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About Eugene daily guard. (Eugene, Or.) 1904-1924 | View Entire Issue (Nov. 19, 1908)
DAILV GCAfll). THURSDAY. NOVEMBER 10, 1008 THE El'CiKN'B THE EUGENE DAILY GUARD GUARD I'RINTIXG CO.. 1X0. Cliullcs H. Fisher Published every day of the week, Sunday's excepted. Address all com munications and make all remittances payable to The Eugene uuaru, Sugena, Oregon. ' Hii li,.vl n, l,tn K fj'H Dallr Delivered by carrier, per week f -J J Delivered by carrier, one month By mall one year (In advance) One month Single copies Weekly Guard, per year Advertising rates made known on application. 50 4.00 .50 .05 1.50 Agtwts far Tbe Guard The following tx authorised t take and receipt fr ukerlpt!os or transaot any other baslaass fr The Dally an Weekly oar: , CreBwell J. I Clark. Coburg George A. Brury. AJ1 postmasters are authorized to receive and reeelst fer subscrip tions to the Dally and Weekly Guard. MKMIIKR OP ASSOCIATED PRESS Entered at Eugene, Oregon, postofflce an second-class matter THURSDAY, NOVEMBER 19, 1908 By a secret, alchemy patriotism touches the moBt com monplace of life, and transforms It Into lofty heroism. It hurls men forth, forgetful of themselves, to hazard Itself at fearful odds. It norves men up to do, to dare, to die, to turn, and with eyes that are dimming to earth forever, breathe forth their last breath In a cheer for the flag they have fol lowed. Dr. Thomas E. Green. - 4 4 it would not be ffnay make a noise like cruelty to the helpless, new in politics. And Governor Hughes is also an economical man. It ofty cost him $369.65 to be elected governor of the great state of New York. As a bargain that's miles ahead of the record, we're thinking. - JURY SAYS TABOR IS NOT GUILTY Continued From Page One.) Is to say, a person may sarely act In good faith on appearances. His guilt must depend upon the circumstances as they appeared to him at the time. But the apprehension must . be on good ground, sufficiently to reason ably satisfy the mind from appear ances that death or great bodily the defendant believed that he waB i barm was about to be inf lloted upon In imminent danger of death or great; him. If under all the circumstances bodily harm at the hands of de-lthe defendant bad reasonable ceased and the defendant had reas-' grounds for apprehension, the klll onable grounds for such belief, then, -trig would be Jualflable, even though I Instruct you that the defendant had , the -appearances were false, and a right to act upon that belief and the ' there was no design on the part of killing of the deceased would be ex-; the deceased to take life or do great cusable, and It would then be your! bodily harm. But whether or not duty to find the defendant not guilty. ! there was such reasonable appearance In determining the question wheth- of danger, and whether or not the er deceased or the defendant was the' defendant honestly and In good faith aggressor at the time of the encoun- acted upon it, and under the cir- ter, you have a right to take into con- cumstances had reason "to believe sideratlon the threats, if any, the de- that he was In Imminent danger of ceased made against the defendant, death or great bodily harm, Is a both those which were communicated question for the Jury to determine to the defendant, if any, and those from all the facts and evidence in which were not communicated,' if the case. any. and also as showing tne motlvo I have instructed you that you have Tjof the deceased, if any, and the na- a right and should consider any evl- " I -A nnA V.n-r.nl-. lU ..1 l-.-At- ,(..., AnnnnorxA "no auu (.uamiiici ul mo aaaumi uuum Lcuujug LU buuw mat uo.ooou made by the deceased, If any was was turbulent and violent, along made. with the other evidence In the case, In determining the question wheth- In determining whether the defend er the deceased was the assailant, ant acted under a reasonable appre you have a right and It is your duty hension of imminent peril; but it Is to consider any evidence introduced no excuse for homicide that the per by the defendant tending to show son killed was a bad man 'because in that the deceased made threats the eyes of the law it is as great an against the defendant; that de- offense to kill a quarrelsome and ceased had a special animus against brutal man as it is to kill a mild and Ar.tar.Annw' rnnr AnnnnnnA t. A n .., InnffannJon A r, A iihI. h n , . , . j uuidiuuti l, iiiav ucvcaocu iiau U Yiu-' luuiicjimyo Ulan. nnu uuicaa luq Frederick. Courtland Penfield contributes a suggestive article , lent temper, and any unfriendly acts circumstances show that the defend- ol the deceased towards defendant, ant acted In self defense, or was In It Is conceded in this case that the Imminent danger, or believed hlm defendant and the deceased were self to be in danger of death or great both upon the land under the con- bodily harm, the bad character of trol of the defendant, and that Harry the deceased will not avail the de Tabor was in a place where he had a . fendant. right to 'be, and, being upon his own I The defendant in this case has of- premlses, if you find that deceased , fered evidence tending to show his and law- him with a deadly weapon and ap-i abiding citizen. The defendant has FRANCE'S VANISHING POPULATION to the November number of the North American Review entitled "France and Her Vanishing Population." Mr. Penfield gives some appalling figures in relation to the decline of French popu lation, In 1902 the excess of births over deaths was 84,000; in 1903, 73,000; in 1904, 57,000; in 1905, 37,000; in 1906, '27,000, and in 1907 it not only reached zero, but passed it, for assailed him or was about to assail i evidence as a peaceable there were 20,000 more deaths than births. The main cause to parently seeking his life or to do him ' a right to show his previous good which Mr. Penfield attributes this alarming decline in the num- I Rreat bodily harm, he was not b-1 character as a circumstance tending , , . ... , ,, . . , llged to retreat or consider whether! to show the impossibility of his ber of French people is the thrift for which the French are lamed j he could sarely do so; but he had a guilt. This evidence you win weigh but which Mr. Penland regards as synonymous with greed. He . f!"1'0 B'a.nd his ground, ana meet j and consider in connection with ail the attack in such a way and with , the other evidence In the case in de- says: such force as, under all tb clrcum- terminlng the guilt or Innocence of "When obHo-fid tn divide hia nronertv eauallv amono- his I ?ta?ces ho at a moment honestly j the accused, and, when so considered, r r- o i Deneved ana naa reasonable grounds, u were exists In your minds 'Children, and When he knows that the same restrictions will be to believe was necessary to save hisjaonable doubt as to his guilt, it will own lire to protect himself from, be your duty to acquit him. II, however, you believe from the evidence beyond a reasonable doubt applied to their children when the time comes, the citizen of . g"eat bodily ha?m France usually elects to have a limited family. The dowry sys- The defendant had a right to act . . . , , j ' upon appearances, If these were such tutu, ngaiii, upoitibca m mo oauo uixvuiiuu. nvvijpwiivio nil au- . under the circumstances that the defendant committed the crime In question as charged in the indictment, then It would be your and sur rlit.innn.1 nhilrl manna n.rlHit.innn.1 oxtirtiba' in Pranro it. mnana an Poundings as to reasonably imbue his ' m nd urtth lUn KillnP .. nnnMhnH.nn i1ii,n rt UnA 1. AnfnnA 1 11... extra dowry as Well, and that is an added reason Why the French that It was necessary to act as he ' even though the evidence satisfied have few children. So lontr as the present nronertv law exists. d,d 1,1 or,er t0 avert nn impending I your minds that defendant, previous , . , . '1 felonious assault, If any, upon him.! to the commission of the alleged and the dowry custom Obtains, there can be no solution Of whether actual or apparent, and if crime, had sustained a good reputa- - French depopulation. France is manifestly deriving from her findi1'nt,!;0 dld nct "Von ear- u 88 a peaceable and law-abiding r r j a a noes under the surrounding circum- citizen, inheritance policy an immense diffusion Of prosperity and cer-1 stances, which reasonably Imbued his The defendant has the right to lain nnhlirists are finnlanrlinir th national nnliev nnrl holdlv na nilnd with the belief or apprehension . come upon the witness stand and lain puoucisis are appiauaing ine national policy,. ana Doiaiy as-ithrt )t wns noceRsarv t0 act aa ne ad' testify in his own behalf; and when Eerting that it is more than Wise to promote greater equality in i order to avert nn Impending f el-1 he does so testify, you are to weigh the distribution of wealth." . j 5" ?riD, ,"ih,e ' i1 s :t,?on.!L!!n5Sr MeJa.:lLaiea ..n.... v.. Ulli; (.1,1,1.1 OIL, 1.9 J"U UVJ lllai ULUC1 w H UcbbLs, It would be your duty to acquit the and you have the right to take Into defendant. I consideration the interest he has in The killing of a human being Is . the termination of the case. When Justifiable when committed by any ', weighing the testimony of any wit person to prevent death or any great ' ness you have a right to take Into uuiiiiy injury ucing committed upon consideration the Interest, If any. SAMPSON GETS ONE- - YEAR IN STATE PEN Kan Who Stole Revolver Matlock House Goes Over the Road in Wilbur Sampson, the maar who stole a revolver from a room in the Matlock lodging house a week .ago, was arraigned in the circuit court this morning on the charge of larceny from a dwelling. He pleaded guilty and was sentenced- by Judge Harris to one year in the penitentiary. Jacobs on Trial Joseph Jacobs, who has been in the police and Justice court several times for violating the liquor law, was up for trial today for violating the local option law. The following iurv was selected to try the case: B. S. Prlndel, W. J. Canady, B. F.j H. Bogue, Andrew Bunch, J. W. Bea vey, Otho Roberts, J. AtkinBon, M. F. Griggs and S. B. Jackson, Jr. Averldc t of guilty was returned. Other Indictments. Yesterday afternoon the grand jury returned eight secret indict ments and this forenoon five more were returned. As the persons in dicted were not In .custody, the names were not read in court, at the time, but later it was learned that the In dictments were against Ray Little field, John Williams and Charles Wllman, charged with selling liquor. Hyson Smith, Jr., was arraigned in court this morning on the charge of violating the local option law and he entered a plea of not guilty. John Williams this afternoon en tered a plea of guilty. Charles Wll man entered a plea of not guilty. Ray Llttlefield will plead at the opening of court in December. The court adjourned late this af ternoon to meet again on Monday, December 1, at 9 o'clock a. m. The grand jury was excused until that time. It has not yet completed its work on the liquor cases under investigation. Salome, the play that has created so much discussion in the East, or more properly speaking, a poor imitation of the real fr.hinfr for it. 1a onlv a. nlnv inat.Anri of nn nnora. nut. harA la t.mtv-- ing the jerkwater towns of Oregon, and this recalls the fact that joined 0fln,Ictherond.e oTnecessUy . naUon tWhencasSe.haS. 'he terml1 poor saiome lias naa an awiuiiy tougn time or it ever since she alone- 11,8 necessity must ne nppar-i first made her appearance upon the stage. At first everything! unavoidable, or the defendant must, NEW TODAY went well v.r.'.:! she reached New York. Then her troubles be-, from n" thB "rcumstances, have hon- for sale Good 7-room, modem ... . , ija i. ., . , . leBtly believed It to be so. To excuse, house, barn and wodoshed: full- :gan. Anthony ComstOCk Objected to tho veil bURinOSS and a few homlcldo. the party must act upon: sized corner lot, well filled In other features and some of the ministers condemned the play, 'V."!ost l,d we." r'lln!led 1)ehe'j "?red at a bargain for soo'. , ... . . ... ,. . ... . ... . . A, ' ! tl'at it Is neressary to take lire to pre- Call at 128 North Washington. because it treated a biblical subject with what they considered vent great bodily harm it mt-t he! n26 insufficient reverenoe, Only by a compromise, which made it ' dni'i:,;.r." "!!Ke',Ltl,nt.,e -,nns l9i .r : . . .. . nuDuiuwii ur ai'imruuuy uucussHrj ; r oAiji', une acre in tne Hlalr necessary to do violence to the remarkable work, was it made , imminent possible to bring out the Wilde-Strauss opera. Now the Baptist and Methodist ministers of good old Philadelphia have taken up arms against Salome and the Holy Synod, meaning the head of the Greek Orthodox church in Russia, which seems to play the part of a guardian of public morals in that country, has prohib ited the performance of the opera. The way of t'ue transgressor is hard, indeed I and apparent danger! One of the most amusing features of a recant meeting of the New York Mothers' Club, and one thoroughly characteristic of that misnamed organization, was the resignation of one of the members who actually remei hered that her children had more claim upon her time than the club. The other members were horfifiod that the wonian could allow such a trifle as her children to interfere with her duties as a club member. What a farce I Street Addition to Eugene; must be sold in the next few days. En quire of Howe & Buoy, 474 Wil lamette St., Eugene. n21 means such overt actual demonstra tions as would make the killing ap parently necessary to the preservn I l :n from dentil or great bodllv In Jury. The danger must be unnvold- DeWltt's Kklnay and Bladder Pills able accord Ing to the facts and clr- are unenualed in cases of w?ak back. cumstances as they honestly appear- back ache, Inflammation of the blad- rn ai me lime to tne accused; but der, rheumatic pains, Antiseptic and it is not necessary that the danger act promptly. Sold by all druggists should in fact have existed at the time, If the dofendant had reason to All Seattle 1b to participate In bollove and did believe that it ex- prayer week to be held there soon. Isted. Actual and real danger to the All traffic is to he siisnfinrtert fnr defendant's comprehension as a reas- period of two minutes during the day uimuio iiiuu, na u men appeared to ana a general season of prayer will him In good faith Is sufficient. That prevail. According to Senator Dick, who probably speaks by the card, i Senator Foraker, instead of being out of the race, is preparing, to make the fight of his life for re-eleotion, and will open it with a speoch to the senate. Whatever else he may be, Foraker is a scrapper from scrapperstown. ine uregon Agriculturist says: "Eugene, Oregon, has raised $15,000 for another year of advertising and in paying a man that has the ability to advertise. Portland will soon take ' second place in the state if Eugene keeps up her ratio of in crense very many years." Queen Lli has "hocked" her Honolulu real estate for $70,-1 000 to make another play on congress for possession of the for-! mer crown islands of Hawaii. She seems to be as fond of a biir ' ... 1. 1 V. 1 . 1 , I o guuiuie ub nor luve nuDoy was. cneer up, ye reactionaries." The kinir of Italv will narrfon all petty political offenders when his cousin marries Miss El kins, which may put the powers that be on this side of the pond1 jn a pardoning mood. o i IS J.OOl'UHS. Wet.ll fix rv s i 00 IkA It T. 1 1 5,000,000 IlllhU, X SW ' L I 1 iff rw iill BELL'S TarHoney ie oiii-timp honsphold remedies for Hurt Pine-INirand Pure Honey, 'ifiuitioalljr coiiibtn'everai other iiown value in ihe treatment o the package what fa in the bottle. THE PEOPLE USE OVER BOTTLES ANNUALLY? Mwy Pttwm OIttw by One of the Min. prevent While the report that the Republican senators who tried to Vip ent the nomination of Taft will bo fed crow, instead of pie aS.'h'KiS lX. iiiw of rn.iiKK. n twtv rolil wMch rum IKIir il. i 1 luve n I'ttwil with mi -.-s rvjii I' n,' lsr-HfmT. Til Aim I.wiHnful v if in w itmlrrfnl n.m.lv i. ... r sur cniKittli lit 'rai.. ,-1 Mir w.'n.lr. i-T v.iuf Lltl h-xKlt Ilil ivMtlin.wii iiM. You may u- llus ltior u thu tw ft Uuni to r,-vMtuuietnl your No. M Sib St.. lvtn.it, x,lfh, j, , (1 LOJ.,Krt look (or tht Bell on Bolll. and our Guarintec No. 5W. COMMERCIAL CLUB MEMBERS TO VISIT DISTRICT FAIR Several members of tbe Eugene commercial club, will visit tbe Cot tage Grove First Annual District Fair tomorrow, afternoon, leaving at 2:18 p. ni. and returning on the (Iyer at 6:42 p. m. Among tbose wbo Intend to go are A. J. Gillette, E. O. Potter, J. H. Hartog, Y. D. Hansill, W. B. Dil- lard, W. G. 'Gilstrap, 1. H. Bingham, Ij. L. Whitson and D. E. Yoran. It was first planned to get up an ex- IWPHIFECiji Wick Bine Flame 01 1 fa such that the heat Is thrown dw,i A pan upon the stove Ior SfirJ'W e room to aa aroWSt You can at once w rt-.j . ideal summer stove, ffl,uM r9 If vni i Perfection-Jr.01"!. powerful light and btmafo, h W Misses' and Children's High Top, Box Coif SHOES $2.00, $2.25 and $2.50 Tl f r i nc exact sr.ee lcr protection againstlW and disagreeable weather ,1 BURDEN GRAM 568 Willamette St. curslon to go In a body, but owing to the invitation reaching the club too late and the big excursion to Portland Saturday, this could not be accomplished. All members of the club and of the promotion fejcsH get away, ougbt tin tie trip to our is 5 tiers win, as Bsaai,ts badges, which tu It from Steward Cilliaiii VT-nri tt a a ttn tm tf a tl It it it it it it it it ttn MOM at Prices "The Store That Saves You Can Supply Your Needs In Extension Tables, and Dinins Chairs Special If you need anything in our line it i pay you to call and see our new ar rivals in up-to-date styles and de signs. We will be pleased to show you whether you want to buy or only to look Heating Stoves in quality and construction, most economical and most effective for service. A grades w sizes at the right prices. Investi- MX K titt t t it Best gate before buying 0 The Lighted Corner SUCCESSORS TO DAY &. HENDERSON jMtZ THB & & SUTHLRHXD MEnKISB CO., o iziim -
