Willamette farmer. (Salem, Or.) 1869-1887, December 04, 1874, Image 1

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$3.00 per Year, in Advance.
TOOTI1-PICK PAPERS.
BT BOSWBLI., JUNIOR.
First Paper Concerning Juries.
Mr. Timothy Tootbplok Is a fussy little
man. He la one, moreover, who reads wide
Jy, thinks variously, and is not afraid to
speak his mind. In fact, some of his friends,
more especially the members of the Bland
family, say that be is altogether too careless
about the way he ''shoots his mouth off."
Ho Just "lets fly" whenever ho Is In the
-spirit, no matter who bears.
His peculiar characteristic is his extreme
'dislike for what he testily denounces as
"Humbugs." Whenever any popular watch
cry or fashion becomes odious in his sight
lie sends the darts of his criticism flying after
it, and If the "balloon" Is pierced he Is filled
-with a kind of malicious satisfaction as the
gas escapes and it drags the earth.
Many of the sayings of this "peculiar gen
ius" are entirely too "strong" to be publish
ed to the world at large, but some of them
re too true to be lost. So I will justtake ad
vantage of my position at table In the board
ing bouse of the Bland family, and take a
few notes quietly, being careful not to pub
lish to the world at large any thing that is
likely to produce an explosion.
Mr. Timothy Toothpick does not talk on
all questions, but when he does speak he Is
the autocrat of the table. He delivers him
self with such pointed and nervous earnest
ness that every one preserves a respectful si
lence till he Is done.
On the occasion of which I am speaking
now, the elder Mr. Bland had made some
harmless remark about the verdict of a Jury
in a certain case. Mr. Timothy Toothpick
was on fire at once.
" I tell you, sir," said he, " the jury
system Is a humbug. Of all the miserable
shams we ever inherited from old England,
' this jury notion is the worst. Why, sir, it is
safer on general principles to submit any case
to the decision of one fool than it Is to sub
mit It to twelve. 'Too many cooks spoil the
broth,' and 'one poor general 1b better than
two good ones.' If I bad a case in court I
lad rather toss coppers for which should
have it than submit it to a jury. Do you
know how a jury Is impanneled? Whenever
case Is called, the sharp lawyers face the
jury box with their clients at their elbows.
Then as their names are called candidates for
tbe jurors' thankless responsibilities come
forward for examination. Some of them are
men with responsibilities anxious to get back
to their business, some are loafers from tbe
street corners, some are big greenios from
the rural districts. Before they take their
seats tbey are questioned by lawyers and
judge:.
'Do you know anything about this case,
Mr. True ? -
I have heard of It.'
' Have you formed or expressed an opin
ion?' "So far as I understand tbe case, I have."
Mr. True can stand aside; next.
"Mr. Snipes, what do yon know of this
ce?"
"Never heard of It."
"Do you not know of tbe accounts of it
published in tbe papers?"
"No, I don't read no papers."
"Accept Mr. Snipes."
And so the farce goer on till tbe twelve ju
rors are chosen and sworn to render a ver
dict "according to law and evidence." The
men who have opinions of their own, who
read tbe papers, and give good evidence of
strength of character, are rejected; while tbe
Jury Is made op of noodlesoaps that the law
yers think tbey can manage. Then the wit
nesses sre-called, and tbe seesaw perform
ance of taking evidenos goes on for hours.
Then the lawyers plead several hours more,
and the Judge gives tbe case to ibe Jury aud
the Jury to the bailiff. Tbe twelve unhappy
men are locked in a room where there is no
furniture bat wooden benches. Once to
themselves, a miscellaneous and indiscrimi
nate "Jaw" begins, Oocatlonally a ballot Is
taken; then mora "Jaw." Sometimes the
jury is "hung" bra whole night because ten
or eleven contrary men won't come over. At
last tbey 'agree' to a verdict opposed to tbe
first impressions aad honest conviction, of
half the Jury, or disagree and are discharged,
the county paying tbe bill. And this con
temptible farce Is called "administering Jus
tice." And blow - hard polfticUns talk
about the 'sacred privileges of Ameri
can citizenship, the right of trUT hv I'iry.'
And one.lnrse fcciantloiB and nuik rt!tr-
mers call this An age of progress, I" tell j ou,
sir, the old Tribune system of the Romans
was infinitely superior to Ibis jury humbug.
A Four-Page Supplement with the Farmer eaeh Week.
SALEM,
Judges at the gate of the city and required
him to nettle the disputes of tbo people as
they passed In and out.
Why, sir, this 'sacrjd right' we Americans
have of being tried by 'a lury of our peers,'
Is a piece of sugar-coated noosenso that even
an idiot ought to be ashamed to swallow any
longer. A 'peer' is an equal, and to makn
the principle consistent a rascal onght to be
tried by rascals, and a tool by fools. So far
as I am concerned, I had rather be tried by
one capable and honest Judge than by a
whole jury of pudding-heads, not one of
whom knows the difference between a quo
warranto and a noii-sequitur. You say it is
the office of the Jury simply to ascertain the
facts, but how in tbo name of sense can
twelve men, chosen in the way I have des
cribed, get at the facts in a case, when three
or four abysleriug lawyers, under the protec
tion of the Court, ask all tbe questions and
leaye no stone unturned in their eflorts to
bamboozle both witness and Jury ?
If tbe twelve men, with all the witnesses,
were turned Into a room together, tbey
might in one hour, by straightforward ques
tioning, find the facts. But the usual plan
of making a spectacle of tbe trial, and of
paying a shrewd lawyer to do bis best for
his client, without regard to either truth or
(ustlce, is a sham, sir, and a farce, a contemp
tible parody on what should be tbe effort
of a free people to administer justice.
And the 'Grand Jury ' is the ro! tenest link of
all in this old chain of systematic humbug
gery. It simply affords every quarrelsome,
evil minded, envious person an opportunity
to slander bis neighbors at the public ox
pense, without giving them a right to defend
themselves. Every body knows that 'not a
true bill' is written on more than half tbe
mean accusations that enter tbe grand fury
room, and that verdicts of 'not guilty'
squelch half tbe indictments that are found.
The ex parte examinations of tbe grand
Jury in our Court system would have dis
graced the age of the Star-Cbamber and the
Inquisition. And altogether, sir, I do not
wonder that the new Court house on WtlBon
Avenue Is surmounted by an HI shaped
wooden female with a bandage. oer her
eyes and an edgeless sword in her left hand.
That disgraceful parody on all the carved
and graven Images of heathendom is a fit
emblem of our modern style of ' Justice.' "
"That man has some queer notions," said
tbe elder Mr. Bland, as Mr. Timothy Tooth
pick closed the door with a nervous Jerk and
disappeared.
Book Notice.
"A Journal of Army .Life" is tbe title or a
book written by Dr. II. Glisan, of Portland,
who was connected for many years with the
army as a surgeon, and kept an interesting
Journal of his experlouces of army life. This
journal is published in a largeand handsome
volume and recites many interesting adven
tures, giving not only an idea of ltf" In camp
and garrison, and In various portions of tbe
far west, among tribes of hostile Indians, but
abounding in "moving accidents by flood
and field," always Interesting and some
times thrilling with excitement. Dr. Oil
san's experience covers tbe time when Indl
an war raged in Southern Oregon and is
therefore of more than ordinary interest to
tbe people of Oregon. We can commend it
to all those and tbey are the rule rather than
the exception who are interested in field
sports and wild life in the far west. Dr. Gli
san has been for many years established in
tbe successful practice of medicine at Port
land, and relieves the monotony of his pro
fessional labors by compiling aud giving to
the world this Journal of the events in which
be took part in years gone by.
Tbe Shoshone.
Tbe steamer Shoshone last evening when
about opposite Marion streets ran into a snag
and sank. She lays this morning near the
Polk county shore in an easy position. It
was found upon examination that ber bnll
was pierce! in several places, abe settling
on a "boquet" of snsgs. It is tbongbt that
she can be easily raised if the river does not
rise too fast tbe next twenty four hours.
This line teems to have-all tbe bad lnck so
far this season, this bolng tbe third boat
tbat has been sunk since the busy season
opened.
Accident. This rooming a little child of
It chard Kys living on Front street, full
upuu a pleea of slns., ricetvlcg a severe cut
on tbo forehead. The wound bled profusely
but the cut was a clem 009 and with tbe ex
cept! a otan ugly scar, tbe littla follow will
soon recover from bis uiULap.
OREGON, DECEMBER 4, 1S74.
The Uniform School book System.
Mr Ediior: It is to be deeply regretted
that, In many of the districts visited by me,
the series of text books adopted by the State,
has not, as yet, been introduced Into the
schools as provided by law. There was, on
the part of some, a besitanoy in regard to
taking action in this matter before tbe last
Legislature convened, in consequence of an
expectation that the law regulating school
books would be materially changed. But, as
that body failed to change the law in any re
spect whatever, It only remains for the sev
eral districts to introduce tbe books, in order
that tbey may obtain tbolr share of the ap
portionment of school money which will be
made next March.
By reference to the school law, It will be
seen that the County School Superintendent
has no choice or opinion In regard to this
question. It is tbe spooifled duty of the dl
rectors of their respective districts to soo that
tbls series Is introduced and used; and dis
tricts failing to do so can no moredraw their
share of the public fund than If tbey fail to
have a school-quarter taught during the
year.
While the law makes it obligatory to use
tbe books, there are several other good ma
sons why tbey should be speedily Intro
duced. As It is now, a part of the patrons,
of those districts that have not Introduced
the new series, have purchased tbe new
books, while others still use the old books,
thereby causing a variety to be used, conse
quently the teachers cannot attain that sys
tem and consistency that they could do by
uniformity. Uniformity of text-books is an
Important step in the establishment of a real
system of publlo schools for the State. Un
der tbe old plan of allowing each teacher
practically to select his own text books there
were frequent and expensive chang s, and
families moving from one district to another
were put to tbe expense of buying a now set
of books. All these difficulties are fully met,
and these unnecessary expenses avoided by
State uniformity.
Granting tbat there are objections to tbls
series, the objections cannot take precedence
over tbe law; therefore, In accordance with
the binding oath or mv olllce, I must urge
that the text books adopted by the State be
introduced and used before any apportion
ment of school monoy can be made in those
distriots falling to comply with tbe require
ments 01 me jaw.
H. P. CllOOKK,
School Sup't Marlon County
A Request.
Mr. Editor: We have been a'tentlve
listeners to Prof. Condon's excellent lectures
and have been fully satisfied until last even
ing, with the statements made. In his lee
ture on the "Antiquity of man" Prof. Condon
adopted tbe theory that Natural Selection
had operated as a cause to produce tbe dif
ferent races of men beotethe time of Adam,
who was the fit at man to be endowed with
spiritual life. If this be true, are not four of
the races, men, destitute of souU? If all
races are possessed of tbls spiritual life, did
each race have an Adam ?
These are questions we would respectfully
ask Prof. Condon to notice briefly at an early
day. He also asserts after the Flood, and
at the "general dispersion of mankind rep
esented In the Bible as taking place on the
plains Shlnar, the different parts of tbe oarth
boraine peopled.
If man by an endowment of spirit was
rained above Natural Selection, how then
could these different rates of men have
sprung from Noah? If Prof. Condon would
notice these points before finishing the
course of lectures, be would confer a favor
upon not a row auditors,
A Curd.
Mr. Editor : Some days ago David
Newsora furnlitbed the Statesman a state
ment that I used force and put him out of
my bouse (the Bennett House, Salem) and
used abusive and blasphemous language
toward- bim, I being under tbe Influence of
liquor at the lime. I am Good Templar,
and use no liquor. My language towards
Newsom was emphatic enough I hope, to be
understood, but not Improper. Tbe facts are
simply tbat Newi-oin owes me still a balance
on board, which I cannot collect unless I
take bis truck at bis own price and as J didn't
want any score such custom I told bim to
plainly, and be answered that be would
"advertise" me, no I rstbor indignantly
took bis things and put 'them, out doors.
As he an old ujiii I would Mil haiui
bim under any clrcuuittauces and no vio
lence was shown him by me. Mycaotesof
complaint against bim are various and ran
De S4t lonn muy 11 newskary.
Prof. Condon's Answer.
In your issue of jes'terday, my answor is
asked to these question)':
On tbe supposition that the differences of
races we now find were produced by the ap
plication of tbe law of natural selection be
fore the time of Adam. How avoid the con
clusion tbat four of tbe races of men were
destitute of iuls ?
Answer. In my lecture on Monday even
ing, I took pleasure in pointing outevidencos
drawn from the Bible, that God hid, in the
world, In tbe days of Abraham, othor linos
of religious culture than that of the Hebrew
patriarch. Melchlsedeck ot the Cushite-Pheo-ttlclan
stock, Pharaoh of the Cushito-Egyptian
stock giving proof of this in pure re
ligious character, while a flno simplicity of
religious thought Is shown In the few an
cient scraps Chaldean literature preserved,
Cushite too.
The inferenee was drawn that, still other
lines of religious culture existed whose rec
ords were never kept; and doubtless em
bracing all races of men at some period of
their history. It was stated, or intended to
be, that a record of only one of these lines of
religious culturo came down to us, that of
the Hebrew.
From this lino of thought, it Is not clear to
me, bow it must follow that any of the races
were left without souls nothing llko this
certainly whs intended.
2i Question. If all races are possessed of
this spiritual life (rather a capacity for it) did
each race have an Adam ?
Answer. How God begun and sustained
religious life among the races Is not recorded ;
Tbat they had the light for a time seems inti
mated In Romans 1, 21. The resources of
God are so wide that there seems no neceslty
of supposing all these lines of religions cul
ture precisely alike.
3f Question. Ot Course tile supposition of
Mr. Wallace that the differences of races pro
ceeded the gift of spiritual lifo Is inconsistent
with a belief tbat those differences originated
after the flood If you grant no change In our
present chronology then with Mr. Wallace
we must look for the time of change of face,
feature and color back of Adam's day If wo
admit as I claim we must, aonger chronol
ogy than the received one, than these differ
ences of race may be believed to have occur
red after the days of Noah.
Respectfully,
T. Condon.
A Ni:at Arranqkmknt. Wo wero shown
in Mr. H. P. Crookn's office yesterday the
model of a school desk and settee, which
combines strength, elegance and comfort.
The frame is made of cast Iron, and tbe desk
and seat of the bent hardwood lumber.
When not in use it can be closed so compact
ly that ample room is left for ingress aud
egresN, and sweeping becomes a matter of as
much ease as in a perfectly open room.
Over 100,000 of these detks have been Bold
during the past three years. Our school
directors in puttiug new desks aud seats In
our public school houses, should examine
this model
Weatueu Kkoord. Mr. Thomas Pearce,
of Kola, furnishes a weather record for No
vein ber from which we compile the follow
ing: There were 10 clear days, 6 cloudy and
14 ralnv. The rainfall was 0 03 Inches, One
half of the month tbe prevailing winds wero
from the south, tbe other half from tho north.
Tbe mean temperature was 4( 00'; the high
est being 50 on the 21th, and the lowest 33
on the 18th. During Novembor, 1873. there
were 7 rainy days, 4.45 Inches rainfall, 0 clear
and 14 cloudy daps. The mean temperature
was 43 and 43'.
Ricn Dimcovkuv. We learn fiom Mr. M.
Ramsby, who lives on Upper Molalla prsrle,
tbat a rich lode of Iron was struck last Satur
day on Milk creek, about 10 miles East of
Canby station. Tbe vein is said to be 15
feet thick. Mr. Fraser, tbe County Clerk of
Clackamas county, with a party, are on the
grounds, and are under tbe impression that
tbey have found the best iron mine on tbe
coast.
Bids Ofjjnjsu. Yesterday the bids for leas
ing tbe convict labor were opened In tbe
Governors office. Mr. A. J. Brown offered
to employ from 4 to 10 men". Smith Bros.
40 men aud S. Bias S to, 10 men. Tbe bids
Here accompanied by the usual bonds as re
quired by law the prices otlend wera fair
ud Hilld"nb in bttmcrptvil.
Choice perfumery, toilet extinct, pomades,
and lots of fjney goods, Just received by
Weatherford ii Co, Call at their dru? stors
and sea theui.
Volnmo VI. Numbor 4
TELEGRAPHIC.
EASTERN.
Chicago, Deo. 1. A Titbune special sayef
No doubt both tho President and Seoretary
Urlstow in thelrcommtinlrations to emigres')
III take a very decided position In reference
to specie payments. While no one is per
mitted tn speak with authority, It seems cer
tain they will recouimedd Congress to fix by
legislation au early day for coin resumption.
Thatday will be January 1, 1876.
Washington, Nov. 80. The Secretary of
tho Treasurer ha ordered that thn Apprais
er's building, San Francisco, be built of
stone.
Uovernor Garland, of Arkansas, in reply
to a telegram from his counsel here, says:
I am not concentrating troops to defy tho
country or Congress, nor for any other pur
pose. I am not concentrating troops at all
there being peace aud quiet thioughout tbo
State.
Nbw York, Nov. 30. This afternoon Al
derman Vance took tun oath of otUco as1
Mayor, aud a quartor of hu hour later tbe
body ot Mayor Uavouioer waa removed to
hln late residence.
Ni:v Vnitic, Dec. 1. .V call for a mass
mooting of 'longshoremen last night filled
tho great hall of Cooper Institute to overflow
ing. Among the audience wore Geo. Francis
Train aud a number of Internationalist,
CvinmuniNtH and othor rtcoi2iil7d ngltntors,a
couple of whom sought to air their oxtremo
views, aud wtrn received with but little fav
or. Cleveland, Nov. 30. The scow pearl,
FhI r port, lnadod with lumber, came ashore at
Geneva, Ohio, this morning. On board was.
found the body of n nrkn supposed to be J.
Graham, of balrpoet, aud the body of a boy
aged about fourteen both frozen tn death.-.
Hat.timoiik, Nov. 30 An oyster boat waff
run down In Cbespoake lUy yosterday aud
six men drowned.
Lirri.u Hock, Nov. 30. Oh Wednesday
night last live masked mnii weut to aoouutrjr
ktoruoulhe Pttlt Jean Hlvor, Yell county.
They killed the proprietor, robbed tho store,
and then robbed the trading boat lying at
tho bank of tho river, ami Hod, pursued by
the Sheriff and a posseo of men. Thoysep
arated,two coming toward Little Itock. They
followed tbe Isttor, and yestorday, sixteen
miles above here, met them. A light ensued
and tho Sheriff was showim! severely wound
ed. Tho robuors alter recchlng wounds,
were captured.
A collision of tho accommodation trains
on the Northern Contral Railroad this alter
noon, on Iron Bridge, I.nke Holand, precipi
tated O10 tondarsaud baggage oars into tho
water. One passenger was killed aud four
employers inured.
William O'Koy, cousin to the author ot the
"Star Spangled Banner," committed buicldo
at the Kennard Houho lust ntht.
Tkuuh llAuri;. Nov. 30 At Clovordale,
Putinau county, Indiana, yesterday, Thomas
Maitln became olltmded at komethlng said
by his wife, lloshothor with a plklol, kill
ing her at ouce. Adam Htaiitou iuteiterred
u) hhvo tho woman, when he shot him aln
in the shoulder, lie Uexptcted todlo. The
wile of Martin had her liulio in her arms
when sho was shot, and full back (load clasp
lug It.
FORBXOH.
Bhiu.in, Nov. 30. Herr Sluel, editor of the
Valerlanit, has been sentenced tn ten months
imprisonment for asserting that Ktilliiiann's
attempt on the life of Hlmimick usHashaui
plot planned by the police.
Madhid, Nov. 30.- It Is officially announ
ced that General Leballo, Maiquls'Valludouo
ami other prominent persons liae abandon
ed tho cause of Don Carlos.
FAOIFXO COAST.
San Francisco, Doc. 1. A rumor Is cur
rent on the street that Milton S. Latham will
noon retire from the position of Manauer of
the Loudon and San Francisco Bank in tblj
Captain Qulnn, of the British ship British
King proposes to dock his ship and have her
bottom cleaned, as he Intends to aocept the
challenge fur an ocean race with the Tbree
Brothers. A club of live Engllxh gentlemen
have agreed to put un5,000 the amount
proposed by Commodore Allen that the
Three Brothers could beat tbe British King,
San DiEtio, Deo. 1. The Lecturer of the
California State Grange, D. W, M. Wright,
has organised six Granges In San Diego
county, from November 24th to tbe 30th, as
follows: National Ranch Grange, twimtv
four charter member; PowayGrauge, thirty
charter members; Bernardo Grange, twenty
four charter inetnbors; Bear Valley Grange,
twenty-nine charter members; Sau Loulw
Key Grange, twenty-four charier members,
These make, with San Jacinto Grange, seveu
now oiganlzod in San Diego county. A
county Grange will soon be organized to look
after tbe general interests of farmers though
out the county. Mr. Wrlghtleft by the Sen
ator, and will be in Ventura and San Luis
Obispo counties until the 12th Inst.
Los amoei.ks, Dec. 1. Mr. J. W. Crawford
engineer of tbe Los Angeles and Independ
ence Kullroad. returned this morning from
the field of labors during tho past month in
the t'sjnn Pani Mountains. He is greatly ex.
hllerasd over the success of bis explortlons,
San Louim Owiipo, Deo. l.-ilocxl AUton,
reporter and correspondent of the Han Fran
clsuo Viruntcle, was srrtstsd to-day while en
route from hauta Barbara to Sau Frsnclsoo
on the Mtntiner Win Tnh.lr. mi a nlur....
oiiihtzzleiiit-ur, himI l.iminlit Imro lor trial.
Tn.. i.Ulntllf II S.'ItHihl.(,iii, Mdllomf 1 ho
sail liii , ,, , . VJ ,,u tu -ttlllUt,
and eulJtiu; for iiiit), lton uuiitt-tsd miiio
Ihrau hundred dollars aud attempted to Jump
the country.but was capjured while en route.
J o. WriuTit uh i7rJT"V . .TV. i i..
So as iha Uiie&U-l (.uttoui ttat plac.d tbe)
ul mi-i! r, j6CU. fur jo-Ujja'.glo.