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About The daily morning Astorian. (Astoria, Or.) 1883-1899 | View Entire Issue (March 11, 1893)
TELE DAILY ASTOBIAN, A8TOBIA, SATURDAY MOBNIHU, JJAUCU 11, 1893. The Criminal Libel Suit. The case of the defense was contin ued yesterday morning by the recall lng of E. C. Lewis: who testified as follows when asked as to the charge in Dell's circular that he owned no property in the city. "The statement Is not true. My city taxes last year alone were $24.90, and the real estate was In my name. I owned four lots In Taylor's Astoria, six lots In Adair's and two lota in Adair's South Addition. The defendant here rested his case. The case for the prosecution was continued by examining the following witnesses: ' A. F. Sears: I reside in Portland. Am a lawyer. Known Dell nearly 14 years. Know his character as a law yer. It is high. His character for con scientiousness is good. His general reputation for truth and veracity is excellent. Hostility in Portland to him arises from the Neft case. .. Cross examined:' His character is is high among the lawyers. There is some hostility. Never heard that he has a reputation for digging up old claims. Never heard any charge of unprofessional conduct. M. C. George: Reside in Portland. I have known Dell, since 1876. Am a lawyer, know his character for truth and veracity. It is good. His charac ter as a lawyer has always appeared to be good. His reputation as a lawyer is good. Know a hostility to him as a lawyer exists. My Impression is that it grows out of the Neft case. Cross examined: I have heard of hostility to him by the supreme court. Heard there was some trouble. Don't remember whether the supreme court was commencing proceedings to disbar him or not. Judges Prim, Kelly and Boise were on the bench. Heard some discussion about him. Don't know whether it was from leading and prom inent attorneys. Should consider Judge Whalley, Killen and Seneca Smith leading lawyers. J. V. Beach: Am an attorney in Portland. Known Sidney Dell about 13 years. His reputation as a member of the bar is good. His reputation for truth and veracity is good. Cross examined: Didn't say I ever heard his honor, and integrity ques tioned. I have heard members of the tar say he was quarrelsome and stub born. Consider Smith, Whalley, Stott and Deady stand high in their profes -sion. Have heard them speak of him. Not in the highest terms, but not a ralnst his character as a lawyer par ticularly. Heard Judge Thayer speak of him, also Judge Deady and Judge Stott. I think the bench always thought it was an unwarranted attack that Dell made on the bench. I think most of the lawyers thought it was an unwarranted attack. H. B. Nichols: Reside In Portland. Am an attorney. Known Dell 15 years. Think his reputotlon as a lawyer and as for truth and veracity is good. Cross examined: Have heard his rep utation discussed. A lawyer must tramp on peoples' toes sometimes. Have heard attorneys discussing his reputation and character. Have heard that he has hunted up old claims and titles and have heard it disputed. Ira Jones: Am an attorney in Port land. Known Sidney Dell '9 years. His reputation as a lawyer is good. Cross examined: I. don't know that I am known as "Sure Shot Jones." Am not particularly a chum of Dell's any more than Thayer or Deady. Am not a chum of Thayer, Deady of any other Judge. I don't have many chums. I didn't say his character was excellent. I said good. I will make it excellent. I have not been Intimate with him. Am Intimate with no man. George Noland testified: I a.m a law yer at Astoria. Known Dell 6 years. His reputation as a lawyer is fair. His reputation as for truth and veracity, good. Cross examined: Have heard his character discussed a great deal. He has strong enemies and some friends. He stands up for his opinions strongly. Have heard some people say he had a habit of digging into and looking up old titles and litigation. He tried to get me to go into a case that I didn't want to go into. I didn't care to go into it. I am not much of a hand at taking up old titles. I don't know that it is particularly disreputable. I don't like old, musty claims, where- the wit nesses are dead and gone. Don't wish to Impute anything to others. They have a right to bo as they please. Re directly examined by Dell: If the case were lust, and brought to me without solicitation and I thougt the case were Just, I think t might take it, hut I shoutd please myself. (Mr. Dell was here precluded by the court from cross examining his own witnesses.) J. O. A. Bowlby: Have known Dell tupH Rlnre he has been here. Never heard his reputation for truth and ver acity questioned till this controversy over the pamphlet. Cross examined: Know his reputa tlon as a member of the bar. There Is nmo rrltlHsm as to his honor. His reDutatlon Is: well. It is not very sa vouryHe is considered by the bar as unpleasant and disagreeable generally. Never I heard his lntegrety questioned There is a great deal of criticism as to his dletrtnc up old stale claims and tit les. Could not state any particular CAA0L Re-dlrectly examined: The bar con sider that technical and old cases have been brought up by Dell. They com nlaln about that. Perhaps the case against Flavel has been the most lm- tinnoDular. John Hobson: Lived in Astarla 50 years. Known Dell about 15 years His rMitnMnn for truth and veracity I should consider good. t Croat examined: Have never hoard It questioned"- "' A. Montgomery: Lived In Astoria since 1S52.' Known Dell tor 10 years. Don't know that I ever heard his reputation for truth and veracity questioned. Don't know him person ally. Only by sight. - ; Father L. Dieleman: I have lived In Astoria for 13 years. Known Dell 12 or 13 !yea,rs. ' Dell's reputation for truth and veracity is good. W. B. Adair: Lived in Astoria since 1870. Known Dell about 12 years. His reputation for truth and veracity is good. Cross examined: Have heard his rep utation in other respects questioned. W. Hampton Smith: -Lived in As toria about 4 years. Known Sidney Dell since he came to Astoria. Con sider his reputation for truth and ve racity good. Cross examined: Never heard it dis cussed. It is some other phase of his character that is usually discussed In public O. W. Dunbar recalled: Defendant had been in Astoria only a Bhort time before he wrote the editorial. I would not say how long, my impression was only a few days. Don't know where he came from. Sidney Dell recalled: (His book handed to him and he read the title.) That was the book offered the council and the other one is as revised after wards. Counsel objected to the reading of the books to the Jury. -The court allowed them to be read by title. It Is a settled principle of my practice, to hunt up no title unless I am employed. About making it a habit of hunting up titles to stir up strife, don't recall an instance in- my career where I have looked up a title without I was em ployed. There Is one case I did look up titles, that is where I acquired Judg ment of my own. I consider it my sworn duty never to reject the cause of the oppressed and those not able to pay for their own cases. Never heard of the Raymond-FIavel case until about a month before I commenced the proceedings. (He then went on to ex plain to the Jury his legal points in the case and was stopped several times when attempting to make a speech). I advanced the costs because I thought it by duty when he had been deserted by somebody else. There is another case involving the Shively water front. Shivclygave me $1000 to investigate the case. In the Neff case it was similar to the Raymond case. I found It nec essary to put up the costs for the old people to help them out. The Judges Prim and Kelly, who I classed as an organized ring, I had criticised them on the bench. They had one of their friends bring up an indictment to dis bar me. The proceedings were dis missed in my favor. I have had a good many cases that I have won and some that I have lost, also some that I have been paid good fees for. I still con sider that I was right in all the cases I brought. ' Cross examined: The Neft case, the Flavel case and the Shively case were all decided against me by the supreme Court of Oregon. I found it necessary- to put up money to help in the cases of Neft and in Raymond's case. Don't re member whether the place of Flavel's was bonded before I brought the suit. I think it was after. Oh yes, I remem ber I served Burke and Dwyer with a notice that Raymond claimed that land I also served notice on Strong when he arrived, Don't think I served any any other notices. When they came to pay for the land. I recorded a deed after that. I had the deed from W. W. Raymond to George N. Raymond in my possession, but not on file when I served the notice. I also had a suit pending at that time. I told Cap tain Flavel that I was employed to ex amine the title of Mrs. Sophie Daggett to her property. I told him I had dis covered a defect and as a friend of his I suggested a course by which he could settle the matter I urged him to make a loan to Mrs. Daggett, as she was a poor struggling woman. I did not threaten him. Don't recall being employed by Judge Page to look up titles. Donft 'remembtir any specific case. I did not hunt up the records and tell the Adair's that their title was defective. I told them they had better see If they had not sold some of their property they did not Intend to. I think the principal issue in the elec tion for the supreme court in 1880 wherein Judges ;Prlm and Kelly were defeated was Sidney Dell's letters to the paper. I stated there was a ring and intimated that Governor Thayer received particular favors before the supreme court. ' I did not state any charge of corruption. I think the charges I made were "very improper conduct." To say that Judges grant fovors to their private friends in court Is not in my mind an accusation of corruption. John R. Rathom recalled: Heard Dunbar's statement that I had only been here a few days before I wrote the article in question. I had been in Astoria six weeks. Had been Just pre viously connected with the Oregonian for several months before coming down here." Had heard Dell's reputation spoken of in Portland by Judge Deady Judge Bellinger, Governor Thayer and several others. " This closed the evidence in the case at 11:30. Prosecuting Attorney com menced to speak. - The district attorney presented the case to the Jury in a fair and impar tial manner, reviewing the evidence clearly and showing the merits of the testimony on both sides. When he con cluded Mr. O. C. Fulton, on behalf of the defense, rose and said: Mr. Fulton started out by calling the attention of the jury to the fact that though the prosecuting attorney had attempted to prove that the grand jury had indicted the defendant, Sidney Dell himself was at the bottom of the whole proceeding. The speaker then went on to expose the character of the alleged Interview and stated that Dell had cinjy brought the case to make at other link In his chain of nqtorlety. He especially dteslred the Jury to bear In mind that though Dell had the al leged written interview in his posses sion at the present time, he dared not produce it or call Simpson, who he de clared on oath had altered it. Dell, with the gall and effrontery of which he had given every evidence during the progress of the trial, had attempted to make out by a published pamphlet that the men, women and children were crying aloud tcr his magnificent book, when, In reality, his supreme im pertinence imagined all this, and prompted him to print what he knew to be a He. Mr. Fulton continued, "There is another phase of this ques tion which I don't feel at liberty to say much about. I mean in regard to Dell's honor and integrity as an at torney. - Now it struck me as a most peculiar thing that a man whose, rep utation Is characterized by Bure Shot Jones as excellent, can only produce among all the lawyers of this city, where he has lived for four years, one man in the profession, who says with diffidence that he thinks Dell's reputa tion is 'fair. . Mr. Noland, this covers Friend Dell with a mantle of charity. Doesn't it strike you, gentlemen of the Jury, that It is a peculiar thing for a man so pure and honest to have to go 110 miles away from his own city to get a single witness to testify to his reputation? Such an elegant reputa tion, that he has to Import stock to swear to." Mr Fulton then went on at length and took up every phase of the case of the prosecution, putting 'orth the evi dence that had been presented, very forcibly and clearly. -' Mr. C. W. Fulton followed, in one of the best and most powerful forensic efforts ever heard at the bar 'of the state. He spoke for over an hour, and held the crowded court room absolute ly silent during the whole time. Owing to want of space The Astorlan Is com pelled to eliminate much of what he said. He spoke substantially as fol lows: "Gentlemen of the Jury: I ask your Indulgence while I review the testi mony in this case. When I started out in my opening address I told you that we would prove our case, and we have done so, fully and completely. Now,' tho law contemplates that' times arise when it is proper for fciubllci Journal to hold up the character of any indi vidual to the gaze of the community. I ask you in all slncerety whether there ever was a case where that right was more ably or properly taken ad vantage of than when the defendant undertook to characterize the actions and character of this man Dell. I will call attention to the fact that The As torlan was not the first paper to take up this matter, and that Mr. Rathome has never spoken to or communicated with Mr. Dell In his life. What malice could he have had against Dell? He couldn't have had any personal spite for he didn't know the man. What reason had he then? He was actuated by an honest sense of public duty. Dell wrote a pamphlet. In this docu ment, which he sends broadcast throughout the city, he attacks the character and impugns the motives of men who are public servants, whose integrity and honor are absulutely un impeachable, and who are our fore most citizens, and it Is on these men that this vile traducer pours out his filthy stream of abuse, and who he characterizes as pusillanimous curs and scrubs. Dell demanded that these men buy his book with public money. They refused, and at once he proceeds to do as he has done all his life long when his will has been thwarted vilify and attempt to ridicule the men who are responsible to the publlo for the stand they take. But what does Dell care for that? When anybody crosses his path he has but one rule cut him out of the way and throw mud at him. This pamphlet business is only a sample of the whole framework of Dell's life. You heard him admit to me that because the supreme court of this state had decided against him in cases, he went into the public Journals of Portland and brutally abused the members of the bench, accused them of being portion of a. ring and showing favoritism to certain sections of the bar.- His own witnesses testify here today that many Portland attorneys feel bitter against Dell on this account. Why should they not? Does it not prove him a coward that Is everything low and despicable? Who hut a man actuated by the basest motives would be guilty of an act like this. It stamps him with the seal of condemnation and the " brand of Infamy. The editor of The' Astorlan says he Is a liar. Isn't he? The Astorlan says he Is a dis grace to his profession. Isn't he? Out of his own mouth in this court room he has been guilty of detestable false hoods. He lied about Mr. Bergman, and had to apologise in open court to him for it most humbly and abjectly. He says that Mr. Lewis owns no .city property, and Mr. Lewis steps Into the box here and gives him the He di rect by proving that he has a large quantity of city property. When I tried to get ah honest answer out of him about that interview, did you no Continued on Fourth Paga, flil IP IIP . . Tbe baly rure Cream of Tartar t'.wlii . No Ainrcouia; No Alum. Used in Millions of Hor .o Years tHo Standard WASTED. A GOODOIHLTO ItO HOQSKW'QHK, AP- ply at til 7 Mam Street; HTANTKJD A BOY ABOUT la VKABa OLD. 1 Apply Aitouam office. JtOOMS TO BEXT. O KOOM8 RIUI ABLE FOR HOU8HRBKP O Inir, fiirninned nr unfurnMied. Alse fur uisUed rooms (or lodgers. No. 215 W. Mill at. IriURNItiHHD OR CNKURNISIIKD- ROOM8 ' for rout. nletMRiitly located ne.ii business, tall at No. 209 West K glilll Bireet. HOTEL TltillK, H'KNISUKI) ROOMS IN MiiiU or winkle at 12 A weeK and upwards, ruoin by the day week ur muiilh. 2 0NFURM8UKD KOOM3. I.VQUIHB AT this office. I710UR KO0M3 NEWLY PAPERED, UP 1 stnlrs la lioue, No. 189 Wnsli. Street. Apply at house or r'KhU. HUKKM AN, . NICELY FURNISHED R'lOMS BY DAY, week ormoiifu tortus very reasonable ttt the Oriel, 716 Third Street. ROOM FOR OFFICER OR LIGHT HOU8E keeping. Call on F. 11, WILLS at the Occi dent bar. I for title cheap. Three rooms sulilet wblcb nearly pay reut. inquire 2UU J MM mreei, ROOMS FOR LIGHT HOUSEKEEPING. Ground floor, K)d locution. iLqulte at tbii nflloo. MISCELLANEOUS. c ALL ON P. BAKER. 478 THIRD STREET and bave your clothes dyed and cleaned. Gfo. Mclean, corner olneyand as tor streets, does general business lu black sinlthlng and repairing-. HENOCH'S KECOND BAND STORE CIS. Third Street, buys and sells new and Kee-ond-haiid furniture. UlKbest cash price paid. YOUNG LEWIS, AGENTS AND DEALERS in real estate aud Oregon Flue Lands, 616 Second street. City lots and acreaRe, Tongue rolut property. Flavel property, all ou eaty terms. 10-acre fruit and cblcken tracts close to town, cheap. Best thing on the market. For Sale. The Colnmhla Blver Fishermen's Protective Union' scow . homier Pathfinder Is lorsa'e. Barren, loo tons n irlster. with steam engine. ("Mundy's") size, SJxlO, double cylinders and derrick. Price, 3,ouu. Apply at the (Jnlop olDce. By order SOFUS JENSEN, Secretary, Astoria, T 'regou, March 9. 1893, CARNAHAN & CO Successors to I. W. Case, Importer and Wholesale and KaUll dealer In GENERAL MERCHANDISE Cor. 8econd an4 Cass Street, ASTORIA, OREGON CAMPBELL BROS. (Successors to Warren A Campbell), WAKRENTON, OREGON, Dealers lu 3DH.TT GOODS, GENTS' FURNISHING GOODS, Hats, Caps, Boots, Shoes staple GROCERIES ,akct Hardware, Iron nnd Steel, Crockery, Glasswarf Woodenware, Notions, etc., Hay, 1 Grnlu, Flour and Feed. MOTTO 1 "8mll Profits 0 Csih Salsa." ROSS, HIC2INS A CO., Butchers - and - Grocers Astoria and Upper Astoria. Flue Teas nnd CoftVes, Table Dpllcaoliw, Domestic and Tropical Fruits, Vegeta bles, sugar curod bams, bacon, etc. CHOICE FRESH & SALT MEATS . HUNTER & MERGENS, Proprietors of the Portland Butchering Co.'s Markats Corner Second and Benton streets. Corner Third and ft est KiKUlb streets. . Merchant Steamship Co.'s , . Line, Connecting with Catadlaa Faclflo Railway ana Chins Stum- Ship Line, " " " ' Taking freight and pasnengor for Fort Ange- les. victoria, rri lownsenn, seHiue, xacomn, Whatcom, Kalrbaven, Nanalmo, New Weetmlu rteranil Vancouver; Leaving Astoria I - 4. 8. Hnytian Kepubllo . H. Wilmington 9. H. Hnytian Itbbublic Frelnlit received at llutler wharf, foot of Malnstieot. l'or further particulars auply at the office, earner Third aud Alain street. FERGUSON B1103., Atenls. On Meter System. To Consumers: - Tbe West Shore Mills Co., ft ureat n penso bave perfected their electric litfht plant to tlie Intent known apparatus, and are now able to go to the public with a syetem that will be satisfactory in price and quality, as can be shown by the fol lowing rates on and after March 1, 1S93 : Incandescent, all niKbt. .. . $1X0 " 12 o'clock... 1.00 10 " ... 75 Or by meter, 1 cent per bonr. Installation Froo of Charge For particnlars inquire of any member of the firm or at tbe oflice. foot ot Con cern ly St. West Hnoua Mima Co., T. O. Tmllinger, President. ska yi Powder ELECTRIC LIGflTS t'.n The ;I7isflom : oftGoaiiifi: Eariy Is Ipp areit The Truth and Nothing Cut tho Truth. :' Yon will Hud 1t so if you cull this weok. 6ouie people will set big bargains wo meat) the earlv callers. Why uot bo aslexrectedl Alu'tgotmy oar fault. By attending una Great Bankrupt Sale of N. T Dinsmore. You will got just Ladies fcid glovos wortb 50, 73 and 81.00, must go t 40c. ' Ladies' blnck French eateen Bkirta worth 91.50, must go at 70c. Lndios' black lisle thread hose worth 85o, umst go at 15o. All ailk ribbon from No. 5 lo 16, most go at 10a All of our colored snrahs and India silks, must go at 60o. Ludiea' all silk black Wits worth 500, must go at 100. Ladies' bcBt quality rubbers, worth 40 cents, roust go at 25c. Ladies'- best quality storm rubbers, worth 75o, must go at 83c. - ' Sorao take advioe and neror give it j others giv advice and never take it. You can get all you want of it for nothing, and what you get for nothing you aro not apt to esteem very highly. Throw this advice away if that is the way you feel about it, but don't reject a good .hing when it comes your way. We are selling the bank rupt stock of N. T. Dinsmore at a sacrifice, ana our loss is your gain. It we give you a chance to name your own figures we don't think vou would quote lower prices than those we are oflering now on the bankrupt Btook of N. T. dustsmobe. TO TBJU Astoria Public Schools YOUNG LADIES AKD CCNTLt lVlCN : Tho Astorian takes pleasure in calling your attention to the fact that it will publish regularly every Saturday mori'ing FOUR QUESTIONS A,bout interesting subjects. We want you to answer them. The best Eories of answers received by tho Friday morning following each announcement, will'be awarded A HAnDSOLY3 PRIZE; These prizes are beautiful and instructive books Not Cheap or Poorly Boun,d literatmo, but the best and most valuable obtainable. The winning answers will be published. You have FJo Couoons to Cut, Flo 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. Address all communications to "The Editor," Astorian. As the Flax MARSHALL'S . Twine; The 1893 make is to customers. It crop of 1890. Because the 1891 and 1892 crops have - ' been inferior. Marshall never uses in ferior flax. That is why his twine IS THE BEST Ij Solo Agents for Astoria, ELMORE, SAPOBtli&CO; one of thoui, ami then you'll not ssy "Just y sue. i never goi uargaiu yet: ' ir you Uo it u not whet you want. PUPILS OF THK Grow So thei Twine lasts You can't go wrong if you buy - now being-dcliverod is made of the flax J3 !