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About The Daily Astorian. (Astoria, Or.) 1876-1883 | View Entire Issue (Nov. 20, 1881)
( CMto glic SaUg Qsl&vlnn ASTORIA. OREGON : SUKDAY. ....NOV.-20, 18S1 J. F. IIAIXOK.IX .Editor. "Expert" Testimony. The history of modem criminal trials show a growing though un deserved regard for the testimony of alleged "experts." Noted trials throughout the country may be cited where the conviction or re lease of the prisoner depended upon the testimony of some one setting up for an "expert" in chemistry, book-keeping, navi gation, medicine, etc. The "ex pert" is enlarging his sphere of operations, and if the list propor tionately increases, by the close of the century there will be very few cases that can be tried without call ing in an "expert." The Guitsau case, now on trial before Judge Cox in Washington, already develops interesting points in relation to this matter. The fact would seem to be that too much importance is given to the opinions of men who, however well informed on special points can not claim immunity from error, or infallibility of opin ion. The New York Nation, com menting on the probable introduc tion of medical "experts" as witnesses in the case of the regi cide, thus sensibly disceurses: "The case is one in which ex pert testimon" will be probably of the least possible value. The testimony of medical experts on the subject of insanity has fallen of late years into great disrepute in courts of justice, partly because it is highly paid, and can therefore generally be produced in any quantity on either side whieh has money at command, and partly from the fact which no one who is at all familiar with medical in. quiries into insanity can have failed to notice though curiously enough, it has attracted little at tention from the courts that the medical and the legal view of in hanity are not only different, but are radically opposed to each other. Iu any criminal case the only thing the law cares to find out is whether the accused is responsible for the act charged against him. If ho is not, punishment would be unjust to him, and could havcTuo deterrent effect upon others bimi lnrty situated. In order to de termine the question of responsi bility there are three common tests applied, which are very simple, and usually easy of applicatien: First, did he know the nature and quality of. his act; second, has he the capacity to distinguish right from wrong; and third, did ke act under delusion as to some matter of fact -which, supposing it to be no delusion, would have justified the act? "Now these are not the teBts necessarily applied "by physicians at all. Their inquiries are di rected to the investigation of the condition of a man's mind, not in ... reference to responsibility for a a particular act, but with reference to his mental state as compared with what thoy regard as a healthy normal conditton. Any departure from this is a symptom of mental disease. This difference would be of less consequence if it were in some way brought clearly into view in court. If medical experts were asked for instance, to testify under oath whether on a given state of facts they were of opinion that the accused was responsible for. the act he is charged with, they could answer intelligently. But for the technical reasons that to do so would be to lot wit nesses invade the province of the jury, this, under our system of law, is .not permitted, and expert witnesses are generally asked whether, on a given state of facts, the man was "sane" or "in sane." Now it admits of very simple demonstration that the an swer to this question may be wholly irrelevant. It not infre quently happens that persons ac tually confined in asylums are brought into court to testify te: matters within their knowledge. mirer. hero arc many. nnnSwiw very They aro of course "insane," and , enthusiastic the ynuus: lady has vet at the sarao time thcv may he j prodigious industry, tr.oro than ordi-' good witnesses, and would be re haiJ talcnt "d grent mbUi?B' T Rfcp " i i r l i .i i sponsible for peri urv should the v . . , ' cunuuu ii. iii uie eume wav a isfttnnf 1t m-llf will m, o i1a ! .i,.j iu ,t.., lUttJ "-y"-"-j in an asylum, for tho capacity of j the testator, like the responsibility j of the criminal, is dependent solely upon the amount of intelligence he possesses with regard to the particular transaction involved in one case the disposition of his property, in the other the crime." "The Actual Difference .,? The Oregonian's recording angel expresses a willingness to offset all debits of dishonesty and ignorance against us on its books by a credit fgr stupidity. "A little more than kin and less than kind." Ignor ance is sometimes preferable to insolence, stupidity is a matter of private opinion, and as for "dishon esty," the best illustration of that is its own cowardly action in dodg ing the main point in the contro versy it seeks to engender. The last diatribe to hand hasn't even the invidious merit of being ridicu lous. By a garbled quotation from Thk Astoeiax of the ISth, it tries to make us appear in a false lin-ht. We "won't have that" either. The "actual difference" is just this: The Oregonian has lost its temper and wants to be abusive without very well knowing lion. As for the hard words that it uses well, that's all right it's characteristic of any drab journalistic or otherwise to be abusive when called to order. Portland Correspondence Portland, Nov. 18. The cupidity and dog-in-the-manger-like attitude of a few property holders who made purchases in that portion of the city lying nortli of Weidler'a saw mill, seriously threatens to deprive this city of at least one railway tertninuR. The Northern Pacific company have surveyed a very easy line from Colum bia City to north Portland, but they have no way of getting to the 0. R. & N. Co's grounds in south. Portland, except through "Front street, tchich of course, cannot be secured for a rail way, tience itiey are anxious 10 nuy grounds for a terminal station on the low, level section directly above the bone-yard, where there ic a good nvor frontage fov half a mile. Owners of property in this neighborhood demand from the company live times its cot and from 100 to 200 per cont. above a reasonable market value. Sir. Yillard is not the tort of a mau who will al low himself to be "sinched," and has ordered surveys to connect the Dalles road. The present intention of tho company is to bridgo the Willamette near St. Johns, and run a line to in tersect with the 0. Pv. &N. road two miles of East Portland. 1 have it from unquestionable authority that the Northern Pacific road will never enter Portland unless terminal grounds can be bought at reasonable rates. Its traffic will come here; so will that of the narrow gauge roads, but how it would have boomed property above Jefferson street if the narrow gaugo had brought its freight and passengers direct to its ovn proposed depot in stead, as now, of transferring them forty miles up the valley to established roads. MUNIUIl'AL DJUD LOCK. None of the papers' here have urer mentioned the dead-lock between Mayor Thompson and the city council with, regard to appointments. V. S. Chapman, city surveyor, was Joo Simon's factotum during the campaign and ia a schemer of no small ability. He ia particularly obnoxious to the Thompson faction, but they can't re move him, because it requires a ma jority vote of the council to confirm tho Mayor's appointments. Chapman, Police Judge Stearns and Street Sup erintendent Braden have pooled issues on keeping themselves in office, and thus far have succeeded. On general principles the council stands fivo to four in support of the Mayor, but one of the five is a relative of Chapman and will not vote to have him, or his friends, Stearns and Braden, removed. Mayor Thompson has made threo sep arate appointments of Street Superin tendent and each was rejected by a vote of five to four; not because the appointees were objectionable or in competent, but because it would break the Chapman ring. It looks very much as if Chapman will be able to prevent new appointments until the next electien of councilman. METBOPOLIXAX "OTE3. Mm Du Boib' concert to-night wa quite a fashionable erent. He'ad - BAJJUJU'-lJJCMlU.WaJtaS leaves uj itic uc.vi nuniuti ui unn. J . . , , , .' nccomnanitvl by her mother, aim will :. ail will ,. ,. . . - .. . .,. groat iyncrtra:n. a club, metluns after the et7lu. . the Union Club at San F rmiewco, i being organized here. Tho member-! ship will lie confined to fiwaiuent professional men ami fei- merchant . who are not entirely abaci: bed in l.nni- ness pursuits. Tin initiation fee and ' dues are large enough t" umintaiu ! rooms in tine style. The kIk1 status will bo high. : Have you noticed ho-v Uov. Thayer, J in his Thanksgiving proclamation, per-1 aists in 'refusing tn nck:iov.-Jed;o the Deitv? EIkkrmvx. XKW TO-DAY. Wrect "EflitB LorDB" at Auction. ON MONDAY, H0V.2UT!0A.NL I am instructed lo ell at my Auction Eoums, for account nl whom u ihh concern, the Furniture and Apparel of the Wrecked Iron ship "Edith Lome." i she now lit-. C!;it-i jnl. olT Kort Stevens. Al-o : Her Carjjo. vhleli eo:iMlMt or , OOO 'tlH. oriValla ffnila Wheat. K. ('. HOLDKX. Aucttftttrei FARM AND TIMBER LAND. Iiat ', of lhb!:trd cluiinou Uie .Mllu-ki tortile. Si lulled fwm iowu l) water or eeuntv mad. Inuulre of CKI.O l i'AKKKR. or at tills olllee. Wanted. Arr.UbON TO MAXAUK A S.ALMON Cannerv in linliih Columbia, hen ices required at once. Application to he made lv letter. inclosUm rcierenccs ami ienns Address ; dtf l ri:Ni:u iskkton & Co.. Victoria. CO CO w w o o IZ o II o h co CO L&J r - i- 5 -J- J c - J 0?-2 MtS 5 W o i. i y 2 c- .S- $ " U. o $ C3 O " tr DC LU C3 CO - 55 a 1 s j. SELECT PARTI uvLN Tin: SOCIAL SOIREE CLUB OF ASTOI'.IA. At Liberty Hall. Thanksgiving E'ng. Thursday, November 24th. INVITATION rOMMlTTrtK. I. I l'aiker. L Z. Firin,s. " 1". l'racl. i'i.oei: eojf.Mirir.K. Ilioina-. II. Cntn. C C. IhciMi.Uun. Frank U 1'arKer, K. Z. Ferginn. Ticket". - - - - $1 5a. New and Choice MILLINERY, I)c-lic3 to cUl the attention of the Iulks of Astoria to the fart that she ha received a large awartuiinil if ! i.ati:st stvs.::m b Hats, Bonnets, Trimmings. AM) Comer Main and Siuemwfjho Streets. GE KMANIA UEEIi HALL AMI BOTTLE REEK DEPOT. OlU.-"AVl'S STEKIir. ASTOatA. The licsf or lAtifcv H Ct$. a (ifas Orders for the l"a BffWflPV UluTful). IBEJjESS. i Left atthis place will be promptly attend- ' oil Tn j SXo cheap Han Trancisco Ceer sold ut j ' wil. BOCK. Proprietor. MISCELLANEA I'r t U. IOE. H? iO "? " H'O-atvSOStS TO k. . 1.AU.-V.N".) WiwHea-jutil it'tnii dentin i in &irQi2&l&& FfUViSlQBSy 8?aekerY Glass and Plated Ware.i TROW'.! AND OMMI'SIU FRUITS AND VEGETABLES.! TiMsether Willi nors, TODaccouiprs r.n m, Pif &a,u Hie largest and iwnt eiUHi ! !tr. f . Koo-ts la their !ie : fi find Im ihe city, j ("uriier i.f Csiwnnd Sieitv-jhr Stn-e ASTuitiA. ii:i.;o.. fi"bTJO 19 fj 'Slail. I lllifiii FLAX THRKAilS Salmon Ket Twine. Cotton Seine Twine, Cork and Lead Lines, Cotton Netting, ail sizes. Seines fslade to Order, Flax and GGtton Twine, Fishing Tackie, etc. BARBOUR BROTHERS ."II SXsrki't Streoi. Xn:i J'r:itieieo HSMRY DOYLE & Co..-Vanaer-. -ASK VOK- ii ti i n m i m n i i d it o rj rr o pnc i UNION INDIA RUBBER CO SI Pure Para i.um adls Ps?f Rubbor Boots and Coats. i:i:VAl:i: OF IMITATION '. lie mho the Hoots are stamped Cli.UilC VUOOF axa heels, and haethe 1'UUL GL'IT SPItlXGS on the foot and Instep, which prevents their cracking orhreakhig. They will last twice as Imjfj as am otheis nianufacttiied. FOK SAI.K I.Y ALL DhAI.KltS. ALL KINDS HL'BlSIii: BC1.TINO. TACK- ix:r. hose, srniNus. ci.oTinxn. DOOTS AND SHOLS. Etc. GOODYEAR RUBBER CO. R. II.VEASC.Jr. S.M. KL'XYON, AscntH.San Francisco. HOLMAN'g PAD. for tim: STOMAOH, LIVER, AND 'KIDNEYS. TRADE 1I.5UC. In all cases or hilliotisness ami malaria in every foi in. a preventative and cure of chills, fever anil dumb amie. Dr. llolnian's r.ul is n iicrfcct success. Ami for dpeps:a. sick headache ami nervous prostration, as the pad is applied over the pit or the stomach, thepreat nervouseentei.it .nmihilates the dNease at once. It reflates the liver ami toin.:ch u -no-eessfully that diRCstion becomes iwrfect. Prof. D. A. Loonils sas : "It N nearer a universal panacea than anything in niedl clne." This is done on the principle of ab sorption, of which Dr. Ilolman hi.1 is the only true exponent. For all kidney troubles, ue Dr. Dolman's Renal or Kidney Vad. the best remedy in the world and recommended l ihe medieal faculty, Bevare of Bogus Pads. liich genuine Ilolman's Pad bears the prl- . . a J I T J I f' r.,,Aii I " v'oyi SSW!bi8juJ:!DRUGS AND CHEMICALS.. ihij none Wliuoui II. For Sale by all Druggists. LnMrSnnaif.t,f?I,rw, "! sent free on application Address : HOLM AN TAD CO 11 Rroadway, New Ynrl 1. O. box 2112. G" A' STIS0N & Cp.,aSfflJSelDAY0 COPY OXE YEAR. n, An,PH,Tu.Mn aTT.nWTWR. i DAILY, ONE COPY FOUR MON i uiMuiomi i nuiti. jAl Ca,,J Ro"crs oItl stand, comer of Cass i and Court Streets. Ship and Cannery work, florseshoelng. Wagons made and repaired. Good work LTiaranteed. ; -MTsrvT.nvvni'? " 3 2Z "KS?1-. & Geo.W.Hu Wholesale and Retail Doaier rG-HOOEEIEB. Provisions, Lumber, KTC ETC. KTC. Fishermen and Cannery SUPPLIES A SVECIAITY. .USKNT FOll THK i San Jose Fruit Packing Company, i AXO THK San Francisco Ohcinicall wq:s3SS. ? ASTOUIA OJtEGOS. 1'or the benefit of thoc Indies that have, been waiting the opening of certain ncw goot OAKI.ADLEH informs us that he will open Friday forenoon the finest assortment of Ataiolicn. Hatunla niorn- inga neat stock of .lapnnese goeds: in the nfternoon ApHquets Work, Patterns for Embroidery, etc.. also a large varic- t ty orgla.-. liead, shell beads, pearl beads I ami heads of allkimK Jlonday, Tues day aii(n'ednesda I will open one of line lincsr. larseianu oesr siocksoi su- V(Jr ware over brought here, every piece . warn,ted and sold at manfaeltirers price. ttespoetfullx. Vt ADLEI5. HOSPITAL, I ASTORIA, OREGON mins iNSTiiniox. under care of X the Sisters of Chanty, is now ready for the reception of patients. Private rooms for the accommodation of anvdesirliifithem. 1'atlents admitted at all hours, day or niBlit. No phjsiclan has exclusive right, uvery patient is free to and has the privilege, of emp!o ing any physician thej prefer. I'nitcd Status Dlnrine Seamen who pa Hosnltal Duca.are enti tled to Free care and attendance at thlsllos pltal during sickness. I'ennits miLst he. oti tr.Ined for United stares Marines at the Cus tom ItOllsl. Sisii-ats or CiiAurry AS-IOR1A. oitEnox pP j i j Toilet and Fancy Articles, PATENT KEDIOINBS, ETC. j -Prescriptions carefully compouudedit I : all hours. TjaZXOStXSfC, GLEANING and REPAIRING: NEAT. CHEAP AND QUICK, BY ;eokuk lovett, j Main Street, opposite N.'Loeb'a, AfenvtV 33T M pi& OfMLzJr?-. jMjsm; Pvie-rr - Si5-L--r---IL.-tj?!-V-C jj ----- - - coicm:k W M.MX ASU Jr flfrgfg jtl-1 JL 35!ii JOB Bj;?; 1-.- il tVBn ". S? I i?jv4'vCVjg";:-',s-- THJH ASTORIAN STEAM PBINTHSTG- HOUSE HAS THK FASTEST AxYJ) HEST rruw&E.i, A2?l TYPE x&- We piuehae Papi'i, Cards, li&.aiiit J2L.t XiOsrest And ran thi-rcfrtie ::llt.:l to rtee. hs e 0!D5"Xa",S' TVg'C-SlTStPTgg Cards. Envelopes, Circulars, THK EVRltY DAY WANTS OF WORKSHOP ARK SUPPLIED AT PK1CES "WHICH CAN NOT BUT GIVE SATISFACTION TO ATL. THE AST OR. I AN, DAILY TS RKS1T.CTED AND COMMENDED VY ALL F0UIT3 Impartiality, Ability, Fairness and Reliability THE PAPER FOR THE FOR THE FAPvMER". for the merchant. I DAILY ASTORIAX (POSTAOR FUEi: TO J3?Saniple copies of either edition io Address : SB-Postmasters are authoilzed to act i:n i: i Tin. Sheet Iron and Copper Ware. i.."r,l iMrtiiunt el HOUSEHOLD GOODS. Asents lor 'ihiace Stoves and Ranges ;r-o The !5e"t in the market. 1'imiibing ooiK of all k'tutls on hand. Job work done m a workmanlike manner .JKFFEIJSOX streets. Tf X G :JO & in m, OF THE LATEST STYLES. other ipfiieilukof the liiauufaeturen Osiisli BLates, :du:j s do. the tet urtieles. while eharlns . Tll je3eiioe;s. Bii! Heads and Letter Heads. TIIK COUNTING ROOM AND THE AD WKEKI.Yi COMMERCIAL MAN, FOP THE MECHANIC, FOR EVERY PERSON TER3IS: 15 Y MAST A LI. .SUBSCUIUUnS.) '. : S9 00 3IONTHS 3 00 rents. J. F. JI AliLOKAX Jt Co. Publisher5!. Astoria, Oregon as asenu for The Astoriax, '