davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1908-08-15
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sTAFFoRD V. THE srATE.

STAFFOItD V. THE STATE Disturbing Religious Worship. Joe
 cided Feb. 6. 1908 .--45 South, 6iSl
 i. Courts; prescribing rules; author ity.-Under Section IA. local acts, lsoe- 01. D. 129s. the court has authority to adopt a rule providing for the call ot the criminal docket every Monday morning during term time and that misdemeanor cases shall be called on the first Monday after arrest at a m. :. at which time demand for jury must be made.
 2. Jury; righe to jury trial; demand Under Local Acts 1900-01. p. 129S, ana the rule of the court made in pursu- ance thereof. requiring the call or misdemeanor cases on the first Monday after the arrest at a. m, when demand for jury trial must be made, defendant who fails to demand Jury trial until p. m. of that day forfelts his right to A trial by jury.
 3. Disturbing public assemblages; re- ligious worship: evidence Where the disturbance was alleged to have been an assault committed by the defend- ant, evidence of the character Of the blow struck. was admissible as bear ing on the question as to whether or not 1t was calculated to disturb the congregation.
 4. Same Where a witness stated LHdl hc di0 ttOt AEdT tildI Ic4AG iChS WI vice was to be held at the celebration, which was a Christmas tree celebra- ' tion. 1t was proper. in a prosecution for disturbing religious worship, to show that the preacher stated wh en announcing the celebration. that he would be present and open the services with religious exercises.
 5. Same; statute; elements of of- fense Section 4654, Code 1898, pro- fRCtG from dfef1arhanno assembly, for divine worship, not only while as- sembled, but while assembling and dis perslng.
 6. Same; nature of worship Under Section 4654,e Code 1896, the nature or form of worship is immaterial. it being sufficient if the exercises were intended to celebrate the birth, life, death, or resurrection of Christ. and in commem- l oration of the beginning of the Chris tian era.
 z. Same; Christmas celebration--One who wilifully commits an assault, not in self-defense, while the people as- semble at a Sunday school Christmas tree entertainment. at which there had been prayer, singing and Scriptural talk by the minister, are being dis missed. Is guilty of violation of Sec tion 4654. Code 1896.
 s. Same; intent Tt is immaterial | whether there Is an intent to disturb or not if defendant willfully committed an assault, not in self-defense, and without lawful excuse, the consequence of which was to disturb the assembly. and if the assembly was disturbed by his actions he was properly convicted under Section 4654.
 Appeal from Gadsden City Court. Heard before Hon. Alto V. Lee. Affirmed Opinion by Anderson, J. Tyson C. J. Simpson and McClel- Ian, JJ., concur.
The Montgomery advertiser., 1908-08-15

very eminent exponent of Republican principles who is expected to go abroad as an ex-President very soon after March 4 of next year?
The Montgomery advertiser., 1908-08-15

wetumpka Automobile Schedule, Leave Pickett Springs for Wetumpka a. m., a. m., II q. m, P. m., 3 D. m., 6 D. m., p. m. 2t.
The Montgomery advertiser., 1908-08-15
TONNES V. DALLAS MANUFACTURE
 ING CO


 Action for Injury to Employe-(peci
 ed February s. 1908. 45 South.
 696.)
 1. Pleading; afnendment--Subject to the rule that the form of action be not changed or a new cause of action sub stituted. nor working an entIreschange of parties. a complaint in civil action may be amended at any time before the cause is submitted to the jury.
 2. Same; amendments; relating back; effect as to limitation.--Where the original complaint Is not barred by the statute of limitation, amendments within the lis pendens, made after the period of the bar. relate back to the filing of the original complaint and age mot subject to the bar of the statute. Appeal from Madison Circuit Court. Heard before Hon. D. W. Speake. Reversed and remanded. Opinion by Anderson, J.
 Tyson. c. J., Haralson and Denson, JJ., concur. sS Dowdell, Simpson and Mcclellan. JJ., dissent to the holding that the amend- ment was within the lis pendeps.
The Montgomery advertiser., 1908-08-15

A new political party may not be able to point with pride" but 1t al double dose of view with alarm. "- Augusta Herald.
The Montgomery advertiser., 1908-08-15
Head Notes Of the Decisions
 Of the Alabama Supreme Court

verdict was reached by -auctient method.
 Appeal from Birmingham City Court :.
 Affirmed. opinion by Mcclellan. !. Tyson, c. J.. Dowdell and Anderson. JJ., concur. L..
The Montgomery advertiser., 1908-08-15
For Girls and Young Women Ward Seminary. Nashville. Tenn.

44th year. Seminary and special aour- sea Conservatory vf music STRONGEST FACULTY IN THE SOUTH. 17S boarding puplla Complete appoint mentS City advantages. Beautiful campus for outdoor sports Delightful climate. For circulars address
 ,. D. BLANTON, IT. D..
 President
The Montgomery advertiser., 1908-08-15
wRAY ". THE STATE. Miirdar-(nacIdAd EtahrnarY 1l

w RA1 ". Murder-(Decided February 6. 190S.-
 45 South. 697.) <
 1. Witnesses; constitutional provis- ion; right to examine:-under the pro vision of Section 6. Constitution. 1901, the defendant has constitutional night to cross-examine opposing witnesses
 ?. Witnesses; examinations evidence at preliminary hearing;-The right to no application in the matter of dying declarations. nor where, in a previous investigation, in the preliminary prose- cution, the opportunity to cross.exam. inc a witness was given. when such witness has passed without the Juris- diction of the trial court or has died or become incapable of giving his tes- timony.
 3. Criminal law; witnesses: permit ting dangerously i'll witnesses to testi- fy.--Under the facts as set forth in the opinion in this case 1t is held that ac- cused was deprived of his constitu- tional right to be confronted by wit- nesses against him, since he could not be required to cross examine the witt ness offered on account of the danger ous physical condition of the witness. and that to permit the State to ask such witness any question material to the prosecution was error.
 4. Constitutional law; due process of law; right of trial by jury.--Local Acts, 1sO4-5. D. 425. In It's provisions in reference to the drawing of juries for the trial of capital cases is not viola tive of Section 6, of the Constitution of 1901. 'rs' .-
 Appeal from Jefferson Criminal Court.
 Heard before Hon. Dan A. Greene.
 Reversed and remanded. Opinion by Mcclellan, J
 Tyson, c. J.. Simpson and Anderson. JJ., concur.
The Montgomery advertiser., 1908-08-15
HODGE. EFT AL. vs. RAINBOW. Will Contest.-( Decided Feb. 6, 1908 45 South. 67B.l

HODGE. EFT AL. vs. RAINBOW. Will Contest Decided Feb. 6. 1908.
 45 South. e7s.)
 1. Jury; selection; challenges.- Where a juror has been challenged by a party in a contest of will. such party may be properly required to pass upon and reject or accept those re- maining on the panel before comp1et- ing the same or supplying the place of the one challenged.
 2. Same.-After a juror has been se- lected and accepted by a party to a suit such party has no right after- wards to peremptorily challenge such juror.
 g. Wills; contest; grounds; waiver. One testing a will for documentary incapacity, undue influence. and want of due execution valves the. right to object to the authority of proponent to make proof of the will.
 4. Evidence; opinion evidence.-One although a non-expert may testify as to conservations with testator and state wh ether or not he talked ration ally and whether or not his mind seemed clear.
 5. Wills; testamentarX capacity; evidence.-It is proper to show the value of estate of testator; that 1t was less than the widow and minor stat utory exemptions. and that the will left st to such widow and minor child, asa circumstance to be considered on the issue of sanity and undue infIu- ence.
 6. Evidence; opinion evidence; value of property.-A non-expert may testl- fy as to the value of an estate. it be- ing shown that such witness was ac- quainted with the estate and knew the value of such property.
 2. Appeal; review; insistence on er- ror.-Where counsel in brief merely repeat the assignments of error. it is not such an insistence as the rule re- quires, and such assignment will not be considered.
 8. Same; harmless error; erroneous instructions.-Where the jury found for proponent on all the issues. if it was error to instruct the jury to specify the grounds of contest in their verdict. If they found for contestant, 1t was harmless.
 Appeal from Jefferson Probate Court
 Heard before Hon. Samuel E. Greene.
 Affirmed. Opinion by Anderson. J.
 Tyson, GU, Dowdell and Mcclellan, JJ., concur.
The Birmingham age-herald., 1908-03-11

dered closed on April IS and 17, to allow any of the teachers that might desire
 chance to attend the annual meeting of
 the educational association, which will convene in Montgomery on the above , dates. The report of the secretary for the month of February was read, as was also that of the superintendent Professor Dill took occasion to com | pliment the colored schools on the ex- | cellent showing they had made for the | past few months. He stated that the schools were in better condition at the present time than they had ever been be- fore and he believed that the end of the season would mark the most successful
 year they had ever had
 The matter of selecting a school site came up for discussion, but the special committee which was appointed from the council and the board of ejucation were unable to agree on any site and it was decided that a meeting should be held at the cffice of Gardner Goodwin on Thursday afternoon at o'clock, to take the matter up and see if some decision could not be reached. Chairman Robin son of the board stated that he believed that the committee would be able to de- eide upon a site in order to recommend its purchase to the council at their next meeting.
 The committee to look into this mat ter from the council is composed of Messrs. Batson, Thomas and Edmundson, and that from the board of education is composed of Robinson, Rush and Good wyn.
The Birmingham age-herald., 1908-03-11
IMPROVEMENT OF
 EAST LAKE PARK
R. D. Burnett Has Bought Out A. A. GambiI and Will Remodel
 Grounds.

The controlling interest In the East Lake Park and Amusement company owned by A. A. Gambill, has been sold to R. D. Burnett. The officers of the new company will be MT. Burnett as president and treasurer; Louis Schillin- ger, vice president w. M Mayes, secre- tary, and J. M. Bradley, director.
 While the sale has just been completed it was under contemplation for some time by the purchasers, and with the purchase in view they have already en- tered into communication with various amusement enterprises in regard to amusements. It is the intention to so improve the park that it will present practically new appearance when opened for the coming season.
 Several new boats will be placed on the lake and a steam launch will also be purchased. All of the buildings will be repainted, the theatre remodeled and a. first-class stock company secured for it. Negotiations are also on foot for the securing of a first-class amusement man to take active charge of the park.
The Birmingham age-herald., 1908-03-11
Board of Education Meets.

The board of education held an im- portant meeting at the city hall this evening. Those present were Chairman Robinson and Messrs. Rush, Goodwin, Lewis, McNeil, McTyiere and Downing
 One of the most important measures that came up for consideration was the matter of having the children in the schools vaccinated. Dr. G. D. Waller
 city physician, made a short talk to the board at the request of the chairman. pr. Waller pointed out the urgent need of having the school children vaccinated and he stated that he would suggest to the board that they take some steps along this line. The board decided that all children attending the schools would have to be vaccinated not later than Monday, March 23, and those that have already been vaecinated would be required to show a certificate to this effect. Any child that is not vaccinated by that time will be sent home and will have to re- main away from school until such a certificate can be shown.
 Gardner Goodwin and Dr. McNeil were appointed as a. committee to select an orator for the graduating exercises of the hixh. school The schools were or
The Birmingham age-herald., 1908-03-11
MAY FESTIVAL
 WITH INNES' BAND
Entertainment Will Probably Be Given the Proceeds To Go To
 Veterans Fund.

It is practically certain that May fes- tival will be held in Birmingham under the direction of the famous Bandmaster Innes, the profits of which will go to the Confederate reunion fund. Capt Frank P. O'Brien will take up the matter on his own account, and will probably complete arrangements with Innes in a few days.
 This matter was first taken up with the Confederate reunion executive committee and the effort made to have them guar antee the amount necessary to bring Innes here, but the committee decided that it could not so pledge the funds subscribed for the entertainment of the veterans. ai- though they pledged themselves person ally to do all they could.
 The following was given out by the ex- ecutive committee in regard to this mat ter yesterday afternoon
 Capt Frank P. O'Brien submitted to the committee today an estimate of the amount that would be required to guar antee the appearance of Innes band here during May at a grand festival, in ac- cordance with the proposition submitted unanimously agreed that it did not have the right to use the funds subscribed for the entertainment of the veterans as a guarantee fund, though the proposition be absolutely without danger of loss. But on motion the committee pledged its moral support and individual efforts of its mem. bers in assisting Captain O'Brien in rais- G, TT +ta vocosea rv o,a ra r, ea find "a rta in O'Brien generously accepting the respon- sibility of the management of the festival the profits of which are to go to the fund
The Birmingham age-herald., 1908-03-11

sue warrant for his arrest. As stated above he is the agent for the Southern railroad in this city and it will be re- membered that mail sack was. broken open and robbed over there on last Sun day morning. It is not known just how much mail and money the sack contained but it is believed to have contained quite a considerable amount of money.
 Kipp denies knowing anything of the robbery and has made several statements to the officers regarding it.
 Kipp IS quite a young man and has been in and around this city for some time. He was for a time night opera tor at the Alabama Great Southern depot here, and while there he bore a fairly good reputation.
 He made bond in the sum of $100 short ly after his arrest
The Birmingham age-herald., 1908-03-11

for the entertainment of the Confederate veterans. Captain O'Brien will enter into contract with the Innes band and will give his personal attention and services without remuneration"
 The announcement that Innes is prac- tically sure of giving the May festival is one that will not only be learned with pleasure by the lovers Of music, but by the general public as well. The fact tha. the profits will go to the entertainment of the veterans will, it is thought be big drawing card.
The Birmingham age-herald., 1908-03-11

purpose of learning just what was going to be done with regard to a school site special meeting has been called for Fri day evening at o'clock at which time 1t is believed there will be several matters of importance to come up for discussion. II is understood that the city jail loca- tion will be discussed and it is very probable that some action will be taken by the club with regard to having the jail moved or at least another jail erected on the outskirts of the city
 Library Report.
 Mrs. Golson, the librarian, has made upon her report for the library from Feb ruary 15 to March 10, and it is given below The report is a very creditabe one and it shows that the library is becoming more popular with the reading classes each day. The public seems to be waking up to the fact that a public library is a good thing and 1t is being patronized at the present time by people who never gave it d thought when 1t was first started.
 Carnegia library of Bessemer. The li- hrarian submits the following from Feb- ruary 15 to March 10, 1908:
 Catalog Department
 Books cataloged .. ... =. B Additions
 Books donated ... Books bought ...... ......... ............ IA Books lost and paid for Circulation
 Books issued adults :. ... ........ .l091 Books issued juveniles ...... so3 Total ... .......... .1443 Registration
 Juveniles ...... ......... ...... .........' 50 Adults ...-....,... ........s .s..... ....... 'o
 - Total ..... ........ 125 Total registered to date .-.-.. Slo Fines ..... ...... ....... .... ..... .s1s s5 Expenses ....... ... .......-..'''.'.' .. -'Vo Balance ......... ....... .........sll,e ,eo
The Birmingham age-herald., 1908-03-11
STATION AGENT IS ! PUT UNDER ARREST James C. Kipp Charged With
 Taking Whisky BESSEMER BOARD MEETS Go Over Matter of School Site, But Are Unable to Agree-Personal and
 General New of Bes-
 semer.
BESSEMER BOARD MEETS

Bessemer, March 10.-James c. Kipp, agent for the Southern railroad in this city was arrested this morning by De- tectives Patton and Parsons by order of Chief of Police Wallace on a charge of grand larceny, it being alleged in the warrant for his arrest that he had taken a quantity of whisky out of the depot of the Alabama Great Southern Railway on last Thursday.
 The whisky was shipped to this city last week and it appears that 1t arrived here last Thursday. The person to whom it was consigned was unable to take it out of the depot when he was notified of it's arrival and decided that he would wait and take it out on Friday. It seems that he waited just one day too long, because when he did send after it, it was found that most of it was gone. The whisky was put up in pint bottles and was shipped in a barrel
 The officers suspected Kipp a1d for that reason it was deemed adyisableto is-
The Birmingham age-herald., 1908-03-11
Held office By Oversight.

Washington, March 10.-The Senate to- day received from the President the nomi- nation of Rix M Robinson to be post master at Pensacola, Fla. Robinson is named to succeed Postmaster Northup, who was rejected by the Senate year ago. In spite of the rejection, Northup has continued in office. which fact re- gently provoked an inquiry by the Sem ate. The department responded that it was unacquainted with the facts, and that the continuance of Northup in office was m oversight.
The Birmingham age-herald., 1908-03-11
Police Board Reoraanized.

Atlanta, March 10.--(Special.)-Th Atlanta board of police commissioners. was reorganized tonight three newl members being initiated into thes secrets of that organization and news officers named as follows: John I.s Woodside, president; Howard Patf my vice president, and Charles Robes,..
 secretary. Patrolman w. Turner ~ er,a". at a,t,, s 80 VI HoSASSS oA NNeS' h m
The Birmingham age-herald., 1908-03-11
Last Act of Justice

Paris, March 10.-The last act of justice in the famous Dreyfus case was per- formed this afternoon, when the chamber of deputies passed a bill restoring Joseph Reinach, the historian of the case, to his rank in the territorial army. The bill was only passed, however after the gov- ernment had been defeated. Reinach's name was suppressed from the measure which was made general to cover all officers punished by the administra ton for their political acts or opinions.
The Birmingham age-herald., 1908-03-11
Will Meet Adler.

The committee composed of Messrs
 Lewis, Winters and Thomas which was appointed at the last meeting of the City Council by Mayor Rush to take the mat ter up of the purchase of the water works in this city will meet President Adler at the office of the waterworks company in this city Thursday afternoon at o'clock at which time the matter of purchase will be thoroughly gone into
The Birmingham age-herald., 1908-03-11
Leopold Wants a Lot.

Brussels March 10.-Premier Se,f I3 laert. speaking in the chamber ofa kl uties today, answered the objecAe raised by Minister of State Baerr1mary to the granting of slo.OoO,O00 to KiomS Leopold under the Congo annexation treaty. He declared that parliament could rescind these annuities if thee the money was not used for the pur@ poses specified
The Birmingham age-herald., 1908-03-11
Club Did Not Meet.

The meeting which was to have been held by the Good Government club this evening was called off on account of the fact that good many of the mem- bers were desirous of attending the meet ing of the Board of Education for the
The Birmingham age-herald., 1908-03-11
Another Trial For schnitz.

San Francisco Cal. March l0--Th1s att ernoon Judge Dunn made an order dis- charging former Mayor Schmitz on the extorton indictment. Judge Dunn in dis charging Schmitz directed that the case be submitted to another jury. Schmiz has been in jail nine months.
The Birmingham age-herald., 1908-03-11
FABRICS AND
 READY-TO-WEAR

In these will be the splnd did conceptions of all that truly attractive No has rou gt forth richness of colong of design fabrics and this characteristic
 extends into of which they play Trimmings shown match material and the themselves delicate labor the stylish will
The Birmingham age-herald., 1908-03-11
GORGEOUS PARISIAN MODELS

Gay Paris Head Mln the worlds department store, and is these show her she Not being
 catch her distant incomplete suggestions half around the go have penetrated the workshops of her native and and these of demonstration will make vden feature her designs of sty Parsan buyer has with of lovely models a o interesting knowledge
The Birmingham age-herald., 1908-03-11

Dame Fashion, the much beloved goddess of the dry goods world, is issuing you an invitation to meet her today in her selected apart ments. She is beckoning you to come and walk with her into the realms of fab- ric finery; to view the mas terpieces ef her handiWork, and to enjoy with her the delights of Spring. Comet There is a journey of pleas ure prepared for you.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-08-09

rule he kills more than he cures. but this
does not seem to affect his reputation;
The government has white officers VINO
watch out for the interests OF the nauVes.
I talked with one of these. a Mr.. Taberer.
who has been managing the negroes Tor
many years. He tells me that the whites
are now respected and that the natives
are better off than they were In the
DAYS of Lobengula So far comparative
ly little of the country has been taken up
by white settlers. and they plant their
corn and Craze their cattle about where
they please. They live in little kraais or
villages ranging in size from twenty TO
one hundred huts each. and their corn
fields are scattered over the country out
side the villages. They gather their
crops at harvest time, and store them In
little granaries made of mud. thatch-
ed with straw. Such a granary Is about
as big around as a hogshead and four or
five feet in height. II Is raised upon
stones and Is entered by hole near the
corn is put in. and opened from time to
time the grain is needed. These gran
aries are often built on the tops OF high
rocks such as are found throughout
Rhodesia. This aids in keeping out the
damp and the vermin.
The native commissioner tells me that
marriage among these negroes is largely
a matter of bargain and sale. The groom
pays the brides father certain sum
for his daughter. The usual price for
a strong and good-looking girl is -FOUR
cows, or, If she be the daughter OF
chief, she may bring as much as hve or
six II used to be that girls were often
betrothed and bought when they were
babies. the grooms paying a part of the
purchase price at that time and the rest
by installments In such cases the fathers
agreed to rear the girls. This practice
has been stopped by the government. az
II resulted in many an old man possess
ing several very young wives: and also
fhe girls freOuantlV fell In love with
young men. and the strife between their
old prospective husbands and the young
lovers. whom they wanted as husbandA.
was great FRANK @. CARPENTER