davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1908-06-12

White Top looks like beer. tastes like beer, foams like beer, yet you can't drink enough to be- come intoxicated. White Top IS the solution of the prohibition problem.
 Merchants in the dry districts, get supply of White Top quick. It's a winner, tremendous seller, and splendid pro6t-maker
 Don't let the grass grow under your feet.
The Montgomery advertiser., 1908-06-12
THE GATES OFLFE
(Continued.l
nIrngnuug nmuHuNmIamIHnM nanIE

stationery Hall An reserved,
The Montgomery advertiser., 1908-04-03
Our $2O. Special Suits

fol
  ssy ss 't' % % G n.as .seGa ss ns sbS :hse sa % at $20
The Montgomery advertiser., 1908-04-03

missibie against al, the defendants, as indicating the extent and character of their possession. provided 1t was shown that such conversation was understood by those present but not particfpauns therein. and was had under such sir- cumstanees as naturally to call for 1 reply.
 2. Same. weight. evidence--Evid- euce of a partys failure to deny state ment with reference to his interest made in his presence by others, should be cautiously credited. .. Same: admission of co-tenants-- One co-tenant cannot by admission or denial prejudice the right of his co-ten- ants.
 sition of title; termination-Where the one under whom defendants claim had acquired title before the execution of plaintiffs deed. tho admission of one or all of the defendants claiming under such an one, of the superior right or title in plaintiff. would not divest them of the legal title so derived. unless they held possessien recognizing plaintn 2 title for time requisite to complete ,he bar of the statute, in which case niaintiff's title would he established. notwithsta nding the priors title. Anneai from Mobile Circuit Court Heard before Hon. Palmer Piiians Special Judge. ,. .,
 Tyson, c. j.. and Anderson and Den son, J. J.. concur.
 SOUTHERN RAILWAY COMPANY V. ALBES Rili to Enjoin Vacation of Street and
 for Damages--tDecided December 10. 1e0f.--45 South. 23t.) i. Eminent domain: vacation of
The Montgomery advertiser., 1908-04-03
Head Notes of the Decisions
 Of the Alabama Supreme Court

made If he was not the purchaser of vendee.
 g.. Mortgages; foreclosures: redennp- tions; nature of right. The right of a Judgment creditor to redeem from a foreclosure sale being purely statutory 1t is no objection. to the redemption that 1t is inequitable, if the statute conferring the right has been complied with. Section a5i0. Code. 1896.
 {. Estoppel. by deed; persons es- topped.--A wife who signs a mortgage given to secure evidences of the hus- bands debt. and whose signature is for the purpose of releasing dover in the hand is not estopped thereby to redeem as a judgment creditor Of the husband. nor Is warranty implied by her signature to the mortgage.
 5. Mortgage; effect of foreclosure. -The foreclosure of a mortgage rem ders the mortgage functus. officio, al- though the property thereby conveyed sold for much less than the mortgage debt.
 Appeal from Jefferson chancsry Court.
 Heard before Hon. A. H. Benners.
 Affrmed. opinion by Mcclellan, J. {
 Tyson. c. J., and Dowdell and An derson, IL. concur.
 JOHNSON V. THE STATE. Violating Criminal Contract.-(Decided December 1s, 1907. 45 South. 230.)
 Fraud; obtaining money under con
The Montgomery advertiser., 1908-04-03

street: property not abutting: injunct- ton---Ssctfon 235, Consultation 1901. does not extend It's protection to one whose property is not abutting on the street vacated, and e bill filed under said section to enjoin the vacation of q street Is defective if 1t fails to aI- lese that complainant is an abutting property owner.
 2. Municipal corporations; streets; vacation of; power sranted-The Legis- lature has power to vacate or discon- tinue streets and highways. and may authorize municipal corporations to do so where there is no constitutional in- hibtion thereon.
 2. Same; efect--where the charter of a city authorizes 1t to abandon or vacato any of its streets, or parts of streets, a valid ordinance intended as c bona Ode vacation for the abandon ment of particular street or part of street. does not create or become a nuisance.
 {. Injunction: vacation of street ground for reiief--Where 1t does not appear by allegation or proof that. on account of the vacation or abandon ment of q street. complainant's damage will be different in kind and not mere iy In degree from that suffered by the public generally. and that it will not be such as to preclude compensation in c single action at law. such complain ant wIii not bs entitled to injunctive relief on account of the vacation or abandonment of the street.
 6. Same; grounds; imminency of act The fact that a city has agreed or contracted to construct an overhead crossing whenever 1t becomes necessary to do so, in the absence af q showing that such construction has become nec- essary or that there is an attempt or intention to construct 1t. affords no
The Montgomery advertiser., 1908-04-03

tract of service; criminal contract. A. was superintendent of the road sang or Pike County, and authorized to hire hands on the road at si ner day each, for which the county paid Defendant was convicted and fined and procured A. to pay said fine and costs and entered into an agreement with A. to perform work on the road at sfo per month, $5 of which was to 10 Id the liquidation of said criminal con- tract which covered a term of ten months. Held. defendant could not hs convicted under Section 473o for s violation Of such contract as Owens was not the employer of defendant right. as agent of the county, to msks such contract for the county.
 Appeal from Pike Circuit Court.
 Heard before Hon. H. A. Pearce.
 Reversed and remanded Opinion by Tyson. c. J.
 Simpson. Anderson and Denson. Jy. concur.
The Montgomery advertiser., 1908-04-03

WARD v. THE STATE.
 Assault With Intent to MurdAr.--ff,e.
 cided December 1s 1907. 45 So.
 Rep. 2zi.J
 1. Homicide; pleas; insanity; evi- dcnce.--Under plea of insanity. ana In the absence of other evidence of in :. sanity. to support the pleas. syidene. as to whether defendants husband wal at witness's house at the time of fhs cutting. and whether witness knew des fendant's husband. and what their ra. iations were. was improper, and mn. der the plea of not guilty. irreleyanf
 2. Criminal Law: appeal; Instruc- tions; prejudiee.-where one cbarrsa with assault with Intent to murder is convicted of assault and battery. inc refusal of the court to instruct on as-
The Montgomery advertiser., 1908-04-03
JOHNS V. ANCHORS.


 Bill to Redeem From Foreclosure Sale.
 -fDecided December 1s. 1907. AS
 So Rep. 21SO
 l. Mortgages: foreclosure; redenp- tion by Judgment creditors.-Husband and wife executed a mortgage on cer- tain real estate in the sum of SloOO: the mortgage was foreclosed under the power and purchased by a third per son for $50; the purchaser transferred. for valuable consideration to the orig fnal mortgagee. the property purchased at the foreclosure sale. The wife. within the statutory period of redenn- ton. and without fraud or collusion. obtained a judgment against the hus- band. Held. she was entitled to re- deem the land on tender of the amount bid at the sale. with interest and law full charges and crediting 10 per cent. of the amount originally bid. upon her judgment against the husband. and 1t was not necessary. in order to redeem, that she pay the balance due on the mortgage debt.
 2. Tender; refusal objection - Where the tender of the judgment creditor, made to effect redemption from foreclosure sale. was refused on the sole ground that the tender was insufficient to pay the balance due on the mortgage debt. the grantee of the land could not thereafter deny a cred itor's right to redeem on the ground that it was not made afhrmatively to appear that the grantee was the vendee of the original purchaser at the time the tender was made. since the duty was upon the purchaser from the pur- chaser at foreclosure sale to inform the redemDtioner when tender was
The Montgomery advertiser., 1908-04-03
HOUSTON v. THE STATE. False Pretense-(Decide December fs

1s07--45 South 22sl
 I. False pretense: afidavit: sum- ciency-An afidavit which charges Ie- fendant did falsely pretend to a person named therein, with the intent to de- fraud such persons. tkat he was the agent of certain other persons. and by, means of such false representation ob- tained from the named person E. Is sufficient under Section t73s. Code lsss. and form 4s.
 2. Same: description of property - The description of tho property as 'twn dollars Is sufficient description.
 3. Same: description of persor--s Where the afidavit alleged that tha defendant falsely represented himseis to bc the agent of a named coal com pany. 1t was not necessary to tho vas. idity of the afYidavit that 1t should des Ignate whether such company was q firm. corporation or partnership.
 Appeal from Jefferson Criminal Cour,.
 Heard before Hon. 6. l.. Weaver.
 Affirmed. Opinion by Anderson, ].
 Tyson c. J.. and Dowdell and Me- Clellan. J. J.. concur.
The Montgomery advertiser., 1908-04-03

ground for injuncsfvs reiis<.
 (. Same: pleading; allegations con strued-The allegations of the bill of complaint in this case construed not to alleged that compiafnant's property abutted the portion of the street in- tended to be vacated, and hence. not to make ont a case for relief under Sec. ton gas. Constitution 1901.
 Appeal from Morgan chsncery Court.
 Heard before Hon. W. H. Simpson.
 Reversed and rendered opinion by Anderson, J.
 Tyson. c. J.. and Harsison. Simpson. Denson and Mcclellan, J. l., concur.
The Montgomery advertiser., 1908-04-03
Our $25. Superior Suits
Bear This In Mind

n
   the right posted
The Montgomery advertiser., 1908-04-03
RIGcsBY V. THE STATE.

Murder.-(Decided December 19. 1907
 45 So. Rep. 227.)
 Judgment; validity: want of jurisdic- tion.--Where the order calling the ad- journed term was made at a supposed regular term. held at a time not fixed by law. the order calling the adjourned term Is void. and all judgments rem dered at such a term were void for want of Jurisdiction in tho court to enter them.
 Appeal from Elmore Circuit Court, Heard before Hon. J. c. Richardson. Appeal dismissed. Opinion by Den son. J.
 Tyson. C. J.. and Haralson and simp son. JJy concur.
The Montgomery advertiser., 1908-04-03
.ault with intent to murder is not pre-

sault with intent to murder is not pre- judicial
 a. Same: instructions: invading pro- vince of tury.--Thers being evidence sufiicient to warrant q conviction for either of the offenses the court prop srly refused charge asserting that If the jury believe the evidence they could not find the defendant guilty of assault with intent to murder. assault weapon.
 {. same: instructions argumenta. tivA--Instruetions which are mere ar- gurnents or intended as answers to ar- euments of counsel are properly re- fused
 n,otlve.--Since motive must be infer. red and cannot be actually proven. a charge that if the jury believe the evil dence they should find that the State had not proven q motive ,Is misJaad. ing as tending to assert that the stat. Is actually bound to prove a motive and its refusal proper. s Appeal from Jefferson Circuit Court
 Heard before Hon. g. L. Weaver
 Afnrmed. Opinion by Anderson
 Tyson, C. J., and Dowdell ana w. clellan. JJ.. concur.
 STEVENS V. BAkNEwELL F, A, Eiectment.-t December "a
 Ieo7.--45 South. 23.)
 1. Evidence; statements Of tbtra persons: admissions-where ats,. inents were shown to have been ns 4. te one of several defendants in ths presence of the other defendants. tha, 1t was agreed between one of the Js' fendants and the plaintiff that such de. fendant should reside upon the land a, plaintiffs tenant and that the other defendants should continue also to re. side there. such conversation was ad.
The Montgomery advertiser., 1908-04-03
Our $15. Special Suits


  in suits pIO
The Montgomery advertiser., 1908-04-03
The "Ten Dollar BilT' Suits

well
 without hesitation recommend spss Ss ns9sai s ; spal's s and most worthy @ y $lO
The Montgomery advertiser., 1908-04-03

STEVENS V. BAkNEwELI, F, Al Eiectment.-tDecided December is
 1eO7.---45 South 23l "
The Birmingham age-herald., 1908-05-22

American association for s750 Steve Rea- gan, from the same association, cost $500. The release of Douglass necessitated the expenditure of another $500 Montgomery was paid $500 for Houtz. Cincinnati de manded s5OO for Fleharty. McNeal cost another $500.
 was not an object with the association, and the association deserves more sue cess than it is enjoying
 After the season opened the trouble began
 Houtz was a failure Reagan was a failure. Manning and Henline were sub stituted. Meek is failure because he cannot field his position and so far has teen unable to sting the ball. Robertaille. on whom the fans based their hope has been unable to deliver the goods Ables was too cratic, and was shipped back to Texas. Ragan's physical condition proved his undoing, and sent another hope to the wall
 Then came the trouble with Demont. Then reports of other trouble came. Then a continual loss of games. Then dis couragement, listlessness, indifference, in ternal dissention, mayhaps.
 And today we are on the bottom. The effort of the association has amounted 10 nothing. Vaughn's efforts to give Bir- mingham another winner were futile and the fans at home are sorely troubled.
 And as stated. whether he is respon- sible or not. Vaughn must bear the blame.
 For all the above reasons Vaughn has the sympathy of all fair-minded people. He is a victim of circumstances, and will probably have to make sacrifice
The Birmingham age-herald., 1908-05-22

of himself for the sins of the men under him.
 If they have gone ou. with the cold determination to take his official life they
 have succeeded and however repulsivc 1t may be, the local association cannot do otherwise than grant their more than implied demands.
 To the man who will succeed to the uncomfortable crown, we give the fol- lowing adyice:-
 Rid yourself of the troublemaker if he Is the best man in the bunch. Fire this man or these men. state your reasons for doing so, and rest assured that the fans will give you their hearty support.
 If you do not take this advice you will follow in footseps of Manager Vaughn, -.xe of your If, in other words, victim of those whom you would have tefriended.
 And we suggest to the players to put aside ambition right now Do not be- gin dreaming dreams of becoming man ager. If you do some wil' be disappointed. Disappointment will be another reason for internal dissension All of which reminds that we trust every other game will be Baron victory, in order that the result darkly forcasted m the above might not be compelled to come about
The Birmingham age-herald., 1908-05-22
STOCKHOLDERS MEET.
Tennessee Valley Fertilizer Company
 Has Good Year.

Florence, May 21.-(Special.)-A meeting
 of the stockholders of the Tennessee Val ley Fertilizer company was held yesterday afternoon with practically all of the stock. represented. The meeting was presided over by Benjamin E. Rice of Cincinnati. The report of Lee Ashcraft general man ager, showed the finances of the company
 to be in splendid condition, with profits little affected by the panic and substan-. tial semi-annual dividend will be declared in July. The old board of directors was
 reelected. The stockholders took a drive over the city after the meeting and to-, day are guests of the general manager on a boat trip up the Tennessee river and a barbecue at Muscle Shoals canal.
The Birmingham age-herald., 1908-05-22
POINTERS ID RANDOM
BY HUGH w. ROBERTS.
There is no man more deserving of

There is no man more deserving of sympathy than Harry Vaughn.
 He is fast becoming the victim of cir oLmstances over which he has no charge, if not the victim of a well laid scheme. His men are not playing the game. and he is the one to pay the forfeit. Unless there is an instantaneous change for the better there can be no doubt but that it is all up with Harry.
 He has failed to deliver the goods.
 The fault may not be his own, and we do not believe 1t is.
 However, it is results that count, and Vaughn has failed to bring results.
 The manager must recognize these facts himself.
 It is more than probable that he, with out a request, will see fit to turn in his resignation.
 Then the question presents itself:
 If the Barons have wlfully refrained from delivering themselves of their best
The Birmingham age-herald., 1908-05-22

SUMMARY. Two-base hits-Page and Speaker. Three-base hit-Stark. Sacrifice hits-Douglass, Page, Collins, D. Stark, D. Walters. Double plays-Douglass to Downey. Stolen Bases-Manning, Raub ?, Hem line, Page Speaker. Passed ball--Raub Base on balls-Wa1ters. Struck out-Fleharty S, Walters 3. Baik-Fleharty. Time of game-1:50. Umpre-O Brien.
The Birmingham age-herald., 1908-05-22

Persons, Carey, O'Leary Owens Double plays, Schwenck to Jcnsing to Carey:f lansing to Cranston. Wild pitches, Chrys- tall. Struck out, Chrystall 6, Schwenck g. Eases on balls. Chrystall 3, Schwenck 2. and Pfenninger.
The Birmingham age-herald., 1908-05-22
MONTGOMERY 2, MEMPHIS I.

Memphis, Tenn, May H.-Jansings bad throw allowed Montgomery to score the first run in the seventh inning of today'sl game and the local team tied the score by punching hits in the same inning In the ninth inning Reagan scored the w'n- ming run for the visitors on throw-ln from right field. Score:
The Birmingham age-herald., 1908-05-22
BARONS BEATEN IN
 PROTESTED CAME BaIk of FIeharty Is Made Ground For Protest RUNNER SENT FROM THIRD Game Is Lost After Barons Attain a Lead, for the Fatal Seventh Gives
 Little Rock the Two De-
 cidne Runs.
SOUTHERN LEAGUE STANDING.
Results Yesterday,

Little Rock, 4; Birmingham, 2. Mobile. ?; Atlanta. 1.
 Nashville, 0 New Orleans. O. Montgomery, ?; Memphis, l.
The Birmingham age-herald., 1908-05-22
NASHVILLE, o, NEW ORLEANS O.

New Orleans, May M--New Orleans and Nashville played 1s-inning tie game here today, neither side being able to score a run Duggan. Nashville's pitcher, used good baseball sense in the tenth inning by wslking the locals heavy hitters and
The Birmingham age-herald., 1908-05-22
Games oday.

Birmingham at Little Rock. Montgomery at Memphis. Nashville at New Orleans. Atlanta at Mobile.
The Birmingham age-herald., 1908-05-22
THE AMATEURS.

Athens, May 21.-(Special. .)-The Y. M. c. A. baseball club defeated the Decatur club this afternoon The score was 10 to 1.
The Birmingham age-herald., 1908-05-22
Now! Millinery Goes Down!

If the Graduate Girl has waited till she and her mother round third her Hat, open the today special for the Graduate Girls wangand they the breath of New Yok style shops we'll sweet tion have given life to here shops All ready
 Taking regular Pattern stock the beautiful Dress Hats and dipping third of their value The general price reducing of the
 All $25O0 Dress and Pattern Hats will be sold @1n En| All $2OOO and Pattern Hats will be sold @l0 E0i 
 All $15 OO Dress and Pattern Hats will @l0 m All $12OO Dress and Pattern Hats will be sold co m VOsOO
 And all beautiful 5000 Dress Hats co GHl hunded--wil be OOsOO
 By putting figures right place you'll reduction of Third today first choice of the 'nd f'o'
The Birmingham age-herald., 1908-05-22
AMERICAN ASSOCIATION

At Kansas City: Kansas City 1, Mill waukee Q.
 At Indianapolis; Indianapolis 4, Co., lunlbus 3.
 At St. Paul: Minneapolis IS, St. Paul 3. At Toledo: Louisville 4, Toledo l.
The Birmingham age-herald., 1908-05-22
Newest Dresses for Little
 Fellows at 95C

End of the-week Special comes in a good time. We've taken from regular stock some sweet lttle White Dresses, and others Of Gingham affd-> >Percale all made In the newest styles, such as Butterfly, Japanese and Russian and Empire effect, prettily trimmed with faces and braids.
 &1.25 and $1.5O Ones-Choice for 05c
 Ages 2 to years and only for Fri day and Saturday. (Second FIoor)
The Birmingham age-herald., 1908-05-22

Little Rock Ark, May 21.-(Special.) Fleharty was rapped right smartly dur ing the eight rounds he faced Trave'er sticks, but he mana ged. with the aid of swell bits of fielding. to hold the Little Rock folks to four runs, while his side partners accumulated a couple of tallies.
 Danny Walters Lone Star south paw of the home guard. heaved in great style, in face of the fact that two runs were copped by Birming gham's bat ters Unless protest registered by Manager Harry Vaughn and Captain Molesworth regarding Umpire O'Brien's ruling, which allowed Little Rocks first score balk by Fleharty is sustained Walters exhibition will go down in 1908 baseball history q clever piece of work, with only the of fensive work done by Jack Manning as a blot on his escutcheon.
 Next to valiant playing done by local cohorts. the speed sh own by Jack the Sprinter was the bright spot in the game. If it had not been for him Birmingham would have suffered d total loss in the run column and been shy two thirds of the hits accredited them.
 In every round, except one, Fleharty suffered at the hands of local swat sticks. They hammered his smoke, and it was pretty hay at that to three sec tions of the field and then some in be- tween, but in only three rounds were they able to score.
 Manning's Blunt.
 Birmingham pulled from the depths for moment in the first With one down, Manning laid a beautiful bunt On the velvet green and raced safely to first. Wells begged nigh when Man ming stole second and he went to third on Douglass out at first East convert ing an apparently safe hit into an out. Raub singled to left and Manning scored. Raub stole second but was caught mapping by a swift shot from Walters to Stark.
 Little Rock got up in the third SCOT ing on a play that caused Molesworth to protest the game. Danny Walters went out, Lou Walters to Dough- ss. Page doubled to left and Speaker sim g'ed in the same direction. Speaker stole second. East grounded to Doug lass, who begged Page out al home, the little man disdaining to hit the dirt. Speaker was on third, when F1eh- arty apparently started to toss to first and then changed his mind. OBrien called a balk and allowed Speaker to score, SenulnS EaSL 10 second. A passed ball gave Wa" 5 third, but Connors popped to second.
 Again to the Front.
 Birmingham forged to the front z. gain in the fourth. Jack Manning slipped a slow one over Walters head. East tried for it and missed an ap- parently easy chance,s but Manning would probably have beaten the throw had Walters got it.
 Douglass followed with a sacrifice Raub walloped to Hess, who block ed the ball, fumpled. picked it up and hurled to Corners in plenty of time. Hut Buck dropped the fast throw and Manning scampered home with the last run for the Barons.
 Little Rocks other two runs came in tho seventh Hess beat out a bunt and went to secons when Downey threw wild to first. Walters sacrificed and Page flied to Lou Walters. Speaker trapped to left center. East hit all xful smash at Demont and the ball went through Hess and Speaker SCOT ing
The Birmingham age-herald., 1908-05-22

Summary: Two-base hits Deehanty, Matthews. Stolen bases, Mccormick. Rohe. Struck out. Ryan g, Duggan 3. Base on balls, Ryan 1. DuEgan 5. Time of game, 2:s5' Empires. Carpenter and 1! t. {: $: 5: K :':':.
The Birmingham age-herald., 1908-05-22

taking long chance with the weak ones
 His efforts were successful. The game was called on account of darkness. Score:
The Birmingham age-herald., 1908-05-22
Dresses That Sell at S2 and S2.25
 Only 95c

Dresses for great big girls, pretty white lawns and a few colors. Some have more lace on them than the sell ing price will be. All sizes, 10 to IA years. They are soiled a little, too.
 (Second Floor.)