The Daily Astorian., January 21, 1879, Image 2

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ASTORIA, OREGON:
O. C. IREIiAXI.v....v.v.-.v.v.. Editor.
TUESDAY.... ...-.-J.VS-rAllY 2K 1879
Supreme Court Ruling.
On the 10th, in the Supreme
-court of Oregon, now in session at
Salem, the court decided a motion
"in the case of the state of Oregon
vs. John D. "Whitney, which will
he of interest to the profession in
the state. The decision is sub
stantially as follows, opinion by
Judge Beise: "This is a motion by
the state for a rule on the clerk of
"the court below, requiring him
to send up to this court as
41 part of the transcript herein, a
certified copy of the written charge
of the court to the jury in this
;ause in said court. The bill of ex
ceptions contains detached parts of
the charge, and the defendant, Whit
ney, seeks to reverse the judgment
'of the court below on alleged er
rors in said charge. The state
throush its counsel claims the
charge should be taken and con
strued as a whole and not in parts,
as set forth in the bill of excep
tions and ask that inasmuch as tlfe
charge is on -file in the 'clerk's
office, it should be certified up as
a part of the record. Counsel for
defendant claims that it is not a
part of the judgment roll and
therefore should not be sent up as
a part of the transcript. But we
think that inasmuch as it is in
writing and on file, and the bill of
exceptions contains only a .portion
of the 'charge, and that remainder
of the dharge might have a ten
dency to -explain or modify the
parts cited 'in the bill of exceptions,
that the whole charge may be
'considered a part of the bill of ex
ceptions and brought before this
court for examination." 33he mo
tion will be allowed... J. J- Whit
ney and "W-. M. Ramsey, for the
estate, and J. A. Stratton for the
defense.
(Incidents of the Sxrew Storm.
A dispatch from Oswe.go, New
York, gives an idea of tihe severity
of the great snow storms which Te
cently prevailedin that state. The
papers are filled with accounts of
the suffering it caused, but the
folio wing-extract will illustrate the
whole':
The streets of this 'city and all
the villages in the county are
blocked with snow, and business
and travel are almost entirely
stopped. It is with the greatest
difficulty that a team can make its
way through the streets, and pe
destrianism, except on the main
streets, is very difficult. The board
"r eiirntmcftrc TiTi?Miri lo onnnnll I
pw ,.w.o .o..v , -,.
sibiuu uu x uursuny, uk-i t;rajmisin
bers are -unable to T-each their
homes, and remain at one of the
hotels here. A theatrical troupe
which left here Thursday morning
is snowed up and out of money, at
Richmond station, on the Rome
railroad. The snow is from ten to
fifteen feet deep generally through
out the county, while the 'drifts
are frequently up to the second
story windows. Even if the storm
should abate, it will be several days
before the railroads will be opened.
It is still snowing hard this e-ven-.ine:.
In some villages in the'eoun
ty, provisions are running -short,
and extraordinary efforts have to
be made to procure the necessaries
of life. At Sandy creek only two
mails have been received in two
weeks. The at', and -nee at the pub
lic schools is vi ry small, owing to
the storm. Seme of the schools
were closed yes erlir. The delay
of mails, freight, .aid express mat
ter causes seriors annoyance and
loss to our merchan s. The Sra
cuse, Northern, . nd Southern Cen
tral, railroads, cenn 'Cting with the
roads leaving he -e, are also block
aded, and a nun ber of passengers
are snowed in at several Stations.
'The railroads weie left in sucha
condition by the storm 'of last
iraonth that it will hi hard work to
clear them when the present storm
subsides. The snow in many
places is banked up on each side
of the roads to a height of from
ten to twenty-five feet. Conse
quently, the snow which has now
filled in the cuts will have to be
shoveled out, and some of it car
ried a long distance on flat cars.
The oldest inhabitants remember
no more severe storm than the
present one.
Yakima In (linn Aifairs.
A special correspondent "at Yakima
city, has interviewed Chief Moses and
ends the following:: Closes gives a
very circumstantial account of all his
actions, and "denies that he ever -entertained
any hostile feelings towards
the whites. He says that when Enas
brought -him the first message, he was
told t2iat agent "Wilbur had received a
big paper from General Howard con
cerning the new reservation, and he
was to hurry up to the reservation, as
the paper could not be opened until
he arrived. When he came to see
Wilbur nothing was said about this,
and he thought lie had been deceived.
At the meeting at Yakima he promised
to send men to accompany the ex
pedition. Enas had arranged to meet him at
a certain place, but instead of doing
so. he. Enas. has taken the whitesl
twelve miles below. Moses confesses
to have acted foolisly in allowing so
many of his men to corae down to the
river where the volunteers were, but
disclaims all intention of being other
wise than friendly. He wanted to
show the people his strength, and the
occasion being more than ordinary, all
his men wanted to see the party off.
To his knowledge, not a gun was
pointed at the whites. After leaving
the party, and the whites refusing to
co -un the river to cross, he and his
men returned to his camp. The next
day he sent nine of his men across the
river with the intention of joining the
whites :and assisting them in $he cap
ture of the murderers. One of his
men came to him and expressed'a fear
that they would not be received in a
friendly manner by the whites, and,
fearing this, Moses accompanied the
party, traveling until late at night.
They Made a dry camp in the moun
tains, and it was aft this place that
thqywere captured, their arms taken
away from them, and they themselves
"brought to Yakima and placed in jail
;and ironed.
Stock, is the substance of Moses'
story. As to his actions, he earnestly
desires that the people should iknow
that he entertains no hard feelings
toward them. He says that he was in
irons by reason of the lies of a Sew
men, but his heart is sfill warm, and,
whether he is to remain a prisoner the
rest of his life, or is to be released to
morrow, Moses will never fight the
whites. They, as a people have never
injured him. He still will be a frcend
to them. Moses, -though a prisoner,
enjoys sufficient freedom to show him
that it is not the intention of Father
Wilbur to make him feel himself a
captive. He has offered Moses a
-sirong inducement to remain upon
j reservatloll and ft
is more than
probable that he and his entire peo
ple will shorely be on the reservation.
Already nearly all of Smohallas band
and a number of Moses' indians 'have
come in, and signify their wMmg
ness to remain. Moses filMiolaVout,
m the behei that the government will
grve him the reservation 'he lias asked
for.; but when once lie 'understands
that this is impossible, lie will choose
the only other alternative left him to
secure -his psace, and that is, make
his future home within the borders of
theTeservation. Father Wilbur has
strong 'liopes of bringing about this
result, and the indications are that he
will 'be entirely successful. Moses
will, at all events, be detained at
the roservation imtil the 'question of
his future residence shall be definitely
settled.
THE OTSER SIDE.
Mr. .B. P. Ballard, of Yakima city
gives us an inkling of the opposite
side in an open letter to Father Wil
bur, published in The Dalles Moun
taineer, from which we quotes
In view of Teccnt events 7 desire e
do -you justice ly trying tht your un- hvliTJe one -thousand irnprepared wJates
tiring 7.eal in thecaptnre of Moses and haveT)een sent into eternity as a re
tlieiPerkinsinarderers entitles you to 'suit of the indian policy. Hence is
rrronf. nrMflTf'. nh t.lir Vmnrla rf flin onfira ' .. .n.. J..i ..ln!n? "Wliinli ia n cm
And now we wih to know
f jf Moses is to be again turned loose,
or (which is the same thing) given the
liberty of the reservation, o is he to
be sent to the Indian territory?
If the latter, then we feel that our
indian troubles on the Yakima are at
an end. But if he is either permitted
again to return to his Wenashee home,
or given a residence in your kingdom,
he will quietly and secretly gather
about him the restless spirits and go
upon the war path. I hope we will be
mistaken in our predictions, but we
prophecy this: In less tfian ninety
days Chief Moses will be at large
again, defying the United States gov
ernment. We judge the future by
the past; and so judging, we believe
Moses will get away as did Peter last
summer. Your foolish confidence in
indian promises (a confidence border
ing on monomania), has been, and is,
your greatest fault as an indian agent,
save and except that fault of advo
cating the present Quaker peace policy
as the best means of managing the
aborigines. Perhaps the treachery of
Moses will keep you on your guard, as
we hope it may, and thus work a
change in your treatment of the in
dian as a reliable truth-teller.
And now I desire to ask you if the
murderers of Perkins and wife are not
your own indians? and belong on the
reservation? and if they are not a fair
sample of 70 per cent, of your Indians
You have only seventy-seven (not
four hundred) houses on the reserva
tion owned and occupied by indians.
Of these, sixty-three live in wigwams
just outside of the kouses. Of the im
mense number converted, only nine
teen or twenty one keep up the forms
of worship as taught by you and your
employes, leaving nearly all your in
dians still clothed with breech-clout
and blanket, and still as wild and un
tutored as they were twenty-five
j'ears ago. Hence the immense suc
cess that you claim has no foun
dation in fact. It's a farce, which,
so far as the whites are concerned, too
aften, alas! proves to be a terrible
tragedy. Do you not think it would
be better both for the Indians and
whites to abandon reservations, or, if
kept up, let the army control them?
Or do you still wish the army retained
east of the Bockv Mountains still
claim vou can control the indian?
Were you joking when you loudly
called for troops after Joe Stweir re
turned from White Bluffs?
Father Wilbur, do join with us in
telling the government that the pres
ent policy is a fraud from top to bot
tom & political ring kept up by the
ins in order to keep the outs out and
that the pretensions of the church are
false, as is illnstratod by the following
page of history given me by Bev. J.
A. Flint, who resides on the Yakima
river, in this county, who is thoroughly
reliable, and who consents that I may
use his name in this connection, pro
bono publico?
In 1844-6, General Fremont, on his
return to the states from his explera
tion of this coast, wa3 met by Mr,
Flint on board a steamer from St. Joe,
Mo., to St. Louis. The general had
with him an indian, Peter, who was
raised on Dog river. Just before Mr,
Flint met Fremont the organ of the
Dalles Mission had published a letter
from one of tlhe missionaries at The
Dalles, in whach the writer stated that
one thousand Indians haft there been
converted since the mission had been
established. Mr. Flint asked Pefeer
about this, when Peter, laughing,
named and counted all the converts,
to-wit: Six. Only a mistake of nine
hundred and ninety-? our not so large
as that made by Bro. Beecher.
Query: Are these the means made
use of to induce mission societies to
raise money? J&e these the means
brought to bear npon Uncle Sam that
he may be kept blinded to the real
facts. Now, Father Wilbur, I am
really in earnest, not joking at all. I
do want you to take one step further
in our behalf by honestly telling Mr.
Schurz that the present indian policy
is a fraud, a lie, a ring for political
purposes, a humbug, a snare, a cheat,
a murder of babes and mothers, and a
retarder of the growth of our frontier.
Unfortunately jour word at Wash
ington is more potent than the dele
gation in congress from California,
Oregon, and Washington territory
combined. And if you would speak
in our behalf your name would become
a household word with us all. Yon
know. Father Wilbur, so long as your
indians are not controlled by fear, by
power, they will put the knife to our
throats. They have done so; they
will do so again.
I therefore ask you, in the name of
the sleeping dead of Oregon and
Washington, who have fallen victims
to mistaken policy; in the name of the
living, who dread the coming spring;
in the name of humanity all over the
wide west, help us save our country
from these annual in&ian wars. You
tell us that you are engaged in saving
souls, and that one soul is worth all
the world besides. Woll, is not the
greatest good to the greatest number
the maxim in church, as well as poli
tical economy. You answer, yes.
Now, let us put It in t"his shape: Not
more than three hundred indian souls
'hs&ve&een Riivedliv fhe present -pfllicy,
' and labor among the whites and save
them, .putting the inSians beyond the
.power of sending irnprepared soak
into hell. You said a few days age: "I
wish Mr. Ballard had a better heart."
I wish Father Wilbur would prove
his goodness of heart by coming to the
relief of the whites against Carl.
Schnrz' great big humbug indian
bureau.
I am, Father Wilbur, your humble
servant and fellow-citizen.
D. P. BAM.AKD.
BOBS.
In Astoria, January 18,. 1879, to the
wife of Prof. W. L. Worthmgton, a son.
VSW ADVERTISEMENTS.
FOR
TULAHOOK
The A 1, Xew Schooner
HONORA,
-j
TllORXSEN Master.
Is now loading, and will have quick dis
patch for Tillamook bay direct.
For freight or passage apply to
E. S. LAltSEX, Agent.
Astoria, Oregon.
G. W. Hume's Packet Line.
The A 1 SCHOOXEll
HERA,
MOXSON Master
xsa- Is now loading at San Francisco for
Astoria direct, and will sail on
Saturday, Jax. 25, 1879.
JSTelegniphlc orders for freight prompt
ly attended to by addressing Master, or
31S Front st.. San Francisco, Cal.
EXECUTOKS NOTICE. The County court
of Clatsop countv. Oregon, having ap
pointed the undersigned executor of the last
will and testament of J. S. Chambers, de
ceased, all nersons havlns claims against
said estate are requested to present the same
with the proper vouchers at my ofllce at the
Occident hotel, in Astoria, within six montlis
from this date. C. S. "NVKIGHT.
January 20. 1S7D. 4-otvr
Executor.
31 All. KOTICE.
SEALED FKOFOSALS for carrying tbc
United States mails between the Post
office at Astoria, Clatsop county, Oregon, and
the landing of the 0. S. S. Co., one time a
week each wav, will be received by the Fost
master ifntil January 27, 1S79. Iso contract
is required to be executed ; but peTsons bid
ding must be honest and capable, not less
than sixteen years old, and the accepted bid
der will be expected to -serve at the compen
ration proposed until otherwise ordered by
the Fostmaster General ; he will also be re
quired to take the oath prescribed by law.
No more can be allowed than a fair and rea
sonable compensation for the service, to be
determined by the department. Fostmasters
and assistants cannot draw pay for such
sen-ice. ' Tnos. J. Brady,
Second Assis't Fostmaster General.
War. Chance, P. M., Astoria, Oregon.
I.OST COW.
STRAYED AWAY FKOM Astoria about
one year since, a good milking cow : color,
red with white spots; long and slender
horns ; answers to the nanx? of Rosa. In
formation which will lead to her recovery
will be paid for by F. LEIGHTON,
jl9-2dl!w Astoria.
Flak Commissioners Notice-
NOTICE IS HEREBY GIVEN THAT
the r.ndersigned, having heen duly ap
pointed deputy for Clatsop county, by C.
Lienenwc'ber. Fish Commissioner, under tlrft
laws of the State of Oregon, will be in readi
ness from and after this date, to issue li
censes, at liis office up stairs, corner of Cass
and Sqemocqhe streets. Astoria. Oregon.
II. B. FERGUSON,
Deputy Fish Commissioner.
January, U, 1879.
MAGftUS C. CROSBY.
PKALElt IX
Stovos, Tinware, and
House Furnishing Goods.
Hardware, Brass Goods,
Lead and Iron Pipe, Pipe Fittings,
Engineers Supplies, Sheet Lead, Iron,
Copper, Brass, and Zinc.
$67,000,000 CAPITAL.
LIVERPOOL AND LONDON AND
GLOBE,
NORTH BRITISH AND MERCAN
TILE OF LONDON AND
EDINBURGH.
OLD CONNECTICUT OF HART-
FOKD, AND
COMMERCIAL OF CALIFORNIA
FIRE INSURANCE COMPANIES.
Representing a capital of SG7,O00,O0O.
A. VAN DUSEN. Asent.
JUST RECEIVED.
BOILED CIDEK;
PLUM PUDDING, 1ST CANS;
CODFISH BALLS, IN CATS;
POEK AND BEANS, IN 'CANS;
EASTERN CEANBERSI1SS;
ZANTE CURRANTS;
FKESH CITRON;
ORANGES AND LIMES,
the finest over bought in the market
-CRYSTAL DRlIPS, GALLON CANS;
NEW ORLEANS MOLASSES.
PICKLED HERRING IN KEGS
JUMBLES, ETC., ETC.
MUSCATED RAISINS, 2-fi PACK
AGES, VERY FINE;
PIGS FEET, l-tt AND 2-R TINS-
CDI-SSNS AND tokkeyset
EASTERN AND OREGON HAMS,
best qunlity. Also, a fino assortment o'f
JBRLFnST S0 A OTHER
iuJliAlo, AT
JT. IV. OEAKIIAItTS.
FISHERIES.
1' u .. TO11 tIVE OAEFFIIL
X attention to the FLsIipHp. r M'VXvfJi.'
3Ppffl?S-and nmke t0 ord
XET, SEIXE, TKAP, and POUNDS.
auuauie 10 every species of lisherv
Address :
uwv . i-.iji uuu -LLNES.
AMERICAN XET & TffirlNE CO.
JBoston.
NEW ADVERTISEMENTS.
BANKING AND INSURANCE.
X, W. O&SE,
BROKER, BANKER,
AND
INSURANCE AGENT.
ASTORIA,
OREGON.
Exchange bought and sold on all parts ot
the United States and Europe.
OFFICE HOURS-From 8 o'clock
until 4 o'clock r. m.
A. M.
AGGREGATE CAPITAL
840,000.
ISIPEItlAI, OF I.OXDOX.
XOETJIERX OP I,OXIOA.
QTCEES OF liXYERPOOI
FIRE AND MARINE INSUR
ANCE COMPANIES.
X.
AGEXT.
ASTORIA,
OKEGON.
lie Mitnal Insurance Co.,
OF CALIFORNIA,
J. F. Houghton.. .President
Chas. B. Story. Sccretarr
Hamilton Boyd, j a0 ,- oi-ort
Geo. L, Stoby. f -Agents for Oregon
Office Northeast corner of Stark and His
streets, Portland, Oregon.
Net Cash received for Fire Prem
iums in 1877 .. 335,511 04
Assets, Jan. 1, 1878 578,065 85
Liabilities
Losses vnpaid ,.S3,G3S 37
Dividends " 1,357 W 5,fi!o 3T
Surplus for Property Holders ..$r72,470 47
Losses paid in Oregon in six yearsSl 14,516 72
I. W. C tSK. Asent,
Astoria, Oregon.
I. W. CASE
IMPORTER AND WHOLESALE AND RE
TAIL DEALER IN
(MEAL MERCHANDISE,
Corner Chenamus and Cass street.
ASTORIA
- OREGON.
JUST OPENED
A FULL AND
COMPLETE LINE OF
GOODS, IN EVERY DEPART
MENT OF TRADE SUITABLE TO
THE WANTS OF THE PEO
PLE ALL OF WHICH
"WILL BE SOLD
EOW FOR OjSLSKC
jTurchascrs arc requested to call and
inspect my goods before purchasing else
where, as I am confident of my ability to
please one and all.
I. W. CASE,
Corner Chenamus and Cass Streets,
I ASTORIA, OREGON.
N.
I t