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.