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
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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
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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-
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gate before buying
0
The
Lighted
Corner
SUCCESSORS TO DAY &. HENDERSON jMtZ
THB & & SUTHLRHXD MEnKISB CO.,
o
iziim -