davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03
MISS MILESTONE DIES
OF PISTOL SHOT WOUND

Birmingham, May 2.-(Special.) y
Miss Virginia milestone. aged 10 years,
popular young woman OF this city.
imeice Of Mr.. and Mrs. H. w. Mllner.
died this morning In a local infirmary
from q pistol shot wound which was
snfiicted by herself accidentally day be-
gore yesterday.
x The young woman had a pistol which
she was investigating. when it dis
Enlarged, the bullet entering her body
land inticting what was determined
fright from the start, as a dangerous
srwound. She was hastily carried to an
Anfrmary where every attention was
iuxiven. The funeral arrangements are
tbeIng made, Shaw and Son having the
body, the interment to be Monday.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03
EoRMER GOVERNOR JELKs
VISITING FRIENDS HERE

Former Governor William D. Jelks
Is spending a few days - the FIX
change He came over to spend while
with friends in Montgomery. whom he
shade while he was serving as Cover
nor. The principal object of his visit
to Montgomery is to see these old
friends. Mrs. jerks came over from
their Eufaula home to be with him
during his stay in Montgomery.
The former Governors insurance
company is prospecting and growing
rapidly. He Is now publishing every
little while" a paper for the company
and the paper is frightened w the
pen which made The Eufaula Times
soxne years ago the most quoted paper
IN Alabama. which was before the for
naer Governor went into public life. He
es an acknowledged authority on insur-
mnce matters and his pen has the =knack
iof making his articles on insurance
sub jects interesting as well as In
Rtructive.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03
PRAISES RooKEEELLER.


Theme Of Sermon Preached by an
AvOvved Socialist.
New York. May 2.-John D. Rookie
Teller was made the theme of a sermon
preached here tonight in the Church
of the Ascension by Alex Irvine. an
avowed Socialist and lay preacher.
.Basing his appreciation of Mr.. Rookie
Teller upon the latter's "reminiscences
now in course of publication. Mr..
Irvine declared that the founder OF
the Standard Oil Company was "the
greatest man we have ever known,
from an Industrial point of view.
THE question has been raised" said
he, cas- to whether OF not Mr.. Rookie.
felIer.s "reminiscences is a work OF
simplicity or duplIcity. I incline TO
the belief that 1t has more OF the for-
rner than the latter. We have been
c1amoring for Rockefeller's head nut
we are slow. A hundred years from
now he win stand In the estimation OF
men as q great genius because .he snow.
ed the world how to eliminate waste
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03

w. Marshall Of Tuskegee. and DR.. b.
w. Booth, John II Henderson and w.
p. williams of Shorter. Ala.
The cnapter suspended work at Z
o'clock and adjourned to the Beaver
Hall whede an elegant banquet had
been prepared by the ladies OF the
School Improvement Association.
The hall was beautifully decorated
with profusion OF cut flowers and
potted plants. Appropriate hand-paint-
ed menu cards were placed at each
plate and music was furnished through
out the evening by o local band
The ladies spared no pains In making
hte banquet success. the several
CURSES were well served and thorough
ly enjoyed by all present and the La
dies were congratulated for their good
work. The sum of $50 was realized
from the banquet for the school Inn
provement Association.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03
FIRE IN MINE.


TWENTY-FIVE Men Have Narrow Es-
capes From Death.
Pittsburg. Pa, May 2.---Twenty-fivs
men were at work making the usual
Sunday repairs In the Forest Hill Mine
of the Pittsburg Coal Company al
smithdale. twenty-three miles from
here today. when fire broke out be-
tween them and the mouth Of the
mine.
When the mine was found to be
burning, rescue parties were formed
but were driven back by the flames,
The imprisoned men. escaped through
an emergency exit In the rear. No
one was injured. but twenty-five mules
stabbed in the mine were burned. One
hundred men are working tonight TO
subdue the flames. which are thought
to be under control The origin Of
the fire Is a mystery.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03
A SUICIDE PACT
BOTTLE CONTAINING NOTE FOUND
FLOATING IN LAKE.
The Note Indicates That Atlanta Boy
and HIS sister Were Not Drewn-
ed Accidentally But Sui
c1ded.

Atlanta. Ca May "A note incios-
Ell in bottle was found floating on
the lake at Lakewood today. indicating
that william withrow and his sister.
Miss Pearl withrow, whose tragic
death by drowning occurred Friday af-
ternooon following the capsizing of
their row boat died as result of q
suicide pact.
The note read:
ITO whom II may concern: i ana my
sister have become tired Of s-3fSe and
we have decided to die in this way.
"Withrow."
Relatives or the young couple deny
that the note bears the handwriting of
either the young man or his sister,
and profess the belief that It is the
work OF practical Joker.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03

may be reached by a creditors suit,
when fraudulently disposed OF by an
insolvent corporation: 90 may the pro-
cseds OF checks paid from the assets
of an insolvent debtor.
.. Same; pleading; compiaint--Aver-
ments in q creditors bill that pay
ments which are sought 70 be set aside,
were made with the intent TO hinder
delay and defraud creditors. and were
without consideration. are sui7icient as
to want of consideration for the pay
ments alleged TO have been fraudulent
ly conveyed.
& Bankruptcy: avoidance By trustee;
fraudulent transSef~--A trustee In
bankruptcy OF an insolvent debtor may
maintain a bill TO set aside an alleged
fraudulent transfer OF property by the
insolvent debtor.
s. Executions; property subject;
money.-Money IL property subject to
levy by execution.
Q. Equality; pleading; muitifarious-
ness The fact that . creditors bill
Joins two or more defendants alleged
to be fraudulent grantees in different
transactions, in an effort to sat aside
fraudulent transfers OF property, doea
not render IL demurrabis for multifari-
BUSINESS or misjoinder of defendants.
appeal from Montgomery City Court.
Afirmed- Opinion by Dowdell.
Simpson. Anderson and benson, u.
concur. =,
STATE ex rel. ATTORNEY GENERAL
v. LOUISVILLE AND NASHVILLE
RAILROAD COMPANY. ct al
Bill to Remove Obstruction from Pub.
lie Street. decided June Is. 1908.
Rehearing Denied Jan. ~. 1907
&S South. se1).
j. Municipal corporations; vacating
street; power OF city.-Unless specially
authorized by the Legislature. city
cannot permit the obstruction OF
street by allowing depot to be ex-
tended across IL.
.. Same: power Of Legislature.-Ths
Legislature can vacate street where
II crosses q railroad and permit a de-
pot to be erected thereon, and 1t can
delegate this power to a~city.
Q. Same; statute.-The Act of Dec.
10, 1900 tActs 10000. p. 23s)e covers
the act of the city council In attempts
ing to vacate . street whore 1t CROSSES
the railroad in said city, and to give
to the railroad company the right to
occupy II with depot; since the Leg
islature can legalize the void act Of
the city council in attempting without
authority to grant q railroad company
crosses the track.
A.. Statutes; single subject.-Ths act
of Dec. 49, 1900 (Acts 10000, p. 29s)
does not contain more than one sub
ject, and Is constitutional.
Appeal from Montgomery City Court
Heard before Hon. A. D. Sayre.
Affirmed. Opinion by HARRISON, ].
simpson, benson, Anderson and Nc
Clellan, u, concur.
Tyson. C. J., and Dowdell j. not sit
| ting.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03
CONDEMNED BY DEFAULT.
Former Equitable Life 0ficiaf G
Prison Sentence

Prison Sentence.
Paris. MAY flames Hazen HYDE of
New York former Vice-President of
fhe Equitable Life Assurance Society,
and his chauffeur. Ladwice. were today
condemned by default. Mr.. Hdye to
one months Imprisonment, and a fine
of 500. and Ladwice to a months i'm
prisonment and fine OF $50. They
were charged with running into u pub
lie taxicab last October and iniuring a
passenger. The complafnants charged
that after the accident Ladwice sped
away.
Under law passed lest July flight
after an accident is q special offense.
AT present Mr.. Hyde is on an au.
tomobile trip in the Riveriera.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03

Madrid. May Municipal elections
were held throughout Spain today. The
results will not alter the political sit
uation. Republicans being returned in
the majority of casees in Madrid end
tn larger cities. A feature of the cleo
ton was the fact that voting was
made compulsory. This seemed to ben
eft the Conservatives.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03
FISHERIES REGULATIONS.



adian Ofziciais.
ottawa, Ont. May 2.-The draft OF
the uniform fisheries regulations gov
ernine the boundary waters between
Canada and the United States under
the terms OF the treaty passed last
spring has been received from the
commissioners.
Under the regulations. the United
States government Will appoint Fed
eral protection staff with headquar-
tiers at Washington, which will cor
respond to the Canadian fisheries pro-
lection service. These two services
will cooperate In enforcing the uni
form regulations in all the waters
covered by the treaty. There will be
a common size limit for Holsters In
Maine and New Brunswick and mini
mum legal sizes or weights for wh1to
fish. lake trout. pickerei. etc, in the
great lakes.
In special areas very strict limita-
lions of absolute prohibition In respect
to some classes of fishing will be i'm
posed.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03
Favor Lock Canal.

New York, May Further endorse
ment of the lock type of canal and
assurances of the stability of the Ga
tun dam were voiced here today by
various members of the Congressional
party which returned on the steamer
Panama after an unoficial inspection
of the canal zone.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03
A CAPITALIST SUICIDES.

Gilbert Preston Kills Himself I'm Bath
room of Home.
Columbus, o.. May 2.-GiIbert b.
Preston, president of the Interstate
Coal and Coke Company. shot and
killed himself today In the bathroom
of his home in Hawthorne Street.
But a moment before he had left his
wife and 14-year- old son. apparently in
good spirits. Worry over business af-
fairs and grief for his young daugh-
ter. who died suddenly a year ago, are
held responsible for his suicide.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03

Rouen, France. May AT a meet
ing OF trades unions here last night.
the police arrested NJ. Marck, treas
urer OF the General Federation of La
Dor on a charge Of insulting a tnagis-
trate. Marck was the principal organ
izer of the button makers strike at
Maru
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03
NEWS OF TUsKEGEE.
Royal Arch Degree Conferred ON SIx
Candidates.


Tuskegee, May Especial. Tues
day afternoon and night. April u, the
James Z. Cobb Chapter No. 20. r. A. NJ.
conferred the ROYAL Arch Degree nm
six candidates by special dispensation
from the grand chapter: the work be-
ginning at p. M, and being completed
shortly before midnight.
The work was done by Mr.. Guy T
smith, High Priest of Montgomery
chapter, assisted by Messrs. Glen C
I.lby and C. G. Hewitt of Montgomery
and companions OF the local chapter
aud the following candidates were reg.
1ainriy made Royal Arch Masons Itev
j. r. curry. G. C. Thompson, Rev. ]
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03
A PecuIinr Accident

columbus. Ca. May 2.-whIle frol-
licking with his youthful playmates this
afternoon. Willie Taylor, years old,
was instantly killed. a flower box fall
ing upon him from a window Of the
kindergarten building.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03

Lisbon. May 2.-Following a violent
alteration In the Chamber of Deputies
today. Melleo Baratto and Rodriguez
Nogueira fought a duel with swords.
Deputy Nogueira received a wound in
the wrist and the duel was stopped
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03
PRIsoNERs REcAPTURED.
Armed Posse Captures Five Escaped
Jail birds

Jail Birds.
Evansville, Ind. May 2--Five of
eight prisoners that broke out Of the
Jail at owensboro. KY, early this
morning. were recaptured tonight at
Newberg. Ind. by Marshal Cravens and
a posse armed with rifles.
One Of the prisoners. Byrd Campbell,
negro, was brought down by bull
let In his arm. The man had crossed
the Ohio River In skin and had taken
an interurban car at Newberg bound
for this city. Two of the fugitives
were caught In Kentucky TODAY. An
other, William Ellis. a negro. sentenced
for life imprisonment, is at large on
the Indiana shore.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03
A GENERAL STRIKE.
Socialists and WOrkmen Demand DIS.
mlssal OF Police Chief.

mIssal of Police Chief.
Buenos Ayres, May 2.-The Socialist
Party and the workmen's declarations
have decided to declare a general
strike tomorrow as protest against
the events OF yesterday. when at the
May Day celebrations collision oc-
Cured between the crowds and the po-
lice in which large number were
killed or wounded.
They demand the dismissal of the
Chief of Police and the institution OF
an inquiry for the punishment of guilty
persons. They place all the response
bility for the occurrence on the shoul-
ders of the police.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03

New Orleans May 2.-Charles C.
Braselton. said to be the Oldest liv-
ing Union" man, died at his home here
today. He was 70 years old. He te-
came member OF the machinists' union
when 1t was first formed.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03

Aberdeen, Scotland, May 2.-The Very
Rev John Marshall Lang. Chancellor
and principal of Aberdeen University,
died today. He was born in 1894 and
was a noted writer and lecturer
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03
CONTESTS ELECTION.
Result May Have influence ON Hains
Murder Trial

Flushing. N. Y. May "A move to
contest the validity Of the election OF
District Attorney Frederick C.. De-
Witt. who Is conducting the case
against Capt. Peter c. Hams, Jr., de-
veloped today, the result of which may
have an influence on the outcome Of the
Hams murder trial
Dana Wallace has secured a court
order restraining the destruction II the
ballots cast and has instituted quo
warrarto proceedings. Wallace claims
that the tally sheets show. his election
by $50 votes.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03
Striker Cut wire.

Meru, France. May 2.-The striking
button makers followed up their de-
monstrations of yesterday by again
cutting the telephone and telegraph
wires today. Aside from this, calm
prevailed.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03

Boston. Mass. Nav 2.-Robert $. Nc
Cormick. former Ambassador from the
United States to Russia. is reported to
be I'll at the Stedman private hospital
in Brokline.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03
OI.LINGER AND BRUCE DRY DoCH
co. v. TUNSTALL.


Breach OF Contraot.--(Decided Dec. IT
190e.-Reh earring Denied Jan. IA.
1905 South. 4eR).
/. Sales: construction OF contract;
option-where the contract specified
the payment OF a certain sum. with the
option, on the payment OF a further
sum Within q specified time, that plain-
tin would sell defendant vessel, ETC.,
but that IL defendant failed to exer-
else the option the cash payment should
be retained as rent for the vessel. etc.
and defendant should owe plaintiff moth
ing more, a retention of the cash pay
ment by the plaintiff released the de-
PENDANT from any further obligation
for the breach OF any conditions OF the
agreement.
2. Same; option contract; action for
breach.-Under a contract providing for
q cash payment, and an option to pur-
phase a vessel upon further cash pay
nent within given time, and proyid-
ing that In the event the option was
not exercised within the time. the
cash payment already made should be
retained as rent etc, and that the de-
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03

Washington. Nav 2.-CharIes q. Ma
goon, former provisional governor of
Cuba. will leave New York, May 22. for
Antwerp to spend about six months
touring Europe.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03
A Centenarinn nead.

Thibodeaux. La. May 2.-Eugene
Martin. aged III years. died al ms
home near here today. He is sur
vived by his wife. aged ninety-slx
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03
WILLIAMS v. ALABAMA GREAT
! SOUTHERN RY co


Damage for Death of Employe.-(peZ
cided Dec. II, 1S0S.-Rehearing
Denied Feb. 8. 1908 South,
1850.
Limitation of action; death; compu-
tation OF period. SECTIONS Ss10-Ss12.
Code, 1907. do not create an entirely
new right of action, but merely con-
tinues the cause Of action which the
injured servant had. for the benenf of
the distributes of his estate; so an
action for injuries to the servant re-
sultlng in his death. commenced BY
his personal representative under Sec
ton 1912. more than a year after his
injuries were received. is barred by
Subdivision 8 OF Section 1910 of the
Code OF 1907.
Appeal from Jefferson Circuit Court
Heard before Hon. A. A. Coleman.
Affirmed Opinion by benson, ].
Tyson, c. J.. HARRISON and Simpson
u, concur.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03
TREBLE v. SINGLETON.

Bill To Declare a Deed a Mortgage
decided July Is. Notwithstanding
denied February 5. 1s0S-4S South.
4S1.)
Mortgages: absolute deed as mort
gage; eyidence-The evidence must be
clear and conclusive that 1t was so in
tended before a deed. absolute on its
face. will be declared @. mortgage.
Appeal from Jefferson Chancery
Court.
Heard before Hon. Alfred H. Ben
ners.
Reversed and rendered. Opinion by
Simpson. J.
Tyson. C. J.. Dowdell and benson. ].
j.. concur.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03
SUICIDES IN CHURCH.


with His Sweetheart.
Nicholasville, KY. May 2.-Brooding
over q quarrel with his sweetheart,
Alexander Jennings. twenty-one years
old. threw the congregation at "a
crowded country church at Little
Hickman into panic today by firing
bullet into his brain.
Worshippers fed, but later returned
and removed Jennings from the church
before he died.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03

Small Pox An Adnnn.

Adana. May 2.--Smali pox has brok
.en out in epidemic form. 1t Is i'm
possible TO estimate the number of
eases. but during the past two weeks
| the spread OF the disease has been
xrightful because of the terrible disS
orders and homeless element roaming,
about the city
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03

For young girl a strip of heather
bloom Is quite az satisfactory as silk
to wear under sheer froclss ana much
more giriiEh.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03

PENDANT should owe plaintiff nothing
more. suit by a plaintiff upon de-
PENDANTS failure to elect to purchase
within the specified time. for defend
ants failure to order necessary repairs
on the vessel. to pay over its earnings,
etc. coupled with the allegation that
notwithstanding the breaches of the
agreement, the parties agreed that u
should remain in force and that the de-
PENDANT waived the provision that the
contract should cease on hts failure to
perform his obligations hereunder
does not show such change In the
provision of the original agreement
that the defendant could be held be-
yond the sums paid under the original
agreement on DEFENDANTS breach of the
contract.
Appeal from Mobile Circuit Court.
Heard before Hon. Samuel B. Browne.
Affirmed. Opinion by Mcclellan. J.
Tyson. C. j.. Dowdeil and Anderson
j., concur.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03
WOMAN MISSIONARY


< &fksr we left the school. Miss Wallace.
NJ. Chambers and young Armenian
nreacl1er attempted to cross the street
from Miss Wallaces TO the scnool.
1usf Al this time, a mob rushed around
the corner The Infatuated TURKS
xecognizei the preacher as an Ar
xnenian, and although Mr.. Chambers
threw his arms about him ana oio al
m his power to save the mans lire tney
khot him dead. Not single Armenian
ala they leave alive The assassins
shouted as Mr. Chambers dragged the
kody OF the murdered preacher into the
building. You can see how poweriess
hve WERE
Miss Webb relates how Mr.. Trow-
bridge persuaded four Zabties 10 go
with him to the government house 10
6emanti protection. Two of them de-
serted Ahim on the way declaring they
fvere afraid OF being killed by Ar
DnenfansN Everything was confusion
ut the government house and after
dong delay. detachment of 15o troops
was dispatched to their relief. In
eoncludins her narrative. Miss Webb
says:
Il forgot to say that the British con-
mi sent q message to the governor
IN Friday that IL this thing was not
utopped he would demand of the gov
eminent and the commander of the
troops a satisfactory explanation.
Whether or not they were powerless
TO stop the dreadful work before this,
do not know. but any way, 1t was
stopped. We hear. and II seems quite
possible, that because of the disturb
ance In Constantineple. the officials
IN Adana did not know which side to
Join. so they simply let things take
their course. and permitted the Turks
and Armenians TO fight 1t out between
Them
Miss Elizabeth s. Webb, who gives
the vivid narrative of the fighting at
lAdana was sent to Turkey in 1886 by
the american board of commissioners
Tor foreign missions She IL graduate
OF Drury College. Springfield, Missouri.
Cruisers Enroute.
Washington. May 1.-The armored
rruisers North Carolina and Montana,
which left Guantanamo. Cuba, April 2s,
under orders to hurry to Alexandretta,
Turkish Asia. to protect Americans dur
ing the present disorders, were l,1sO
miles west OF Gibraltar at o'clock last
night. according to q cablegram receiv-
I'd here today.
The vessels are travelling at from
nfteen and half TO sixteen knots an
hour and should reach Gibraltar on
Tuesday or Wednesday next. They
will receive orders to continue to East
prn Mediterranean waters.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03
WOMAN SUFFRAGE.
Canon scott Holland breaches a Con-
vfDciug Sermon,

VIncNmE Serm1On.
London. May 2-Some 800 delegates
to the International Woman's Suffrage
Alliance attended this afternoons SER
vices at st. Paul's Cathedral. where
Canon Scott Holland preached u con-
vincing sermon in favor OF women suf-
frage.
This evening the Rev. Anna Shaw
delivered an eloquent address on the
same subject from the pulpit of the
Kings Way House Chapel to a large
and appreciative audience.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03

finding Of the court Is JUSTIFIED on the
legal evidence admitted. Ia whicn
there 10 no conflict. in finding that there
had been q waiver Of forfeiture Of the
policy sued on. any error in admitting
irrelevant or Illegal evidence. is harm
less.
claims to be presented--A claim as a
credit on the policy for the amount of
the unpaid premium note. as provided
In the policy. not being required to be
presented to the administrator of In
sured to save 1t from the bar Of statute
Of non-claims as a credit on the policy.
the defendant Is entitled by plea Of set
of to claim such note as a credit. even
thought not presented to the adminis-
traitor.
Appeal from Gadsden City Court.
Heard before Hon. John II. Disque.
Corrected and afirmed. Opinion by
benson, J..
HARRISON. simpson and Mcclellan. J.
J.. concur.