davidaulloa/AmericanStories huggingface dataset:
The Ordway new era., 1911-05-12
MuME
2Gzzzenz>

We Know Of other medicine Which has been SO sue
cessful in relieving the suffering of secured so
many genuine testimonials, has Lydia E. Pinkham's
Vegetable Compound.
have been restored health by Lydia E. Pnkhams Veg
etable Compound. Almost every woman you meet has
either been benefited by it, knows some one who has,
In the Pinkham Laboratory at Lynn Mass, files con-
tanning million hundred thousand letters from
women seeking health, in which many openly state over
ne v
Lydia E. Pinkhams Vegetable Compound has saved
many women from surgical operations.
Lydia E. Pinkham's Vegetable Compound is made ex-
clusvey from roots and herbs and is perfectly harmless.
The reason why successful because contains
ingredients which act directly upon the female organism,
restoring it to healthy and normal activity.
Thousands of unsolicited and genuine testimonials such
the following prove the efficiency of this simple remedy
The Ordway new era., 1911-05-12
CHAPTER TX.
Smiling Through Tears.

Looks like "A man must think his own
life have been n grand success II he goes
to a-directinH OF his sons
Miss Selma Lue
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1911-09-29
DON'T BE BALD
Nearly Anyone May Secure a
Splendid Growth Of Hair

We have a remedy that has a record
of growing hair and curing badness
In g3 out of every 100 cases where
used according to directions. for a
reasonable length of time. That ma!
seem like strong statement---it Is.
and we mean II to be. and no one
should doubt II until they have put
our claims to an actual test
We are so certain Rexall "93' Hair
Tonic will cure dandruff, prevent
badness, stimulate the scalp and hair
rots, stop falling hair and grow new
hair, that we personally give our
positive guarantee to refund every
penny paid us for II in every instance
where II does not give entire salts
faction to the user.
Rexal "93" Hair Tonic is as pleas
ant to use as clear spring water. II
is delightfully."- perfumed, and does not
grease or gum the hair. Two sizes.
soc. and si00 With our guarantee
back of II, you certainly take no risk
Sold only at our store--The Rexall
Store. Benson, Smith eco. Ltd.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1911-09-29
REYES QUITS MEXICO.

VERA CRUZ. Mex. Sept 2s.-For
the second. time within a period of two
years. Gen. Bernardo Reyes goes into
voluntary exile for the good of his
country.
General Reyes sailed from this port
today bound for Havana. cuba, and
from there. he has announced. he VIII
sail to New York. where he wiz Ero''-
ably make his home.
Reasons for Exile.
Before sailing. General Reyes sent
ling telegram to Provisional ire'idei
Francisco de Ia Barra. ut the City oi
Mexico, giving his reasons for taking
the step he has done.
He stated definitely In this dispatch
that he did not care to remain In Mex
leo to possibly become n cause Of en-
|barrassment to the new opposition
government.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1911-09-29
PRYcE HAS OTHER ~
CHARGES TO FACE

LOS ANGELES, Cal, Sept 2s.-Ex-
tradition was refused the Mexican gov
ernment in the case OF General Pryce
who led the nlibusters In the capture
OF Tia Juana, Lower California, dur
ing the recent Mexican rebellion. IN
the Federal Court here today.
Pryce was charged with murder and
arson. and ON these charges he was
set free. but the authorities are hold
ing him on a charge Of violating the
neutrality laws, for which he viii have
to stand trial.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1911-09-29
ONLY BOUGHT MACHINERY.

NvALLEJO. Cal, Sept. IS. The
United States government has bought
$4,000 worth of the machinery OF the
Risdon Iron Works OF San Francisco.
and not the entire plant as was ut first
reported.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1911-09-29

Nice bungalow at Kaimuki. Location
|, beautiful; fhe homes adjacent. win
sell cheap for cash or an easy terms.
See Walter II. Bradley. care Kali
muki Land Co. Ltd. Box 40. .-.ir
'r' En 5OI6-tf .llY
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1911-09-29
New Steamers for Nippon Yuser
knishn.

New Steamers for Nippon Yusen
kalsha.
A Nagesaki dispatch to the Osaka
Mainichi reports that the scheme Of
steamers OF 10000 tons to be built for
the European service OF the Nippon
Yusen Kaisha Is now being investigat-
ed between the Nippon Yusen Kaisha
and the Mitsu Bishi Yard, Nagasaki,
One vessel will be built without delay.
to be followed by six others. The
plan of the Nippon Yusen Kaisha is
to replace the steamers of 5000 tons
on the European line with the new
steamers and compete with the Ger
man mail. The Ilitachimaru, now on
the European line, will be transferred
to the Australian line,
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1911-09-29
DR.. LYMAN AND
NURSE ARE CAUGHT

SAN FRANCISCO, Cal, Sept. 2s.-
DIR. J. Grant Lyman. the alleged fake
stock promoter who escaped from a
hospital where he was held as n pris-
oner by the Federal authorities. was
recaptured today at Lakeview. Ore
His companion was a nurse from the
hospital
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1911-09-29
MAKES LONG FLIGHT.

KENTO. N. ". Sept 2s.-Aviator
Rodgers. who Is attempting to fly
across the continent. made "A Night OF
2O3 miles today, arriving here late In
the afternoon.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1911-09-29

Handsome bay gelding saddle horse. by
officer leaving Cor States, Inquire
Headquarters. Sort Shafter; Tele-
phone 1890. 5035-tf
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1911-09-29
FOR GALE.

Secondhand 12-foot geared Aermotor
windmill; 6-inch double- acting Blake
steam pump; 'triple-acting Kroch ir-
rigating pump; 5000 gallon redwood
TANK one Studebaker rubber tired
phaeton. Address. Bargains" Bull
Ietin Office. 5O37-G
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1911-09-29
BORN.

FULLER-In Honolulu. Sunday, Sep
TENDER "a. 1911, to Mr.. and Mrs
ID. p. Fuller. a son.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-21

was to act in the tragedy, he was
guilty Of a degree Of homicide great
er than manslaughter.
In our opinion upon the whole
case there is no half way ground for
the defendant to occupy between in
nocence and murder. The trial
court went as far as proper in his
favor in advising the jury about the
degrees of homicide. There being
no theory of the evidence upon which
to predicate manslaughter, the court
was right in refusing an instruction
upon that point, To accede to de-
fendant's request in that respect
wohld have been turning the jury
loose to speculate outside of the evil
dence and, as the slang goes, to Ere
turn verdict on general principles"
1t would have exposed the defendant
to danger not at all justified by the
evidence or the law applicable to the
case. The alternative OF the defen-
dant's innocence or his guilt Of the
only species of homicide which could
be derived from any reasonable
theory arising from the testimony
was fairly submitted to jury of his
peers and that jury has decided the
dilemma against him.
The judgment is affirmed.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-21

1 can't find words to express my thanks
for the good your medicine has done
me. You maypublish this if you wish"
Mrs. HERMAN SETH, Pound, Wis.
The success of Lydia E. Pinkham's
Vegetable Compound, made from roots
and herbs, is unparalleled. 1t may be
used with perfect confidence by women
who suffer from displacements, infam-
nation, liberation, fibroid tumorS, ir-
regularities, periodic pains, backache,
bearing-down feeling, flatulency, indi-
gestion, dizziness, or nervous prostra-
ton.
For thirty years Lydia E. Pinkham's
Vegetable Compound has been the
standard remedy for female ills, and
suffering women owe it to themselves
to at least give this medicine trial.
Proof is abundant that it has cured
thousands of others, and why should
it not cure youp
If you want special advice write
Mrs. Pinkham, Lynn, Mass, for 1t.
1t is free and always helpful.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-21
Cali For Bids.

Notice is hereby given that the un-
dersigned will receive bids up to 3
o'clock p. m. on Monday. May list,
1911, for the improvement of 18th
street, from the North line of Ferry
street to the South line of Marion
street, with concrete pavement, ac-
cording to the plans and speclfica-
tions adopted for such improvement.
The council reserves the right to
reject any and all bids and waive
any and all irregularities in the
manner of submitting bids in the in
terest of the city.
CHAS. F. ELGIN,
4-19-3t City Recorder.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-21

authority over those features of the
trial as defined by our code. L. o.
l.. Sec. $50.
At the close of the charge counsel
for defendant asked that the jury be
instructed as to the crime Of man
slaughter. Sections 1897, 1885, 1899
and 1900 Of our code separately de-
fine manslaughter as the same may
be committed under different cir
cumstances. The request was gen.
eral in its terms and did not indicate
what particular kind of manslaughter
the defendant wished to be explained
to the jury. The only indication we
find in the brief of the appellant on
that point is the quotation Of Sec.
1898, L. o. L., viz: IF any person
shall, in the commission of an un-
lawful act, or lawful act without
due caution or clrcumspection, in
voluntarily kill another, such person
shall be deemed guilty of man
slaughter" We are at loss to per-
ceive how this section applies to the
case in hand unless Il be claimed
that in proceeding towards Canyon
City with his prisoner alone after be-
ing warned of a plot to lynch Sny-
der the defendant performed law
full act without due care or circum-
spection on account of which the
death of the prisoner occurred.
In our judgment this section does
not apply even to such hypothesis,
If the death of Snyder was the direct
result of the negligent act Of Case
day without the voluntary interven-
tion of any other human agency or,
in other words, If his negligence
operating as proxlmate cause in
, conjunction only with natural
causes resulted in Snyder losing his
life, the section quoted would be ap-
pllcable, otherwise not. There is no
theory of the evidence supporting or
giving color to such situation. II
we consider the conduct of the de-
fendant as only negligent still 1t was
not the proxlmate agency which ac-
complished the death of Snyder. The
voluntary act Of other persons In
! shooting him was the immediate
cause Of his demise so that the ac-
tions of the defendant will not oper-
ate to increase his mere heedlessness
to manslaughter or to reduce to that
grade a more serious homicide.
"The rule is we'll setletd, that on
trial of a person for the crime OF
murder, If there is no evidence tend
ing to reduce the homicide to man
slaughter, it Is not incumbent upon
the court to charge with reference tC
the lesser crime" State v. Magers
S5 Or, $40; State v. Megorden, 40 Or
259. II the defendant honestly
thought the alleged threats Of his CO
defendants were drunken bluff and
80 started alone with his prisoner
although against the Judgment Of
cooler heads, and the tragedy ensued
without his consent, he ought to have
been acquitted. Again, If from mere
bravado he went on his way intend
ing to overcome all attempts agains
his charge and at the critical mOmen
his courage failed and he weakly
gave up Snyder to his death, still HI
did not violate the law. But II, on thu
other hand, having knowledge Of ant
being a party to the alleged conspir
acy to kill Snyder, the defendan
agreed or consented to take him /,
the scene Of the killing, ostensibly II
the performance Of duty enjoinet
upon an officer Of the law, but Il
real truth as part the defendan
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-21

cused. If all the facts and circum-
stances relied on by the state to Sc
cure conviction can be reasonably
accounted for upon any theory con-
sistent with the innocence of the de
fendant, such facts and circum-
stances are not sufficient to sustain
a conviction" This instruction, talk
en- as a whole, is erroneous. The
term absolutely" implies mathe-
matical demonstration which is de-
gree of proof impossible in any mat
ter involving the actions of human
beings, The law does not contem-
plate such degree of certainty but
requires only moral certainty to the
exclusion of reasonable doubt of the
guilt of the defendant. State v.
Glass, 5 Or. 7S. The latter part Of
the instruction directing in substance
verdict for. the defendant If any
reasonable theory consistent with his
innocence could be derived from the
testimony was otherwise given in the
court
The court also gave this instruc-
ton: notwithstanding the admis-
sions and confessions of defendant
may be given against him on his trial
for crime, such admissions or con-
fessions are no alone sufficient to
warrant a conviction without some
other proof that the crime has been
committed" The defendant contends
that this part Of the charge is erro-
neous because It does not state the
degree of proof necessary to supple
ment the original admission or con-
fession. The language is practically
that of the code (L. o, L. Sec. 1880
and in that respect differs from the
statute of the state of California
from which citations are made in sup
port of this assignment of error. The
degree of proof, or, in other words,
the effect of the evidence is for the
jury and under our statute the court
cannot weigh the testimony for the
jury Independent of the admissions
or confessions.
The defendant further complains
OF the following instruction:
"The testimony of some witnesses
has been offered by the state to show
certain oral statements made by the
defendant now on trial, after the
death Of oliver Snyder. In criminal
law statement voluntarily made by
person OF fact only, which is as
consistent with his innocence as with
his guilt, and is made exculpatory, or
in explanation of any suspicious or
discriminating circumstances, Is an
admission; but when the statement
carries with 1t suggestion Of guilt
either as to the character Of his in
tent, or the quality Of his act, and
the statement is made inculpatory
such statement is in the nature Of a
confession" Taken in connection
with the whole of the courts charge
the learned Judge was simply distin'
gushing between confessions and
admissions with view Of explaining
the latter TO the jury. There is abun'
dant evidence in the record to author
ize an instruction about admissions
for the witnesses detailed severa
things stated by the defendant aftel
. the killing of Snyder and the distinc
ton made by the court was quit
proper within the meaning of Stat
v. Heidenreich. 20 Or. 3s1, and Stat
, v. Porter, 80 Or. 1875. Some question:
, about cross examination Of witnesses
: are raised in defendants brief, bu
) none Of them are meritorious or shov
: any erroneous exercise Of the court
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-21
Notice to Property Owners,

Property owners on Ferry street.
North Liberty street, South 18th
street, North 18th street, and North
Summer street. are hereby notified
that they must make their water and
gas main connection Immediately.
Done by order Of the Common
Council, April 18th, 1911.
CHAS. f. ELGIN.
4-19-3t City Recorder.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-21

FAILED TO
HELP HER
Cured by Lydia E. Pinkham's
Vegetable Compound
Pound, Wis. ~ am glad to an
nounce that l have been cured of dys-

pepsia and female
troubles by your
me di cine. l had
been troubled with
both for fourteen
years and consulted
different doctors
but failed to get any
relief. After using
Lydia e. Pinkham's
We ge ia BILE Com
pound and Blood
Purifier l can sayI
am a well woman.
The Birmingham age-herald., 1911-11-25
ENS[EY CITIZENS STRONGLY PROTEST Judge Lane and Others Make Address on Fare
 Matter

Despite the cold weather good sized crowd of citizens from Ensley, Wylam, Pratt City, Fairview and Corey gathered at the city hall Ensley, last night, and in strong terms voiced their sentiments against the 10 year contract of the Bir- mingham Railway, Light and Power com pany, and also went on record as op- posed to the cent fare unless 1t was universal and carried with it transfers to all parts of the city. The sentiment of the crowd was that they would rather have the fare remain as it is If 1t does not include all sections of the city in the transfer privilege. Judge Lane and J. R. Hornady were among the speakers. Judge Lane reiterated his statements voicing his opposition to granting the contract as proposed by the company, and Mr. Hornady expressed the same sen timents The chairman of the meeting, T. R. Walker, appointed committee on resolutions. consisting of MT. Averyt. MT. Dupuy, Nolan Sloan and pr. Brown to draft resolutions protesting against the granting of the proposed questions. Judge Lane promised those present that
 
 their interests and that he proposed to fight the adoption of the contract. His remarks were greeted with loud cheers. The speakers were frequently aIpplauded and much enthusiasm was shown in the proceedings.
 The resolutions adopted are as follows: eve, the citizens of Ensley, Pratt City, Wylam, Corey and Tuxedo, in mass meet ing assembled, declare
 q. We oppose the continuance of the present excessive, unjust and discrimi- hating fare to our section of Greater Bir- mingham and we demand a cent fare to any and all parts of the city as a mat ter of right and justice and without any conditions and further concessions. "2. We oppose a 10 year contract as offered by the Birmingham Railway, Light and Power company.
 '3 If the city commissioners are un- able to secure from the Birmingham Rail- way, Light and Power company a uni- yersal cent fare with full transfer priv ilege, we prefer to bear the burden of the present unjust contract until it ex- pires.
 A. We respectfully urge our city com missioners to reject the last contract of the Birmingham Railway, Light and Power company.
 "E. W. AvERYT,
 "G. W. BROWN,
 IS. c. SLOAN
 "J. E. NOLAN,
 "J. A. DUPUY,
 Committee on Resolutions"
The Birmingham age-herald., 1911-11-25
POULTRY MEN HOLD
 REGULAR MEETING
Transfer of Stock Effected With Southern International Poultry
 Association of Atlanta

The Alabama Poultry association held it's regular meeting last evening in the directors room of the Chamber of Com merce to discuss plans for the poultry show to be given under it's auspices il, this city from December to 9. In the absence of President l.. A. Whitehead the first vice president, Miles A. Brad ford, assumed the chairnanship of the meeting.
 It was announced that a transfer of stock had been effected with the South ern International Poultry association of Atlanta, whereby the state organization becomes an associate member of the Georgia association.
 The catalogs for the Birmingham show, with entry blanks and cooperage tags enclosed, were received from the printers and the members present last night mailed out over 300 of these to all parts of Ala bama and the south.
 Judge Simmons, appointed judge of the snow, and editor of poultry journal published at Charlotte, N. C., is expected to arrive in this city early next month, a few days prior to the opening of the show.
 The association will hold it's next meet ing next Friday night and this will be of un.asual importance. as it will be the la,t session before the poultry exhibit.
The Birmingham age-herald., 1911-11-25
CONVICT NEGROOF
 HERRING ASSAULT Sam Murphy Found Guilty of Brutal Attack on
 Bessemer Man

In the second division of the crim- inal court, Judge Samuel E. Greene, presiding, Sam Murphy. a negro. on trial for an assault with intent to mur- der, was found guilty as charged in the indictment. The case was submitted to the jury at 4:15 o'clock and the yer dict rendered at o'clock.
 The case was the outcome of most sensational attempt to assassinate Thomas F. Herring, a business man of Bessemer, who was shot from ambush within 50 yards of his home. He lived on Twelfth avenue and Fourteenth street, Bessemer.
 MT Herring had closed his place of business a few minutes before 12 o'clock on the night he was assaulted, Sep tember 12, 1910. He was in the habit of carrying the contents of his cash register to his home on Saturday
 shts and it was, presumed tl1is was
 object of the attack. fIe was walk
 $ down the street, when. without the slightest warning, the crack of 9 rifle sounded and .1r. Herring fell to the ground, desperately wounded In the thigh. As the assailant approach ed him he managed to draw his pistol and returned the fire. Twice more the would-b be assassin fired at the pros trate body of his victim, one of the shots shattering his right arm. At th time the shooting had attracted at tention and assistance came to the wounded man who was taken to his home and medical assistance sum moned. In the meantime the assailant made his escape. Detectives Patton, McCabe and Childress were detailed on the case and found evidence that later led to the arrest of Sam Murphy, the negro tried yesterday.
 Mr. Herring was taken to the Rob- inson hospital where he recovered, but with the loss of the use of his arm.
 The evidence developed that MT. Her. ring was shot with Swiss army rifle. The evidence against the negro Mur- phy was all circumstantial.. He was caught with a Swiss rifle in his pos session and the shoes he wore at tn. time of his capture corresponded witt footprints found near tho scene of the
The Birmingham age-herald., 1911-11-25

Philadelphia, November 24.-Army and Navy will meet on Franklin field in their historic football game tomorrow. Throngs of rooters arrived in the city today and tonight hotel capacity is taxed. Considerable money was bet tonight on the game, bets of $10O0 being made at even money. There is more Navy than Army money in sight.
 In spite of the precautions to prevent tickets falling into the hands of specula- tors, Broad street was lined tonight with "scalpers."
 Regular ticket agencies say they have enough tickets to supply their regu- lar customers. The prices range from s10 to s25 seat, according to location. The University of Pennsylvania authorities say that duplicate tickets will be issued for all tickets known to be in the hands of scalpers, and that the original tickets will not be honored
 Both teams arrived today. Owing to heavy rains they were prevented from practicing on the gridiron on Franklin field. The Navy players were then taken to riding academy where they indulged in signal practice while the Army team had it's work out in a gymnasium near the hotel in Wayne, suburb, where the players are quartered.
 Indications tonight are for clear and cooler weather tomorrow.
 Cambridge, Mass, November A.-Heavy rain today with prospect of soggy field tomorrow caused a dismal feeling of uncertainty in both camps tonight. as to the outcome of the Harvard and Yale annual football battle tomorrow. Gloom prevailed among the followers of the game who are here while players and coaches of the rival teams displayed little confidence. Even the predictions, of the weather forecaster that tomorrow would be clear and cool did not entirely dispel the gloom for the stadium is almost a quagmire despite it's covering and is not likely to be much improved tomor- row. Among the experts there was gen.
The Birmingham age-herald., 1911-11-25
NEGRO ARRESTED
 FOR SELMA CRIME

Ben Morton, alias Will Heard, a negro, was arrested yesterday atfer> noon by Officers Henderson and Hood. charged with being the murderer of two citizens of Dallas county at Selma a few days ago.
 When he was arrested telegram was sent Sheriff Randall of Dallas county, to which he replied that he had in his possession capias for ths negro's arrest, and requested the Rir> mingham officers to hold him until Q Dallas county officer could reach here.
 The details of the crime with which the negro is charged are not known here. The negro does not confess that he Is the man wanted, neither does he not deny it. He is being held in tho city iail -sH