davidaulloa/AmericanStories huggingface dataset:
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1908-01-07
KohIer9 Chase
mazza INC s'rAsusHso
$50

t9ts SECOND AVENUE
OPPOSITE ARCADE BLOCK. SEATTLE. WASH
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1908-01-07
aERE rs BEAUTY FOR TIE
PARTICULAR

Those wha are extra particular VIII lind.
for instance one fine regular $50 plaan8 tan
almost perfect inatrume MT. in rare African ma
hsFanv beautifully figured. for tsas less than
marked price
The Montgomery advertiser., 1908-04-06

as required by Section 106. Constitu- tion 1901, the courts are governed by the recitals thereof in the Journals of the Legislature.
 3. Same: notice of intention.-The c giving of a notice setting out in sub stance a proposed law and that appli- cation will be made for the passage of an act of which the foregoing Is the substance. except that a certain place therein named will be included. is suf- fcient as to the named place, under Section l06, Constitution 1901. since said section points out no particular form as to the giving of such notice.
 {. Statutes; venue: providing for change of.-The acts of February 2s. 1907, and August 8. 1907, are not stat utes providing for change of venue. and are not violative of Sections 75 and 1O4 subdivision 12. of the Con stitution of 1901.
 e. Same; special or local laws; mo- tice of intention; signing.-Section 1O6 of the Constitution of 1901 does not make the signing of the notice of in- tentlon to apply for the passage of To- cal or special laws a prerequisite to their passage, and notice signed Many Citizens" Is not invalid by req son thereof.
 6. Same; discrepancy between mo- tiee and act--The notice provides that the first term shall be held In cer.
The Montgomery advertiser., 1908-04-06

tain building which has been provided Tor the holding of the court by inc mayor and alderman of G.. until the commissioners court of the county may provide another building; the act does not mention the building. but pro- vides that the court shall be held in such building as may be provided by said mayor and aldermen, etc. and provides that nothing in the act shall De construed as requiring the comFnls- sioner's court to provide a court house. Held. not to render the law invalid by reason of failure to satisfy the pro- visions of Section 1O6 of the constitu ton of 1901. Nor Is the act rendered invalid by reason of discrepancy be- tween the notice and the provisions of the act in reference to the sherin anu clerk.
 Original petition in the Supreme Court.
 Writ denied Opinion by Simpson, J.
 Tyson. C. J.. and Haraison ana ran. son, JJ., concur.
The Montgomery advertiser., 1908-04-06
This Banks Policy

When this bank opened determined to adhere to certain policies which believed would make the business successful and commend the institution to all thoughtful people.
 The long list of customers which includes persons of walk Tn fe and representing almost every occupation and business in the community constitutes strong endorse ment of these policies.
The Montgomery advertiser., 1908-04-06

doctrine of constructive notice will not be extended to and visited upon the purchaser because he may have known of another's possession at period dis tant in time before his contract, where the possession of real estate was va- cant at the time of the contract.
 Appeal from Covington Chancery Court.
 Heard before Hon. W. L. Parks.
 Reversed and rendered. Opinion by McClelland, J.
 Tyson. c. J., and Dowdeil and An derson, JJ.. concur.
The Montgomery advertiser., 1908-04-06
PARKER V. THE STATE.

PARKER V. THE STATE.
 Murder.-(Decided Dec. 1s, 1907.-45
 South. 24s.)
 1. Criminal law; evidence; relevancy Tt was irrelevant whether or not a witness for the State had rocks in his pockets at the time of the killing.
 2. Homicide; instructions; self-de- fence.-A charge which fails to state the clements of self-defense and wh ich seeks to justify on the grounds of self-defense. is properly refused.
 8. Trial instructions; reasonable doubt.-An. instruction requiring the acquittal of defendant if the jury en- tertain a reasonable doubt of his in- nocence is erroneous.
 4. Homicide; instructions: self-de- fense.-A charge on self-defense which omits to hypothesize that defendant was impressed with the belief that he was in danger Is properly refused. 5. Same.--A charge which declares that if deceased made an attack upon defendant with a murderous intent, defendant was under no obligations to flee, provided that defendant was with out fault in bringing on the difficulty, is objectionable for failure to describe the nature of the attack and to hy- pothesize that defendants danger would have been increased by flight.
 6. Trial; instructions argumenta- tive.-Charges which are mere argu- ments are properly refused.
 z. Homicide; instructions; self-de- on selfdefense should set out the clements thereof and be hypoth esized upon freedom from fault and unwillingness to enter into the difficulty and reasonable impress sion of danger and that defendant was so impressed, etc.
 8. Same; instructions.-Altho a charge may state the general legal principles of legal self-defense, if the ,nly hypothesis did not present all the clements of self-defense. such charge nay be properly refused.
 Appeal from Coosa Circuit Court.
 Heard before Hon. S. l.. Brewer.
 Affirmed. Opinion by Simpson. J.
 Tyson. c. J., and Anderson and Dem on, JJ., concur.
The Montgomery advertiser., 1908-04-06

2. Homicide: dying declarations predicate. As predicate for the ad- missions of dying declarations 1t was competent for the physician who at tended the deceased to state what her condition was at the time of the mak- ing of such declarations. 8. Same: written declarations. The declaration of the deceased as to who shot her was reduced to writing just after her statement to the physician that she was goink to die. Held. such writing. which was signed by deceased was admissible as dying. declarations.
 4. Evidences; opinion evidence; in- toxication. A physician who was shown to be familiar with the charact- eristics of drunkenness may testify that he considered a certain person was or was not drunk.
 g.. Same; conclusion. Questions as to whether a person was in his right mind and whether he acted like a crazy man are properly disailowed as calling for a conclusion.
 6. Same: materiality. It is imma- terial how long the defendant and deceased had been married in prose- cution against the husband for killing the wife.
 T. Homicide: relevancy of evidence. insanity. It was not prejudicial to actcHudut,i WHOsc Plcd was iHsduity from drunkenness. for a witness to state that defendant was pleasant to his family. except when drunk, and that when drunk he would raise fuss with them. and that he did so when witness went home with him. the lat ter clause being admissible on the is- sue of drunkenness.
 s. Criminal law; misleading in- structions; duty to request explanatory charges. It Is harmless error to give an instruction which correctly states the law, although abstract. and if it's tendencies are considered misleading 1t is the duty of the party against whom given to ask instructions ex- planatory thereof.
 g. Homicide: instructions. A charge asserting that a pistol is deadly weapon from the use of which, in the absence of rebutting testimony, malice will be presumed. and that when the killing is malicious no conviction can be had for a less offense than murder. correctly states the law.
 Appeal from Mobile City Court.
 Heard before Hon. O. J. Semmes.
 Affirmed. opinion by Haralson, J.
 Tyson, c. J., and Denson, and Me- Clellan, JJ., concur.
The Montgomery advertiser., 1908-04-06
New ArbitratiOm Trenty.

Mexico City, April s-The new arAi. tration treaty between Mexico ana th. United States, bearing the signatures of Secertary Root for the United states. and Charge d'Anaires Godoy for Mex. leo. has reached the Foreign ofice hers and will be sent to the Senate imms- diRtely for ratification.
The Montgomery advertiser., 1908-04-06
HENINBERG V THE STATE. Mnrdar (DAcidad Dec 1at 1an1

NIuIU0Is -NL1SN1OSU AzCOs " 45UIs- 20
 South 246.)
 1. Criminal law: confessions:- predic- ate-Where the evidence showed that deceased was found lying on the floor and defendant sitting by her, and that when the deputy sherif came in the defendant said Well, know what you have come for and I'm ready to go'', such declaration was admissible with out the laying of predicate therefor.
The Montgomery advertiser., 1908-04-06
EX PARTE KELLY.
Prohibition.-(Decid December 4!
 1907. As So. Rep. 290.)

1907. 4s So. Rep. 290)
 l. Statutes; special and local laws The act of February 2s. 1907. and the act of August 8. 1907, providing for the holding of terms of the Circuit Court of Coosa County at Goodwater is not violative of Section 105, Constitution. 1901, as the conditions therein pre- scribed do not exist.
 2. Same; enactment; evidence; jour nals.--As to whether notice was Kiyan
The Montgomery advertiser., 1908-04-06

ST. LOUIS & SAN F. R. R. co. v.
 MUSGROvE.
 Action for Injury to Goods--t Decided
 December 1s. 19o7--45 So. Rep.
 22a.)
 1. Appeal: review: presumptions as to fndtngs-Where a trial is had and judgment rendered in the Law and Equity Court of Walker County by the judge without a jury. on appeal the Judgment and findings come to this court without any presumptions of their correctness. Section 1e, L. Acts. 1900-01. D. 16.
 ?. Carriers: damage to goods: evid- enceA-The evidence in this case exam ined and held insufficient to warrant a finding that the goods were damaged before being delivered to the draymen of the consignee by agent of defend ant at point of destination.
 B. Same; action; burden of proof-It was immaterial who carried the burden of proof that the goods were in good order when they were received by the carrier for shipment where the defense interposed conceded that proposition. Appeal from Waikor Law and Equity Court.
 Heard before Hun. T. L. sowell. Reversed and rendered. Opinion by Denson. |.
 Tyson. c. J.. snd powdcn and simp- son. J.J.. concur.
 LOUISVILLE & NASHVILLE RAIL-
 ROAD co. V. GRANT. Damages-(Decided December IT.
 1907. 45 So. Rep. 226)
 1. Statutes; title: subject expressed in title.-The title of the act of March 6. 1907 General Acts 1907. p. 367). which is An Act to amend Sections ss7 and s11 of the Code of 1ss6." is not broad enough to include provis- ion in the act fixing the time for hold Ing court in the Fifteenth Judicial Cir cult and is void under Section 45. Con- stitution 1901.
 time for holding courts in the Eff teenth Judicial Circuit Is governed by the act of March 2, 1907, General Acts 1907. p. 255), since the subsequent act of March 6. 1907, General Acts, 1907, p. 367). Is invalid, unless there is subsequent valid act fixing a different time from that fixed in the act of March 2. risdiction.---A judgment is void for a term of 3 court held at a time not provided by law. Appeal from Chiffon Circuit Court, heard before Hon. W. W. Pearson. Appeal dismissed. Opinion by Den son. J. Tyson. c. J., and Haralson and Me- olellan. JJ.. concur.
 LORAH V. EMERSON. Forclble Entry and Detainer.-(Decid- |
The Montgomery advertiser., 1908-04-06
LEE V. ATTENDANT AND TOWN
 - COIrNC,II. ON I.AEAYETTE

LEE V. ATTENDANT AND TOWN COUNCIL OF LAFAYETTE. Violating Municipal Ordinance.-(De-
 cided Dec. 1s, 1907.-45 South. 294)
 Commerce.; regulations; licenses.-A non resident stove manufacturing con- cern, having no place of business in this State. soliciting orders through an agent selling by sample, who took the orders and the notes subject to ap- proval of it's principal. shipped stoves under approved orders to a temporary warehouse in the town of Lafayette. and afterwards sent an agent who de- livered the stoves in the original form to the buyers. from ss id temporary warehouse. Held: Such delivering agent was not subject to a municipal ordinance imposing a license on agents selling stoves. etc, as he was engag ged .n interstate commerce.
 Appeal from Chambers Circuit Court.
 Heard before Hon, S L. Brewer.
 Reversed and rendered Opinion by Denson. J.
 Tyson c. J.. and Simpson and An derson. JJ.. concur.
The Montgomery advertiser., 1908-04-06
PIrrMAN V. THE STATE.

 Assault and battery. (Decided Dec ' 1s. 1907. AS South. 245) i. Criminal law; trial; rule; offer of
 evidence. Counsel having failed to
 state the facts expected to be elicited
 from the witness, 1t was not error to
 sustain an objection preventing the testimony of such witness. when the
 rule had been invoked and all the
 witnesses put hereunder. although
 counsel stated that the witness was in
 possession of material facts and that
 the information had come to counsel
 only a few minutes before he offered | the witness.
 l 2. Same; examination of witness | It is not error to sustain an objection to a question which may be answered by detailing a conversation which is im material. or by which the other party l is not bound: and if 1t was the purpose | of the question to bring out matters l concerning a conversation already de- tailed, the question should have been pointedly addressed to 1t. or some statement made of what was expected to be shown.
 8. Same; argument of counsel. Ar gument of counsel not supported by evidence in the case is always proper Iy excluded, but if indulged in may be answered by the other side.
 4 Same; appeal; harmless error. Where one accused of the higher of- fense is convicted of a lower grade 1t is harmless error to refuse charges as to the higher offense.
 Appeal from Monroe Circuit Court
 Heard before Hon. John T. Lack land.
 Affirmed. opinion by Tyson. c. J.
 Haralson, Simpson and Anderson, JJ.. concur.
 LT TT at aI Bill to Quiet Title.-Decided Dec. 19. |
 19O7.-45 South. 251.)
 1. Vendor and purchaser; bona fide purchaser; quit claim A deed.-The grantee in a quit claim deed gets only such title as his grantor has. encum- bered with every equity to which the grantor's interest is subject. and is ide purchaser.
 ?. Fraudulent conveyances; volun- tary grantee; quit claim deed.-Land to W. was sold at an execu- tion sale and purchased by another to whom W, paid the requisite purchase money and caused a quit claim deed tn ereto to. be executed to J., who. in turn. quit claimed to N. The day be- fore the quit claim deed was executed to J. c recovered a judgment against w. Held: N took no title as against a purchaser under Cs judgment, as J was voluntary grantee and took subject to the equities.
 3. Deeds; recording; evidence; suf- evidence in this case examined and held to show that the deeds were not recorded or filed for record, in view of the conditions of the record.
 {. Vendor and purchaser; bona fide ourchaser; character of possession as notice.-To constitute notice to purchaser. the possession of real estate must be open, notorious and exclusive. Joint occu- oancy with the vendor Is not sum ,lent.
 5. samss time of possession.-The
The Montgomery advertiser., 1908-04-06
LEHMAN-DURR COMPANY V. FOL
 MAR ct al.

LEHMAN-DURR COMPANY V. FOL MAR ct al. Motion for Restitution.-(Decided Dec 19. 1907.-45 South. 2S9.)
 1. Appeal; reversal; right to resti. tution.-Restitution Is properly award. ed against one who acquires possession of land under a decree which is after wards reversed.
 2. Same orders appealable: refer ence.-Where the right to restitution of land Is admitted and has been granted after the reversal of a decree under which the land was sold, and a refer ence is ordered as to the rents, such reference is interlocutory and will not support an appeal.
 Appeal from Montgomery chaneery Court.
 Heard before Hon. W. L. Parks.
 Affirmed in part and dismissed Opinion by Haralson, J.
 Tyson. c. J.. and Simpson and Dem son, JJ.. concur.
The Montgomery advertiser., 1908-04-06
FRANCIS v. sHEArs.

s FRANCIS V. SHEATS. Bill to Redeem and Declare Sale Invalid tDecided Dec. 1s. 1907. 45 South
 241.)
 1. Execution; sale under: effect of void execution. A sale of land made under several executions. one of which is void, is not void. but irregular and voidable on seasonable application, al most.
 2. Same; collateral attack. While a sale made under a void execution may be. collaterally attacked and set aside on a bill to redeem, if the sale Is only irregular and seasonably avoidable. 1t is not open to such an attack, but the party complaining is put to his motion in the court issuing the execution for vacating of the sale, or by original bill for that purpose only.
 3. Mortgages; purchase of mortga- gor's interest at execution sale; title acquired. Where the mortgagee &C., quires without fraud, oppression or other invalidating action under exe- cution sale. the mortgagor's right of redemption, the nortgagee acquires an indefeasible title in fee.
 i. Same; redemption by junior mortgage Under section 3505. a junior mortgagee gets an indefeasible legal title when he redeems land sold under foreclosure of the senior mort gage.
 5. Same; administrators; redemption attempted: effect on heirs. The fact that an administrator may subject in- testate's land to the payment or5debts against the estate, and that any af- firmative and effectual act on his part to that end is sufficient. yet, that does not prevent an heir from reckoning the land sold at judicial sale. under the equity descended to him from the intestate in the proper case notwith- standing the administrator has begun an effort to accomplish statutory re- demption. tftsi-
 6. Execution; statement of cost; ap- plicability to chancery cases. Section 1883. Code 1s96, does not apply to ex- ecution issued by registers of the chancery court, nor is 1t made to do so by provisions of section 1857.
 Appeal from Morgan Chancery Court.
 Heard before Hon. w. H. Simpson.
 Reversed and rendered. Opinion by J.
 Tyson, C. J.. Haralson. Dowdell. simpson and Anderson. JJ., concur.
The Montgomery advertiser., 1908-04-06
LoRAH V. EMERSON

AURAH V. EMERSON. Forcible Entry and Detainer.-fDecIa Cd December 19. 1907. 45 So. Rep. 22s)
 l. Forcible entry and detainer; pos- Nession 10 maintain.-Sufficient ros- session to entitle one to maintain yrre ible entry and detainer is shown where
The Montgomery advertiser., 1908-04-06
Directors.

l.. BERNHEIMER, ARMsTEAD BROWN, W. IT. SHEPPARD. J. s. EDISON,
 J. n. KELLY, LEOPOLD STRAUSS, c. c. MILES,
 A. st. 0. TENNILE, W. |. LANCASTER, E. F. FLOWERS, N. J. GREIL,
 L. B. WHITFIELD, L. LAssETER, INFER L. GREIL, ". E. HOLLOWAY, R. O. BLAE<EY. NATHAN LoBMAN, L. w. MARTIN. F. H. LOGAN.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1908-08-18
CLARK GIVES BRYAN
10000 IN/MISSOURI
Champ Thinks Bartholdt Only O.
0. P. Candidate Who Will
Be Elected.

CHICAGO, Aug. 18.-Champ Clark, Of
Missouri, walked into Democratic ma
tional headquarters yesterday and an
nounced that the 'show-me" State
would surely go Democratic this year
He was welcomed like a long lost
brother and received loud applause.
Mr.. Clark was remarkably optimistic
He claimed the State by 10000 for Bryan,
the Legislature and all the State Off
GERS, and asserted the Democrats would
elect every member Of the Congression-
al delegation except one. He was will
ing TO acknowledge that Representative
Bartholdt, OF St Louis, would win
Senator Thomas =. Gore. OF Okla
homa. came in with a suggestion which
aroused the interest OF Moses c. Wet
more, head OF finance committee. The
Senator said he was billed to deliver a
chautauqua lecture at Danville. H., In
a few days, and would give half Of what
he received 20 the Democratic campaign
fund.
II is denied on all sides that Mr.. Wet
more at once went into a deep study re-
| garding how rich the fund would be II
| William J. Bryan had established the
same rule with reference 10 himself
a number OF years ago.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1908-08-18
WOMEN AGENTS TALK
ON LIFE INSURANCE
Underwriters, in Convention
in Los Angeles, See Rosy
Times Ahead.

LOS ANGELES Cal, Aug. 1s.-The
nineteenth annual convention of the Ma
tionai Association of Life Underwriters
opened here this morning with an ad-
dress Of welcome by Mayor Harper.
The presidents address and the re-
ports of other officers occupied the
morning hours. Addresses on insurance
topics and general discussions are on
the program for me afternoon. In the
evening, the delegates viii be given a
reception at the Hotel Virginia, Long
Beach The convention will be in ses-
sion three days, closing with ban
qJet Thursday evening. at the Hotel
Virginia.
One Of the features OF tomorrow
program is an address by woman
Mrs. Florence Z. Shaal, president OF
the New England Women's Life Under
writer's Association. Her subject Is
Life Insurance for Women and oy
Women" Charles ]. Edwards, oi
Brooklyn. is the present president; II
c. Cox. of Toronto. W. H. Herrick' OF
St. Louis. and j. W. Wilmington, Of
Los Angeles. vice presidents; w. A
Waite. of Detroit. secretary; and Z II
Weeks, OF Litehfield. Conn, treasurer
| There are about 800 delegates, diiiOhs
them seven women representing LMSH
| ty-five States.
The annual report OF Secretary waite
| read this morning, says that the pas
| year has been one OF hardship ana ais
| couragement for many OF the members
| but that the prospects are roster.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1908-08-18
BODY IN A TRUNK
MAY SOLVE MYSTERY
Camden Police Think 1t May Be
Corpse Of Long Miss
ing Man.

CAMDEN, y. J., Aug 1S.-A story
OF the unexplained disappearance ~
Mr.. and Mrs. William Shuttinser,
about eight nights ago. told by William
Meyers, one OF the men who made the
gruesome md of the partly decayed
body OF a man in a trunk, while with a
party of picnickers near Bell Mawr,
Camden, a few days ago, has given the
police OF this city q tangible clue on
which to work in untangling the mystery
which surrounds the identity of the
murdered man.
Meyers says he was in the habit OF
visiting ShUttinger. He went 10 his
place several months ago, and found
him gone. None of the neighbOTs knew
anything Of his whereabouts. The miss
ing man lived on a farm near Runny-
mede. which is close TO where the body
was found. IL has been practically
settled by the authorities that the mar
had been buried alive, as there were
no cuts or abTaSiOns on the body.
What may ultimately be OF materia
assistance to the officials in proving thJ
identity OF the man is small piece
of neatly folded writing paper, which
was found in the mans coat pocket
and which is written on. The pApel
was too wet TO unfold when found. ant
after being thoroughly dTier will be eK
Rmined under a microscope
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1908-08-18
GOV. MACON COMING FROM CUBA
TO DISCUSS INSULAR ELECTIONS
Planters Insist Upon Having
Ballotmg Not Later Than
November 21.

At Secretary Wright's request, Gov
ernor Magoon, of Cuba, left Havana to
day TO confer Hith the Secretary and
Brig. Gen. Clarence r. Edwards in
Washington. regarding the date of the
Presidential election in Cuba next fan.
Governor MagOOn will also visit Oys-
ter Bay to report TO the President on
conditions in Cuba These visits will %
devoted TO settling lega4 administrative
questions growing out of recent mu-
nicipaI and provincial elections in Cuba.
While there is no fear on the part of
the Government officials here that there
Will be a revolutionary outbreak in
Cuba before the insular Presidential
election, at the same time, conditions
are thought 10 be far from reassu ing.
The governor will reach Tampa to-
night. He is expected TO arr We IN
| washington Friday and will probably
| spend two or three weeks in this Coun-
| try.
While President Roosevelt In a letter
| to Congress last winter transmitting
! Governor Magoons report, expressed
! the view that the Presidential election
| should be held on or near December
/ in the last few months a strong feeling
/ has developed among planters and bust
ness men of Cuba that the election
| should take place earlier, because tbs
laborers will be needed later 10 cut the
sugar cane crop. which this year is eX
! pected 20 be large.
| They believe that the election Should
| be held about November IA, or not iatel
| than November q. Governor MagOOI
will give light on these conditions TO tn
! Secretary of War and the President.
/ Another problem to be settled is TIT
| attitude Of the provisional government
| toward the conservative party. which