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About The daily morning Astorian. (Astoria, Or.) 1883-1899 | View Entire Issue (March 10, 1893)
THE DAILY A8TOHIAN, ASTOMA, FB1DAT MOBNINQ. HABCil 10, 1893. The Criminal Libel Suit. The circuit court room1 was crowded AFTERNOON SESSION. Cross examination of Sidney Dell re sumed by C. W. Fulton. I wrote the "Excoriation" at the re quest of Mr. Dunbar. It was put In the paper the same evening as I In tended to put in the original commu nication. I got the reference to Berg man from the Examiner. Mr. Berg- to the doors yesterday when the, case man had agreed to support my resolu- of criminal libel against the editor of The Astorlan was called. There were present, In addition to a large number of citizens, several prominent mem bers of the Portland bar, who appeared subsequently as witnesses for the de fense. Prosecuting Attorney Barrett, assisted by Sidney Dell and C. J. Cur . tls, prosecuted on behalf of the state, and the defendant was represented by Fulton Brothers. Mr. Dell began the proceedings by asking for two days' grace. He"-eaid that he noticed In court, several Portland gentlemen who had been subpoenaed by the defense, and that he had been taken off his guard. He set out the plea that he should be allowed time to get wit neses from Portland too. The court allowed the prosecution until this morning to procure wit neses. Mr. Dell then stated that the order for subpoenaes had been Issued after the subpoenaes were served, but was compelled to retract this statement when Mr. Fulton produced the docU' ment, legally signed and dated. The following Jury was then lmpan elled: Ed. Richardson, J. C. Pope, C. Oerk wltz, A. Leberman, Samuel Russell, W. B. Ross, L. N. Shafer, John Boberg, H, C. Harrison, A. V. Allen, H. Spellmler, and Geo. Colmann. Below will be found the evidence ad' duced during the day. Sidney Del lsworn on behalf of the state testified or direct examination by v District Attorney Barrett. I have lived in Astoria since the lat tr part of 1890, saw the piece published In the Astorlan entitled "A Noble Character." Thi assertions made lo that article reflecting on my "profes sional character are false. Cross examined by Q. W. Fulton The charges reflecting on my personal character are false I mean the charg es calling me a liar, falsifier and un worthy of my profession as attorney at law. and a coward. I understood that the article had a double meaning. It referred to that article published -the day before, and also meant that I was a liar generally. I wrote and circulated the circular you speak of throughout parts of the city. The circular appeared the day before Rathom's article. I wrote a portion of that article only. That arti cle was partly written by myself. J "prepared an article entitled as that is, an Interview with me, and submitted It to the editor of the Budget to "be ' published, stating It to be an Interview with me. Mr. Simpson, the editor of the paper wrote the preface to the article. No reporter called upon me. I called on the reporter. I circulated and published the pamphlet. Yes. I consider as a man of honor that I could Issue such a circular stat ing that a reporter had called on me, when no reporter had done so. The original article was prepared by my self as an interview to be published In the Budget. I submitted It to the ed ltor aqd he suggested that I make a few alterations. I am somewhat of a newspaper man myself and have writ ten imprudently, a book. The excoriation was published that day, and the next day the article did pot appear. It Is a usual thing in Journalism to write a thing as a letter and let it ap pear as an Interview. I do not know whether I have the original or not. I think the editor returned it to me. It was to be taken as an Interview. That Is why the charge that I was a liar Is false. I went to the Budget office and the Budget editor added that portion of it In which it is called an interview. They agreed to publish It and afterwards de clined. I don't attempt to state that it was an interview when it was not. I attached the portion of it which makes it purport to be an interview be cause I thought that it was the most important part of the pamphlet, published the circular because it was the original article that was offered by me to., the Budget, accepted and then rejected. No reporter called on me. The state ment that he did so is not accurate; It is not untrue. I think it is true. The reporter was making it his interview when he revamped it It Is true that Mr. Simpson interviewed me when I went to the office and took the inter view and made it his own. I met Mr. Elmore on the day after the Astorian's article appeared. He said he had not seen the articele until it appeared He employed the editor and he could ' discharge him when he saw fit He said he had no control of the paper, that matter was left to- the editor. He might have said he had not any voice In the paper. His idea was that the editor was running the paper at this time. Some discussion arose as to what Mr. Dell said to Mr. Elmore when he met him on the street, what Dr. Kinney said about the editor, and as to why Mr. Dell did not go to the office and see the editor personally. The Judge, at this Juncture, held that the words "a coward" are not libellous, unless perhaps the man referred to is a military man. Mr. Fulton then called the attention of the court to the fact that Dell was a colonel. - Mr. Dell resumed: The circular was printed at Portland. Not in the Budg et office. The circular, entitled "The Reason Why," was then read to vthe jury and introduced in evidence. Court adjonmed till I o'clock. tlon; He agreed with me to do so. Not all the other councllmen agreed to do it I think all but Welch and Lewis, and McGregor, who had partially agreed to do so. I did not see Lewis about it. I saw the rest of the coun cllmen. I drew up the resolution for the council to purchase my books, and Parker was to introduce it. The "Im mortals" article was Inserted In' the book and the title changed after this. I asked Delllnger, who has an office in the Budget office, to publish my book. He would not do so, as Mr. Dunbar objected to It. I don't recall what Se- llg said about publishing it. I said I could get plenty of printers to publish it. Re-directly examined by District At torney Barrett: The matter relating to Mr. Bergman. Bergman urged in the council that Dell wished to sell his books, and for that reason he voted against the ordinance. I got these statements from Curtis and from the Examiner. Bergman afterwards cor rected his statements to me, and if it is the truth as he stated, I owe him an apology for misrepresenting him." I saw Elmore the morning after the first article published. I asked) him to re tract. I thought he was running the paper. I did not then know the editor, the alleged Australian scrapper. He was pointed out to me afterwards. I addressed a note to Elmore, told him the statements were false, and de manded a retraction. I met1 him next morning and told him lie had not re tracted. He Bald he dldiot Intend to because he had not the power. Then the fracas occurred. He said he did not discharge the editor because he suited him, Next morning the editorial for which the editor of The Astorlan was indicted appeared. I stated in that cir cular that in Donan's book It Is stated that Astoria is perched on piles at the foot of the overhanging Cascade moun tains. (Donan's book was here offered in evidence, and the statement re ferred to read to the Jury.) "I had seen all the councllmen ex cept Welch and Lewis, (Dell here at tempted to state what Councilman Par ker said. It was objected to by Ful ton and the objection sustained.) They generally favored the Idea that the city should buy the book and distrib ute it. I was endeavoring to get the book circulated in Portland, to show that the destinies of the two cities were the same. The ordinance was laid on the table by the council. I might possibly have misrepresented Mr. Bergman In the circular. I shall know when he testifies. " Re-cross examination by Mr. Fulton. I don't think these hills along the coast are any part of the foothills of the Cascade range. Subtsantially Donan made the state ment I credited him with. He didn't use the word mountains. It was not a false statement that I made as to Don an's book. He said Astoria was bunt at the foothills of the Cascade range. I could not quote his long statement No man ever does when he can get the Idea down briefly. This completed the case for the state. Defendent's case was opened at 2:50 The first witness called on "behalf of defendent was O. W. Dunbar. Directly examined by C. W. Fulton--! am man ager of the Budget. This Is a copy dated Tuesday December 27th, 1892. It It was circulated in the city at that time. Bentley Klllen I live In Portland Have lived there 25 years. I am a law yer. I know Sidney Dell. Don't re member how long. He used to be practicing law there. Have seen him In the courts. I don't know that I am acquainted with his general reputation as to honor and Integrety in the pro fession. I know his general reputa tion as to his standing as a lawyer. Dell's reputation among the lawyers Is that he Is a quarrelsome, ugly, ill dis posed man, and I have heard him crit icised as to the cases he takes. I guess he had to take what cases he could get hold of. Judge Whaley I live in Portland. I have known Dell since 1872 or 1873. I know his reputation as to his ability as a lawyer, in some respects iair, some not so fair. Have heard remarks of an uncomplimentary character. As to the character of cases he takes, and that he is overbearing to his oppon ents. Have heard that some of his cases were taken on contingent fees, and he to pay the costs. I was a vic tim of that myself. I had to come back from Rome, Italy, to vindicate my character in a case in which I was an attorney, and which Dell had brought up In my absence. The case was dismissed without even an argu ment by myself to the court Cross examination by Sidney Dell refer to the case of Neff. I won a case for Neff myself. I don't think the1 case was disreputable. I took it for a contingent fee. I have taken other cases in the same way, and think them entirely reputable, but I have never paid any costs myself. Fred V. Holman I am an attorney in Portland. Know Mr. Dell, some phases of his reputation. T know to a certain extent what his reputation is as an attorney. He has some good reputation, some bad, in that he la a stirrer up of litigation. Taking doubt ful cases or cases that had not been disturbed for some tlma What is called by common law "champerty". In that respect I consider his reputation bad. Crews examined by Sidney Dell. have have had a contingent fee In the Budd case, but I did not pay the costs. which is a very .different matter. I consider that It In disreputable for ft lawyer to pay the costs, and commit what is called the crime of "chain. perty". The Bupreme court of this state has ruled severely against this practice. I know that you stirred up the Dorshe case, at least I heard so. It may not be true.. I know of the pur chasing of the Carter case, which I be lieve was set aside by the supreme court, in the case of Barker & Wood ard. I don't make it a practice of looking up attorneys' reputations. I don't say that these are all the cases I know of. I think I could find many more If I searched the records. I have not been hostile to you. I have no feel ing against you. L. E. Sellg called: -In December I was reporter on the Budget I remem ber Dell bringing an article to be pub lished in the Budget. One afternoon Simpson, the editor, asked me to take the communication to Dunbar. I knew what It was. It was in Dell's hand writing. It was in the form of an in. tervlew with some one on our paper. It was sent back to Mr. Dell. I re turned It to him and told him Mr. Dun bar did not wish to publish it, Dell lnger sent me to ask Dunbar if it could be published in pamphlet form. I told Dell It could not be published in any form from our office. " I told him to be careful and not have it pub lished as an interview with the Budget. I don't know whether any changes were made In it. It was all In Dell's hand writing and purported to be an Interview. Judge Seneca Smith: I reside In Portland. Am a lawyer. Have been circuit judge in Portland. Have known Dell since about 1875. I suppose I know his reputation as a lawyer. Don't care to say categorically what It Is. I have heard him discussed by the lawyers quite a good deal, criticised adversely a good deal. In reference to his conduct in cases, and somewhat as to the character of his practice. There are some lawyers whose practice Is regarded as below the average. The general impression is that he takes cases that are not usually wanted by other lawyers. A little off color, so to speak. Cross examined by Sidney Dell: There was talk of a difficulty between yourself and the supreme court. I stated last night In talking of this matter that I once said you were a I liar and you said the same of me, but I don't know who made the statement first. I don't know of any attorneys who have a personal feeling against you as to the Neff case. I have heard you talked about for bringing up the Cofflln claim In the Carter case. I did not bring any Interest In the Judg ment I bought under a sale by the court. I have some of the property which I bought pretty cheap. DeLash mutt bought some of the property. He bought it at about what it was' worth at the time. There was some criti cism about you regarding something that occurred before that. I would not like to say that you are not a pretty good man. I never heard you called a common liar, although I have heard something of that character expressed in slightly different terms. Thomas Connell: I live In Portland. Am in the Insurance business. I hard ly know what Dell's '.reputation Is among the lawyers. I have heard It discussed among a number of citizens. It 1b not very good. I should consider his reputation as not good. I was not a witness in the Neff case at all. Judge F. J. Taylor: I have known Sidney Dell ten or twelve years. I have heard hla . reputation discussed among the members of the bar in my circuit. It is not very good In some re spects. I have heard that he is in the habit of hunting up old cases and that he tries his cases In the newspapers in stead of the courts. That is not con sidered good professional conduct. I considered his conduct when I was on the bench - improper and insulting to those opposed to him. I have received several communications after; argu ments were closed, citing cases, etc, I don't know that they were Intended to lnfluenca me. Cross examined by Sidney Dell: It was so common to receive notes from you, and to find them on my desk, that I could not specify any particular case. Judge Milton Elliott sworn: I have been an attorney Am not practicing now. Have known Dell a good many years. I have art ' Impression from what I have heard as to what his repu tation Is, I would say that it Is a reputation not very enviable as an at torney. In cross examination: I am not pre judiced against you in my own case because I know you have no more show of gaining It than you have of getting to heaven. I have heard a great num ber of attorneys speak about you in the way I suggest Judge Taylor, C. W. Fulton, and Clyde, both of them; Mr. Thomson, Mr. Curtis, and many others. If I- have any prejudices against you I remember that I am on my oath and would not tell a lie about your character. I am getting too old to have prejudices now against you or anybody else E. C. Lewis: I know Sidney Dell, His general reputation is unenviable. I think it Is bad Isaac Bergman: I did not promise to vote for the purchase of Dell's book. WAJiTEn. tirANTHD. A BOY AHOUTlft YEAR8 OLD, TI Apply AaTouuK ollloo. BOOMS TO JMXT. Q KOOMH HUITAHI.K FOB HOUSHKEKP- O I UK, lununhed or uiiriiriil'hed. Also fur nisnctl rooms lor loilgf ra. Mo. 216 W. Ota st. rWRNlSHI).OR I'NKURNIBIIKD ROOM 8 X lor nut. menxamly Iocium near business. tan i cio. km west gliiu sireeL TTOTKLTIGHK, FURNICHEU ROOMS IN ax suueor mriKinat susweeK ana upwards, iuuiu uy iuo uay wet k or uioiuii. Q DNFUKNI8HED KOOMS, INQUIRE AT tulu office. TTOUR ROOMS NEWLY papered. CP. r stairs iii house, No, iw Waso. Street- Apply ai utilise or I UfcLi. BncuMAP. XTICELY FUltJilSHFD ROOMS RY DAY ll week or month terms very reasonable at uieunei, 71s imru nireet. T)OOM FOR OFFICES OR LIGHT II 0118 B XL krenluif. Call on F. II. WILLS at the Oocl- ueiu oar. . ROOM H0tJ8B WITH BATH. FURNITURE for sale clieaD. Three rooms suiilet which nearly pa; rent, inquire 2U0 Third Street. nOOMB FOR LIGHT HOUSEKEEPING Ij (i round flour, auod location, lnmilra tt tUI9 M18CELLAMSO US. nALL ON P. BAKER. 478 THIRD STREET j and nave your clothes dyed and cleaned. REOPENED THE STAR CHOP AND OOF fee Hons". Kverv tlilnir sorved In first. ciass styie. o.n iinru street. MCLEAN, CORKER OLNEY AND A1- V I tor streets, noes a ireiiei-.il buslm-sii in black. smithing and repairing". TTECO0K'8 HECOND HAND STORK 615, XX inird street, buys and sells new and see-oud-hand furniture. Highest cash price paid. VOUNO LEWIS, AGENTS AND DEALERS X in real estate and uregou Fine Lands, 616 dccouu sirect City lots and acreage, Tongue Point property, ciavei property, au on easy terms. 10-acre fruit and chicken tracts close to town, cuenp. Best thing on the market CARNAHAN & CO Successors to I. W. Case, Importer and Wholesale and Retail dealer In GENERAL MERCHANDISE Cor. Second and Cast Street, ASTORIA, OREGON CAMPBELL BROS. (Successors tn Warren A Campbell), WARRKNTON, OREGON, Dealers in , DIIT G-OOX0, GENT8' FURNI8HING GOODS, Hats, Caps, Boots, Shoes - staple GROCERIES. rANcif Hard irare, Iron and Steel, Crockery, Glassware Woodenware, Notions, etc.. Hay, Gmin, Flour and Feed. BOTTOi "Small Profit oa Cask Sales." - HOSS, HIOCINS A CO., Butchers - and - Grocers, Astoria and Upper Astoria. . Fine Teas and Coffers, Table Delicacies, Domestic and Tropical Fruits, Vegeta bles, sugar cured hams, bacon, etc. CHOICE FRESH & SALT MEATS HUNTER & MERGENS, Proprietors of the Portland Butchering Co.'s Markets Corner Second and Benton streets. " Corner Third and West KIkUUi streets. Merchant Steamship Co.'s Line, Connection with , v Caaadlaa Pad no Railway and China Steam ship Lisa, Taklnc freight and nassenirers fur Port Ann- lea. Victoria, Port Townsend, Seattle, Tacunin, Whatcom, Falrhaven, Nanalmo, New Westmin ster and Vancouver i Leaving Astoria i 8. 8. Hnytlan Kepubllo 8. H. Wilmington.::. S. B. Hnytlan Republic f reight received hi uuxtier wnarr, root oi Main street. For further particular uuulv at the office, earner Third and Main, street. FERGUSON BROS., Agents. Tie Moi of Coiig Early is Apparent The Truth and Nothing But the Truth. You will find it so if you call this week. Bom people will ret bitf bargains we mean the early callers. Wby not L one of them, and then you'll not say "Just as I expected 1 Ain't got my size. I never got a bargain yetr Jf you do It is not our fault. By attending this r : --. Great Bankru t Sale of N. T Dinsmore. You trill get just what you want. Ladies kid gloves worth 50, 75 and 81.00, must go at 40c. Ladies' black Frenoh sateen skirts worth 81-50, mast go at 70c, Ladies' black lisle thread hose worth 85a, mnst go at 15o. All silk ribbon from No. 5 to 10, must go at 10a All of our colored snrnhs and India silks, mast go at 60o. Ladies' all silk black mits worth 60o, must go st 10c. -Ladies' best quality rubbers, worth 4Q oents, mast go at 25c. Ladies' best quality storm rubbers, worth 75c, mast go at 853. Soma take advice and never give it ; others give advice and never take It. Ynn can get all you want of it for nothing, and what you get for nothing you are not ant . l L' 1 1.. mi ill J i 1 1 . . w eewwn very whuiv. xuivw iuib aaviue uwajr it tuai is lue way you leel about it. but don't reject a good thing when it comes your war. We are mHW th hnV rapt stock of N. T. Diusmora at a saorifioe, and onr loos is your gain. If we give you a chance to name your own figures we don't think von would quote lower prices than those w are ofiering now on the bankrupt stock of , 1ST. T. DIN8M0BE. TO TBEj PTJPILS . Astoria Public Schools YOUNG LADIES AND GENTLEMEN : The Astorian takes pleasure in calling your attention o the fact that it will pubjish regularly every Saturday morning FOUR QUESTIONS About interesting subjects. ,Ve want you to answer thorn. The best eeries of answers received by the Friday morning ollowmg each announcement, will be awarded A HANDSOME PRIZE. These prizes are beau ti fill and instructive books Not Cheap or Poorly Bound literature, but the best and most valuable obtainable. The winning answers will be published. You have Flo Couoons to Cut, No Papers to Buy. Don't use your encyclopaedia.. Just sit down and think over the questions, give. the brightest answers you can, send them in, and we will do the rest, A PRIZE EVERY WEEK. Ad dress all communications to "The Editor," Astorian. ELECTRIC LIGHTS Continued on Fourth Page. a Qn Meter System. To Consumers: The West Shore Mills Co.. at great ex pense have perfected their electric light plant to the latest known apparatus, and are now able to go to the public with s system that will be satisfactory in price and quality, ss can be shown. by the fol lowing rates on and after March 1, 1W3: Incandescent, all niijht. . . . $1.50 , " . 12 o'clock... 1.00 " 10 " ... 75 Or by meter, 1 cent per boar. Installation Free - of Charge For particulars inqnire of any member of the firm or at the office, foot of Con comly Bt. West SnoRS Mimjs Co., T. O. Trnllinger, President. .ySisiFowdeK The only Pure Cream of Tartpj- P'.w'.er. Ammonia; Ko Alum. Used ia-M;l!:css of Homei- t-j .Years the Standard As the Flax Grows, So the Twine Lasts You can't go wrong if you buy MASEALL' Twine. The 1893 make is now being delivered to customers. It is made of the flax . crop of 1890. WHY? Because the 1891 and 1892 crops have been inferior. Marshall never uses in- ferior flax. That is why his twine ''' ' IS THE BEST ! . Sole Agents for Astoria, ELMORE, SANBORN & GO.