davidaulloa/AmericanStories huggingface dataset:
Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1908-07-22

TO DRIVE OUT MALARIA
AND BUILD UP THE SYSTEM.
Gake the go Sld standard GROVES TAsTELRsS
Ine formula is plainly printed on every bottle.
form, and the most efectual form. For grown
people and children. SOC.
Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1908-07-22
important to Mothers,
A Curious Fact.

water swells wood"
at must. I've often noticed that
a novelist will wreck a skiff and then
float enough timber onto the desert
Isle to build a town"
Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1908-07-22

How many American women in
lonely homes to-day long for this
blessing to come into their lives, and
to be able to utter these words, but
because of some organic derange-
ment this happiness is denied them.
Every woman interested in this
subject should know that prepare
ton for healthy maternity is
ACCOMPLISHED by the use of
The Montgomery advertiser., 1908-10-11
CANDY V. TIPPETT.
Arbitration and Award .-(Decided
 April 2S, 1908. 46 South. 463.)

Arbitration and Award .-(Decided
 April 2S, 1908. 46 South. 463.)
 1. Arbitration and award: judg- ment; irregularity.-All intendments 1t cannot be set aside for irregularity, but is final unless set aside for some of the reasons declared in Section 521, Code 1896; nor Is 1t required to be drawn with the precision of a judg- ment of the court.
 2. Same: udgment.-Under Section 5O9-513, Code 1896. the award becomes a judgment of the court and nothing is required to constitute 1t a judgment save the clerical act of filing the sub- mission and entering the award.
 3. Same; hearing; swearing wit nesses-Where all the parties inter- ested were present at the arbitration, and no objection was made or excep- ton was takn to the manner in which the witnesses were examined. the fact that the witnesses were not sworn. when testifying, is not fatal to the award.
 4. Mortgages; redemption; right of widow-The widow has no right to redeem land from foreclosure of a mortgage executed by the husband in his lifetime: and If she had the stat utory right to redeem, 1t would not be assignable.
 5. Arbitration and award: enforce ment of award; power of court; effect. An award Is not invalidated because the court to which it Is returned had no means of enforcing that part of the award that provided for the consum- nation of the purchase of certain lands.
 Appeal from Coosa Circuit Court.
 Heard before Hon. s. L. Brewer.
 Affirmed. Opinion by Simpson, J.
 Tyson, c. J., Haralson and Denson, JJ.. concur.
The Montgomery advertiser., 1908-10-11

 proportionate to the real value of the goods, although the real value or the contents of the package Is not dik- closed to the carrier; such. limitation being against public policy.
 2. {. Contracts. validity; by what law governed --As: to its nature. obligation and validity a contract is governed Ey the law of the State where mads, uii- less 1t Is to be performed in another State, in which case. the law of the place of performance governs.
 B. Carriers; contract of carriage: construction; place of performance - Where a contract is made in .y New York with carrier to ship goods and deliver them at a point in AIabama. so far as delivery is ii.-olved tho coi1- tract was to be wholly performed in Alabama and the carriers liability for failure to deliver depends upon the law of the place of delivery. a
 Appeal from Jefferson Circuit Court N- Heard before Hon. A. O. Lane.
 Afirmed. Opinion by Tyson, c. J.
 Dowdell, Anderson and Mcclellan. JJ concur.
The Montgomery advertiser., 1908-10-11

are subject to contradiction by other evidence under the express provision of 1796, Code 1907.
 3. Criminal law; instructions; im- peachment of witness.-A charge as- serting that If any witness has been inpeached the jury might disregard his testimony unless corroborated, IS correct, and should be given at the request of defendant where a States witness had been impeached.
 4. Criminal law; relevancy; evidence. Evidence as to whether a witness had gone before the grand jury be- fore he bought the whiskey. or after wards. was relevant and admissible to identify the time of the purchase and to show that the indictment was found within the year after the sale.
 Appeal from Hale County Court.
 Heard before Hon. w. c. Christian.
 Reversed and remanded. Opinion by Earalson, J.
 Tyson. c. J.. simpson and Denson. JJ ., concur.
The Montgomery advertiser., 1908-10-11

words of the statute. Is sufficient for the removal of the disabilities of non age; 1t Is not necessary that It specifi- cally decree the minor is relieved of the disability of non age.
 2. Decree; fling for record.-Under Section S35. 1t Is not essential that the decree be recorded before the minor Is relieved of the disabilities of non age. Under that section 1t is the minor re- lieved of the disabilities of non age whose duty 1t Is to file the decree for record, the relief emanating from the decree itself.
 8. Same; actions. evidence.-The certified transcript of the proceedings in the chancery court relieving the in- fant defendant of the liabilities of non age Is admissible in an action for recovery of personal property under mortgages executed by the defendant while a minor.
 Appeal from Geneva Circuit Court.
 Heard before Hon. H. A. Pearce.
 Affirmed. Opinion by Simpson. J..
 Tyson, c. J., Anderson and Denson, u. concur.
The Montgomery advertiser., 1908-10-11
ABRAMS V. THE STATE.

ABRAMS V. THE STATE. Retailing Liquor Without License -
 (Dectded April 16, 190s,. 46 South-
 464.)
 1. Criminal law. misnomer; instruc- tions.--A charge asserting that it was not a question of what name the de- fendant is known by in NJ. or in W, county, but whether he is known as well as Will Abrams or Will Abra. ham as Willis Abraham. irrespective of county lines, Is misleading and proper ly refused.
 ?. Same; evidence: identity.-Not- withstanding the State had elected to prosecute for another offense. 1t was permissible to show by another that he purchased liquor of the defendant, If such evidence is limited to the ques- tion of the identity of defendant
 8. Same; appeal; objection and ex- ception.-An objection cannot take the place of an exception, and where 1t appears that objections were made to does not appear that an exception was reserved thereto. it is not available on appeal to review such charge.
 f. Same; instructions; good charac- ter.-A charge asserting that evidence of good character, with alh the other evidence, is sufficient to generate a doubt, and if the jury have reason able doubt or QeIenuhHI SullI' tHe! should acquit. is bad as assuming proof of good character whether sucl evidence be believed or not; and als' for the further reason that goo, | character if proven, may at most suf | flee to create such a doubt taken i | connection with all the cths revidencC
 5. Same; applicability 10 evidence A charge not supported by evidenc in the case is properly refused. | AnnaaI from Monroe Circuit Cour
 Heard before Hon. John T. Lacklan'
 Affirmed. Opinion by Mcclellan,
 Tyson. c. J.. Dowdell and Anderso! | IL concur.
The Montgomery advertiser., 1908-10-11

definite term, crude turpentine Whicn has dripped from the tree ana been caught in boxes prepared by the ten ant for that purpose, has become sew cred and is personally which may pc removed within a reasonable tune al ter the expiration of the tenancy, ou. s the scrnpe being still attached to the tree Is not personality though the same may be claimed as emblements.
 Appeal from Coyington Chancery Court.
 Heard before Hon. L. D. Gardner.
 Affirmed in part and in part re- versed and rendered. Opinion by Simpson. J.
 Tyson, c. J., Anderson and Denson. JJ., concur.
 ALABAMA IRON COMPANY V. SMITH Assumpsit.- April 16. 1eOS 46 South. 475.
 1. Trial; instructions; affirmative charge as to several counts.-W nere affirmative instructions are requested in form directing jury to return Q verdict for the defendant as to cer tain counts. If they believe the evi- dence. the court will not be put tn error for refusing them
 2. Evidence; competency; written orders.-where the evidence tended to show that defendants superintendent had agreed to turn over to plaintin the wages of the employees of defend- ant If plaintiff would feed them and procure written orders from the em- ployes, the written orders so procured were admissible in evidence.
 3. Same; entries in books of ac- count-Where the person who made the entry testified to the correctness of the items sold by him, and that the other items were charged by him as he was instructed by plaintiff. who sold the other goods. and plaintiff tes- tified that he instructed the other at the time of the sale to charge the goods as he sold them, the entries were admissible in evidence.
 {. Same: best and secondary evil dence; predicate-In order to lay a predicate for the admission of second ary evidence there must be shown not only a demand but a refusal or fail- ure to produce the original. and upon a mere showing of notice by plaintiff of a motion to produce the original book 1t was error to permit secondary evidence of the contents of defendants books of account.
 Appeal from Cherokee Circuit Court.
 Heard before Hon. W. W. Haralson.
 Reversed and remanded. Opinion by Anderson, J.
 Tyson. c. J., Dowdell and Mcclellan. JJ., concur.
The Montgomery advertiser., 1908-10-11
Plan Succeeded.

os Mr. Robert B. safatf epf sthe Love Spring section. one of f,hsfoksesss sllb- cultivated two acres of his upland in corn according to hes,Wil Ham Son plan. One acre was an average Of his land, made sixty bushels of good corn He says the Williamson plan is all right. and all should have plenty of corn in the future. tt .ce @ g.
The Montgomery advertiser., 1908-10-11
WINNIE V. THE STATE. Retailing Liquor Without License.- (Decided April 22, 190S,-46 Sout

459
 1. Witnesses; competency; impeach- ment; conviction of crime Under Sec ton 1795, Code 1907, a witness who has been convicted of burglary and petty larceny is not incompetent to testify; such conviction Is an i'm peachment of the witness, and only affects his credibility.
 9 Same; cross-examination. - On cross-examination. 1t is competent to inquire of a witness touching his conviction for crime; and his answers
The Montgomery advertiser., 1908-10-11

the physicians attendance as a witness the, trial court properly denied a mo- tfon for new trial based on the grounds of newly discovered evidence consisting of the testimony of such physician.
 Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Affirmed. Opinion by Anderson, J.
 Tyson, c S. Dowdell and sacCleilan. J. J, concur.
 SMITH V. RoEBUcK, ct al.
 Action on Official Bond of Justice of Peace: False Imprisonment. Joe
 cided April 27. 1908. 4s South, I. False Imprisonment; com paint sufhciency, In an ac-
 ton against Justice of the bond, complaint alleging, that defend ant while acting under the color of his office, as such Justice of the Peace, unlawfully deprived plaintiff of his liberty causing him to be arrested, etc.. and imprisoned. and as a conse- quence thereof plaintiff suffered, etc.. states a cause of action.
 2. Pleas; sufficiency.-A plea which sets up as a defense to an action against Justice of the Peace, and his
 offiical bond, for false imprisonment,
 that at the time of the alleged wrong the defendant was acting as Justice of the Peace. and solely in the juri- cial capacity of such justice, that plaintiff was arrested under a war
 rant regularly issued by defendant. act ing as a Justice of the Peace. against plaintiff. charging him with the of fense of using profane language in
 the presence of females, and that the writ was served by the constable of
 such court. is defective for failure to aver that defendant, as such Jus tice of the Peace, had jurisdiction of the subject matter and of the person of plaintiff.
 3. Same.-As an answer to an ac- tion against the Justice of the Peace and his sureties on his official bond for false Imprisonment, the complaint | therein alleging that defendant act- | ing under the color of his office. un- l lawfully deprived plaintiff of his lib- erty, and that plaintiff was handcuffed and carried along the public highway of the city, pleas setting up that plaintiff was arrested under a war
 rant regularly issued by defendant. | acting as a Justice of the Peace, against plaintiff. charging him with the named offense, and that the writ of | arrest issued by defendant was served by a constable of such court, were defective for failure to identify the
 acts relied on as a Justification with the wrongs counted on for a recovery. Appeal from Birmingham City Court.
 Heard before Hon. c. W. Ferguson,
 Reversed and remanded. opinion by
 Tyson, c. J.
 DowdeH. Anderson and Mcclellan.
 JJ., concur.
The Montgomery advertiser., 1908-10-11
HAS vs. THE STATE Murder-lD Decided April 23 1S0S-4f

South. 471.)
 I. Witness: cross examination of accused-It was proper to permit the accused to be asked on cross examin- alton what did you take that pistol there for?" where it appeared from the other evidence that deceased came 70 the door of the house and called his brother outside. and that the accused then got his coat took pistol out of the pocket. and put 1t under the waist band of his pants. and also went out ot the house and shortly afterwards two pistol shots were --eard.
 3. Criminal law: appeal; harmless error-A charge asserting that to au- thorize an acquittal on a charge of murder, on the grounds of self defense, accused n.dst have been reasonably without fault in bringing on the dlIFi- culty, must not have been disregard full of the consequence in that respect
The Montgomery advertiser., 1908-10-11
SOUTHERN EXPRESS COMPANY V

SOUTHERN EXPRESS COMPANY VI.
 GIBBS Damage for Failure to Deliver Goods.
 -(Decided April 21, 1908. 46
 South. 465.)
 1. Carrier; goods; limitation of lia- bility; negligepce.-A paid bailee may not limit the etxent of its liability for the negligence of itself, or of its ser- wants or agents. by an agreed valua- tion. upon a consideration of reduced charges. for the, carriage of goods where such agreed valuation is dis
The Montgomery advertiser., 1908-10-11
UnquesfiOned

THE PURITY OF OUR WHISKIES--the fair and liberal treatment of our house and prompt service Is unquestioned.
 Fine Kentucky Rye and Bourbon, and Georgia Corn Whistles are the kind we offer. They are old brands and have given perfect satisfaction for years An order will demonstrate you the high quality of goods & Kentucky Quality OUercomes Distance
 Our rownb rands o su 4
 EXPRESS PREPAID
 FourF Gu gnsO !.
 
 Ksmc oubn $4OO Old and SASS
 LABEL Pure Con sAOO Georgia Com S2SS TwdveF Ouabg gs9 $II.OO Gs9 $500 New York Exchange We and safe delivery
 "F We DishH H--H's Right" ~~ The Swift Creek Distilling Co.
 f 4> LOUISVILLE, KY.
The Montgomery advertiser., 1908-10-11
MITCHELL vs. WRIGHT.

MITCHELL vs. WRIGHT. Bill to Enforce Trust or for Specific
 Performance.-tDecid April Is,
 190s.-46 South. 472.)
 1. Trusts: constructive trusts Where a person buys land and pays for 1t with his own money and takes the deed to himself, his mere promise, without consideration, to purchase the land for another. is not a contract out of which a court of equity will raise a trust.
 2. Specific performance: complaint; suficiency.-The allegations of the a bill for the specific performance of the contract. for failure to set out the terms of the contract with sum- cient particularly and clearness
 8. Same; tender.-The allegations of the bill examined and held not suf. ficient to show tender of the pug chase money.
 Appeal from Cherokee chancery Court.
 Heard before Hon. W. W. White. side.
 Affirmed. Opinion by Dowdell J.
 Tyson, c. J., Anderson and McCleI- Ian. JJ., concur. KETCHuM v. FAIRcLoTH- -sEGREsT COMPANY. Detinue.--(Dectded April 23, I9Os.--Ae South. 276.)
 1. Infants: removal of disability; da- cree.-Under Section S33, Code 1SS6. a decree which Is rendered and enrolled declaring that the minor is authorized to sue and be sued. contract and be contracted with, etc, following the
The Montgomery advertiser., 1908-10-11

The biggest of the having showed all the large Cities of America and has been by both Press and Public having No Equal. .3az fA.ss.+
Truth. [volume] (Salt Lake City, Utah) 1901-1908, 1908-04-11

will all Lagoon other outside Salt Lake
It's bad this bunch the league with the Ogden and Salt
Lake players and be hoped that they be induced
in with the other fellows
Slverskn the English setter which second prize in the
novice class the Utah Kennel show has been sold by Brapsord and
Keee the Gladstone kennels 1t is said paid
for the dog
Dad Gmn of Ogden has been busy of late
the that he baseball park within four blocks
of the of the and that he already has sufficient material for
rstcass assembled the Junction City With the ball park
located close the business district Gin figures that the attend
will be doubled and he figuring his making
little this You always that
backing Gimn the limit when baseball look
for fast team from Ogden this
Expert Kodak finishing Harry Shper Commercial Photog
raple Isl South Main St
Truth. [volume] (Salt Lake City, Utah) 1901-1908, 1908-04-11
Sporting Gossip

Aberdeen the Northwestern league while
Nor0p former eam-mate OF SponOerg trying 10r place o"
While bench show of the Utah Kennel Club
the entries being greater in number than last year
How the mighty have fallen defeated by Frank
game New hadn't ghost Of show with the
Russian Lion Goch the for the encounter while
championship says has desire again wreste
with him. match would not win back the title he has lost
The Y NJ c. A. tennis will be to the players on
April 18th The association has three fine courts on Second South
They took the Ogden
boys into their last Saturday the score being to
twenty-five members Of the organized Salt Lake Riding
hounds along giving few I on the flats the scare OF their
will hold its second 2nnSa physical department
18th Over $50 men and boys will take part 1 in the exhibition the
d' Do H tine t an m fs 6 that
they the will Gon n Salt hs hsg and t s s at
but will hencefor be the ranks OF the professionals Downing
an" It be RRa a with Atlanta
the or" her ss ar @ Se me hs ae
Stats" Davis who played first base for of the best
that Salt Lake has had oiciate umpire the Western
] no @ for e o the t9 % Z M sh e
chase him about forty blocks hurting words and pebbles
Jimmy Gardner Of LoIel Mass and Harry S Boston
twelve round in April
and of few dollars Honey Melody will
They evidently like the game Of football over scotland At
England and Scotland and there don number of
heads being cracked and everybody having good time The
draw, each team scoring goal
The local bike riders getting down genuine training
in shape for the Some of the boys doing
road work others sticking the track but the whole bunch be-
gins realize that the who in condition the opening the
going cop the hence
very little idlenes with the scorching brigade
Walkers field having couple gentlemen
promise supply the fans with first class article of base ball this
begins look though troubles the aforesaid
who have been the anxious OF
they can't the brand of ball
cities the National American but it's bet that
they will be given their moneys worth 1t will beat nothing all
And would be all surprising if should be furnished with
this Games be Saturdays
Sundays with representing Salt Lake and Ogden probably
other will be represented If there Murray
Douglas camoring for recognition in the Cheer
boys will have plenty chances yell
ball grounds this summer
Truth. [volume] (Salt Lake City, Utah) 1901-1908, 1908-04-11

THE APPRECIATION of Salt Lakes fashion,
4 able set is but a befitting tribute to Brand
wins Exclusive Millinery Conceptions, which
inbued Nth elegance and genuneneSS that
demands recognition at home abroad. The
coming week WiH be devoted to the exploitation
of Easter Creations each one different, each one
Brandwin'S
100 South Main
Arizona republican., 1908-02-18

indictments upon which he is to be tried. Tomorrow Ach will resume his argument.
Arizona republican., 1908-02-18

there a human parsonage in evidence.
 The story it tells is. however. thou
 oughly human in it's interest and
 could be used with slight alteration
 were the birds real people. MT. Pix
 ley has handled his material very
 cleverly and has avoided the silly or the grotesque. The characters are all Costumed to suggest rather than actu ally represent the birds. for there are
 no feathers and but few beaks or
 claws. Thus the beauty of the young
 wOmen's faces and figures is enhanc- | ed and all absurdity avoided. The | Eagle is represented as the absolute monarch of Woodland" the Owl as the Chief Justice; the Rooster as the ! Chief of Police; the Jay Bird as the tramp politician; the Jenny Wren is
 a pert and saucy ingenue, the spar rows and robins, soldiers; the Peacock is a vain leader of society; the Dove ! is a gentle ingenue and the Nightin-
 gale is prima donna with sweetly tin kling top notes. In keeping with the subject, the story will be found simple and of slight texture, more suggestive of Alice in Wonderland" or the fan
 tastic legends told in' children's story
 books rather than of pretentiOus liter arV efforts
Arizona republican., 1908-02-18

set out in that direction and soon got track If the horsethieves. He found an Indian to whom they had traded a set of harness for lot of flour. He also found that they had made several attempts to cross the river but had been turned back until they came to the Gila crossing. The officer follow ed and midway hC got into quicksand and nearly lost his horse. He was ac- companied by a young Indian and be- tween them they managed to get the horse out on one side of the river and the buggy on the other. They lost the contents of the buggy including their lunch.
 Dripping wet they followed the trail until they found it leading west. They had lost two hours in the river and being hopeless of overtaking the thieves they turned into Maricopa and Olea notified the office of the direction the thieves had taken. telegram was sent to Deputy Sheriff Williams at Gila Bend yesterday morning The men had been there the night before. He followed them on the receipt of the telegram and overlook them fifteen miles east. His description of the men tallies with that of Howard and Odeli. They are after all only boys Howard being IS years old and Odell 20,
Arizona republican., 1908-02-18
THE BLUE MOON WAS
 MARKEDLY POPULAR
James T. Powers is the Bright Star in the Constellation of Comedians in the Theatrical Armament.

James T. Powers in The Blue Moon drew a crowded house at the Doris last night While the Los An geles papers statements that Jimmy is the whole show cannot be said to be literally true, he very near comes be- ing ten-tenths of it. As a com edian he is by far the best that has been seen in a comic operag here this season. The play abOunds in new and brightly. scintillating jokes which he flashed on the assemblage SO rapidly that it required mental acrobatic achievements to keep up with the fun.
 Laughter became contagious the moment Powers drifted before the footlights. In this success, as acting band master of Royal MuzZervernug
 ger native band. his face in no small and iRconspicious way plays vital part More and more it proves that the best comedians are born not made up. The support given by his leading lady. Clara Palmer as Milli- cent LeRoy. was charming. She was a sparkling and sauey ingenue who won the admiration of everyone Frank Harrington as the Major was excellent and Harry Griffith who played Cap tain Jack Ormsby possessed a very pleasing baritone voice. Phil Ryley as Moolraj. the idol maker and marriage broker, contributed to the infectious