davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1908-05-29

a request from the defendant to read 1t to the jury until the jury had left the box, the defendant is not entitled to an exception to a refusal by the court to read the instruction to them.
 3. Same; giving instruetions.--If defendant does not request that in- structions be read to the jury before they leave their box such instructions are sufficiently given when the judge endorses thereon the word. given" and hands them to the jury with the state ment that they are given at the re- quest of the defendant.
 {. Same; instructions covered by instructions given.--It is not error to refuse requested instructions fully or substantially covered by requested in- structions given.
 Appeal from Anniston City Court.
 Heard before Hon. Thomas W. Cole man, Jr.
 Affirmed. Opinion by McClelland, !.
 Tyson. C.. J. Dowdell dell and Ander- son, JJ.. concur,
The Montgomery advertiser., 1908-05-29
WANTED-FEMALE HELP.

WANTED-white girls to do general house. work in private homes: fair wages, moder- ate work. good treatment and good oppors tunities Those who wish a situation and live out of town may write The Salvation Army, Montgomery, Ala Otherwise may call at ST Whitman St.. or phone aa3i
 s-A-tf
The Montgomery advertiser., 1908-05-29
WANTED.

WANTEp-Every one to know we have fresh today. fresh water perch and bream,
 salt water trout and red snapper, fancy to- Ie20 --1
The Montgomery advertiser., 1908-05-29
WANTED--MALE HELP.

wANTED-Two young unmarried men to travel and canvass, who have good habits and willing to work. Experience unneo- essary. Apply 501 Dexter avenue from 9 to l2 U. g. Livingston. --3
The Montgomery advertiser., 1908-05-29
Head Notes Of the Decisions
 Of the ALabana Supreme Court

souably ascertain what are the dam. ages and such damage is not specula. tive.
 Appeal from Mobile Chaneery Court Heard before Hon. Thomas H. Smith Affirmed. Opinion by simpson, J.
 Tyson, c. J., Haralson and Denson JJ.. concur.
 DICKENS V. DICKENS.
 Bill to Remove Administration from Probate to Chancery Court, For an Accounting by Surviving Partner. for Injuntion And Receiver. De- cided Jan. IS, 1908. 45 South. sS0.) 1. Equity; administration of estate; bill for removal--A bill filed by the distributee of an estate of a deceased partner against the surviving partner. estate seeking a removal of the estate from the probate to the chancery court. for an accounting by the sur viving partner, his removal as admin istrator, for injunctive process to con- serve the interests of all the parties and for receiver to take charge of such assets patently contains equity.
 3. Partnership; right of surviving partner who entitled to require an aecountins.--In the absence of special circumstances and conditions justify
 
 juriediction to protect and enforce the right of persons interested In the as- sets of partenrship dissolved by the death of one of the partners, since the surviving partner is entitled to the ex- elusive possession and control of the property of the dissolved partnership and accountable only to the personal representative of the deceased part ner.
 r...s..u-n. .u.os-4,.o-& AI,, flied by the distributee of the estate of a deceased partner against the surviv- ing partner who is also administrator of the deceased's estate, which charges the surviving partner with misappro- priation and sequestration of the as- sets of the co-partnership to his own personal benefit, in violation of his ob- ligation to wind up the business with out delay and with due regard to the interests of those entitled to the pro- ceeds, but which shows that the sur viving partner and the administrator owns real estate sufficient to protect complainant against loss on account of such misappropriation or sequestra- ton. and that such surviving partner and administrator will be entitled to one third of the net assets, does not warrant the appointment of a receiver although 1t Is further charged that the respondent has attempted and will at- tempt to covert his property into DOT table assets that the whole may be readily concealed or removed without the Jurisdiction of the court. where said latter charges are unsupported by the facts pleaded.
 Appeal from Mobile Chancery Court
 Heard before Hon. Thomas H. Smith
 Reversed and remanded. Opinion by Mcclellan, J. F. Tyson c. J.. Dowdell and Anderson. JJ.. concur.
The Montgomery advertiser., 1908-05-29

Produce q breach or the Peace.--
 (Decided Feb. 6. 1Sss.--45 South,
 s22). {.
 1. Libel; prosecution for; indictment; sufficiency. --Only the libelous portions of the article being necessary, an in- dictment Is not defective for falling to set out the entire article containing the alleged libelous matter.
 2. Same.--In the absence of a form for an indictment for libel, and in view of the provisions of Section 50e4, Code 1896, and of the legislative policy to depart from all common law techni- calities, an indictment for libel, to be good. need not follow the technicalities of the common law.
 8. Criminal law; offenses; failure of statute to define; common law defini- apply where the statute prescribes the punishment of an offense but does not define 1t.
 {. Libel; criminal libel; dehnition.- Section 5063, Code 1s96, qualities the common law definition of what Is crim- inal, libel only to the extent that it requires that such libel must tend to provoke a breach of the peace
 B. Same; clements; falsity; statutory provisions--A publication of a libel which tends to produce breach of the peace need not be false publication in order to maintain a prosecution thereof, notwithstanding Section 12 of the Constitution of 1901. since such section is silent as to the purpose for which and the extent to which evidence of the truthfulness or falsity of the libel is admissible, whether In justin cation or mitigation, and the gravamen of the charge is that 1t tends to pro- yoke a breach of the peace.
 6. Criminal law; appeal; harmless error; pieading.-Where the plea of not guilty Is interposed and all the evidence Is admissible hereunder that could have been admitted under the special pleas. the sustaining of de- murrer to the special plea is harmless error
 !. Same; record; matters to be shown; bill of exceptions.-Where a bill of ex- ception is signed out of term time, the fact that 1t was signed within the time properly extended must appear of re- ord proper and cannot be shown by the bill of exception. (Tyson. c. J., dis sents.)
 Appeal from crenshaw Circuit Court.
 Heard before Hon. J. c. Richardson.
 Affirmed. Opinion by Dowdell. J.
 All the justices concur except Tyson, c. J., who dissents in part.
The Montgomery advertiser., 1908-05-29
cRENsHAw v. THE STATE.

Assault and Battery-( Decided Janu-
 ary 2s, 1908. 45 So. 63l.)
 l. Criminal law; trial; argument of eounssl.-Whlle it is the better prac- ties for counsel not to state their opin- ion of the effect of evidence. the court will not be put in error for refusing to exclude q statement by coSnsel that the evidence showed a clear case. etc.
 g. Assault and battery; criminal lia- btlity; instructions.---Where the indict- mAnt charged An assault with a weap- on, to wit, Q gun or pistol, an inetruc- ton which tailed to state the charac- ter 0e the assault necessary to be proved under such indictment was er- roHeously given.
 s. same; criminal negligence; use of frearrns.--A charge asserting that de- fsndAnt waw guilty if he had negli- gently handled the gun in disregard Of the safety of others. characterizes the negligence as of the gross kind which is criminal. and was properly given where the defendant 50 earelessly han dled q pistol while intoxicated as to cause the discharge, wcundtng another.
 {. Criminal law; trial; question for jury; instruction.--,A charge asserting that there was no evidence showing that the pistol was presented by de- fendant at the person alleged to have been assaulted, wae invasive of the province of the jury. as 1t was for them to determine under the evidence how and with what intent 1t was fired.
 5. Same; trial: instructions; indict- ment by grand 3ury.---A charge assert ing that the fact that the grand jury had returned an indictment against the defendant Is no evidence of his guilt. and that the jury could not consider that fact in making up their verdict. was properly refused. as the jury must consider that fact In determining whether or not the indictment found iS sustained by the evidence.
 Appeal from the Walker Law and Equity Court.
 Heard before Hon. William B. Bank head. Special Judge.
 Reversed and remsnded. Opinion by Simpson. J.
 Tyson. c. J., Andsrson and Dsnson, JJ., concur.
The Montgomery advertiser., 1908-05-29
COOL DRINKS.

wH ARB srTf,L SsrVfnT tAose deiioIouS limeades, pure coca cola. in fact. Wo mix ths drtnks to ''hit ths spot" L. n Hale A ca H-t9
The Montgomery advertiser., 1908-05-29
BOYD V. THE STATE.

Receiving and Concealing Stolen Prop
 erty (Deeided Feb. 6, 1908. 45
 South. 6sG.)
 i. Criminal law; judgment; con- forrnity to verdict.--Where the ipdict- nents charged q felony and the former verdict was for a misdemeanor. which was reversed on appeal, a verdict on the second trial finding. the defendant guilty as charged in the indictment, a Judgment that defendant was guilty of a misdemeanor conformed to the yer diet.
 2. Same refusal to read instruc- tons; waiver.-Where a requested in- struetion was marked given by the judge and handed to the jury without
The Montgomery advertiser., 1908-05-29
FOR RENT--RocMs.

FOR RENr--2 or nicely furnished roonns light Apply sos Clayton street. --1s ROOMS FOR RENT-Two unfuPnished rooms for rent, elote in, reasonable rates
 Apply I2T Commerce street. --iS-2t FOR RENT-Three unfurnishsa upstairs
 rooms for light housekesping; private bath,
 electric and gas connections. Apply 140 Hol- comb0 St. --1a-Tt
The Montgomery advertiser., 1908-05-29
FOR SALE REAL ESTATE.

FOR sALD-In Ward Five. Nc tAa1 N. Mo. Donoash St. 6 Ave room cotsags. electric psntry beautifully papersd, splsndld repair, nne ghborhood. close in. Lot sex11e. Prics 6S, $50. Bethea-Tompkine Realty Go. 200-1o- il First Nat Bank Bids. rRhons saA
The Montgomery advertiser., 1908-05-29
LOST.

LOST-Strayed stolen from Cypress Pond Pasture. one large brindle COW, should have young calf, any information leading to re- covery of same will be rewarded. J. B. Me- Baden Phone l02. -IS-3t
The Montgomery advertiser., 1908-05-29
FINANCIAL

TO LOAN-e6.7o0 at per cent on improv. ed city real estate. Amounts of $500 and up Phone e1e, cx address Jno- c. Harda5
The Montgomery advertiser., 1908-05-29
PERsoNAI..

During the month Of May we are ofrerine th0 best coal mined for tA.s0 per ton. Buy now and save a large part of your coal bill.
 Banks Coal Co.,. Phone res. lstf
The Montgomery advertiser., 1908-05-29

BROOKE v THE STATE. Publishing Libel Which Tends to Produce a Breach of the Peace (Decided Feb. 6. lsss.--45 South. e22).
The Montgomery advertiser., 1908-05-29
Multigraph Circular Letters.

IMPOSSIBLE to detect them from the ao- tuAl work of the typewriter; reproduced by prices on application. Mrs. Thirkield, TI2 FtrSt National Bank Bldg. Phone s0s3.
The Montgomery advertiser., 1908-05-29
WANTED-ROOM OR BOARD

WANTED BoARDERs-Boarders wanted at 4O4 Dexter avenue. Reasonable rates,
 good board. good lodging. Phone 24e2, Mrs.
 c. Fl. Butts -T-3t WANTED-Three rooms for light house. Keeping west of Moulton street. Address C. M, care Advertiser -s-3t
The Montgomery advertiser., 1908-05-29
MATING.

WE ARE the only direct importers of mat ting in the South. We carry the largest stock in the city. we placed specifications of present stock last June hence are overload week ending May S0th. A. c. Rhodes S co.
The Montgomery advertiser., 1908-05-29
WOoDENWARE.

s..-->-~- =, -----~----
 buTnt out electric iaxaps Edison base any candle power. Montgomery Wooden Ware Go 227 N. Court s2 -sS
The Montgomery advertiser., 1908-05-29
FOR SALE.


 DIAMOND EAR DROPs-A chance fol some one; cost me eiSB.ee; now have q loan on them and win take Sl1e.00 to re- deem. will sell ticket for $500; privilege oi examination before q cent paid. Miss 6, M, W, care Advertiser --1o THRAsHER FOR sALE-one FarauaT thrasher in fine order for sale at very greatly reduced price. Address Box 4ss. --i0-3 3t FOR sALE-win sell for $50 practically new Fox typewriter, in perfect working con ditiou. SIS So. Hull street. phone i6es.
 LUMBER FOR sALE-2xa. axs. Ss.oo thousand N. Berry, Bell Building. --i0-st THREE grade Jersey cows fresh in milk for sale st S3 Virginia Avenue. or phone 3oST. -1D-st FOR sALE---A first class merchant taller ing establishment in most progressive city in Alabama. Good reason for selling win stand investigation. Address c. T.. care Ad- veretser. --10-Et HOUSEHOLD Furniture for sale. cheap for cash Phone 16sS, -l0-ae FOR sALE-Nics dry stove wood. both oak and pine. Bis loads t2,6o. Can deliver on short notice any part of city Dixie Coal co.. I1s N Perry street. --lo-tf GREENWOOD Cemetery has an exclusive franchise and is the oflcial Cemetery for the city of Montgomery We have oakwood lots for sale at Sa500. Visit Greenwood and call at the ofiee over Kress' Store. or phone 1884. Io-tf
The Montgomery advertiser., 1908-05-29
WANTED-SITUATION.

(Private. IS years exper- ience) is open for engagement. Terms req sonable Address C. T., P. O. Box B2s. Telephone POTS. this city. -6-7t FIRST Glass bookkeeper and office man desires to make contract to begin Sept 1st.
 Best of references, strictly business, mar rted. Address 140. care Advretiser. -6-Nt
The Montgomery advertiser., 1908-05-29
KODAK FINISHING

 SEND in your films and plates, we use the best material on all amateur work schulzo Studio. Montgomery. Ala -te
The Montgomery advertiser., 1908-05-29
MANUFACTURER RECORD.

FOR ga YEARS I have made cigars in Bankers. lawyerh planters and U. s. senators smoke Ross' cisarA 1es Bibb street. --S0t
The Montgomery advertiser., 1908-05-29
TAGGING AND TIES.

WE CAN save you money on second hand
 bagging and ties See write before buying. M Sabel & Son. Montgomery. Ala
The Montgomery advertiser., 1908-05-29
WANTED-TO BUY.

wANTED--5O more old feather beds Now is your last chance to sell your old feather beds and get a good price for them. as am going to stay in your city more days Send postal at once. so can attend to it in time J. W. Breskow. General Deliv- cry -s-T wANT-To lease or buy black land plan tation and to sell stock general merchan- disc in thriving healthy town. Address W.
 S., care Advertiser. -s-3t WANTED-one good secondhand eoa4 v gas stove. Must be cheap for cash. O. B B. Central Market. -S-thu-fri-su
The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-06-11
SIMPLICITY A BOON
TO HOSTESS AND GUESTS
Homes Where Entertaining Involves Little or No Extra Work Have
Greatest Charm, Declares Woman Writer.

n department of life where simplicity seems to found a
permanent foothod is at the table. Whether the beauty cult or the
d health fad is responsible I cannot say, but meals are simple, viands are
few and entertaining has ceased to be a burden
A few hostesses still cling to the old custom OF overlooking tables n ex-
pecung guests to overload their stomachs but. they are lot the popular ones
believe me
A muti-milhonaire takes pleasure in entertaining his best friends ats some.
or, possibly, two, and the whole meal is made or them-fred chicken and
beaten biscuits, for instance
If a uptodae hostess plans a dinner for many guests she spends a deal
of time and thought OIL the short menu An occasional guest Or two are
served with a family meal beautiful as to appointments and perfectly cooke
and served.
1t is fattenng to have guests Eat a portion OF everything offered tnenb ut
it is rather forcing courtesy to the breaking point by providing to- nan ydishes
affair that taxes he strength of both hostess and helpers and up@tst the house
for a week.
I do no. expect to convert everybody to simplicity in this direction, but l
would like to make life a bit easier for those who nave TO d n VINO or a
major part of their W homework, says Betty Bradeen.
There are homes which are so we'll regulated that the most astidous guest
would find nothing o crihcise in a unexpected visit
Obviously, entertaining in such households is a matter involving no extra
work worth mentioning. If the family is a small nj possibly the tape ""
need mlargng, INT I fancy it is a matter of pride to give guests the best in
ones power
So the bst table linen and the choicest silver, with fresh flowers and dainty
little things from hi storeroom may be added to the family meal n theV
will furnish the only bit of elaboration necessary for anybodys comfort
There are homes which are never without guests, and the informahty OF the
entertainment is the chief charm o. these places. 1t is the customto drop IN &c
breakfast when fresh eggs are cooked to individual liking and served with
coffee and toast and fruit o. some kind.
There are luncheon guests to a cup OF bouflon n hot dish with a raw
vegetable or salad n a sweet. There are guests for afternoon tea and for
dinner thu whole range Of entertainment It's neither costly MOI rouoiesome
Some won show to best advantage in the rleo of hoSess n others are
wholly UNITED for it. The latter shine rs ornaments OF social gatherings
1 presume that there are born hostesses-I know that there are women who
never achieve success at the head of entertainments 1 am inclined to thini
that they hy SO hard shattheE efforts are uncomfortabiy apparent
The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-06-11
THE NORRIS CANAL QUESTION AGAIN.

Proceedings in equity were instituted last year by the encouragement by
authority of tn Legislature, to ascerdnt the rights oft he State in the Morris
Canal and especially its rights in the valuable canal basin at Jersey City.
Chancery proceedings, except in emergencies are exceedingly leisurey, n this
litigation is long-draWn-out. Until he points involved are finally decided moth
ing can be done by the Legislature in respect to the canal Probably there will
be one issue out of the proceedings before the next Legislature meets The
canal question is uppermGt 10Y A legislative commission is to investigate
the management of tn Rartan Canal to discover h real causes for the de-
cadence of it's traffic, and, if the investigation is lot pemunctory its results will
throw a whole flood Of light or the management ofth Morris Canal which has
ascertain the ause perhaps a remedy car be found. Newarks manifest local
policy is to have the line Of the canal diverted, so as to abolish that portion
the city limits.
The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-06-11
A VACATION FOR CHANCELLOR DAY.

Chancellor Day, of Syracuse University, has not been heard from lately in
SOLDERING eulogy of the Standard Oil patrons of his institution and in clamor
Gus dispraise of those who would impugn the recttude and Christian character
of these exemplars If the morahtes in finance. Much has happened to stir the
bile of the chancellor, but he has been voceless 1t % ranspres that there
la been trouble in the university board, as we'll as among the Students over
the eccentric read of the university n that he is to take a long vacation
He hs worried over politics and affairs so much that to canh his mind a pro-
longed trip around the world is necessary. Chancellor Day will be somewhere
in N Fr Easta about the time of the presidential election, far enough away to
survive the shodki in case of the election of the Roosevelt candidate.
The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-06-11
STOCK BROKE HIM.

$50 you are going to stay home for
the SUMMER
YES" answered Mr.. Legitimate, 81 in
tended to enjoy myself thoroughly. But
after 1 had purchased tennis clothes,
golfng clothes, yachting clothes and
riding clothes, I found l hadn't enough
left to pay railway fare and hotel bills"
The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-06-11
THE S TRAVELLER.

Fussy Traveler-Will my trunk get
to Chicago as soon as | do. porter?
The Porter-Is your trunk checked to
Chicago, sab?
The Pussy Traveler-Of course it is.
The Porter-Den it ought to get dab
quite a little ahead of you, sah. Dis
heah train is de train fob C~incinnatty.
Cleveland Plain Dealer.
The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-06-11
WHAT THE CROPS PROMISE.

There is a splendid augury of good times in the June crop reports The
acreage Of vinterw wheat and the conditions thereof show al increase overl last
year of at least 1@O0NO bushels in the crop The price of wheat is now above
a dollar a busheL which nay mean an additional income IF $llO00OOO fr the
growers. OF other cereals therew will be large crops, WHILE the hay crop VIII be
the largest known. All wealth ome from the soil and, If he evidence for the
year holds good, and here is no reasonto doubt that 1t will, the farmers VII
DOR be congesdngt the banks with their profits and sending their orders to the
Eastern factories to kep the wheels of industry in motion for a indefinite
inns ]
The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-06-11
LOOKS THAT WAY.

what did Jack give you for your
birthday"
"a hundred visiting cards and the
engraved plate"
"Oh. my dear, I'm so sorry for you.
He doesn't intend to propose for a year
at least."-Boston Transcript.
The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-06-11
AMERICAN p~RINCESSES.

To the Editor of the Evening Star;
To whom was Florence Hazard, of
New Jersey, married? To whom was
Alice Heine, of New Orleans, married?
PRINCESS.
miss Hazard was married to Prince
The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-06-11
THE BOARD OF TRADE AND NEWARK FREIGHT RATES.

If Justice is to be don to Newark in the matter of freight rates. trans
portation it nus be obtained mainly by the exertons oft Newark Boardo Of
Trade. Nearly all the principal shippers and receivers o. freight in Newark are
nenhers of he board,a and. therefore they have a double interest in the matter.
The determinations shown in the report to the boards tfsm meeting lastn night
by the committee oil transportation and freight constitute a serious handicap
OF local individuals n commercial interests. Public interest in thisg revance
AGAINST the railroads is freshened by he great project 10Y in contemplation OF
municipal dock improvements % develop our cty's great commercial oppor-
tunities The railroad companies should recognize a mutually of interest
Tbev need terminals OF New York Bay. The whole Hudson River from on both
side is taken D N additional space convenient to the railroads is most de-
sirable BY the dredging of Newark Bay, the construction of a ship canal
across the Newark meadows an he building Of docks and piers all to b done
without expense to the railroad companies, they will obtains splendid new fach-
ties ideally situated. They should see The policy of ceasng the freight dis
examinations againsto r city, and thus aiding Newark enterprise in a great
work tbat will b of the creates benefit t. railroad interests
The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-06-11
hoo YARDS I'M 9 3.5 SECONDS.

To the Editor of the Evening Star:
What is the record for the 100-yard
dash, and who holds it?
SCHOOL Roy.
1.-THE official record is Q s-5 seconds,
made on June 90, 1906. by Daniel j.
Kelly, of Spokane, Wash, although re-
Gently it was reported that Rector, the
heet-footed Virginian who is going to
the Olympic games in London, made
the distance in the same time.-Ed.1
The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-06-11
A sHLrT FROM JERSEY TO MASSACHUSETTS.

Although John Hays Hammond, the expert mining engineer hi aspres
tt h Republican vice presidential nomination, las his residence at akewo
in this State, he has just registered as a voter in Gloucester Mass, which
means that Mr. Hammond claims Massachusetts al his residential State There
was good tactics in that move. AS a New Jersey candidate he would rn afou
of the candidacy of Franklin Murphy which as Endorsed by the State con-
vention and is championed by the New Jersey State delegation Mr. Ham
mond, a a Jerseyman, would have n nominator at Chicago Evidently he
has found m in Massachusetts.