896, has no application to the execution of prom issory notes. and note executed by an ilIiterate promissor. by mark, is suffi- cient. and need not be attested, although his name Is written by the payee of the note.
 Appeal from Marion Circuit Court Heard before Hon. c. P. Almon. Reversed and remanded. Opinion by Mcclellan, !.
 Tyson. c. J., Dowdell and Anderson, JJ., concur. GREENWOOD ct al. V. TRIGG- -DOBBS
 6 co. Bill to Redeem Lands.-(Decided April g, IS0S.-46 South. 227). l. Mortgages; redemption by judg- ment creditor; pleading. suniciency.-
The Montgomery advertiser., 1908-09-15
Ntnht Riders Active.

Columbus, Miss, Sept 14-(Speciai.l Although 1t has not become general ly known the night riders" are ma king things warm in Wayne County. Miss.
 reliable report from Shubuta. Miss, in this county, about thirty -hve miles south of Meridina on the Mobile and Ohio Railroad. states that the riders" notified three of the largest planters in that section that their gins must close down under penalty of slth- CT death to themselves or the burning of their ginneries
 Another report comes from West Point, Clay County. Miss. twenty miles west of here. that the West Point mili- fary company has been ordered to De ready to leave their armory upon in stant orders from the Governor. These orders were issued last saturday, so 1t is said. and they also contained in- formation that their service was to be used in connection with suppressing the night riding" throughout Missis- sippi
 As far as t:-is part of the State Is concerned. there has been no intima- tion of trouble along these lines and the gins are as busy as they can be every day.
The Montgomery advertiser., 1908-09-15
WESTERN UNION TELEGRAPH
 COMPANY " AnAMS

Action for Damages for Delay in De-
 livery of Message.-(Decided April
 g. -1s0s.--46 South. 22S).
 Telegraphs and telephones; delay in delivery; actions on contracts.--The recipient of telegram cannot main- tain an action on the contract for a. failure to promptly deliver a telegram where the sender did not send the message as the agent of the recipient, since the pecessity is upon the plaintiff in such>a case to allege and prove a contract to which he is a party or priyy.
 Appeal from Clay County Court.
 Heard before Hon. W. J. Pearce. Anderson, J.
 Tyson. c. J., Dowdeli and Mcclellan, u. concur.
The Montgomery advertiser., 1908-09-15
pozIER ' THE sTATE.

Violating Revenue Law. - (Declded
 Feb 13. 1906--46 South. 9a.s
 l. Commerce: regulation; license.-A nonresident corporation. by solicitors travelling in this State. obtained or ders for the enlargement of photo graphs. which order stated that the purchaser ordered a'portrait unframed. but that the portrait was to be de- iivered in an appropriate frame, which frame the purchaser was at liberty to take at factory prices. Held. That If the frame was sold when the portrait was delivered in 1t, the sale was made and completed at the place Of delivery. after the frame came into the State, and hence, 1t was intrastate and not interstate commerce. for which the so- licitor was liable for license under the provisions of General Acts 1907, D. 469.
 ?. Constitutional law; privileges or imrnu nity.-The act of March [, 1907, Sec IT, General Acts. 1907, p. 46sj. is not in conflict with the Constitution of the United States as discriminativ In favor of merchants having a per- manent place of business within the State as against merchants residing without the State.
 3. Exceptions, bills of; construction. A bill of exception is always con- strued most strongly against the party excepting.
 Appeal from Montgomery City Court
 Heard before Hon. W. H. Thomas.
 Affirmed. Opinion by Denson, J.
 Tyson, C.. J., Anderson and Mcclellan, JJ.. concur.
The Montgomery advertiser., 1908-09-15
woHL V. FIRST NATIONAL BANK OF
 GADSDEN. --

Garnishment.-(Decided April 9, 1908.
 46 South. 23I.)
 l. Garnishment. subject of garnish- ment; negotiable paper While a 1e- gotiable note is current as negotiable paper and subject to be transferred to a bona fde purchaser without notice and before maturity. the maker of the note is not subject to garnishment, nor chargeable as a garnishee of the orig inal payee of the note.
 2. Same; proceedings to enforce; an- swer of garnishee.-The answer of a garnishee which showed that the note was negotiable arg had been endorsed by the origina! payee and was not in his possession, is a sufficient answef of no indebtedness and does not au4 thorize a judgment against the gar- nishee on his answer under Section 2I91. Code 1896. -t ssa
 Appeal from Gadsden City Court. {
 Heard before Hon. John H. Disque. 4i
 Reversed and remanded. Opinion by Anderson. J.
 Tyson, c. J.. Dowdell and Mcclellan. JJ.. concur. ves
The Montgomery advertiser., 1908-09-15
THOMPSoN V n,NEII.I. A Co.

If1ONlf SUN VI ONbIIII U OO. Breach of Warranty of Saie.--(D
 ed April 14, i90s.-46 South. 229.)
 Sales; breach of wnrranty.-Where the contract of purchase provided that if the range did not bake and cook well and give satisfaction, the seller would refund the purchase money and pay the freight, a failure either to cook well. bake well or give satis- faction. entitled the purchaser to have the purchase money and freight re- funded. and 1t was not necessary to a breach of the contract that the range quirements.
 Appeal from Jefferson Circiuit Court.
 Heard before Hon. A. o. Lane.
 Reversed and remanded. Opinion by Mcclellan, J.
 Tyson. c. J.. Dowdell and Anderson, JJ., concur.