davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1908-04-23

heard Agapa's treachery and, in the hope that should escape. had brought the gear.
 You will come with up. Pepitar" said Masita eagerly.
 But she drew back. 'No. signorfna, I shall wait for Breva's return" she replied. T could not go."
 ''But if they find out what you have done." I urged. "youL"
 They will not find out" she broke in quickly. "Agapa locked me in my room and I can get back without her knowing I have left it.
 Come with us. Pepita. and wiil see that you are safe and Breva. too, and will provide for you both for iife,' urged Masita.
 "You must come. Pepita." I said ear nestly.
 At hthat moment we heard afresh sounds from the direction of the fort ress hut "Go, Beppo. go," cried Pepita.
 Not without you after this" de- clared.
 She put an effective end to the dis cussion: for without word she turned and ran up the path like deer and
The Montgomery advertiser., 1908-04-23

disappeared in the gloom. started to follow her: but again the warning sounds of pursuit broke out. They were nearer this time: and as I still stood hesitating, loud shout in Bel tano's voice told me that he had re- covered and was leading the men to the boats.
 There was nothing for it. therefore, but to trust to Pepita saving herself by her own wits. and, jumping into the boat. I pushed off and pulled out to the mouth of the cove with all my strength in the teeth of a stiff head wind.
 We were only just in time. Had I hesitated a minute longer we should not have escaped without fight and bloodshed. had not reached the mouth when the men came running down the path; and a half dozen shots were fired after us. None of the pull let's touched the boat, however; and a couple of minutes later we were out of the little bay. and with an interven- ing biuff between us. we were safe from pursuit as well as from the risk of a chance shot.
 (Continued Tomorrow)
The Montgomery advertiser., 1908-04-23

Committeeman of the Bryan and Dem- ocratic Campaign Club of Clarke coun- ty, which was organized today at the mass meeting:
 President, J. F. Aldridge: vice-Pres- idents, John s. Chapman. Judge Clay ton Foscue, J. w. Cunningh am. E. F. Wilson, Grove Hill; J. w. Matthews. Nealton; T. W Davis. Tn omasyifle; T. L. Bedsole. Thomasville: c. H. Will son, J. l.. Scruggs. Coffeeviile; w. l.. Waller. Gates; Judge Wright, Chance' E. o. Bedsoie, Campbell. secrstady. c. A. Carlton.
The Montgomery advertiser., 1908-04-23
CHAPTER xxxv.
 The storm.

As stood with my weapon levelled. peering through the gloom to get clear view of the man stealing toward me from the direction of the farm stead, light touch fell on my arm and turned to find Masita at my side. Puzzled by the delay. she had crept up, her footsteps unheard in the racket of the wind.
 I pointed silently in the direction of the figure. Her eyes were quicker than mine, and after a rapid glance she put her lips close to my ear and said hurriedly: "A woman: at the same time stretching out her hand to my revolver.
 She was right; and . couple Of sec. onds later I recognized Pepita. Her slow approach was explained by the fact that she was struggling under the weight of a heavy burden which she was carrying. half dragging.
 ran forward and found her load consisted of a pair of oars and a mast.
 Thank the Virgin you are here, Beppo," she cried, as I took them from her. ''I have a sail. too. I'll fetch 1t. and without more delay she darted back.
 carried them to the boat. and then ran back to await the coming of the men. But there was no sign of their approach and now no sound from their direction. I guessed, therefore. that the noise had mistaken for the sound of pursuit had been caused by their discovery of our escape. Finding Bell tano wounded, they were none too eager to face the risks of a pursuit.s until at last he should have recovered and be able to lead 1t.
 Pepita was soon back with the sail. and as took 1t and hurried again to the boat. she, told me she had over
The Montgomery advertiser., 1908-04-23
Vanderbilt Drives Coach.

London, April 22.-Alfred G. Van darbiIt, whose effort to revive inter est in coaching in England has been SO sympathetically received. left Lon. don this morning on the first of se- ries of trial trips over the Brighton Roads. He was accompanied by a small party of friends. big crowd assembled outside the hotel where the start was made and gave the Amert- can a hearty send-on while the police stopped trafic in Picadilly in order to allow the coach to gain a free pass age.
The Montgomery advertiser., 1908-04-23
IMPROVEMENTS IN FLORENCE.
City Council Begins Movement to Cieau


 Florence. April 22.-(Specia1.)-At a meeting of the city council last night an ordinance was introduced to re- build and beauUfy Wood Avenue and make it handsome boulevard.
 The improvements will extend from Tennessee Street to Seven Points. distance of nearly two miles
 The city was never so alive to the importance of sanitary reform and the City Council, the Commercial Club and the Civic Improvement Association are combined In vigorous crusade against filth and for beautifyins the town.
 Additional sewer systems will soon be under construction in several sec tions of the town at the Council meet sng last night the City Attorney wal Instructed to draw up an ordinance providing for a sewer system In Eas' Florence, the factory district. and one of the most thiclxly populated in the city.
 The Council named the week begin ming with the first Monday in May as the annual spring cleaning week.
The Montgomery advertiser., 1908-04-23
crinenm in Florence.

Florence, April 22.-Lloyd c. Gris- com, the American Ambassador to Italy. and Rev. Walter Lowrte, rector of the American Church at Rome, ar- rived in this city today to participate in the ceremonies on the occasion of the laying of the foundation stone of the American Episcopal Church here tomorrow.
The Montgomery advertiser., 1908-04-23
BIRMINGHAM RAILWAY L. & F
 Gn v IAEEEE.

Injury to Person on Track.-(Decided
 Jan. 18th, is0S.-45 So. Rep. 469.)
 l. Street railroads: operations; per Ronal injury: wantonness; pleadinR.- A count charging that defendants car was wantonly and recklessly propelled. and while being so propelled. was run over plaintiff. is insufficient as a count in a wanton injury. for fail ure to aver that the injury was wan tonly inflicted, and for failure to charge A conscious Knowledge that the wan tonness would probably result in in- jury. or for a failure to set forth such a state of facts from which such knowledge might be reasonably in ferred: but it Is good as count in simple negligence. and open to the defense of contributory negligence
 2. Same-A count charging that the car which struck plaintiff was being
The Montgomery advertiser., 1908-04-23
GROVE HILL BRYAN CTIrp
Mr. TOmIinsOn Addresses Citizens ,
 Clarke County,

Clarke County.
 Grove Hill. April 22.-(SpecfalO- Hon. John w. Tomlinson addressed the house today. He was greeted bv a large audience and his remarks were liberally applauded.
 The Bryan Democratic Campaipn Club of Clarke County was organized MT. Tomlinson also made an address at the hisn school at II o'clock on the subject of education. He spoke at Jackson last night.
 Resolutions were passed by the CIub endorsing John w. Tomlinson. F. ", Booker. H. D. Clayton and J. Thomas Hehin for delegates at large to the Democratic National Convention. J. N. Gransde of Washington County. and L. F. Bugg of Monroe County were endorsed for delegates from this dis triet.
 The following are thA omnA-. --.s
The Montgomery advertiser., 1908-04-23
LIQUOR MEN AROUSED.
New York Dealers arc Opposed to Keep CTS of Dives.

New YOrk Dealers arc Upp0sed 70 heeV- CTS of Dives.
 New York, April 22.-The Liquor Dealers Association has been waging a war against the dive keepers of the East Side for some time and a com nittee of fourteen has been named to determine what would be the best plan to follow in order to put proprietors of disreputable resorts out of business.
 The Liquor Dealers Association. to which most of the saloon keepers of the city belong. has brought such pressure to bear on the brewers that if has been decided to stop selling any liquor whatever to keepers of dives and other questionable resorts.
The Montgomery advertiser., 1908-04-23

The Musical Novelty. A rare treat for all.
 The opportunity of hearing the best College Band in our country In concert Friday night at the Grand. 80 instrn- ments, 6 solos. A famous brass guar tette number. The sweet old Southern melodies.
The Montgomery advertiser., 1908-04-23
GRAHAM V. THE STATE Robbery Jan. 23, 1905.

Robbery.-(Decided Jan. 2S. lsOe'-
 i. With Witnesses; @ competency; knowi- edge.--where it was shown that witness visited the place where t Is said the robbery was committed. on the morning after its commission. and no ground of objection was stated, 1t is competent for the witness to state the condition of the ground at the place.
 2. Same, credibility Of witnesses: as to the gem erai character of the witness IS ad- missable in support of his testimony where such witness has been sought to be impeached by evidence of contra dictory statements.
 8. Criminal law: instruction; alioi An instruction which asserts that defendant introduced testimony that at or about the time the alleged rob bery was committed he was at an- other place 50 far distance from the place of the robbery allged therein that he could not be guilty and that although the alibi might not be ex- act, yet, If 1t raised reasonable doubt of defendants guilt, he could not be convicted, was not objectionable as an intimation of the courts opin- ion concerning the alibi. especially when the court in the same connec- tion stated to the jury that he did not intend to express any opinion about 1t one way or the other end fully explained to them that they were the sole judges of the sufnciency of the testimony
 Appeal from Montgomery City Court
 Heard before Hon. W. H. Thomas
 Affirmed. Opinion by Simpson, J.
 Tyson. c. J., and Haralson and Denson. ]. J., concur.
The Montgomery advertiser., 1908-04-23
CRAWFORD V. ENGRAM. Bill tc determine a legacy. (Decide

bilI tc uelcTHlAue d leKaCy. IDeclQGQ
 Dec. 19. 1907. 45 South.5s4.)
 1. Wills; construction: vested or contingent bequests. The rule for determining generally whether a be- quest Is vested or contingent is that where the time of division is the sub- stance of the gift, the bequest is con- tingent, but where time is only men, tioned as qualifying clause of pay- ment or division the bequest is a vest ed one.
 2. Same; presumption. The law re- gards legacies as vested rather than as contingent and the presumption is that they are vested, when the intention is obscure or doubtful.
 Same; vested or contingent; fn- terest The rule that where there are no words importing a gift, other than the direction to the exeeutor to divide and pay at future time the bequest Is a contingent one and does not become vested until that time arrives, Is not usually applied where the gift is to the legatees by name and will, as A whole shows an intent to vest the Ie- gacy in the named persons.
 4. Same Under the will under con- sideration the children named took vested interest in the remainder of the estate subject to the life estate of the wife.
 Appeal from Barbour Chancery Court
 Heard before Hon. " L. Parks.
 Affirmed. Opinion by HaraIson. T.
 Tyson, c. J.. and Simpson and Den. son, JJ., concur.
The Montgomery advertiser., 1908-04-23
GUNTER, EFT AL. V. BELsER EFT AT
 In ilnefinn (nAclAaA Q. ..

GUNTER, EFT AL. V. BELsER. EFT AL. Injunction; (Decided Jan. 2l, 1908. 45
 South. 5s2)
 Judgment; certificate of: reRfstra ton; sufficiency. The fact that d cer- tihcate of Judgment. in one instance. used the name Evans instead of Evans Hinson." as one of the owners thereof. did not render such certiflcat te insufficient to create lein when nrop- erly recorded; especially, where the same certificate in several other places used the name Evans Hinson" ana he was the only Evans" mentioned therein.
 Appeal from Montgomery City Court.
 Heard before Hon. A. D. sayre.
 Affirmed. Opinion by Denson I
 Tyson. c. J.. and HaraIson and sImp- son. JJ., concur.
The Montgomery advertiser., 1908-04-23
pAPPor V. HOWARD.


 Breach of Contract Decided Jan. 1s, l90S.--45 South. 581.)
 1. Trial by court; finding of facts; time.-It is not required that the spe- cial finding of the facts, as provideo for by section 3320. Code 1Se6, should be simultaneous with the rendition or the judgment; 1t is sufficient if they are found and made part of the re- cord bcomes the judgment becomes final by operation of law on account of adjournment or on account or some statutory tlovision.
 g. Same, filing of finding, amend ments nunc pro tunc.--Where the spe- ciai findings was filed with the clerk within the period, his failure to in- corporate them in the minutes may be cured by an amendment nunc pro tune.
 8. Appeal: record amendment time.-if properly certified to this court, it Is immaterial that the amend ment nunc pro tune was made at susequent term and pending the appeal to this court.
 A. Same; review, harmless error; right to recover in any event.-Where. under the evidence, the plaintiff has no right to recover in any event, any error as to rulings on specialpesae of other matters not affecting the evt- dence, are harmless.
 Appeal from Jefferson Circuit court.
 Heard before Hon. A. A. Coleman.
 Affirmed. Opinion by Anderson, J.
 Tyson, c. J., and Dowdell and Mr- clellan, J. J. concur
The Montgomery advertiser., 1908-04-23
CITY COUNCIL OF MONTGOMERY

CITY COUNCIL OF MONTGOMERY,
 EFT AL. V. WALKER Mandamus to compel the city to put in
 force certain acts. Decided Jan. 27. 1908. 45 South. 5s6.)
 Judgment; conclusiveness; persons concluded. Where petition was filed by tax payers to compel the city coun- cil to execute and put fin force an act of the legislature, and judgment was had denying the writ and dismissIng the same, such a judgment is res ad- judicata as to a subsequent petition filed by the different tax payers seek : ing to enforce the same matter
 Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre.
 Reversed and rendered. Opinion by Simpson. J.
 Tyson. c. J.. and Haralson and Den son, JJ.. concur.
The Montgomery advertiser., 1908-04-23

Excursion tickets for the Fama NaclOnal
The Montgomery advertiser., 1908-04-23

until they had passed, and then made tor the landing stage at full speed.
 There wasn't a second to lose. The moment they discovered Beltano and heard from Agapa what had occurred they would rush down to the boats and stop us; and I urged Masita forward and at last took her hand and half dragged her on.
 At the top of the path leading down to ths boat stopped and sent her for ward. have her my knife to cut the rope holding it to the stage, and told her to call to me If the oars were in 1t. Start without them, we could not. of course and If they were not there, must get them somehow. if had to shoot every man on the Island first. And the spot where I stood would give me a greater advantage in light than any other.
 My heart beat fast as I waited for her voice.
 There Is nothing in the boat" she called; and even as she spoke I heard the sounds of our pursuers.
 I crouched out of sight and waited Get away would at any cost. l swore that to myself; and I took out by re- volver, resolved to shoot the nrst man who showed himself clearly enough to make my adm certain. They were seeking my life, and to defend tnat would take theirs without erupie.
 Then another sound reached me from the direction of the farmstead. Others were evidently coming from there 70 take a hand in the matter; and kept shifting my eyes from one direction to the other, searching the darkness for the first sign of our pursuers. was at bay and as utterly reckless m reality now as ever Beppo Serrano hau been believed to be.
 The first conner was from the farm- stead, and as I caught sight or ms figure through the gloom. l raised my weapon and took careful aim.
The Montgomery advertiser., 1908-04-23

DAVIS. EFT AL. V. GERsoN. EFT AT. Bill to declare an absolute deed a mortgage and to have been obtained by fraud. Decided Dec. 19. 1907.
 24 South. 5S7)
 1. Acknowledgement taking and certifying; time. An acknowledge ment is not void because not certified at the very time the execution is made. 2. Same; construction. Certificates of acknowledgment should be liberal- ly construed and held sufficient if it fairly appears that there has been a substantial compliance with the sta tute.
 Appeal from Montgomery City Court
 Heard before Hon. A. D. Sayre.
 Affirmed. Opinion by Anderson. J.
 Tyson. C. J.. and Dowdell and Mo- Clellan, JJ.. concur.
The Montgomery advertiser., 1908-04-23
Head Notes of the Decisions
 of the Alabama Supreme Court

operated at the usual rate of speed in a populous city. and that the motor man was wantonly and recklessly run ming the car without looking ahead. and at the time of the accident was looking towards the rear of the car, was not good as a count in wanton injury. for a failure to charge con scious knowledge on the part of the motorman that his failure to look ahead would probably result in the injury; but is good count in simple negligence. to which contributory neg ligence is pleadable as a defense.
 5. Same--A count charging wanton- ness generally and then setting forth a state of facts showing a negligent omission of the duty to keep a look out ahead. and no conscious knowledge that such omission of duty would pro- bably result in the injury. Is not a good count in wanton injury, as the facts set out therein control the gen. eral charge of wantonness; but is good count in simple negligence. ana nothing more.
 l. Some.-where a count charges wantonness and wilfullness .n general terms and sets forth no facts upon which such averments are based, such count. under our liberal system of pieadings. charges wantonness. and IS not open to the defense of contribur- ory negligence.
 Appeal from Birmingham City Court
 Heard before Hon. C. W. Ferguson.
 Reversed and remanded Opinion by Dowdell, J.
 Tyson. c. J., and Haralson and Mo- Clellan. J. .. concur.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1908-03-13

Fifty dollars a month was yesterday
granted to Mrs. Mary Barnes by an
order from Judge Brents of the SUI
perior court, to support her three minor
children, Evella, Elizabeth and Thel-
ma. The money is to be taken from the
estate of $1,000, to which the children
are heirs.
Invitations have been extended to
the members of the local Commercial
club to attend a banquet given by the
Progressive club of Waitsburg to
those who represented that city on the
Inland Empire excursion. The feed will
be given next "Wednesday night and il
is probable that several will go from
here.
assistant, Mrs. Josephine Preston. to-
4ether with Prof. Bratton of Whitman
college and Profs. K1emme and Dea-
son Of the high school, go to Prescott
tomorrow where they will hold a coun-
ty teachers meeting. All the teachers
in the county are invited to be present
but attendance is not required.
IS
G.. Lloyd Jones, we'll known local
newspaper man, yesterday afternoon
suffered very painful accident in
slipping at the skating rink. breaking
his arm at the wrist in falling. DR..
Robinson set the injured member AMI
it is progressing nicely. 1t will be some
weeks. however, before Mr.. Jones will
be able to work again.
A real estate deal was made yester-
day whereby J. r. Phillips traded II
lots and three residences on South
Fourth street to G. w. Reynolds for
rs acres of farm land located seven
miles west of Walla Walla on the lit
tie Walla walla river. The land is
partly irrigated by the Little Walla
Walla. Mr.. Phillips valued his city
property at $4,000. - <a~
Divorce proceedings We're yesterday
begun in the superior court by Avian
NJ. Vendeford, against his wife, Leona
Vandeford. In the complaint the hus-
band sets forth the facts that the
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1908-03-13

couple were married at Bolliver, Mo-.
On December 81, 1902. Less than
year later, on September Il, 1908, he
says his wife deserted him. There are
no children.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1908-03-13

couple were married at bOiliVeF, Mo.s
On December 81, 1902 Less than
year later, on September 81, 1908, he
says his wife deserted him. There are
no children.
The girls glee club of Whitman col
Henri Apply, their director, left on the
afternoon train for Pomeroy, where
they will give a concert tonight. They
will return tomorrow.
AS a result of the first campaign
for members, the committee of the
Commercial club having that line of
work in charge succeeded in landing rs
new members for the club yesterday.
The work is to be continued and
pushed harder than ever. Every resi-
of the committee, will have an oppor-
tunity to join in the near future.
William Williams was arrested this
morning by Officer Doyle on the
charge of being drunk and disorderly.
Williams is a cigarmaker, who, ac-
cording to the police, blew into the
city about 10 days ago and secured
work in one of the local manufactures
but his dissolute habits lost him this
position before two days had passed.
Since that time he has spent his time
in the streets praising his own ability
as cigarmaker. Last night he i'm
bibed little too much and was taken
up about II o'clock this morning.
At the meeting of the Commercial
were amended so that the regular an
nual election will take place on the
second Thursday in April instead of
the second Tuesday in April, as the
constitution has read. This action was
again necessary from the fact that
when the meetings of the club were
changed from Tuesday to Thursday,
the matter of the election was over
looked and in order to hold legal cleo
ton a special meeting would have
been necessary.
New Englanders of this city will cell
citrate the fact that they are New
Englanders by giving an old fashioned
New England dinner at the Congrega-
tional church on Friday evening,
March 20. Costumes from the old
home states will be worn and a good
time is promised themselves by those
from the northeastern part of the
United States. Anyone from New Eng
land who is not a member of the New
England society Of this city, will get A
card for the occasion by calling up
Guy Allen Turner, whose telephone
number is Main 528. y ~
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1908-03-13

last night sprung a surprise on the
rotund element of that organization
when they turned the basketball tables
set some two weeks ago by the Fats
and handed them defeat which to-
tailed 11zto s, The game was full OF
sensational plays, and spectacular work
on the part of both corpulent and
emaciated players. The lineup was as
follows: Slims-F'isher. center; Payne
and Mclean, forwards; Thomson and
Buckles, guards, Fats-Carey, center:
Bond and Hill, forwards; Stirling and
Bowers. guards.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1908-03-13
ATHLETICS GO TO MOBILE.
NEW ORLEANS, March 13.-Pl

NEW ORLEANS, March 13.-Play-
ers of the Philadelphia American
League team have about completed
their practice season in New Orleans,
and on Monday will proceed to Mobile
to play an exhibition game with the
Southern League team in the old Gulf
city. Other exhibition games sched-
uled are:
March II and Is, with Montgomery:
10 and 90. with Birmingham; 81 and
t22. with Memphis: %, with Nashville;
"a and %, with Louisville; 26 and q,
with Indianapolis; % and 20. with CO.
lunnbus; 80, with Lancaster, Pa.
| Upon the return of the team to
Philadelphia, a game will be played
with the University of Pennsylvania,
after which the Athletics will meet the
Philadelphia National League team
in a series of seven games.