I '"SBBSS' Mm s- fru:.VXK."
SoFavbr Sways Vs; No Fear Shall AiveT :
rp'i. From First Statesniaih, March 28, 1831 '-
THE STATESMAN , PUBLISHING CO.
daARLES A. Spbaguc, Sheloon F. Sacxett, Publisher
Charles A. Spsagoc U . Editor-Manager
Sheldon F. Sackett - . . .- Managing Editor
i,. Member ef the Associated Press
The Associated Press Is asclaslvaly entitled to the ose tor public-
two or oil new aispatrnaa creauea ia i vr ski wwrwm cnuiws u
r this ipr.
v Pacific Coast Advertising Represientativesr:
Arthur W. Slypes.- Inc, Portlsr.3. Security Bids.
Saa Franlace. Sharoa Bids. ; Loo Angeles. W. pac. Bids.
. Eastern Advertising Representatives:
rord-Parmo-Stcber. Inc. New fork, m Madison ave.t
. - Chlcaso. 30 N Michigan Ave,
fatter. Published every morning except. Monday. Butinest
toff ire. SIS S. Commernal Street. .
SUBSCRIPTION RATES:
' Ms II Subscription Rates. In Adranco. Witafn Oregon t Dally and
1 Sunday. I Ma SO cents; S Ma. Sl.JSs , Mo. SS.Z5 ; 1 year 14.00,
j Claswbaro BO canU per Mo or $S 00 for 1 year in adraaee, -
r-- By City Carriort S cents a menth: fS.OO a year In advance Per
js Copy 1 cent Oa trains and News Stand t cents..
il ; 1 ;; ;
Col. House on How to Make Presidents
if
I'
'''"Who islthe Giiy inthe RouglMWM
riOLONEL EDWARD MANDELL HOUSE, Wodarow Wil
li) son's "alter ego" and the president-maker from Texas,
contributes in the current Cosmopolitan a cameo-cut descrip
tion and a political view of how to make a president out of
a ..Candidate.
"No political revolution Is ever accomplished except by a
-small, determined minority," he writes. "Disgruntled parti
sans may stay home to express their disgust; they rarely
Irtish into the opposite camp." CoL House declares that the
' independent 10 per cent of voters, perhaps 15 to 20 per cent
jil' these parlous days, determine a candidate's destiny.
"r. On this premise Col. House's analysis of how to win is
as incisive as the plan of attack of a quarterback facing an
unbalanced line or a contract-bridge player knowing his part
ner's strength. .
h "Proper campaigning in the pivotal districts" is House's
sfogan for the candidate's victory. Pick out the sure winning
states arid forget them; do the same in the list of sure
losers. On the doubtful states spend your force ana within
tie doubtful state do personal work in the pivotal districts.
h. House believes the radio is the great direct force for the
candidate, apart from the personal workers which the cam-
paigu manager, mxeuus. xue wuiutu; a uhb ia iuwto
Lr'not enough; the candidate must have ability to project
his personality into the ether."
i House's explanation of recent presidential victories writ
ten as a contemporary master of politics, an onlooker and a
rjarticiDant in the American scene, is penetrating.
"In 1916, we would not nave won in spue oi me zaci
that we were holding the biggest of all trumps, the White
House, if Mr. Hughes had not made the mistake ot going to
California on his Golden Special. His failure to propitiate
Hiram Johnson cost him the presidency. In politics there is
always a Joker in the game. No one can tell what the Joker
will he is the present campaign.
"The best man is generally the nest available man only;
by accident. Theodore Roosevelt and Woodrow Wilson
reached the White House in spite of, not because of, their
extraordinary personal equipment. They were available v
because both were governors ot great states.
Roosevelt owed the presidency to the bullet of an assas
sin, Wilson to Roosevelt's quarrel with Taft. Woodrow Wil
son became governor ot New Jersey through, the influence
ot Colonel Harvey with Senator Smith. It he had not been
governor of New Jersey, all his brilliance would not have
availed him. ; .. . ..
Hoover's selection in 1928, in spite of his political In
experience, was he exception that proved, the rule. Hoover
reached the eminence of the White House without first win-
ning his spurs in the gubernatorial or senatorial arena,
through the publicity which beat upon bim during the world
war and through the most perfect propaganda machine ever
devised for a public man."
The adroit Texan colonel who now resides in Massachu
setts is too wise to pick this year's winner in August. "No
rian can predict the outcome of a political campaign four
weeks in advance," he writes. "Something may happen over
night to change the entire outlook. The moods of democracies
change swiftly. It will be the duty of the democrats to main
tain and intensify the discontent of the voters; the republi
cans must contend that the shadow around the corner is
prosperity, not the sheriff!"
J ' ss ;
jl - Quibbling Over Relief
JOCKEYING for position among Salem's relief agencies is
ej nothing new; and it is related that the apostles long ago
debated over who should sit at the right hand of God in the
rngdom of heaven. But the public's interest in relief tran-
scends any partisanship in who shall administer aid. Sjalem
citizens generally are disappointed in the spectacle of parti
sanship now going on between the Community Service or
ganization and its affiliates. '
The great majority of Salem citizens feet first, that col-
' lections for relief should be made through one central aierency
: such as Community Service provided last winter. Then dis
bursements, of relief should follow through well organized,
nroperly correlated agencies such as the Salvation Army, the
Associated Charities, the Red Cross and the Legion auxiliary;
" Logically these agencies must have a central organization to
determine how much relief work each can do and to prevent
overlapping of this vorlc
J If the relief cannot be coordinated, if dissention persists,
Salem citizens will not be so willing this fall to nungle up
. scarce dollars to aid need. There is already sentiment that
me existing- uisinuuung agencies anemia De merged into one
oir else that Community Service should be scrapped and each
Kxuup ieit w scrampie ior itaeii.
,r - - . " - : " ' . .'.i. . . 1
X' ' Corvallis is Now on Recor J
fflHE Corvallis chamber of commerce answer to Amedee
Anuws ieixer on tne merger bill clears the record ma
terially. The chamber did not snonsnr h
- T w-w vaSM4 asV VVOtM
nbr did it contribute mpney to put it on the ballot On the
uiuer nana, tne cnamoer will not "join other representative
raues to defeat this vicious measure." Conversely, the Cor
vallis business organization will now lend its support to
Unncr VICtOtfr to - thn tnorrror t1oti
tL r!?Ui-y entity of the seconds who sit behind in
XfeK?:?4;tf 1 tool
Hi would b. 7 "L S o
flpAn.Ai?ju . Mi xne iroruana sponsors
! rardi ftr ,rr. "?a.P toe full truth re-
. - , o t w ycutiun mystery.
throughout 'tXmSrlJ of 9
aaaabbla i. rnJ VJ I-tP"!8?.!1? lo.w oa lh former, a bangop
ent flareup la a recall mora dirr..t-.. "rJ? n V
J wwclatlon of Jackson county la solid In opposition to reckUlM
ft JroUel the Medford News. A lively late summer and fall
-. . - ............ , ., ., - ... , , . . .; f J . , . - . . :
- ' .f ' ' .: .....
Ail W L1 -
HEART STRINGS
... ... . . . -.- . . i . - . . . v .
Yesterdays
... Of Old Salem
Tovm Talk from The States
man of, Earlier Days
August 12, 1907
Bids for the navlnr of State
street between 12th and Church
streets were ordered advertised
for, at last night's council meet-
ng. A bid for paving of Court
street from Commercial to Church
street was received and referred
to the property owners, who are
to , bear the expense of the Im
provement. . i
It Is rumored that the neonla
who recently purchased . the Eu
gene electric railway line are now
ready to ask for a franchise In
Salem for a line to be built to
Albany and through the Mehama
country.
SEOUL The Corean annrema
court has passed sentence upon
the members of the Hague depu-
uuon. bang son has been con
demned to be haneed and Tl Wl
Chow and Tl Chun have been sen
tenced to imprisonment for life.
August 12, 1922
Berlnnlnr with tnntrht th
Portland.-RaUway, Light Power
company will run two shifts of
men on Its big new power plant
ia Salem. New tnrblnea will raw
place the old steam generators.
Wanted, 'a bricklayer, srsn a
mediocra on. Th. hniMtnv vm?iI
for the new St. Paul's Episcopal
ennren nere is hard put to it to
carry on the construction hacinn.
no bricklayer can be found, even
ai very gooa wages.
NEW TORK Extraordinary
strength ot railroad stocks, many
BITS for BREAKFAST
By ii J. HENDRICKS-
The supreme court: '
Where was it held? "
Law of self defensor
Where was the Oregon supreme
court held In pioneer days? The
first session was held in 1144 at
Twallty (Tualatin), the present
Forest Grove. That was under the
provisional government. j
a 'a " ! .
Beginning in 1845, the location
was Oregon City, until the capi
tal was by the 1850-51 territorial
legislature fixed at Salem. After
that the sessions were in the Ore
gon Institute building (by change
of name Willamette university af
ter January IS, 1853.). That is,
the main sessions were here; but
two of the three Judges, Thomas
Nelson and William Strong, held
that the law fixing the capital at
Salem was Irregular, while the
other one, O. C. Pratt, held It val
id, and convened his part of the
court here. Thus there were two
locations for a short time. The
view taken by Judge Pratt pre
vailed. a - V .
All the supreme court sessions
In Salem were in the Oregon In
stitute building, until the Bennett
house was finished, in 1S6S or
1854, when rooms of that! hotel
of which moved to new high
ground for the year, was the out
standing development ot yester
day's stock market session.
CHICAGO Uneasiness about
possible spreading of the railroad
strike "had more or less to do yes
terday with an upturn in the price
ot wheat The market closed with
September 81.05 and December
11.01.
Daily Health Talks
By ROYAL S. COPELAND, M. D.
IN a recent article I referred to
the importance of proper care
of the feet and choke of proper
footgear. Today I want to tell yon
bout proper posture and its rela
tionship to good
health. - i..- -Headaches,
nausea, bilious
ness," loss of ap
petite, backache
the fears a
few of the many
disorders that
may be caused
by poor posture.
When we stand
erect, the.nes
clesof the a Wo
men are in posi
tion and keep the
internal organs
in their proper
piece. Tne
Dr. Capeiaasl
ditrestl ra omni wnrV
best when hnld in the comet nasi.
tion. The longs supply plenty of
oxygen to the blood when the body
is held erect and deep breathing is
made easy. ,
- - It has been repeatedly shown that
a slouching position leads to illness
and many discomforts. Most amaz
ing is the observation made on chil
dren suffering from malnutrition or
nndernourisliment. Many children
wnn oad posture . suffer . from
marked digestive disturbances, in
spite of abundant and suitable food.
. When these children were taught
te hold their bodies in good position
there -was an increase a the weight
and the digestive disturbances dis
appeared. Indeed, the child who
improves his posters increases his
appetite, and increased appetite in
sures better digestion and increased
weight.
Many individuals who do not held
themselves properly are merely
fareless. They de not realize the
importance of good posture, and
often seek medical advice for too
correction of raguo and distant
complaints. In some eases severe
pain is duo to faulty posture, and
the victims are amazed and often
skeptical when advised that the.
cure will coma with correct posture.
Their amazement is even greater
when correct posture and exercise
cause their discomfort and ill health
to disappear. ... - i
Do you walk slumping' forward,
shoulders rounded and arms dan
gling' ia front of you? If you do,
remedy this at once. Walk with the
chest well arched .forward, the
stomach in, head upright, chin fat
and spine straight. Whan yoa take
this position you wtQ notice that it
is easier to draw your abdomen in
as you should. It is easier te breathe,
and yoa will feel much better. r
Remember that rood health and
rood posture are closely related. t
iv( . uuHm cuuerancy sum
greater happinear will be yours if
yoa giro heed to these suggestions.
were used. The writer believes
that probably this arrangement
lanes until tne lato sixties, when
the "Smith brick" was finished.
caned the "Rrover A Millar brick"
later, after IV was sold to lL.F.
Grover and John F. Miller. It was
the present Statesman building,
including the W. C. T. U. corner.
Tnen tne sunreme rnnrt rhamhara
and the state library were on the
second floor of this hnildlner until
the summer of 1878, when rooms
were readv In the naw atata hnma
The governor's office was also In
me -urover Miller brick" dur-
lng the same years. Thus Gover
nor Grover had his office in hie
own building during nearly all of
his two terms as chief executive;
or rather in a building ot which
he was half owner.
a S a
The supreme court and state li
brary were accommodated in the
state house until February 24,
1114, when . the present separata
building was ready for their oc
cupancy and the removal of the
officers' quarters took place. Up
to that time, there was not much
of the stat 3 library but law books.
Since that -erlod the law library
and the state library have been
separate. i
The Bits man has been attempt
ing to fix tor a certainty the loca
tion of the Oregon supreme court
chambers when the famous Ore
gon decision on the law of self
defense was rendered. He thinks
the court was then held In the
Bennett bouse, which stood where
the Mssonlo temple stands now.
It this is not correct, ho would bo
Clad to bo put straight, if anyone
now living has contrary informa
tion which does not admit of
question.
.That decision was rendered at
the July, 1S81. term. It was in the
second case decided at that term.
R. P. Boise, R. B. Stratton and
A. X. Walt were the members ot
tho court, J. G. Wilson, father of
tho present Judge Fred W. Wilson
of The Dalles, was clerk of the
court.
. -a
The decision . 'wmM t.
Judge R P. Boise. It was In a
case, appealed rrom Clackamas
county, tinder tho title of Oliver
P. GOOdall Tl Stat nf Oruit.
The preliminary statement reads:
ruooaau was indicted, and con
victed in tho circuit court, for tho
murder of one Potts and fit & mm
is-brought Into this court, and
atanas on errors assigned on bill
of exceptions. It appears from the
evidence reported, that Potts (the
deceased) went to tho house ot
one juaricn, where Goodall , re
sided. Goodall was absent when
roiis arrived. When Goodall came
SYNOPSIS.;
"llsxrUge ia like reading a novel
without suspense. No aaatter. bow
charmed yoa may bo at trst with
Ue, words, a sustained effort de
Hands little smrprlsea, little no
meats ef not knowing what's going
to happen," Pamela '.Warrea - in
formed bar lovely, yeaag niece,
Patricia Braithwalt, as they basked
la the Paha Beach sunshine. Eight
rears before the wealthy Pamels
had married handsome Jhnntie
Warren, and, far spite ef an over
wbelming love, their marriage had
palled. Pat is shocked to learn that
her father has lost his fortune.
Aunt Pass snggests that Pat Insure
her father's and her own future by
tarrying the wealthy, middle-aged
Harvey Blaine, warning that the
glamour ef love wears off. Pat fees
to an isolated spot, alone, to solve
her problem, where she meets a
handsome young man who only re
veals bis trst nameJack. He UHs
er of his plantation. "Eagle's
Neat", where ho hopes to ge some
day with tho "right girL A strange
peace envelops Pat in Jack's com'
any and she wishes tho witchery
f the mooieat might continue for
- ever, bat thoeghts ef her father's
iwaadsl predicament break the
spelL Jack, tee. Is fascinated by Pat
and can hardly, resist embracing
her.
CHAPTER FIVE
Sharply it came to her that hi
their three hours together he bad
told her nothing definite about him
self. He was. not going to tell her.
Aware au at enee of the instinctive
fear7 of the unknown, she turned
- swiftly through the jungle path to
her ear. -
"Goodbye, Jack,' she said, as she
stepped on the gas. "If s-been fun.
IH never forget being once a tramp
by the side of the road.'
His aloofness was swept away.
"But there's going to be more than
once I Isn't there I You said I might
come over this evening? Or
thought yoa did. Yoa told me your
hoteL Yoa erent going without tell
ing mo your full name! Yoa meant
it when yoa said I might, didn't
yoa?" His words rushed out.
"Tea, I meant it than: but we're
no longer tramps by the aide of the
road. It waa Just a lovely dream-
time. Things are different in real
Ufa. And we've I've eome awake.
When one Is awake one knows that
duties erase dreams. Goodbye, Jack.
Oa, I loved it au."
He stood where she left him, still
as bronze. ... As one would say;
"She's dead" bo said, "She's mar
ried."
Motor roaring. Passing car after
Answers to Health Queries "
'-$"
" J. J. B. Q. How much should
a boy 20 years oldL 5 feet t inches
tall, weigh? i 2. Wht are some
good eye exercises to help prevent
bad eyesight from eye strain? -
Ayi-iFor your are and height
yoa should weigh about ' 143
pounds as determined by examina
tion of a number of people. &
Eye exercises are of no benefit. , '
If. B. O. Q Would yoa kind,
ty advise me what to do for black
beads en tho face.' . -. .
Aw For full particulars restate
your auestion and send stamped
self-addressed envelope. ' i ;
V:.a--r-vV$v-
"A Daily Header." 0 What do
yoa advise for a run-down condi
tion? 7
- A Try to build up the general
health first of alL Eat plenty of
good nourishing food. Exercise
daily In the fresh air. Practice deep
breathing. Take cod liver oil as a
general tonic . -.- i.-
tits.
New Views
As far as yoa know, would
you bo in favor of Dr. Zook for
ehanralTo ...- n.
" - w lUtllH NIUM1DII
in Oregon?" That was tho ones-
f f Ave aaVail V flt.i
aw Mavu vj duubslhu XT9pOcX'
wr o uuiouov. ? .- - : 4 1
OBBBBBBSaSSBBSSaSSJSS
Dr. B. F. Pound, dentist: "I
merely know his name. I don't
know about him at an. Person
ally, i would favor Dr. Kerr
aoovo anyone - else." Vm not an
aismnns of o. & O, either."
Daily Thought
Heaven is not reached at a single
. .r ; oouna,
But we build the ladder by
which wo Vise
From the lowly earth to tho
-A vaulted skies,
And wo mount to its summit
s, round by round. " -
From - "Gradatim by- Dr.
Holland.' '
He wanted to kiss me terribly.
thought Patricia. And I wanted him
to. . . . It's the first time I ever
wanted a man to kiss me. . . . Why
didn't bel Any other man I know
... But be Isnt like any other man
I know. . . . That then Is what the
girls mean' when they taQr about
... thrills , . . such cheap word.
I sever knew before what they
meant . . . not really. . . . Ob well,
TVe no time for dreaming. Aunt
Pam said I must marry at once.
And, of course, one couldn't say to
a strange young man, Tm poor and
have a penniless old father who
counts on me to save him. I'm look
ing for a borne tor us and the only
one open to me Is owned by an old
fsorror of a horse-face won't yoa
take us quickly? Fm sure I could
love yoa if there were time to waste
on these matters. . . ."
Well, the Harvey Blalnea don't
waste time ever moonlight and sea
nusic ... Besides, this man Is a
stranger. Even If he were "a suit
able match" ...
Perhaps she had merely Imagined
bo liked her; or that bo bad meant
anything when bo spoke of taking
the right girl to bis eagle's nest
with that strange look In his eyes
and again In the tent. ... . 1
Because a man wants to kiss a girl
Ok,, fool I I mover speculated on
what a man might mean before. But
it taxes time for those things to
happen. Maybe be wouldn't over
think of me In that way. And if be
did maybe bo's poor and we'd
have to wait years and years, Only
old things can rush Into marriage
with poor girls.
No time to waste" . . . "An old
man" ... Homeless" , , . "Penni
less," sang ber motor.
Perhaps bell come over tonight
anyway. Ho tsnt easily turned
aside. He showed that when I tried
te freeze him on the beach. Perhaps
it Isnt as bad as Aunt Pam thinks.
may not have to marry at all
anybody. FH have the truth from
Dadums before I do any titsperate
daughter stuff.
Mrs. James Dairy Warren, famed
on two Continents for her exotic
beauty, submitted herself to a big
rocker on that side of the veranda
girdled hotel which commanded a
view of the driveway.
Ben bad reported that Patricia
had not returned the car, and un
easy and disturbed, Pamela had
come to the hotel immediately after
lunch. She was not happy over what
she had said to Patricia in the
morning. Pat's youth and beauty,
given tune, would put ber in n posi
tion to choose for herself. But in
view of her father's pressing situa
tion ah, the pity of it. . . . .
The Gulf Stream had withdrawn
its cooling breath. The low land lag
fallow In the heat. The older wo
men were "resting" In their rooms;
the men were on the links. Now and
again young folk wandered away
into a jungle-park on which the
hotel gave at Its back.
A taxi swung Into the driveway.
Porters ran out and began snatch
ing a multitude of bags bearing
foreign labels. A woman In a sand
ensemble, sand ahoes and hat, fol
lowed the porters up the broad
steps. A medium sized woman of
thirty or thirty-five, quiet, colorless
in dress and manner, yet drawing
the eye.
Pamela, who scarcely ever noted
hotel arrivals, remarked bor ap
pearance In' detau,' wondering who
she was: "Beautiful, without having
any claim to beauty. Distinctive,
yet not distinguished." The woman
disappeared in the wide entrance;
but ber Image, like a passing whiff
of perfume, remained. '
Harvey Blaine, looking like
mournful horse, came out, peering
anxiously about, and joined Pamela
to engage In bromidie conversation
about the fine weather. Scarcely
bearing him, speculating about the
swift charm of the woman in sand,
Pamela watched anxiously for Pa
tricia.
form coming up tho walk. His step
was a Utue slow, bis fine ereetness
drooped somewhat. Or so it seemed
to the disturbed women. She wel
corned him warmly; but was saved
an uneasy explanation, of Patricia's
absence by the sound of flying foot
steps.
"Lunch over?" called Patricia
from tho walk. "I mean, has the
hotel lunched without me?"
The fashionably garbed clothes
rack beside Pamela unfolded like
the snapping open of n jack-knife:
tho long mournful countenance of
Harvey Blaine beamed.
"Give an account of your absence,
young lady." Accepting the chair
ilaine offered hum, Mr. Braith wait's
gentle eyes regarded Patricia with
mock sternness.
A proud man! determined, oven
a little ruthless yea would ssy at
sight of bis aquulne countenance,
until you looked Into the golden '
depths of. his dreamer's eyes.
Young people adored bis gallant -
old-world manner and bis whimsical
smile. Most older folk fixed bim;
but many, listening to the caustic
brilliance with which be tore cher
ished traditions to tatters, seeming
to langb at them behind his band.
felt that bo was a dangerous and
devastating influence on tho young
who were too ready these days to
take up with any Idea that con
ferred license. Such as did not ap
prove bim shook their beads -pity
ingly over Patricia. ,
Pamela smiled. These two amus
ed her as far as anything could
amuse ber. Distantly related to the
old man, she bad known bim since
childhood, and as a young girl, on
her fathers plantation" which ad
joined the Braithv&t plantation.
Patricia, born to her . parents to
middle life, Pamela knew less In
timately. But during ber brief, visits
to her old home she bad been struck
by the settled freedom existing be
tween the motherless girl and ber
father. No strife; none of the
fUmboyant rebellion of the modern
girl; nor the battling futility of
the modern parent. As if,, having
long ago settled all possible dis
putes In a conference in which each
acknowledged the entire liberty of
the other, they wore a whimsical
attitude in argument, so that one
could never be certain as to whether
they were serious or bantering. -
"I bad lunch by the aids of the
road with a gentleman who quoted
Browning, ate out of tin cans and
off paper plates," declared Patricia.
"He explained to me a marvelous
opera I'd beard, but was too Ignor
ant te appreciate. He cooked me an
omelet be'd learned to make la
Heaven, asked me te go to the
opera with him, and I promised,
then changed my mind and said
goodbye. He Is tall and tanned as
a cowboy, baa nice grey eyes, dark
hair with a alight wave in it and the
fine leanness of face all heroes have
firm mouth, determined jaw and
wen. you've read about him fat n
hundred novels. But bis bands were
different. At least 1 have never
read of n hero that bad bands like
his. If I ever meet any novelist
111 ten bim about those hands. Poor
things, they must be put to it some,
times to make their heroes a tittle
different and yet cut them accord
ing to the adored pattern." She
rushed the words out, scarcely
pausing for breath. '
"I waa frightfully thrilled to
meet bim In real life," she went on,
"and rm quite sure if I'd attended
the opera with bim as be suggested,
rd have gone moon-mad." She
dropped Into a chair beside her
father.
"Good Heavens, Pat!" exclaimed
Pamela, "I believe yoa have gone
sun mad. Are yoa making all this
up, or bare yoa seen a movie?"
. srkr.t.v . i. .it mi
She aaw Mr. Braithwalt'a t a I iLLJJCL'JZZr:. " Z
tV. TV TT1. .TT" au
twig were moving. Even the sun
light danced, Maybe r filled all the
rest in to complete the picture. We '
cooked our lunch over coals in the
sands, threw our plates and table -linen
Into, a palmetto jungle, took
off our ahoes and stockings, and be
rolled up bis trousers, instead of
bis sleeves, and we washed the
cooking utensils." f
"Yes, quite mad," murmured
Pamela. Thinking: "What a gallant
little thing! Or baa she brushed
the whole matter aside?"
To the old man, studying the rel
ative loveliness of bis pastel-tinted
child and the tick, beauty of bis
kinswoman, it appeared that tbe
one waa a pale luy, tho other a
crimson rose, each quite perfect in
her so different fashion. .
fTs B fssllsaiQ
O IMS. ay Kiss Fcstarw SradVxte, las.
home, he first saw potts at tho
door of tho bouse, and at tho door
of Goodall's private room. Good-
all was at a short distance from
tho house. Potts was shot with a
pistol in two places, the balls
striking near the door. He bad a
pistol which was not discharged.
and as to whether It was drawn or
not, tho evidence was conflicting.
One witness states that Potts drew
his pistol before bo left tlfe house.
Immediately before ho .was shot.
There was evidence tending to
show that Pfltts had threatened
violence to Goodall, and that
Goodall was informed of these
threats. The dying declarations ot
tho deceased wero-admttted fa evi
dence. And there waa considerable
other evidence, which Is reported;
but this statement is sufficient to
show tho pertinency ot tho mat
ters passed on by tho . court-"
(Meaning the supremo court.) .
- .- . . - '
The decision: The dying dec
laration of tho deceased being ad
mitted in evidence, tho counsel for
tho prisoner offered to nrove that
tho deceased waa a disbeliever In
a future state ot rewards and pun
ishments, tor the purpose of dis
crediting bis dying declarations.
And I am of opinion that such
evidence should have been admit
ted; for this belief, and tho an
ticipation ot future retribution, la
tho only sanction ef such declara
tions. It is supposed that one im
pressed with tho fear of immedi
ately impending dissolution, and
believing that he will soon bo call
ed to answer for tho truth of his
statements to bis final judge, will
bo under restraint against false
hood sufficient to make tho ad
mission ot such evidence sat e, and
generally contribute to the ends of
justice. But when the deceased
was a , aisoeuever, ana, conse
quently, under no apprehension of
tutaro punishment for his false
hood, it Is reasonable to believe
that, bowever much bo may bo im
pressed with tho fear Of Imme
diate certain death. stiQ be would
not bo under suck Strom- Influ
ences to make a true statement of
tan iac as one impressed with
tho belief of future accountabili
ty.'' (Authorities wore given. An
other ground of error was over
ruled, as irrelevant to the Issue.)
-o V ,
Reading on: "Tho next question
in this case arises on tho several
instructions of the Judge, as to
what would Justify tho taking of
Ufa in self defense; and an these
oa the subject. In the Instructions,
may bo considered together. After
Instructing tho jury la tho lsn
cuago of .tho. statute, the tnnrt
said: To Justify a killing in self
defense, it was necessary t&at an
assault should bare been commit
ted by tho nerson killed: that It
was not enough that tho party
allied nad a pistol in his band,
but there must hava. haaa a nr.
sentation of it. or some demon
stration' of shooting. The court
also said, that "the baring of a:
drawn pistol tn his hand, by de
ceased, would not bo enough: al- -though
deceased had threatened
to take the life of tho prisoner,
end these threats bad been com
municated to bim.
(Continued tomorrow.) ,
Elyrla, O.. devised a money
raising scheme by seUlng tiro de
partment service on contract to
nearby suburbs.
STOP WASTE
STOP waste . . . fate care of your f am machinery.
Don't buy things you don't need. Spend wisely. ,
not f ooHsWy if you want to get ahead. r
Chedc out LBS than you DEPOSIT. . . mat your bat
anco grow. " , ;; v :Z V," ; V- -
" START SAVINS REGULARLY NOW J
Wf Welco m YO U R Banking B u itn atf
urnTED
NATIONAL
r SALEM, OIL
f
r " " Member Federal Kcscrvs SytUm
) v A Street. Bank, Tkoa'OuBy Maaseei
ZD CTATE3 Q
ilJAI. BANH -ii