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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (Oct. 14, 1904)
BA1LY CAPITAL JOUBKAX 8AXEM. OBEOOK. TBIDAY, QCTQBEB 14, 1M4. PENLAND JURY FAILED TO AGREE After an All Nights Session They Were Dismissed and New Jury. Called The closing arpumU in the Pen x land eaec were made Thursday after noon. Mr. BiagbaR reviewed the tes timony for the defendant corporation in a pleasant and convincing manner, llo mode no effort at cloqaenee. His ancociatc renewed the eare from the legal standpoint, and wverely ana lyzed the Instructions asked by attor neys or Penland. This yoaajt law yer, It. A. Loiter, wbo is assistant ia the office of W. D. Fenton, showed great ability as a lawyer, and spoke in a fine clear voice to the jury. lie pleaded for the defendant that it -was not negligent in the slightest degree. A railroad company moving many cats Jnrolrnl danger at all times, and the track itsolf was sufficient warning to all, people to keep off. If the tampany defendant bad been negligent It mast be shown that Mrs. Penland 'was not guilty of contributory negligence. If sbo was, she could not recover. "Was she exercising ordinary care and pru dence ia going on that track ami at tempting to crow when ears were be ing switched! She made a mistake, took a obanse, an error of judgment, anil KHffered the eoosoqnoacoj. It wis a fatal mistake and the railroad com pany was sot to blame. Tin railroad company was not nogUpoat ia nay way and Mrs. Posdaad ws aogtigoat. If she WHfl stopped she noaM have sea the ears moving, woald hart ea the brakenaa waiving. Poopls afgMaoV ing a railroad mutt take as mnch care of tfcoauuJve a they would have other people take care of them. The railroad WW aol aa issuer, and all who had to do with taoai aMttt act -wiih rwiil.ttoar. Mr. laman closed the ease ia aa impressive manner. Ho eoBydimeat ed the abilty of the ltalaat's attor neys ia, piowaUag tir M of the cutCfp ackai, owwljeraiion, of tkf rights of common citiaeas. If the jury owned that crossing they wenld require a just regard fr Uie rights ofpthers ia operatiag iba; property. HojpUtarcrf the mother of the family, Mrs. IVntand, going home from fharoh tOget dinner for hr aaiklroa. Sho wn In hail Sho w thfaVtnp at her Lome. A lady had crossed jot be-) fore r. Others had preceded her. Others wore coming after. Was it not reasonable that if Mrs. Penland had slopped longer she could not have told what traek oars were coming down on! Tfce three tracks diverged jott oast of the crossing of Commercial street ia soh a manner that no one could toll at a distance of fifty or one hundred feet which traek a ear whs being switched onto ia the direc tion of that roing. The brakeman was attending to his duties coupling ears and there waa no one there to warn hr of danger. The open space at the crosswalk, just large enough to let foot paeagers through, was an in vitation to her to pas through and she had a right to conclude it was safe Bnt there was no notice. There was no brakeman to warn anyone. There whs no flagman there. It was their duty to give pedestrians a warn ing against such dangerous contin geneie, and reasonable care and pre caution required some signal to warn passoagers in sueh a thronged thor oughfare. Mr. Iaman showed by photographs ami amps that any person might bave been confused as to what traek the cars were being switched upon. The Instructions. The court then instructed the jury very fully and fairly. He held the de fendaau had a right to move ears on those tateta. A railroad and the poo- fde bad a rlgVt to use the street, but the defendant had a right to use the traek .. It had a preference. It vm the duty of both to use ordinary reasoaable care. In a city both must use grMiec re than at seme coun try erortllfe. It was the duty of the defendant to provide some way of warning against such a dangerous crossing, and failure to provide a flag man or galea or some warning to pe 4lrian, It wbs quite guilty of con tributory negligence. If plaintiff was guilty of contributory negligence,, the plaintiff eKild sot rwevor.'- She was bound to use ordinary eare to ascer tain the real situation. If the com pany left aa opening in its ears for peojde to pass through it win bound to (Continued on page o'ght) t Desperate Fighting. Berlin, Oet. 14. The deprate courage of the individual Japanese so III I or was never better illustrated than in the following story from Oiffus f a CoesMrk named I'riaot- Mffi 2.ar Tmlimjihao we pursued a Jap Infantryman into a Chinese houe, vrhcro he ruebed up a looto stair or laddorwaj leading to a loft, and be gan to shoot. We had no ammunition so thought we would burn him out, when down went one of our men with a bullet in his tack. Tan map and we ruthed op the stair. There was mm for only otw at a ume, aad Miha MedvedtaeK ruehed urH- Tfce face yelled aad fired again, killing our l:-.i -- x . .1 .1 tnui mnn. .ivn 11 n m ume, nut, though I knew I was done for, I felt no fear, but only thirst to eut down the Jap, who laughed at every shot. However, I wasa't going to give my self away, so instead of rushing on I stuek my lance. The Jap drove it down wita'bls rlne muzAe, but it went through his knee. There were three bloodthirsty demons behind, aad Master Jap wasa't safe yet. I heard afterward how he rushed at one man who hesitated to go on, pulled him over the bodies, and struek him with a knife. The other two men were knocked down by shots. When more of our ma came up they fired the i .i . ujw ., mwo, aftar puiliug me ami the othttr Jap waited until Uftac n on aim, w, , . . TI7 t.- . v- . and- then tired right through his body, wonudiag the man Itehiud. The rKh from bhial .lr.-. Minhn'i lend hotly on tup vt liiui. mi i the third man, taktngt advantage the. Jap, cutting wounded out. The Jan, seeing he was done for, put hie head out of a win dow aa3 laaghed. Then he jumped aad was eaught oa a laaoo." f thir hacked at ' Come aad mugh at t i .-h.-k Yellow Bee." "The Hktkiu' remo mmT tiaap i ON THE SAFETY Or OVEKBAT1KO Tlie Rule of Chosing the Lesser of Two Evils AppUes to the Way Ton Eat. I want te knew hew a man is to know when he has bad enonghf The PilgTim Fathers, I believe, had a quaint saying to the effect that you should always rise irera the table feel ing as if yen could eat some more. But the question is, now much morel Just when te stepT That's the point. Tho rule is wrong, because it Is no rule at all. It is inexact aad unscientific. It is likely te lead to the dangerous habit of eating too little. And eating toe little or digesting too little, which amounts to the same thing is the eause of nine-tenths of tho diseases from which humanity suf fers today. Wbat is diseasef It Is" simply uneven balance between waste aad repair. Some, organ lacks strength to carry on the "special work for which it was creatft. Woeia shall it find the strength' it lacks f In drugs! Tenjfihousand times XOl !Ss" 'e han ecoine a hopeless drugfind.r' ; r .v No; In food. -'". "But," you "say, "I eat plenty of good food every dayl" True, dear friend, but you don't di gest it. And food undigested, is mere poison. So, to make food do you good, you must take Stuart's Dyspepsia Tablets. The great thing about Stuart's Dys pepsia Tablets is, that their notion does not depend upon stimulative druggery. They eannot create a habit. They eontain no ingredients to "pick you up," "tone up your nervous sys- When Your Cold Catches You There There is No Time to Wait, Just & V I That harms tera" or furnish whip energy, by call ing out your vital reserve force. They create new strength, force and . energy out of your food. If taken starving they will do you no good at all. . So, eat to live, and live to eat, with Stuart's Dyspepsia Tablets. j The curse of our present civilization is exhaustion. And exhaustion, whether of brain, nerves, physical strength or vital force, is caused by starvation. Of two evils, it is better to overeat (and prevent indigestion with Stuart's Dyspepsia Tablets), than to rise from the table not having oaten enough to repair tho exhaustion of your vital forces. For exhaustion or starvation leads to the most varied forms of sickness or disease, brought on by inability of the weakened vitality to contract the dis ease poisons nnd microbes. Whereas the well-fed nnd well nour ished person, without ever feeling the worse for it, can expose himself to dangers, the mere thought of which would drive the weak starvling dyspep tic into n panic fit. Good food, well digested, is the great secret of a healthy existence here on earth. So eat heartily every day of the best food you can get, and regulate tho working of your digestive machinery with Stuart's Dyspepsia Tablets. As n result you will be astonished to find bow much stronger and livelier you feel, how muoh more and better work you can do, how much more pleasure you will get out of life, and how your eld enemy that ehrenic trouble, whirhj bus fastened upon your weak spot, wexeer it is, will up and away, and ever after leavo you in peaee, health ami comfort. There i more truth and poetry in all iku. Try it ones. o The Northwest and the Tourist. The tourist is begiaumg to appre mte the hoaaties of the Purine Coast. Fur years CaUferaia has been most -pumr aad Justty so with the seek-1 rr auer aeatva aaa reereauoB. irai evea t'attforaia, charming as it i, with in pecuetual soasuiae, it orange grovee ai lie popple, presents no mmh seeaie grandeur a the states that lie to the north f it. Indeed, ia no ether vtUa of tho world is to be ruaad urh a wide variety of pu tuatHBue foatar. Here may b seen mooataias a grand, as awe latpmng aa any ia the Ala or the Pyrua. Neither the MkJao aor the Hudson, aor aay other triror, taa rival the war veto beauty of the gorge of the i o luatbia. Nowhere ia the world caa be found auea magataoeat forests as are Lfcare to W nea. Niagara may Uast grantor volume, ha la height aa.t ia number, and ia tho lavage beaut of their setting, tho waterfalls of the Noithwet are peorioea. Surely, with all those eaticcmtats, the toariote oaaaot ignore the appeal of taw wondor-eouatcy to the lover of the VeaatWtd, the aaasaal, the pie tueqe. Paoiaa Moathly (October). It is not a "little thing." It's a deadly thing. It will not " get well by itself " if you let it alone. Whiskey rend quinine and such things brace you up for the time, but UrV don't cure you. isk any intelligent doctor why you catch cold so easir. He will say, "Because you are a bit run down." He nsans that the force which nature placed in your body to kftw-i out disease germs the resistive force is weak ened. The door is open a little way toward disease. Thera is not a gravestone in any cemetery in the world caused by consumption or pneumonia or any lung trouble whatever, which did not start with what you call "Noth ing but a cold." A cold should not be beaten back or drugyed over it should "be cured) and the general health cbould be built up. ACKER'S ENGLISH REMEDY . should be taken at the first symptoms of cold. It is a tonic for the whole body, a specific for sudden colds, coughs or sore throats. It doesn't matter where the cold is or how it got there, we know that Acker's English Remedy will reach it and cure it. It is sold on a positive guarantee. NO CURE NO PAY- H 3'" have a cold no matter how slight it means something. Take Acker's English. Remedy at once. Keep it in the house. If it does not relive you almost instantly, we will refund you the price paid. a " Acnn's EsoLisn Remedy saved my life. A cough, slight at first, grew constantly worse and I finally had to give up my work in the Knife Factory at Walden. I bad frequent bleeding spells. Was examined by local doctors, prominent physicians in New York and at a Medical Col lege. They all pronounced my case hopeless. I began using Acker's EGU.m Remedy and a few bottles cured me. I am today a perfectly well man." (Signed) A. H. SIMPSON, Walden, N. Y. Acker's English Remedy is sold on a posi tive guarantee that the purchase money will be refunded in i of failure. 25c., 50c, and 51.00 per bottle. m mi m r-J u u -n i"C ?fef &J 5 ms SOLD AND RECOMMENDED BY DAN'L FRY, DRUGGIST, SALEM, OREGON. The House Furnishing Co Appreciates Yout Business and Strives to Merit it. CARPETS CARPETS A great movement of Carpets is now taking place. We have matte great preparations for this extraordinary movement with a stock adequate to the demand. We have the quantity and quality and we allow no one to undcrprice us. Too goeat te mi-tke Egyptian ballet st the "Httkia' Bee ' Mattresses fl32pANu7ACTURERS OFVXTl MdS MATTRESSES MrH Mattresses Arc you saUsfied with the mattress you arc using? Has it come up to.'fyourj expecta- uuhs; xjxu you umiK you were getting a wool bed and it turned out to'.be old cast on rags? Or did you order a hair one and it turned out to be hoe bristles and moss or makers of all kinds of mattresses except the Jfilthy kind. something worse? Wc arc . .. ..... ul uiaiiieostj :ai.kjji uie ,1111117 v"'" The poorest kind wc make is composed of excelsior and cotton. Whatever kind you uuy ui us rui4uu uiaii. The House Finishing Co. STORES SALEM and ALBANY Next Jos. Meyers & Sons. 269 Liberty St. HSa