The morning Astorian. (Astoria, Or.) 1899-1930, June 05, 1908, Page 2, Image 2

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    THE MORNING ASTOIUAN, ASTORIA, OREGON.
FRIDAY, JUNE 5, 1008
(TIjcDnilii
am
5
Eitablishcd 1873.
Published Daily Except Monday by THE J. S. DELLINCER CO.
SUBSCRIPTION RATES.
By mail, per year ...$7.00
By carrier, per month 60
WEEKLY
By mail, per year, in advance
Entered as second-class matter July 30, 1906, at the postoffice at As
toria, Oregon, under the act of Congress of March 3, 1879.
Orders for the delivering of The Morning Astorian to either residence
or place of business may be made byposul .card or through telephone.
Any irregularity in delivery should be immediately reported to the office
of publication.
TELEPHONE MAIN 661.
THE WEATHER
Oregon, Washington, nnd Idaho
Fair and warmer.
CONVENTIONS NEXT.
The American people are going
into convention to name their choice
of certain men for certain office, the
highest in the land, and until the
selections are made there will be a
deluge of debate and uproar from the
great centers of assemblage back to
the remotest precinct of the coun
try. Once the candidates for the
Presidency and Vice-Presidency are
named there will be four more
months of turmoil and discussion,
abuse and championship, asseveration
and denial, bluff, buncomb, and bur
densome jaw-work, in overwhelming
flood, until the people shall stem it
by going quietly to the polls and vot
ing their choice into the exalted
offices. The story is becoming old
and trite, but it never loses interest,
however much the electorate smiles
at the farce precedent.
It is well to understand now, that
the people of the United States are
not to be put off with weak men in
this year of grace; they have had a
taste of the real thing in the way of
Presidents and the succession must
be made of a quality at least ap
proaching the strength and power of
the man who retires. It is equally
important to realize that the vice
presidency must not go to some mere
figure-head, some dawdling rich man
or poor man whose name and influ
ence demand recognition at the hands
of the parties. Roosevelt has lifted
that office up along with his own, and
has accentuated the peril the country
escaped by his own presence in the
secondary station. WE want no re
versions to ornamental incompetents;
one of the chiefest lessons of Mr.
McKinley's deplorable death finds
expression in the standard and stam
ina of the man to whom his mantel
fell. The second place is as pro
foundly essential as the first from
this single viewpoint, and it may not
be abandoned with any safety to the
nation. It will be a grave blunder if
there are not two strong men named
at Chicago and Denver this year; an
error that will not be soon forgiven
if the country is ever called upon to
witness the failure of a weakling at
( a juncture in the nation's affairs such
as Mr. Roosevelt met and dominated.
PREPAREDNESS.
This is the time for Astoria to "get
next!".
'While the dearth of business is on,
and there is time to devote to the
real situation, it is every man's duty
to study closely the best plans and
most feasible expedients for the com
munal up-lift and report them when
ever they will do the most good.
In spite of every drawback that
hinders and hampers her, Astoria is,
today, one of the "sanest and safest"
of the Oregon communities. She has
no poor and indigent population to
care for; she has more genuine
workers and fewer loafers than any
city of her size in the country; she
has all the advantages she needs to
build upon and plenty of money to
build with; this is her season of
preparedness and her people must
"get next" and stay there.
Her destiny lies in her own hands;
she has been notified in unequivocal
terms, of the disinclination of every
great agency on the outside to which
she has looked longingly for her re
demption and launching, to buoy her
through and aid her; she swings on
her own pivot and must preserve her
own balance.
The man wth brains enough to
evolve a working suggestion whereby
she shall begin to forge ahead and"
take on new leverage and lustre, is
the big man of the community; and
he owes a lot of his fellows who are
willing, to a man, to owe as much to
him and make good, if he will but
Astorian.
ASTORIAN.
Si-50
open up. There is a way out of our
upine condition and it will be found
in our very midst; it must be, for
there is no source of revelation nor
contribution beyond our gates. We
must prepare the base and line of our
own evolution and having gotten
"next," "get there!".
NO KICK: JUST A HINTL
As the second city in Oregon As
toria rightfully asks for an improved
telephone service.
Every man here knows that the
company's representatives and em
ployes are making the best of a
worn-out and decrepit system, and
while we momentarily row and rave
over the inadequacy and incompe
tency of it all, we do ft in the general
sense of a protest against the tools
they are working with.
By every rule of business expe
diency, public and private, the com
pany's and our own, Astoria is en
titled to the latest and best in
switchboards and other equipment
that shall put her on a level with the
coast cities of her class and those
above it
The entanglements that confront
ed the company last year have been
straightened out and may not be
pleaded now. We are urging this as
our own : due, for the company's
profit and for the preservation of the
sanity of the community in general.
We know the lineage has been im
proved and appreciate it but we
plead for the correlative addenda that
shall make the system what it should
be in a place of this size, and shall
hail the news of the company's readi
ness to stock up this station, with
universal satisfaction.
A woman who evidently has studied
her subject first band said recently of
American society; "The whole trouble
with society can be gummed up In one
word insincerity. A love of outward
display governs every action. People
have become too fashionable to enjoy
themselves and, while they do not
know It, have lost the art of good liv
ing." Others have discovered this,
too, and that may be why so many
plain people content themselves with
homelike simplicity and genuine friend
ships. American farmers cannot be blamed
for the exorbitant prices of beef, eggs,
vegetables and other products which
go Into cold storage. They do not re
ceive the fancy prices which the con
sumers are forced to pay or go with
out The trusts see to it that no one
but themselves gets in on the division
of profits.
Recently the I'orto Ricans celebrated
the eighth anniversary of the estab
lishment of civil government In the
Island. There were parades and mass
meetings and speeches, but nothing In
the reports to Indicate any fretting for
home rule and al! that
President Roosevelt talked recently
to natives of hIx different countries In
their own tongue. Little chance for
the crafty, tip hunting courier when
he goes on that world tour.
Many a vice Is a virtue which baa
passed from service to mastership.
Subscribe for The Morning Astorian
60 cents per month. Contains full
Associated Press reports, besides all
the news in the local field.
Subscribe for the Morning Astorian,
COFFEE
A middling steak and
first-rate coffee are better
than middling' coffee and
first-rate steak. Con
sider the cost.
Your yrocr rtturna your muntj If roa don't
liki Schilling, Best; wpij-him,
T,
Episode In the Legal Career of
Senator Stewart
HIS LAST CRIMINAL CASE.
Tho Trial Which Movtd Him to Do
clar Ho Would Ntvor Again Deftnd
a Man Charged With Murdor and
Turnod His Cartor Toward Politico.
"Every true lawyer will be loyal to
his client above ail things," said for
mer Senator Stewart of Nevada. "1
once heard that great lawyer, Senator
Davis of Minnesota, say, 'When a man
places his life In my hands there H
some danger that I may go to the pen
itentiary, but there Is no danger tlint
he will hang.'
"Seuntcr Invls meaut to convey the
Idea that he would resort to every
conceivable means to save the life of
any client who placed that life In his
keeping. That was the principle which
encompassed me when I was In crim
inal practice. Because I went to ex
tremes in saving a man from the gal
lows I quit criminal practice.
"My last crlinluul case was a singu
lar oue. I was practicing law iu Ne
vada and bad achieved quite a reputa
tion as a criminal lawyer by reason of
several almost phenomenal successes,
as luck would have It The rougher
element seemed to have confidence In
me and to feel safe In placing their in
terests in my charge. Thus It hap
pened that when a man named Ellis
was arrested for killing a man named
O'Brien, ou a mining claim, a frleud
of Kills came to me and paid me a re
tainer to tlefend Ellis. I accepted the
retainer without making any Inquiries
as to details or particulars. I was
busy with other matters.
"Just before the case came to trial
I looked Into it and fouud that the
case against Ellis was a strong oue.
In fact, I did not see how Ellis was to
have a ghost of a show for his life.
I could find no plea on which to de
fend blm. The community was preju
diced against him, and some of my
best friends came to me and begged
me not to defend him. But that made
no difference to me. 1 had accepted
the retainer, nnd I was Ellis' lawyer.
It was my duty to save him. If possi
ble. Consequently I told my friends
that 1 was Ellis' lawyer and that 1
Intended to clear him. For the life of
me, I didn't know how, though.
"As trial day drew nigh, Ellis grew
moro and more nervous. He sent for
me again and again to come and see
him, but I persistently refused to do
so. I felt that he was guilty. I be
lieved that he would lie to me and
confuse me. I stayed away from him
and sent word that I would be on
hand to defend blm. He was obliged
to be satisfied. No other lawyer would
take his case. But I made a bluff of
telling all over town that I was going
to clear Ellis. Meantime I had been
making desperate plans for my client
"Only one year previous to the trial
of Ellis a popular young Irishman
named Barney had been convicted of
murder on circumstantial evidence.
Subsequently the reul murderer was
found and lynched. The case of poor
unfortunute Barney was fresh In the
minds of all, and the man who had
been his attorney and had earnestly
pleaded for his life was now the pre
siding J'idge. Moreover, the principal
witness against my man Ellis had been
the principal wituess against poor Bar
ney. "There was another witness, who
vas affllctel with an Impediment in
his speech. When excited he would
stutter and go through such contortions
that nobody could understand anything
that he said, and his gestures were the
wrltblugs of an Insane man. I had no
witness for the defense and had to
dear my man with the witnesses for
the prosecution.
"There had been a row on the moun
tain side, and the evidence showed that
Ellis had murdered a man named
O'Brien without provocation except
that O'Brien had claimed prior right
to the mine of which Ellis had taken
possession. O'Brien bad gone Into the
mountain to assert bis claim, and Ellis
bad killed him In the presence of two
witnesses.
"Well, when the time came for trial
Ellis sent word to me that he wanted
to talk to me In the courtroom, but I
sent back word for him to keep his
mouth shut and see me Immediately
after the trial was over. The poor
devil sat In the dock and eyed we wist
fully. I could see that he had confi
dence In me as a criminal lawyer who
had never lost a case, but his life was
at stake, and he was guessing hard. I
allowed the prosecution to make out its
ease with its witnesses and offered no
objection of any kind. I told them that
I was busy and wanted to gut through
the trial as soon as posslblo and as
soon as my client was acquitted must
take up another case, involving a great
deal of property. It was a bluff, of
.ourse, but a bluff sometimes beats a
Jull hand.
"When my turn came I took the
principal witness for the prosecution,
and I went after him In this faRhion:
'You are the man that swore oway the
life of poor Barney last year. His
itlood cries aloud for vengeance. We
ill know, everybody here knows, judge
and Jury and all the people know, that
you swore away the life of that poor
boy when be was innocent. You seem
to make it your business to testify in
such cases. You evidently like to
place yourself In a position where you i
c
CLIEN
ran swear away human Uvea. Ivery.
body knows that poor Ituriiey was here
In Nevada, and his aged mother weep,
lug In Ireland, when you swore against
blm, aad he was hanged altogether oa
your testimony. I dou't know what
you have against Kills hero, but of
cotirso you have some grudge.'
"Here the prosecuting attorney prop,
erly interfered and demanded that the
witness be protected from Insult, but
the Judge ruled that the man who
swore away the life of pir Itaruey
deserved no protection. That decision
had an Immediate effect upon the jury,
and I could see It. I was not defend
ing Kills directly, but 1 was success
fully prejudicing the minds of the
Jury against this witness. I kept on
abusing him and finally compelled blm
to ndmlt to Judge and Jury (hat he
had beeu mistaken lu the Harney cae
the preceding year. Then 1 ranted
and shouted:
" 'How dare you come luto this court
to swear away auother human life?
How dare you appear before a Jury of
Intelligent men, all of whom know of
the ltaruey case? You admit that you
were mistaken lu the fluruey case and
your testimony banged that uuhappy
lad. lou are also mistaken In this
case unless you are perjuring your
self. But you can't hang Kills with
your prejudiced testimony. I thank
God that the people of Nevada did not
mob you last year,- and I hope that
they will not lynch you now, but you
bad better get out of this community
as soon as you can or I will not vouch
for your worthies life. Get off the
witness stand and get out of my sight.'
"He disappeared. He was In a hurry
to get out of the room, lie was almost
cared to death, aud the Jury could see
that too. While be was getting out of
the room I called for the other wit
ness, aud he came to the stand In a
nervous, trembling manner, which In
dicated that I alreudy bad him scared
almost to death, lie was very much
excited and evidently expected me to
go after him as I had gone after the
other witness. He coukl scarcely stam
mer his name, aud this Is what I did
to him:
'You saw O'Brien, the dead man,
raise a shovel and try to brain Kills
here. You saw Ellis run away from
him. You saw O'Brien run after Ellis
clear to the edge of the pit Your owu
eyes witnessed the fact that Eills did
not draw bis gun until he was about
to le bralneri and knocked Into the
pit. ' Now, tell the Jury the truth with
out any hesitation or quibbling. Out
with It!"
"The poor fellow began to stutter
and stammer and shake his head. He
raised his arms and waved them about
his bead. He stammered aud Anally j
inn um uuuuh iu niM eyes, tears or vex-
atlon flowing, and then 1 shouted:
".tears win not avail you. Let your
conscience work. You know the truth,
and you know that this deed was done
In self defense. Tell the truth or get
off the stand.'
"He got off the stand. The Jury
did not know thut he was a stutterer.
They saw only that the witness was '
stricken dumb before a determined at
torney, and they saw from his tears
that he was regretting bis direct testi
mony. My ease was won. It took less
than five minutes for the Jury to ren
der a verdict of not guilty.
"As soon us the verdict bad been
rendered Kills eume to me and asked
If his life was saved, and I replied:
'Your life is safe for Just about ten
minutes. These people are now going
to the saloon, and as soon as their
whisky takes effect they will come
here and run you up on a rope, While
they are drinking you must scoot up
the moustain side and disappear. Now
get out m fast as your legs will carry
you.' "
"No mas ever shinned up a mous
tain UO with more expedition than
Ellis did that iiioriilnir. I to
"U UUUUUJ cvn
saw him again In those diggings. I
got on my horse and also disappeared,
as I did not know what the mob
might be tempted to do when they
raned to unci t;m. or course, after )
me for saving my client, although they
were all satisfied that he was guilty.
Even the Jurymen told me afterward !
that they did not see how they ever
acquitted him.
"That was my last case in criminal
practice. I declared that I would
never again take the case of any man
c&argwl with murder. I felt that I
bad uone my duty as a iawyer and
had saved the life of a client who
trusted that life to me, but I was
deeply Impressed with the belief that
I could not do it again under any
circumstances. So I quit criminal
practice and went into politics. But I
bad not seen the lust of Ellis, t hrt
dismissed blm from my mind entirely,
but ten or twelve years afterward I
was In Salt Lake City participating In
a public meeting. Late at night I
was walking to my hotel when a man
rushed out of a little alley, handed me
a purse of money and said: 'Take it
Ifs yours. You earned more, but that
Is all I have now. You saved my
life. I'm Ellis.
-vvitn tnnt he disappeared, and I .
have never seen or heard of him since.
All of the circumstances were against I
him, and yet maybe he was innocent. I
A rntfn who will go out of his way to j
pay a debt as Ellis did must have some
good qualities in him. In the purse I 1
found the neat sum of $750, which !
must have represented his savings for j
a long time. I presume that he had
been watching my movements and fol
lowed me on that occasion In order to
pay for my services and let me know
that he realized something of their
value to him. Whether he was inno
cent or not I did my .plain duty in
A FEW SPECIALS
SOMETHING
Crcsta Blanca
pS.d).:
Cresta Blanca (Red nod
White). Chianti
Cresta Blanca Sparkling
Burgundy. Nips
AMERICAN IMPORTING CO,
589 Commercial Street
''MM tttt
THE TRENTON
First-Class Liquors and Cigars
002 CommercUl Street
ivorocr lomir
MIIIMMM
Center CommercUl and 14th.
HII
John Foi, Pres. F. I Biahop,
niavn noyer,
ASTORIA IRON WORKS
DESIGNERS AND MANUFACTURERS
OF THE LATEST IMPROVED . . .
Canning Machinery, Marine Engines and Boilers
COMPLETE CANNERY
Correspondence Solicited .
4;S4tcsss444t4ii
j ""'"''"''""' -vv?t 44444444444444 44
To the First
Bringing this uAd." and opening an account, we will
deposit the first 50 cents, conditional that the child
deposit 50 cents at time of opening account and one
dollar per month for eleven months. The account
will then be worth $12.00 besides 5 per cent, interest
and is subject to withdrawal according to State law.
Remember your account is secured by real estate.
Children under fourteen eligible.
THE BANKING SAVINGS AND LOAN ASS'C'N.
108 10th St. Phone Black 2181
q jrPRACTICAL POINTS
jZ PRACTICAL POINTS
A
If
1 1
j
X
Z
SCANDINAVIAN-AMERICAN SAVINGS1BANK,
506-508 Commercial St., Astoria, Ore.;,: ; , . .
! t
FIRST NATIONAL
Mi
DIRECTORS
W. F McGregor
Jacob Kamm
J. W. Ladd
fSniral
aP"ai
Surplus .'
Stockholders' Liability
r.HTAItLISIIICJ) 18KU.
J. Q. A. BOWLBY, President.
O. I. PETERSON, Vice-President.
Astoria Savings Bank
Capital Paid in $115,000. Surplua and Undivided Profits, $100,000
Transacts a General Banking Business Interest Paid on Time Deposits
FOUR PER CENT PER ANNUM.
Eleventh and Duane Sts.
uerenamg nun. jno otner course would
have saved him from hanging, and It
was well for blm that he got out of
sight as quickly as he did. Those were
strenuous days In the mining regions.
If Ellis Is alive, he will not blame me
for telling the story. If he was Inno
cent, be will be glad to have It told."
Smith D. Fry In Los Angeles Times.
EXTRA FINE
Sautcruc (Chateau
60c
.75c
35c
MUH )
ASTORIA, OREOON
in MIHMMIM
Sec Astoria Savings Baak. Treaa.
yiee - rrcs. ana supt
OUTFITS FMRNTsmrn
. Foot ol Fourth 8trtt
IB
500 Children
On Banking No. 5
Important to the business men:
.'laving an account with this bank
guarantees the security for your funds
assures prompt, satisfactory service
and the most courteous treatment.
You will find an account with the
Scandinavian-American Savings Bank
a valuable asset to you.
Biffi OF IMA
G. C. Flavel
S. S. Gordon
uinn fnr
25,000
100,000
FRANK PATTON, Cashier
J. W. GARNER, Assistant Cashier
Astoria, Oregon.
' The Clean Man.
The man who delights in personal
cleanliness, and enjoys his shave,
shampoo, haircut, and bath, in As
toria, always goes to the Occident
barber shop tor these things-and
gets them at their best.
V