The Valdosta times. (Valdosta, Ga.) 1874-194?, March 23, 1912, Image 2

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- T V 1 *R> VAUMIA mm VALUOOTA. OA. RATUBDA? MARCH S3, IBIS. I IS LIMITED IN EMPIRE STATE Court Says he Cannot testify Against Wife . THE LATEST DECISION OK THB APPELLATE COt’HT SHOWS THAT MARRIED MEN HAVH FEW RIGHTS .VOW. “A husband 1b not a competent wltnese against hit wife upon her trial for crime. In no criminal case In Georgia, In which the accused li the wife, la the testimony of the ue' fendaht’a hut band admissible against her; and thla la true, whether the testimony sought to he elicited from the husband be direct or circumstantial In tta nature,!’ saya the Georgia court of appeals. Here, at last, Is a direct, specific and atralght-from-tbe-sboulder opin ion on this point which has been so much discussed and brought forth such diverse opinion, since the Grace case loomed Into print so vociferous ly In Atlapti The uiiotatlon above Is from the head-note In the case of Ector vs. The State, from Grinin. Mrs. Ector ■tabbed her husband, and the trial judge permitted the husband to tes tify against the wife; "In fact, he was the only 'witness who gavo any direct testimony." She waa convic ted and a new trial waa denied, and the court of appeals reverses this action. The opinion, written by Judge ltuseell, la very Interesting, as It definitely Axes the master In thla state. Judge Russell says: . Wife Can Testify. "The wife, If she chooses, can tes tify against her husband In any case where the charge Involves n crime against her person, but the reverse of the proposition is not true. Un der the Tlon husband Is neither competent nor compellable to give evidence against lilu wife In any criminal proceedings, though the wife Is competent,, hut not compellable, to testify against her husband upon hla trial for any crime committed or attempted have been committed upon her per son. "It It not to be considered s« evi dence of our Innmte chivalry toward women, or of our greatest confidence In her freedom from Influence, It Is still a manifestation of n partiality In behalf of the wife, which la nut without reason. * L A Protection to Wife. "The legislature, no doubt, had In mind In restoring the provltlon which made the wife competent wlt- resa In all cases where her husbend wet her Mtallant, that there were Instances where wlvet could In no other way he protected from the fe rocity of brutal huabands." It la pointed out that this privi lege waa probably not given to hus bands because Instances of assault on the husband by the wife are rnre. It la held that the admission of (ho hvaband'e testimony In this rase was clearly error, and that It waa wrong to deny s new trial. This decision hsa a direct bearing on the Grace case and means ‘hat Grace cannot, under any circum stances, testify against hla wife on the charge be makes that she shot him. And as she la about the only witness against her. It would seem that the case against her will prob ably collapse right here, Near-Beer Oast. "The expression ’near-beer' does not Import an Intoxicating liquor and’evidence of the sale of such a the provisions of tha coda eeo- to which we have referred, the MALARIA headiche, biliousness, In digestion, rheumatisms pimples, blotches, yellow complexion, etc, are all signs of poisons in your blood. These poisons should be driven out, or serious illness may result To get r ld of them, use er Bedford’s Black-Draught the old, reliable, purely vegetable, liver medicine. Mrs. J. H. Easier, of Spartanburg, S. C., says: “I had sick headache, for years. 1 felt bad most of the time, I tried Thed- ford’i Black-Draught, and now I feel better than When I was 16 years old. 1 * Your druggist sells it in 23 cent packages. Insist on Thedford’s WHY THEY CLING TO PROTECTIPN AS A POLICY Mr. Greene: "No sir, I do not know.” Mr. Wlekersbam: “Then I de sire to Inform yon that there are none.” Mr. Greene; "Well, I »nf dead oppoaed to this bill any way.” Thla teatlmony shows that when ever there is an effort mado to break down the protection wall, even ■lightly, the representatlvea of epe- cial privilege are right on the Job, „ . , n , T raising their old cry of "seeking to Evidence Before House protect American working men.” Committee Shows that I , T '’ ey ,l0t f °°‘ Con,!re8 “ marl . Hardy. H© tore their arguments to It IS Merely Le- Ehred*, and th'-n recommended that galized Graft . ;h0 7" e \ or ,lla * 1 7* a *=* permission *o fnrry mall and supplies Washington, March 20 - That the I to the shut-in Alaskans, beneficiaries of special prMIex© in beverage without proof that If drunk to excess, will produce Intoxlcntion, will not support a conviction of the prohibition law contained In section 426 of the penal code.'* So It Is held by tbe court of ap peals In a case sounding Abbott the State, from Brunswick. Abbott was yanked up for keeping and soil ing intoxicating beverages, but wit nesses Introduced testled that sold only near-beer. One witness tied that he drank “thirty-two bottles In Abbott's place In one day and went horn© at night perfectly sober." Judge Pottle, who wrote the opinion, holds that th-> leglsla turo authorized the sae of "uear- boFr" by granting licenses, and that It must be shown clearly that bever- npes sold produce Intoxication when ^tunk to excess. He evidently be lieved that a man who could store thirty-two bottles Of Abbott’s offer ing In one day and go home without 4 soiisse on. could not hold enough to get him pickled. . The lower court is reversed. It being held that a now trial should hate been granted. FIVK MINUTES 1 Distress after eating, sourness,; gas and heartburn can be quickly, relieved by taking one or two MI-0 NA stomach tablet*. They are guaranteed to banish- any case of indigestion, acute chronic stomach ftlment no matter what It Is called, or money back. MI-O-NA stomach tablets a small and easily swallowed. They are sold by A. E. DAmmock and druggists everywhere for 60 centa a box. They nr© Put up In a neat metal box that can conveniently be earrled In the vest pocket. They especially recommended for nervousness, sleeplessness, iad dreams, constipation, dizziness and biliousness. thjg country cling to the prot'etlve principle with a fervor tha* amounts almost to fanaticism, and that they We have Jut»t received a bunch of fapey etandjir l bred horses and mares and son^ of them w© think ar e lady brokf*. K© will be glad to will go to almost any length to pre- show you Just how gentle they are. vent the slightest break In the r-ro-iMtzell Llv e Stotk Co., In old Griffith tectlve wall behind which they Stables, gouge their profits from American consumers, Is illustrated by the tes timony at a recent bearing before the house committee on expendi tures in the navy department, of which Congressman Rufus Hardy Is chairman. The hearing was on the proposnl io grant American registry to a small Norwegian boat called the which had applied for the privilege of carrying mall to Alas ka In the winter time. On ac count of the Ice It w News Items From Blanton. Blanton, Ga., March 20.—The farmers In this* section are getting ready to plan?, but the raids nav>i bothered them very much. Mr. and Mrs. W. C. Howell, of Blanton, gave a pinder shelling last Sa'urday nlgfrt, which was enjoyed very much by tlrose present. Mr. C. B. Hambrick, of B"mls, shown that 1 B P en t the week-end at Blanton, Child*** At* Subject To CcWi-t now* »h« * khrjr *i T» V If l- t t- t KIR WUl to fcrrtl k(, TT**u" > —— “* At r- w cr b *| Z3c. SJc. *1.90 ~ r.u-.n. rnrrnttfhidfliBllB VkL’« Family RnnSu Co. Wl — If jrou need ^ hors© or pair of mules, call us or telegraph at our e>!>ensc ana yir try to send you whir 4oii ,VI fo*\ Mliell Live Stock Co., pi old Griffith Stables. Died: at Ilartsfleld, ft*. Mrs. MC C. Jordan, the wife of a well-kqbwn cltlxen of Hart*field, died Monday morning at her home at that place after a short illness. Mft. Jordan *was a member of tbe Baptist church and waa a consistent Christian. She Is survived by her husband nnd a two year old ehlld. Th e funeral was held Tuesday attar- neon from the lal© residence of tbs deceased. certain towns i n Alaska could get n ail only about onoo In two months nnd that they were shut off from freight and fresh food supplies sev en months In tlTe year. The owner of the Norwegian boat, which Is of the “Ice breaker" type, said that he could get through to Nome on reg ular schedule. Immediately, representatives of the American shipbuilding trust hurried to Washington to block him. From these men Mr. Hardy and the members of his committee learned that no American had ever applied for the Job; that none wants,1 it. and that none probably ever would apply for lt. % 'This being true,” asked Mr. Hardy, "why do you object? Where lr the harm In giving this Norwoglan a chance?", # i C. B. I«4mont. an fcfflceV of A© Moran Shipbuilding Company, of Seattle, who was testifying, answer ed as follows: "The harm Is this; that you ni* setting a precedent. You are al lowing a foreign boat to como In and enjoy the privilege of Ameri can registry." Mr. Hardy: "Suppose you were t in Alaska as an American cltizon, and you found that nobody from (American ship yards Is going build a boat, but here is a man who says he will go In 'and bring you mail and supplies In the winter time. Now aa man to man I ask you If you would be In favor of letting him come. Try to dlveat yourself of the position of representing certain In teresta, and try to stand 1>y thoso people." Mr. Lamont: "I have as good a right to think about the American ship building Industry aa about the people of Alaska, and when 1 see somebody who Is going to establish a precedent dangerous to American labor—" Mr. Hardy: "Now you speak or protecting American labor) As a ma'ter of fact, Isn’t It true that most of the men employed on the boats your company bullda are Jap anese and Chinese?" Mr. Lamont: "I don’t know that your statoment Is true." Mr. Wlckorsham: (Mr. Wicker- sham, also a member of the com mittee, Is the delegate from Alaska) Well, I can assure you, Mr. La- mont, that the statement Is true." At ‘.hts point Congremman Greene of Massachusetts, also a member of Jtae committee, tried to help out Mr. Lr.mont by asking him If there Ire* _ _ ... .... writhes W. Evans, Danville, Va. "but I know now It was Indigestion, -as Dr. King’s New Life Pills completely cured me." Best for stomach, llvtr, ana kidney troubles, . constipation, headach* or debility. 25c at Dlm- tnock’a Pharmacy, W. D. Dunaway, and Ingram Drug CO. A young man who expects to be married thla week went to tbe city ball this morning and applied to City Clerk Holcombe for a marriage license. In his excitement be for got that marriage license# are la* sued by the ordinary. It it said ti nt the. marriage will be a sure prise. The Times will publish the name# later on. Mr. Fred_ Touchton, from Vahlos- ta, came down and spent the day with his father, Mr. G. L. Touch- ion, Sunday. Misses Rosa, Ola Loramae qnd Mae Belle Dasher, Lola Carter, Erh °1 Vann, Ida ami Lizzie Georg© were the guests of Miss Kate Howell Sun day afternoon. All went violet picking and bad a jolly time to gether. Miss Lola Carter returned to Val dosta this morning, Vhere she li attending the business college at that place. Mr. Ben Howell spent Saturday and Sunday with hla sister, Mrs. A. A. Copeland, near Dasher. Mr. Ben Black was a visitor at the home Of his cousins, Mr. and Mrs.^ John Knight, Sunday, near Mi- a..* , J ^ Mi , e W<*therlngto\ spent tbe day at Mr. I. A. Wetherington’s Sunday. Mrs. Jane Howell, who has been v«ry ill fqr three weeks, is improv ing and ttU are hoping she will soon be well again. There will be preaching at the Flnck school house Sunday morn ing and si.tying In tit a afternoon, everybody i* cordially invited to'at- tend. W e can show you a good supply of cheap and medium priced horse*. Prices and terms right* Mlzell Live Stock Co. In old Griffith Sta bles < Hot Politics at Quitman. There Is an old *aying that a calm precedes a storm and that a storm is liable to follow a calm. 'Pol- 1th* have beon ao quiet at Quitmun for the past two or threo years thu*. it waa necessary two years ago for the good people of that town to go out and round tip a number of their favorite sons and make’ them servo mayor and councllmen. It Is said that most of the citizens of the town would run away as quickly as country mule when such a thing as municipal oftice was talked about. They hooted at the Idea. That was two years ago. But according to reports a atorm bus broken loose In Quitman, and about half of the people ov-*r there ore trying to g*t the other half to vote for them. Hon. Stanley Ben nett, a leading lawyer, Js a candi date for mayor, while Dr. E. L. Jelks, a leading physician, Is also mentioned, and the present mayor, J D. Wilson, is also In the race “until not danger, in the event the Norwc- j the last vote is polled." glans request waa granted, that he | There seem to be so many canJI- would have the right to go Into the ( dates for councllmen and member* whale bone Industry. He painted a of the school board that one has to vivid word picture of the danger!get a registration list and a city dl- from this source. , j rectory to find out whether all of Here comes thla Norwegian,” he the candidates have lived in town exclaimed, “and enters Ipto compe- ( long enough to vote. t!;lon with American vessels nnd American own?ra and American la bor—men who have sacrificed years In establishing that trade: This Nor wegian come* In and grab* Ameri can money and American profit w ith vessel In the building of which rot a dollar Is spent, for the benefit Junior Moi lianics In Peulunia. Petaluma, cal., March 19.—The state council Junior Order Unite 1 American Mechanic* opened It* an nual convention here today with a latge attendance and will remain In session until Thursday. .Elaborate DNE5T PIUS for backache, rheumatism, kidney or bladder trouble, and urinary irregularitiea. Foley Kidney Pill* are tonic in action, quick in result*. Refute substitutes. INGRAM DRUG CO., Valdosta, Ga. Reliance Fertilizer Co. A. H. Denmark, Local Manager. Office Rear Wyone Shoe Co. FERTILIZERS AND Fertilizer Materials Factory Savannah, Ga. Warehouse Valdosta,Ga CALL TO "SEE "US New Firm Fresh Stock WHOLESALE - Hay, Grain and Mill Products :: Sugar, Rice, Coffee Heavy Groceries The Best “ROXAM FLOUR.” Try It v FIT FOR A KING JOE W1SENBAKER & CO. PHONE 800 A. S. Pendleton's^ OldfStand JOHN DEERE STALK CUTTERS AND DISK HARROWS CALL IN AND SEE THEM W. H. Briggs Hardware Co. Valdosta, - Ga. BRICK, LIME, CEMENT SHINGLES, LATH : : PHONE 44. Fender Lumber Company 601 West Savannah Ave., VALDOSTA, GEORGIA We carry a full line of all kinds of building lumber. FLOORING, CEILING, SIDING. FINISH, MOULDING, SASH, DOORS, BLINDS V .riety shop work of all kinds—Window and Door Fraires and Screens a specialty Tns MINIMUM \y.V<;E BH.U London, lurch 19.—The minimum vnto bill providing for demand., of the Federated Mlncre' Union levied upon operator, when tner struck ■ fortnight ago throughout Great Britain -w»» Introduced today In the houa, of commone by Premier As- of the American working men. n' arrangement, hare been made for WEwel brought In to the dleadvan- the entertainment of the delegate*. tare of—" ; Mr Wlekereham: "Juat a mtn-j About one hundred mulee and qulth. me, Mr. Greene: may I aak If youhorse* to aeler; from at our itahlee.)! Tt, e h111 *'«•, th « enpport of the know how meny reeeele ere engaged j i’ r | roi nn d term, are right. Mlxell rovernment liberals end national,, the whale hone trade on the Pa. Lire Stoek Col, Ip old OrlBth ,'»nd It to hollered that it will become lill'SB c,ft » «•*»’" ‘ Stables. < a law by the end of the week. STOVER GASOCINE ENGINES Tb« timplttt tcrii* on the nark— has lass mmrinfpwru thaa Mr —bar, and wnafwaui mtt ia I—. On* r*4 opiratM Icniur, ax- baait and ifaaoIlM poop. Extramtly •eonomleal la the contamplloa oC faaollM. Aa wpartaoead aacisaar so* Daeawary —anybody eaa mil. Caa ba atartad or atoppad iastaatlr, and eaa ba aaailj traaa- . STOVER’S G00D.ENGINE—1 to 60 k.». Steam Engines, Boilers and Saw Mllla Complete Bohl Si.i.j, nd tafk| eetfitt * lyecldty K Mallary Machinery Co. r" >d* Murry aoael. WdOWL Ok.