davidaulloa/AmericanStories huggingface dataset:
The Washington herald., 1908-01-17
SUPREME COURT or THE DISTRICT OF Q

SUPREME COJRT OF THE DISTRICT OF Coz
lumbis holding a Probate Court. No 1885. Ad-
ninistraton.-Tlis is 20 give notice that the sub
scTiber. 81 the District # Columbia has obtained
from the Probate Court 4 the District Il Colum-
hia letters Of administration on the estate q
John J. MCm,usy, late # the District z Co
umhis deceased. An rtrsaDs having claims against
the deceased ore hsrshv v1med 10 exhibit the
SANE with the vouchers heTe.f l,gally a8theuti-
Gated. 10 the subscriber on OF before the STH
DAY OF JANUARY. A. y. 1880; otherwise they
Eav by law De excluded from all benefit n said
estate Given under ms hand this Sth day u
January 1893 EDWIN b. HESSE. 40 IN. ave nv.
Attest: iStaI JAMES TANNER, Register q
Wills for the District 81 Columbia CIerE q the
Probate Court. F. II. STEPHENS. Attorney.
ialeE2f
The Washington herald., 1908-01-17

IN THE SUPREME COURT OF THE DISTRICT
OF Columbia. Frances ~ lrelan Us. Harriet L.
Kendall &c al No, 274.5 Equity-The object Of this
5't Is TO sell Tor partition an the property Il which
the late George H. i. White died seized namely
lot Z, subdivision Il square IA lot 3D. square 90
lot g block 49, subdivision North Grounds n Co
lumbar University; lot g. block Z, Cleveland
Heights, lots . and so. block 4 lots 4. 8. and g.
block 6. l9ts Is and u. block u lots and T.
block l. Subdivision Of rart of ninidad' uudi-
gided half interest iu west 2590 feet Of lot square
81 undivided twentieth interest il parts q 'Lucsy
Discover and Pretty Prospect" das.g1had in
deed Teeoried u iIher ii,4 folio lsi. 81 the land
records o. the District # Columbia, all being IN the
District n Columbia ON melton Of the plaintiff IL
is tins 10th day Of January. A ID. l9s ordered
that the defendant. Harriet J.. Kendall. cause her
appearance 20 be entered herein on or before the
tortleth dsy. exclusive a. SUNDAYS and legal holi-
days, occurring after the day Of the first publication
u this order otherwise the cause wili be- proceeded
with e. lu ease of default. Provided cepy o( this
order be published once a week for three successive
weeks prior 70 said day iu thc Washington law Re
porter and THE Washington Herald ASHLEY n.
GOULD, Justice a true crV-Test; tse8Il J. T.
YOUNG. Clerk. By WINS. f. LEMON.
jal74M
The Washington herald., 1908-01-17

SUPREME COURT or RE DISTRICT OF Co
lHInhia. holding a Probate Court No. 1875, Ad-
minlstTati0n-This Is 10 give notice tba; the sub
scfiher Il the District r Columbia has obtained
from che Probate Court = che District Il Columbia
letters ~ administration on she estate & William
heuHedv late q fha District of Columbia deceased
All persons having claims against the deceased are
hereby warned 90 exhibit the same. with the
vouchers thereof legally authenticated. 90 the sub
srriher, on OF before the 5TH DAY OF JANUARY
= D. $780, otherwise they may bT law b. exc udsd
from al benefit ~ said estate Given under my
hand this sth dsy. &c January I12 EDWIN b.
HESSE, go Louisiana avenue northwest Attest.
tocall JAMES TANNER Register - Wis foF
the District Ct Columbia. tlerk ~ rho Probate
Court T. II. STEPHENS Attorney. iai3Esi
The Washington herald., 1908-01-17

The Largest Morning Circulation.
The Washington herald., 1908-01-17
LOST AND FOUND.

LOST-PAIR ROLLER SKATES. ENTRANCE
Herald Building: person taking them please re-
turn; no questions asked. C., Herald Office.
BEST AND CHEAPEST ICE CREAM AT La
CEY S. 60I New York ave. ja3-u
The Montgomery advertiser., 1908-09-02
Duffy's Pure Malt WhiskeV

is an absolutely pure distination of malt ed grain. great care being used to have every kernel thoroughly matted. thus destroying the germ and producing a predigested liquid food in the form of a malt essence. which is the most ef- fective tonic stimulant and inngorator known to science; softened by warmth and moisture. its palatability and free dom from injurious substances render it so that it can be retained by the most sensitive stomach.
 If weak and run down, take a tea spoonful four times a day in half glass of milk or water.
 Dufy's Pure Malt Whiskey is sold throughout the world by druggists. grocers and dealers. or shipped di- rect for $l.00 large bottle.
 If in need of advice. write Consult ing Physician. Duffy Malt Whiskey Company. Rochester. New York. stat ing your case fully. Our doctors will send you advice free, together with a handsome illustrated medical booklet containing some of the many thousands of gratifying letters received from men and women in all walks of life. both old and young, who have been cured and benefited by the use of the world's eTeatest medicine. s,
The Montgomery advertiser., 1908-09-02
NEW SKIN REMEDY
 STOPS ITCHING
Skin Troubles, Aggravated by Hot
 Weather, Quickly Cured.

When it Is known that poslam, the new skin remedy. will stop the tor turous itching attending eczema with first application and bring immediate relief and comfort to sufferers from all skin troubles which are aggravated by hot weather. Its merit will be in- srantly appreciated. On the tender skin of chafng infants. poslam may be used with soothing and beneficial effects. It is applied externally. and It's remarkable healing powers begin their work at once
 All skin diseases. including eczema. acne. herpes, rash. letter. etc. yielo readily to It's remarkable curative properties. Occasional application of poslam. in small quantities. will quick ly banish pimples. hives. blackheads. hlotches. and will relieve and cure itching feet, scaly scalp. humors, etc. A special 50-cent package has been adopted for those who use poslam for these minor troubles. This. as we'll as the regular two-dollar Jar. ts on sale at E. c. Powders and other leading drug stores. in Montgomery.
 An experimental supply of poslam may be obtained free of charge. by writing to the Emergency Laborator- les. 32 West Twenty-fifth Street. New York City. (D.
The Montgomery advertiser., 1908-09-02

other evidence in determining wheth- CT or not defendant shot deceased: and that 1t was not incumbent on accused to show what became of the pistol of deceased. if he had one on his person. when he was, shot. were each properly refused as being argumentative. and as giving undue prominence to partttc- ular portions of the evidence.
 22 Same: instructions invading pro- vince of Experimentation asserting that if the jury believe all the evidence they should find that decedent was kill- ed by a third person; that If they found that such person fired the shot that killed decedent they should ac- quit; and that there was no evidence showing conspiracy or pre-arrange- ment between defendant and such third person to kill decedent, were properly refused as invasive of the province of the jury.
 2s. Same.-Although there was no direct evidence on that point, where there was evidence leaving an infer ence open to the jury to so find 1t was proper to refuse an instruction assert ing that there was no evidence that defendant got deceased's pistol. If he had one when shot.
 24. Same: duty of jury.-A charge asserting that if the jury believe from alI the evidence beyond reasonable doubt that defendant Is guilty they should convict. although they believe 1t to be possible that he is innocent. Is proper.
 25. Same-Ln each crknina1 case. each juror must agree upon the verdict before they can acquit or convict; oth- erwise it Is not a verdict
 Appeal from Morgan Circuit Court
 Heard before Hon. D. w. Speake.
 Reversed and remanded. opinion by Dowdell, J.
 Tyson, c. J.. Anderson and Mcclel- Ian, JJ., concur.
The Montgomery advertiser., 1908-09-02

The title to the bill was "to further regulate opening, closing, keeping and selling or giving away spirituous, etc, liquors under license operating sa- looms, etc, and to punish the viola tion thereof"; and the title of the sub stitute which became the law ito fur ther regulate the opening. closing and operating saloons and giving away or selling spirituous, etc.. liquors, under license, etc, and to punish viola tions thereof" Held, that the title of the substitute was but an expansion of the title of the original bill, and not a departure from the purposes of the original bill within the meaning of Section 6l, Constitution 1901.
 (. Same; title: suficiencxs-tTha titIs
The Montgomery advertiser., 1908-09-02

of the act approved Aug. 2, 1907 (Acts 1907, p. 51s), is not violative of the provisions of Section AS, Constitution 1901.
 5. Same; partial invalidity.-Not. withstanding that a portion of the act approved March 2. 1907 (Acts 1907, D.. 61S), which makes it an offense to deliver intoxicating liquors during prohibited hours is invalid, because not embraced within the title, this fact does not affect the other proviisons of the act, which are valid.
 Appeal from Mobile City Court.
 Heard before Hon. O. J. Semnes.
 Affirmed. Opinion by Mcclellan. J.
 Tyson. C,J., DowdelI and Anderson. JJA concur e-''
The Montgomery advertiser., 1908-09-02
IRBY V. WILDE.

E Ihbx W. WILLIE. Damages for Assault and Battery
 (Decided April 16, 1908. 46 South.
 545.)
 l. Assault and battery; evidence. - Proof of the statements made by de- fendant to third person as to what he did to plaintiff on the day of the difficulty is admissible, not only as a declaration against interest, but as tending to show the animus of defend- ant towards the plaintif.
 2. Same.-The judgment of convic- ton of defendant in a criminal case for the same assault and battery charg- ed in the civil action is not admissi- ble In justihcation or in mitigation of the exemplary damages which the jury may award.
 Appeal from Barbour Circuit Court.
 Heard before Hon. A. A. Evans.
 Affirmed. Opinion by Tyson, c. J.
 Dowdell. Simpson and Anderson, JJ., concur.
The Montgomery advertiser., 1908-09-02

date of the maturity of the next note. was not a waiver of the default occur ring upon the failure to pay on the date of the maturity of both notes.
 Appeal from Jefferson Chancery Court.
 Heard before Hon. Alfred H. Bennera
 Af1rmed. Opinion by Tyson. c. J.
 Dowdell, Anderson and Mcclellan. JJ., concur.
The Montgomery advertiser., 1908-09-02
Cured Chronic
 Dyspepsia.
Mrs. w. Warner, New Orleans, La, after Suffering for Years from Dyspepsia, found Im- mediate Relief from the
 use of Duffy's Pure
 Malt Whiskey.

Recently she wrote:-'I have been suffering from dyspepsia for the last l2 years. and have tried almost everything, but failed to get relief. I was told to try DuGy's Pure Malt Whiskey. I went to the drug store and bought a bottle. and before l finished using it was relieved. l have been talk ing Dufy's Pure Malt Whiskey for some time and am glad to say it was the medicine that cured me. I highly recommend it to any one suffering from dyspepsia.'
The Montgomery advertiser., 1908-09-02
CRABTREE V. ALABAMA STATE
 LAND CQAfpANY

Bill to Juiet Title. (Decided April IS,
 1908. 46 South 450.)
 1. Quieting title: character of title; f; disputed or scrambling possession The character of possession that will defeat an action to quiet title Is not necessarily such adverse possession as
The Montgomery advertiser., 1908-09-02
Head Notes of the Decisions
 of the Alabamd Supreme Court

they had been executed, into a convey ance of realty, they were, at most, as to the realty referred to, but verbal agreements to mortgage. occupying no nisner position than an oral agree ment to mortgage personal property, ana hence not enforceable because not In writing and signed by the mortga- gor.
 5. Same: definition of mortgage-A mortgage may be defined to be a con- veyance or transfer of property, real, personal or mixed, as a security for a oebt, or in discharge of some obliga- ton.
 Appeal from Houston Chancery Court.
 Heard before Hon. W. L. Parks
 Affirmed. Opinion by HaraIson. J.
 Tyson, c. J., and Simpson and Dem son. JJ., concur.
The Montgomery advertiser., 1908-09-02
GAYLE vs. COURT OF COUNTY COM
 MISSIONERS


 Proceedings to Establish Public RoaIfJ.
 -Decided April 9, 1908. 4e South.
 261.)
 1. Appeal; review; presumptions.- This court will always presume. on a fair and impartial jury, unless the contrary affirmatively appears.
 2. Same; harmless error: peremp- tory challenge.--If the case was tried by an impartial jury and such is the presumption, the. allowance of an un- authorized peremptory challenge is harmless error which will not work a reversal.
 8. Highways; proceedings to estab- fish; evidence; admissiblty.-The re- suit that would have obtained had the road been run on the other side of the complaining land owners house was immaterial to any issue involved in a proceedings to establish a high way, and the exclusion of such evil dence is proper
 4. Witnesses; cross examination The owner of the land sought to be taken for a public highway having testified to It's value, 1t was permissible to ask him on cross examination as to how he valued 1t in giving it in on assessment for taxes, as declaration against interest, nor was such testi- mony objectionable as being secondary evidence of such assessment.
 Appeal from Jackson Circuit Court Heard before Hon. W. W. Haral- son.
 Affirmed. Opinon by Anderson, J.
 Tyson, GU, Dowdell and Mcclellan, JJ., concur.
The Montgomery advertiser., 1908-09-02
MOODY V. HuNrooN.

Action to Enforce Award of Arbitra-
 tors. Decided April 16, 1908. 4e
 South. 452.)
 1. Venue; place where cause of act ion arose-The subject matter of an award was damages for cutting trees. the agreement to arbitrate was made in the precinct where the cutting was done, the arbitration was had and an award in writing made in the same precinct, and defendant lived in. an- other precinct. Held, under section 2669. Code 1896. that tho suit was properly bought in the precinct where the cause of action arose and tho award was made
 2. Arbitration and reward; action on award; evidence-Secret instructions given to the arbitrator for one of the party. not communicated nor intended to be communicated to the other par ty, and forming no part of the sub mission for award. was incompetent testimony and properly excluded
 Appeal from Jackson Circuit Court.
 Heard before Hon. W. w. Haralson.
 Affirmed Opinion by Dowdell, '.
 Tyson, c. J., Simpson and McCleI. Ian, JJ.. concur.
The Montgomery advertiser., 1908-09-02
WILLIAMS V. DAVIS.

Blll to Specifically Enforce Verbal
 Agreement to Execute Mortgage
 (Decided Feb. 18th. 1908. 45 So.
 Rep. 90So
 1. Chatteu mortgages; equitable mortgage; agreement to execute-Since the adoption of Act of Jan. 22, 1885. CActs 1S84-5. p. ss0. carried Into the code of 1Ss6 as Section 2151. an equita- ble mortgage cannot be created by yer bal agreement on personal property, and hence a verbal agreement to exc cute 6 mortgage on personal property cannot be enforced.
 2. Mortgages; contract-If the notes agreed to be executed, but which were not executed, could be construed. if
The Montgomery advertiser., 1908-09-02
TRICK V. HARPER.

E1ectment.-(Decided April 16, 1908.
 46 South. 453.)
 l. Adverse possession; against the Government.-There can be no ad- verse possession against the United States.
 2. Same; elements.-To constitute adverse possession there must be claim of title and possession continuous, open and notorious. for the time prescribed by law.
 B. EJectment; issues; judgment - Where there was a disclaimer entered and confessed to all of the land ex- cept that covered by a schoolhouse and plea of not guilty as to that, and the evidence showed that the only title which defendant claimed was in and to the building and not to the land on which it Is situated, a iude- ment was properly directed for the plaintiff.
 Appeal from Jackson Circuit Court
 Heard before Hon. W. ". Haralson.
 Reversed and remanded. Opinion by Dowdell. J.
 Tyson. c. J., Anderson and Mcclel- Ian, JJ., concur.
The Montgomery advertiser., 1908-09-02
EQUIPMENT vsI THE STATE.

VIOIAting OCIOck Closing Law
 (Decided April 8. 1908. 4s South.
 226.)
 l. Habeas corpus; grounds; want of jurisdiction.-One, under an assumed and exercised judicial Jurisdiction of matter and person. may. under Sec tion 4S3S, Code 1898. institute habeas corpus to investigate the existence of jurisdiction. but cannot institute ha- beas corpus for the investigation of an erroneous or irregular exercise of existing Jurisdiction.
 2. Words and phrases; saloon.-A saloon, in common parlance, Is a place where intoxicating liquors are kept and sold at retail.
 8. Statutes; enactment; amendment.
The Montgomery advertiser., 1908-09-02
NELMs. ct al, V. ROGERS.
4NI4I44FiEJ VI tE4I VI 1NOIEttS. Bill to Eutoin Foreclosure of Nor n.a nn IIndnr Pnrunr Irnrn nm :.

Bill to Entoin Foreclosure of Mort
 gage Under Power.-Cross Bill for
 Foreclosure.-(Decid April 23
 1908. 46 South, 453.)
 Mortgages; stipulation for maturity on failure to make partial payment: waiver Where the mortgage stfpu- lated that the failure of the mortga- gor to pay any one of several notes ma turing monthly should mature the en- tire debt. an agreement by the mort gagee that tie time for paying a ma- tured note sl 0uld be extended to the
The Montgomery advertiser., 1908-09-02
LAWSON vs. THE STATE. Murder.-Decided April 9, 1908.

| LA w BUN Nb. HE 0A Al l Murder.-(Decided April 3, 1908. 46 South. 25s.)
 I. Homicide; continuous difficulty; | evidence.-where defendant and de- l ceased had some words and deceased walked rapidly away about 100 yards l to a store purchased a gun. and re- | turned and renewed the quarrel and shot deceased, the difficulty was a continuous one and testimony was ad-
 missible as to what occurred at it's commencement.
 2. Same; character of deceased--In the absence of proof of self defense, and where the evidence tended to show that defendant was at fault in bringing on the difficulty, evidence of the bad character of deceased was in- admissible.
 8. Same: instructions; self defense.
 An instruction asserting that If defen-
 dant was on his way home and did
 nothing to bring about the difficulty
 with deceased, the fact that defendant went to store and got a gun would
 not of itself deprive defendant of the right to shoot in self defense, if he
 could not have escaped danger by re- treating, fails to hypothesizc defend- ants freedom from fault and his will- ingness to engage in the difficulty, and
 defendants belief in the imminency of
 his peril. and was properly refused. {. Trial; instructions covered by
 those given.--It is harmless error to
 refuse instructions covered by those given.
 E. Same; misleading instructions It is not error to refuse an instruction
 which. in the light of the facts in the case, would tend to mislead tho jury, although 1t stated a correct abstract proposition of law.
 6. Homicide; instructions; degree.-
 An instruction asserting that if at the
 time defendant freq the fatal shot he did not fire at a vital part of de- ceased's body, and did not intend to kill him, but only intended to stop him
 from advancing on defendant, then he
 was not guilty of murder in either the first or second degree, was erroneous
 and properly refused.
 f. Same; self defense.-Instructions on self defense which omit to hypoth e.
 size a belief by defendant in an im-
 minency of peril, are properly refused. 8. Criminal law; instructions; req
 sonable doubt-Under the plea of self defense, the burden Is on defendant to
 satisfy the jury from evidence that he acted in self defense and hence, a
 charge asserting that if on considera- tion of all the evidence there remained a reasonable doubt as to whether the
 killing was in self defense, the jury
 sh hould acQuit, was properly refused.
 8. Same; applicability to evidence. A charge hypothsized upon facts not
 in the evidence Is abstract and its re- | fusal proper. -r ses Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Affirmed. Opinion by, Dowdell. J. Tyson, C.J.. Anderson and Mcclellan. JJ., concur. 1AvTr ", r,OIYpT 0EF COIINrY COM
The Charles Mix new era. (Wagner, Charles Mix County, S.D.) 1???-1911, 1908-07-03
THE LID DOES NOT FIT.
How Prohibition Laws In the South
Are Evaded.

How Prohibition Laws In the South
Are Evaded.
That the South, particularly Georgia,
b not dry, despite prohibition laws,
wal shown at the national convention
Of the United States Brewers Associa-
tion, held In Milwaukee, and the opera
ton Of the prohibitory laws In the
South was one OF the chief topics Ct
the convention. Although the licensed
saloon has passed away In the South,
the convention was shown that liquor
By the a load II being distributed in
the various States.
The brewers are still doing business
In Georgia, though the brand Of beer
placed on sale Ii no longer called beer,
and has only about half the amount Of
alcohol contained In the old beverage.
The article now manufactured By the
brewers, to conform to the State law
Of Georgia, IL called malt ale" bud
home brew" or ''near beer" and con.
tains less alcohol than the beers former
y turned out. Outside of these drinks,
however, there are hundreds Of other
c~oncoctions being sold In the grocery
vtores, drug stores and dispensaries.
The Charles Mix new era. (Wagner, Charles Mix County, S.D.) 1???-1911, 1908-07-03

IL D4vo ct i formal ~statssnent regard
~ ~ hleh esteem Tor Secretary Taft,
4 - Mt deemed uscessary 70 repeat
Whist No. thea said a statsment was
etven eut II tn White HOUSE concern
- ~. Wrght's appointment and The
roason0 fherefoe.
Links - Wright appointed Secretary
q War y succsed Secretary William II.
Iaft, fesigned becauss u his nomina-
t5cn f0F to Presidency, has been some.
thing q = uaderstudy for the sscre-
tafy. following him previously II tho
gcvsrnOf ~generalship Of the Philippine
Islands. HI II ! Tennessecan By birth,
his hcu1e being n Memphis, and 4 law
- q national repute FOR eight
Jeafs - was attorney general Of Ten
1880. n ths free silver fight he was
! go1d Denocrat. From 1900 to 1904
- was ! member Of the Philippine
conmfasaon and president In the last
year; then he vas appointed governor
oonefAi of the islandA Two years ago
~ wa1 appointed the drst American
amnonna0of to Japan and filled the
o@cs foe ! year. Mr.. Wright was bora
a. 1ol5.
The Charles Mix new era. (Wagner, Charles Mix County, S.D.) 1???-1911, 1908-07-03

Where the Declaration IL Kept.
The original engrossed copy Of the
Declaration ~ signed II now In the keep
ing Of the Secretary Of State. The docu.
ment was in the patent Office from 1041
to 1877, az that department was believed
to be freproof. It Is now, since 1894
kept hermetically sealed in q frame and
placed In q steel cabinet. with the Original
signed copy Of the constitution. It II M
longer shown to any one except by e.
press order OF the Secretary. Being or
parchment, which shows destructive sign,
Of cracking. due moro probably to tn
making Of q facsimile ordered By Prsai
dent James Monroe In 1923 than 70 ~
or handling. the document II jealously
guarded. Many Of the names Of the sign,
The Charles Mix new era. (Wagner, Charles Mix County, S.D.) 1???-1911, 1908-07-03

The ordinary lrecracker and the paper
torpedo ars comparatively harmless. Lit
tie injury beyond superficial burns win
ordinarily result from even q reckless
use Of these noiseproducerx The truly
dangerous things ars the toy pistol the
cannon cracker, and the clay torpedo.
These are all d~eath-dealing instruments,
which children should never Be permitted
to handle. II II from them that most Of
the Fourth Of July accidents result.
Apart from the big injuries-ths loss
OF fingers or . hand, or binding from pre-
mature sxplosions-the seriousness OF
these hurts hes In the danger Of lockjaw,
or tetanus. The germs Of this disease arr
IN the soil almost everywhere, and read
lily find entrance into wounds made In
dirty hands, or hands bound UP with dirty
rags or handkerchiefs.
The injured hand should be held under
running water. This cold water will usu-
ally stop the bleeding, and then all for.
eign bodies-hits Of 6recracker paper OF
OF clothing, sand or splinters-should be
carefully removed, and the wound again
bathed under running water.
II the wound II deep, running down
among the hbrous tissues and sinews, II
should b. opened freely by tho knife. and
all places In which the lockjaw bacillus
may find shelter ahouldAbs exposed to the
air. This, Of course, must be done by
tho surgeon but indeed. all these wounds
however trivial. should be taken to the
physician. for timely treatmept ma avert
grave illness or even loss OF lifs-Youth'l
Companion.