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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (Aug. 2, 1905)
1005. 8 DAILY CAPITAL JOURNAL, SALEM, OREGON, WEDNESDAY, AUGUST 2, 1 " Stockton & Co ' THE OLD WHITE CORNER ace CURTAINS Wo havo just rocoivod a largo and comploto line of lace curtains, com prising tho now lmportod Nottingham, etc. Noror before have we been in a position to supply tho wnnts of tho homo nfter euinmor house donning. J rCUKJMHd 1 111 l- BUREN WILL CASE REVERSED Judge Galloway Holds that Deceased Was Incompetent-sets Aside Will New Ribbons Ribbons of every huo. Justtbo right shades to onbanco tho boautlful complexion tints of Hondo, brown and brunette Broad, rich sash lbbons for tho ltttlo girls. Ribbons narrower widths for tho thousand nd one uses sis dreed uccossories. "Edna May" Tho new cap for tho ladles. ALL THE RAGE. Colors brown, rod, white, groon, etc. Wo haro just rccoirod an express ehipmont of these, and adriso early choosing as the supply is limited. Norwich Union Fire Insur ance Society. Frank Morodlth, Resident Agont. Office with Wm. Brown & Co., No. 120 Commercial Street. NEW TODAY I DOING THEIR DUTY. Scores of SaJom Readers Are Learning tho Duty of tho Kidneys. Whn Your Boot Girl Says sho will bo a sister to you, glvo hor your clothes to press. Then you will bring thorn to your stepmother, nnd got them fixed right, no matter what they need. Suits prcssod by the month. Gloves, nocktie) silk gloves or nny fabric, no mnttcr how doll- cat e, inado to look llko now. Airs. 0, H. Walker, prop., 105 Commer cial street. Money to Loan TII0MA8 K. FOHD, Orer Ladd & Bush's Bank, Salem, Or Shingles Best Star A. Star Shingles $$85 PER O0O. SALEM FENCE WORKS Walter Mo ley 60 Court Street, Salem. To filter tho blood Is tho kidney's duty. When thoy fail to do this the kid- noy's aro sick. Backache and many kldnoy ills fol low. Urinary troubles, dlnbotcs. Dean's Kldnoy Fills cure thorn all. Mrs. Conradlnn Arnold, of 440 East First street, Albany, Oregon, says: "Doan's Kidney Pills did mo consider nblo good. I used them for rhoumatie pains across tho small of my back and down through tho eldoa which wero vory sovore whon I stoopod to lift nny thing or sat in ono position for any longth of timo. I got Doan's Kidney Pills and commencod their uso. I be gan to got bottor right nway nnd con tinued taking thorn. Thoy soon ro liovod mo nnd I huvo had Tory llttlo toublo eineo. I shall always try to koop Doan's Kldnoy Pills in tho houso nnd will rocommend thenm at every opportunity. Plonty moro proof llko this from Sa lem pooplo. Call at Dr. Stone's drug storo and ask what his customers ro port. For salo by all dealors. Prlco, 60 cents. Fostor-Mllburn Co., Buffalo, Now York, solo agents for tho United Stntos. Ilomembcr tho nnmo Doan's and taka no other. FLETCHER'S CHILDRHN CRY TOR OABTORXA. MMHWttfWHM H4& KffffMM IWS4MHHBWsWSWMWWWsWBWMWwwWrj Don't Fotfget That wo aro still dolug business, and lots of It. We keep tho very best of everything for tho bicycle, do tho best work, and will guarantee to pleato you, Thero aro other shops, of course, but this Is the placs where m you get tho best work at honest prices. Fank J Moote Phono 301 Black. 370 Court Street. The Heat di Patent Eye Glass I AN ARTICLE Or MERIT AND A JOY FOREVER TO THE WEAR- ER8 OF EYE GLASSES. IT BTAY8 ON BY SUCTION, NOT Y WNCOnNO. COMB IN AND HI THEM. MMH fttNTVKVtSnOMIO watwTMHCMDtnmy State aa4 Liberty Sts., Salem, Ore u&wey(rt In tho case of John Chrlstio vs. Hugh McCullocb, writ of rovlow, tho writ was sustained, and a non-suit ordered. In tho Pnrkcrsburg dralnngo district case tho injunction was mado perma nent, nnd tho decrco granted as prayod for in tho complaint. By stipulation tho guardian of Francis Wntticr. V Wottler, was substituted as defendant Tho contempt proceedings against wniiicr uroa., v. a. jirown nnd J. J. Becker was dismissed. In tho Buren will caso Judge Gallo way today reversed tho decision of Judgo Sontt, and holds that tho testi mony of tho physicians shows clearly that Mr. Buren was incomnotont in make n will nt tho time. Below Is giv en tho full text of tho verbal opinion, In this enso entitled in tho matter of tho estnto'of A. B. Buren, deceased nppenlod from tho county court, it seems that Buren, deceased, was a long timo resident of Mnrioh eounlv. Om. gon. Ho died on tho 24th dny of Fob. runry, 1004. Prior to his death, on tho JHtu of February, ho mado his last will, and executed tho samo in the prcsenco of witnesses. Ho disposed of his property to his two children, Max O. Buren, n son, residing in 8alcm, Ma rlon county, Oregon, aged 35 years, nnd Lcda Buren, a daughter, residing In said Marlon countw, Oregon, aged 10 years. Ho appointed. his daughter solo execu trix of his cstnto without bonds, nnd in nor petition for lettors probnto I notice tho probablo vaiuo of tho real cstato in Marlon county is $10,000, nnd ho wni possessed of personal property in Ma rlon county of tho probablo value of $25,000. Now tho son, Max O. Buron is not satisfied with tho disposition of his fnthor's property, and filed n pro test, asking that tho will bo sot nsldo as tho doccdent wns incompetent, nnd wns not Jn bis right mind, owing to old ago nnd sickness, nnd upon tho furthor ground that tho deceased had been ron dorod Incompetont, by renson of sick ness nnd mental Infirmity, nt tho time- to dJspne it nil property Intelligently. Tho caso waB heard boforo tho county court court nnd Judgo 8cott, after all tho testimony hod been taken, ren dered his doclsion. I hnvo onrofully road his findings, nnd hnvo also rend tho authorities oitod by tho attorneys In tho enso on olthcr side, and all of tho testimony wns read over in tho presonco of tho court, nnd since thnt timo I havo tnkon pains to re-road n greater part of tho testimony. Tho point to pass upon, sb I hold it, in this enso is wheth er or not tho dcccnscd was In his right mind, whothor ho was competent to ex ecute a. will nt tho timo ho did execute it, somo six days boforo his death, and lying on his deathbed. It Is not tho provlnco of this court to oonsidor whothor or not ho nindo a just-dlstrl button of his property; ho had a right, if ho was in his right mind, with his full mental faculties, to dlsposo of his property just as ho saw fit, either to innko au equal distribution or an un equal distribution, nnd to give ono child what ho saw fit, so long as he was proteoting himself by making a certain nllowanco to the others. It T not for this court to pass upon nt that time whether ho equally divided his proper ty, or mado an equal distribution, or a just distribution, but whethor he was competent at that time to execute the will. Judgo Scott is vory careful in his opinion, nnd I believed he tried to bo very candid and honest in it, but he seems to give equnl weight to tho tea tlmony of the witnesses, Irrespective of their qualifications to pans upon the mental condition of the deceased at tho timo he executed this will. This court does not presume to impeach the iuteg rity or good intentions of the writer of this will, or those who witnessed It. Ono can witness a will and certify that the person who made the will, tho tes tator, was in bis rigut mind nnd all those things, at the same time he mere ly testifies to tho testator's signature to nu will; that Is all he does, vis: certifies to tho tcstatpr's signature. Now thero have been a number of wit nesses, some of them have been imma terial, and certainly their testimony is of very little weight, not that their testimony has been false or anything of mat mud, but It has very little weight certainly in the rendering of this de cision as far as that goes, Thero is the testimony of Dr. F. E. 8mlth. who at- "tended this roan, the deceased, for a year prior to his death. It seems he was constant in his attendance upon tho deceased. There is also the testi raony of Dr. J N. Smith, who was tailed on tho 16th or 17th of February gavo testimony positively from their standpoint as medical prnctltloners thnt this man wns not competent at that time to dlsposo of his property; ho was not in n state of mind, owing to long sickness nnd tho Influenco of narcotic drugs, and tho effect of hy podermlc Injections of narcotics. At tho timo this will was executed Dr, Smith testifies that the patient was be ing given ni grnln of morphine every two hours, In addition to hypodermic. injections, and Di. Smith said positive ly that, in his opinion, a man under those conditions is not competent tc executo a will. Just to quono from Dr, F. E. Smith's testimony he wns nsked by the scrivener of tho will nbout tho condition of tho patient, nnd ho shrug ged his shoulders, because ho said It was ridiculous to entertain tho idea thnt this man, Buren, would be compe tent to yinko a will to dlsposo of lii property nt .thnt time. The court has read, so far as ho was able, the author itlcs which havo been cited, nnd it seems to be god law certainly that p practicing physician, who had dally In tercourse with tho patient, and who was necessarily required to examine into tho mental condition of tho man ns well ns his physical condition is para mount to that of n casual visitor nt the bodsido of tho patient, bolicvo that to I bo good law. Dr. F. E. Smith Is nos- itlvo in his testimony, nnd so nlso is. Dr. J. N. Smith, another roputabio phy sician practicing in this community Thero Is no testimony to lessen tho weight of tho ovidonco of these physi cians, and it is presumed thoy stand high in their profession, and aro com petent to pass upon tho mental condi- Cm 9v$T0m 'CASi PZGPJLJOX J&m&ilXIjfOlI&I? The Busy Store OFfERS MATCHLESS BARGAINS POR THIS SALE Wo know it is tho quality and low prices that tho pooplo want ti. vortised, nnd not a wholo nowspnpor full of talk.' Sop below what havo to sell. Thoy aro tho bost valuo that was over offered to tho poopl' of Salem. tion nnd tho physical condition of tho deccasod. Thero is but vory littlo tcs-1 wraony 10 snow to tno contrary; tnoro is only tho testimony of n lady to whom ho had spoken prior to his sick spell, to tho effect that ho wanted to make o will and dlsposo of his proporty, nnd asked this woman not to say anything toliln son nnd dnughtcr. There is no testimony to indicnto what his inten tions wero nt thnt time, no testimony that ho had uny HI feeling townrds his son, or thnt ho hnd nny speclnl prefer ence for his daughter. Now thero is some testimony that shows that his son had never received nny pnrt of the cs tato prior to his father's death. Jo had business relations with his father, but ho testified that he and another man bought out tho business; but that would ranko no difference now, for the question is whether or not ho whs com petent to mnko n will. While I believe that n man would bo 'justified in dispos ing of his property ns ho wished, If ho had full montnl capacity, that ho coull with his own property that ho had ac cumulated do as ho pleased, but the. question is whether or not this man, Buren, only six days boforo his death on his denthbed from tho result of an Incurable disease, nnd that disease, as tho testimony shows, ono thnt has a tendency to nffect the montnl fncultior who wns under tho lnfluonco-of drugs to deaden his scnslbllitios nnd r'ondor him mentally Incompetont nnd insensi bio of tho surroundings, nnd to pre vent him from Intelligently disposing of his proporty, nnd another thing ir thnt tho mnn wns said to bo deaf, but thero wns no proof that ho did not hoar tho will read to him; the court believes that the will was read to him. nnd he was made to understand so far ns the sorivunor wns nblo to mnko him un derstand. Now, thoro Is tho evidence of Dr. J. N. Smith and Dr. F. E. Smith Both gavo positivo testimony thnt he was not in such n condition as he should bo to make n will, and the court paid n great deal of attention nnd rer speot to tho testimony of Dr. Cusick am1 Dr. Williamson. I know it is claimed that Dr. Cusiok and Dr. Williamson did not seo the patlont at tho time the will was- executed, but Dr. Williamson ami Cusiek are both experts on such dis eases, nnd boing competent to testify at loast on such diseases testify tha'j from the diagnonsis of this ease, made by Dr. F. K. Smith ami Dr. J. X. Smith, who wero prosout (particularly Dr Frank E. Smith, who had ohargo of him, and had been his physioian for a yoar or moro) they say that he was not iu a condition to have mado a will in telligently, and not in his right mlndi Now, it is true that Dr. Byrd and Dr, McNary were called, but their testi mony wns more upon a theoretical di agnosis of the case. Dr. Byrd testified that ho had seen him probably about six weeks before his doath, and, while ho may hav been in a condition to in telligently execute a will at that time, he may not have been so only six dayi before his death, and under all this tes timony, whieh I havo considered, I am oonstralnod to overrule the lower court, and suoh is the order. W. II. Holmes and J. H. MNsrv represented Miss Leda Buren in thiV case, whllo Carson 4 Cannon appeared as attorney for Max O. Buren, By this, decree Judge Galoway has set aside the Will, and, as a rebult, the property will be divided as if no wUl had been made. FINE SILKS. All now and fresh and sparklo with boauty. GOO yds. Wash India Silks, all, col ora, flno quality, rogular prlco 30c Salo price 23c Remnants of flno silks half price. 1000 yds. Fancy Drees Silks, tho vory latest, worth up to $1.00. Prlco i40c, COc and 09c Soft India Silks and Chiffon Silks, suitablo for flno waists and even ing drosses.. SOc, 45c nnd 05c yd, 7Gc Black Silk Taffota, yd 45c $1.50 Hoavy Black Silk Taffota, 36 inches wide, suitablo for under skirts, yd 05c $1.30 Black Silk Poau do Solo, a flno, heavy quality, salo prico, yd, B5c FINE DRE33 GOODS. Advanced salo of up to dato now Dress Goods. 75c and 85c Hoavy Mohair Droos Goods, yd 40c 75c Fancy Mohafr Dross Goods, yd 40c 50c Twillod Mohair Dress Goods yd 20c $1.75 Hoavy English Mohair Dress Goods, yd 05c $2 Cravanotto Dress Goods, yd $1.30 $1.50 all wool French Voiles, Eta mines, Eollonnos, Fronch Orcpce, yd 49c, 75c and 85c Remnants Dress Goods, Half Price SHOPPINO BAGS. Grand Asortmcnt at Small Prices, 50c, 75c and $1 values, sale prico 25c, 35c and 49c LADIES' FANCY COLLARS. Boautlful Novolty Collars, all kinds, prices 3c, 5c, 8 l-3c, 10c and 25c Embroideries, 1000 yards to select from. Now arrivals, 60c Corset Cover Embroidery, 80 la wide, special prico, yd... 25c Odd lots of Embroideries, all prices ... lc, 2c, 32c, 5c, 8 1.3c and 10c. LACES. Wo carry an lmmonso stock of lacos Vallncionnes Laces, Torchon Laces, Oriental Laces, Silk Lac Mocklin Lacoo and dozens of others at small prices, ic, 2c St 5c, 8 l-3c, 10c, 12V2c, 18c, ' etc. CORSETS. Wo carry a flno stock nt low prices. GOo summer corsets, linen mesh 25c 85c model form corsets, prlco. &. $1.60 Warner Brothers' Rust Proof Corsotfl, prico B5c 75c Glrdlo Corset all colon, Pr 45c 20c Glrdlo Forms, prico.,,,, 25j MUSLIN UNDERWEAR. Comploto stock at small prices, 500 Corset Covers, 30c quality, sale Prico 25,. 20c Corset Covers, odd lot, price 9c Skirts, Drawers and Night Gotjw at reduced prices, 25c, 39c, 19c and up, LADIES' DRESS "SKTRia New arivolfl at law prices. $5.60 Accordion Plaited Drew Skirts, all colors, at mannfio- turoro' coot, only $3.00 $4.60 Now Mohair Droos Bklrti, prico $2.85 Others choapor and others higher price. LADIES' SHOES. 500 pairs now shoes bought cheap. Ladies' $2.25 flno Kid Shoes with Fronch Heol and Patent Toes, prico only $1,39 WASH SUITS. Splendid lino; all reduced $4.50 Nobby Wash Suits, prlco $2.35 $5.50 Wash Suits, salo prlco.. $3.50 Wblto and colored Wash Suits Half Prico. SHIRT WAISTS. Pricos on Shirt Waists Slaughtered. Must go regardless of cost. 25c, 35c, 45c and up. DOMESTICS. 600 yards Calico, standard make, yard 3V,e GOO Linon Fringed Napkins, each 4c. Fancy Lawns and Dimities, Half Prico. SALEM'8 FASTEST GROWING STORE. McEVOY BROS. Corner of Commer cial and Court Streets nrralnat Mint nt nM.. .i,h.l... .,!.... I I oinns, but thnt tu this onse, which In volved solely the question of tho mental condition of the deeonsed, he fools con stRlrned to give precedonco to tho opinions of the nttonding physicians in proforenee to those of all tho attor neys in the town. DIED. SCIIUBINOER.-At the homo of his unele, F. A. Sehublnger, oast of this city, Tuesday, August 1, 1005, nt 10s0 o'eloek, Joe Shublngor, ngod 2S years and 23 days, of ncomplica tion of diseases. and then suddenly disappear. The girl went screaming to tho tent nearby where her folks nro camping, an b tweon hysterical sobs told her mother what she had scon, and doclnred it wai tho body of a mnn that she had s tho arms thrown up, and could see tke black hair on the back of tho man's head. When questioned closely sho ws positivo It wns a man's body she hsd seon, ns tho arms wero too long for child. A Journal roporter wont to the river where tho body- had boen seen. When it arrived the alarm had been spread, ana a number of persons were watching tbe river for signs of tho reappenrnnce of a young man of He leaves one sister When seen after adjournment Jnd Galloway stated to a journal reporter V .1 . . " JB p"or ,0 " h would expect to take v, death of Buren. These two witnesses Holmes' opinion In a legal matter a, I He was born in Switxerland, Juno 4, 1ST", and came to the United States tho body, but up to press hour It bso 1. years ago, to Illinois, and four years not been discovered. ki uk oKino to uregen, and has re sided the greater part of this tne in this eity. He was a member of tho intbolfe chureh, and exemplary habits, in Illinois. The funeral will be held tomorrow (Thursday) at 8 o'clock a. m. from St. Joseph's Catholic church, and the bur ial will be In the Catholic comctery. BcportedV Floater. This foronoon, about 21:30, llttlo 10-year-old Ruth Stottlemlzer. while bUH on tho river bank, south of th .! bridge saw what sho declared was tho body of a drowned man rlna r, ,m an eddy near the center of lh -I. ...w, Dr . Stones Dttsg Store doos a strictly cash business, owes w one, and; no ono owes it; carries large stock; its shelves, counters and show casos nro loaded with drugs', modlclni notions, toilot articles, winea and liquors of all kinds for medical pur poses. Dr. Stono is a regular graduate i medlcino and has had many years of exporienco in the practice. Consulta tions aro free. Proscriptions are free, and only regular prices fos medieine. Dr. Stone con bo found at his drnj storo, Salem, Oregon, from 6 in k morning until 0 at night. WHO'S YOUR REPAIRMAN ? Yotf can use as when In need of Tires, Rims Coaster Brakes, Etc. Out Stock is complete, oar work the best. 3fefS