: r. & r;v w ,i I J A. I ! It it . t t r 0. Busy...Yes l, , ITeare always busy. rcMoa, Vc do not credit. Some of the other fcl lows do that, Another lot of nice stylish Jackets jo in, sizes 32 to 42. Reasonable in price too, Our cloak department is the busiest place in the store nowadays, bear in mind that our dress goeds stock is full and complete, The best $1.00 kid glove in the market, The celebrated W, C, C, cor sets all shapes, CASH STORE HOLVERSON'S iis5i8afafaf3 SSWtSS Wrappers Special values In ready made wrappers wade of prints, flan nelette or Imported saxony flannel. V5c to $3.00 eacli. Table Linens Satisfaction giving kinds only admitted here. Linen by tlic yard at 35c, 50c, 75, to 42.00. Dordercd MclothB with napkins to 'match In swell patterns. mm" gP J. J. DALRYMPLE &. CO. Astigmatism,, Seventy.fivo percent of eye troublea ate caused by astigmatic condition) being prtscnt. K your eyei ore but slightly , defective It i better to glvo them atten tion at once, I will furnish the glasses that will make perfect tight rouitl through Imperfect eyei, CHAS H, HINGES, Expert Oitician, 2S6 COMMERCIAL HTKECT. CAM, A MESSBNQEn .... and hflvo your notes and paokngea delivered, to oclloot a bill, to 50 on errauda for you. AaU for ppoclal rata on merchauU' packago. Charge reasonable. Dloyolo nor vice. Ring Ulna boxen or telephone 40. Tiookwood Meeaeugor System, Central offloo Mo. 280 Commercial street. THE WEATHER, A Killing Frost Predicted for Wcdnes day Might, Wednesday night and Thursday fair, colder. Killing frost tonight. SALEM LOCAL, For additional Local and Social tee Ihirdfpagel If. S. (J lie went to Marlon today. E. A. Kurtz is u visitor at Cor vallls. Prof. 55. M. Parvln ent to Albany to lay, Frank McDovItt, has returned to Boadon. . Mrs. A. a Sklun Is visiting friends . at.Turnor. Mr. and Mrs, .1. W. Hamaker huyo returned to their home, at Klamath Falls this morning. Miss A, N. Lathoy, of Kluuib, ro turacd to her homo haying been In tho city during legislature. New Mackintoshes! fame today, They aro beauties. If you need a mackintosh sco them before you buy one. They are black and brown check, plain brown check, plain brown and navy blue, all made with tho new uouuie oreasteu military cape, much I11 style now. Good all w casumero, rnco m.du una .". Wcfa and Dry Feet You will always have If ycu buy " yeur sltoes from us. We carry oly jfCKx, solid goods, no paper ' w, In ours, Our Litllo Glunt . itofcueifciioeeMre making us friends, TIm children all like them bo- mvm they are stylish and then , ttoty lrt so hw that they make Us bill swallor. Try them, . Jntfl Km o rubber goods, coin " ' & ( !. rubbers for WILLIS IIOS. & CO. (JAM DY GOODS V . AKDSOEtf, &A 4: flf 3r Low spot cash .prices is the e CASH STORE Hats Hew stiff hats, new fedora hats at our usual low pr'es for prime qualities. 50c to $1.00 Clothing Sale Have on lookrd nt these splendid values we crlng at , Judge R. P. llol.se Is at present holding his regular term or court, In Yamhill county. John T. Elklns, left this morning for Orcswcll Lane county Ore., where he will remain for some time. Tho steel bridge wus closed to tralllo Tuesday ovctilng. and tho work of re plankliiK begun. It will tako soino time to rompleto tho Job and until It Is finished will only be open from 0 to 8 o'clock each evening. Salem ladles and gentlemen who belong to thoorder of United Artisans and all in to rented In Fraternal Insur ance should not fall to attend this evening's program at tho Reed. It Is all frco and the public Is cordially In vltcd. The local com 111 It to headed by Master Artisan (J. II. Lane havo prepared a rrogram that will ensuro a grand evening's enjoyment, Como at H o'clock. A Social Meeting. The United Artisans havo prepared un excellent program and will presont It to their many frloudi at Reed's opera house this evening at eight o'clock. Tho best of local talent will lend their offortB, and Francis I. McKenna tho supremo master Artisan of the older will glvo an address Tho program In detail will be as follews: Piano solo Clifford Kantner Vocal solo Tom Howling . A. HurroriH. Recitation.... Ulaneho Hell Violin duot.Mlsscs Ilrown and Nieklln Vocal solo.. Miss Marguerite Aldorson Address. Francis 1. McKenna, su- ' .proiuo M. A, Vocal Kilo . . ... To A rms , Prof. W. F. Scoble. Vocnl solo Asthoro n , , Miss II. 11, Holland. Recitation Mrs. C. S. Riley Vocal solo Prof. Franclcsco boley Hanjo Solo James Patton Professor Scoble'a selection, To Arms" Is tho now war song written by Clifford Kautnor and tho professor will be accompanied by thouuthor. Prof. Soley will moke his first op pearance before u Sulem audience at a public entertainment. Several neighboring lodges will bo presont und a good tlmo Is expected. All persons Interested In boullleary ordors aro Invited to attend, No admission will be charged. " ' o STATE CAPITAL MATTERS. SpcukerCattcr and Representative Curtis are In tho city wwlstlng tho chief clerk and calender clerk of tho housoln tho revision or tho house records. Under Its new charter Portland can operate Its own lighting plant. Thoso most prominently In connect Ion with the vacant seat uf Jnsonh Slinou In tho. state scnuto on tho Re publican sldo iiro O. F. Paxton, J. F, lloothe, II, ij, Rowe. Orahum GIuhs and Wallace McCamant. For successor to Joseph Simon as the leader of tho Republican party of the county there havo been men Honed Donald Maokay, J, Thorburu Ross, Dan MoLauchlau and Wallace McCatuanU Anyono of these, It Is believed, would make a safo leader. The now legal Interest law gocn In. to effect at once, us It contulna un emergency clause, and has beeu signed by the governor. This will reduce Interest on all warrunts from 8 to 0 per out, but will probably not upply to uny warrants stamned Iwforo this law went I uto effect. ' " 1 Pais Ucjk noMuiw lt) Pr, NIW ltn ?ln ij- MM I SHOOTING AFFAIR Freeman Eldridge Shot Twice With a Shotgun. He Will Not Reveal the -Name of the Dastardly Perpetrator Is Seriously Wounded. 'Special to Journal) Uckvais Oct 10. Tuesday about two o'clock Freeman Eldridge, who lives near Gervals, was at the home of his brother Hugh, when ho had an altercation with a party, and as a result he received one load of shot In the body und one In the head. No other party was present but the perpetrator, and his name, Mr. Eldridge will not re veal at present. Wishing to avoid his assailant, he left the house, and was again II red upon. He had the shot removed by Dr. Stott and Is to day ublo to be about. Tho affair Is causing much cxclt6 ment here, and the fact that Mr. Eldridge says he will reveal the per petrator's name when the proper timo comes, leudstolhc conclusion that some arrests may be expected. AN IMPORTANT SUIT. The State sues to Recover From the Stove Foundry. A suit In attachment was yesterday (lied by too state of Oregon agaltmt ' the Northwestern Stove Foundry Con - posed or J. Lorweuberg &Co.,ln De partment No. 1. circuit court of Ma rlon county. S. L. Ilaydcn, district attorney, and G. U. Rlngliatii arc at torneys for the state. The amount sued for Is $10,000 and Interest, due October l,and the capers show that an additional amount of $11,00.1 02 will bo duo next January 1. An additional suit, is Instituted to recover tho sum of $30,207,42 for con vict hire, at 35 cents per day. per man, since Oct. 1st, 1805, to Oct. 1st, 1803. Tho two suits aggregate the total amount or $4(1,207,42, duo Oct. 1st, stilt leaving a balanco of $11, 003,52 due on notes Jan. 1st 1800. as .well as the accurlng corvlct hlreslnco Oct. 1st 1808. The first suit is for purchaso money for.plunt of stoyo foundry, on which transaction notes were given aggre gating $22,103,02, und 011 which only $.00 hus been paid. Sheriff Durbln took possession of the entire plant and stock at the pen itentiary stove works today and ordered the same shut down ut noon. He has placed Clydo K. Rradcnburg In chargo of the same, and will pro ceed to tako an Invoice of the sumo as soon as possible. Supt. Gilbert of the penitentiary stated he would send tho men out to .work thl.4 ufternoon, but Sheriff Durbln says they shall not work, Mr,Gllbrt probably wanlstobo placed In custody of the property. The property of tho company at Portland has also beon attached, as the company is snld to bo hopelessly Insolvent. La Fayette Memorial, Tho public schools throughout tho city obsoryed what Is called La Fuy etto Day. Tho last hour -In the day was given up to readings, recitations and other exercises calculated to In. still a warm regard for tho famous French soldier and revolutionary pa triot, Unnlc Failure, PiTTSiiima. Oct. 10. The German National Rank of this city has gone into voluntary liquidation. It Is said the closing of the Institution is due to unwlso Investments. Rank Examiner Voting says tho securities held by the bank aro ample to pay depositors dol lar for dollar. MARRIEU. SMITH-M'CORMICK.-At tho homo ol the bride's parents, corner of Slato and Twelfth streets, at 12 o clock today, Miss Jesslo Smith to Mr. J. J. McCormlck, Rev. W. O. Kuntncronlclutlng. Tim wedding was a private one, only tho relatives und Intlmato friends of tho contracting parties Iwlng present. Mr. and Mrs, McCormlck took tho afternoon train for Portland, there to sponditholr honeymoon, after which they will roturn to Salem to mako their future homo. Mr, McCormlck Is employed at tho penitentiary and tho young couplo will mako their home for the presont with the bride's parents, Mr. and Mrs. Hiram Smith. Don't be uneasy TIicjo dull limes because money Is tight hen you can cut down your expenses if you buy Writing Material from us. Wn will sell you ono of the tlnost boxes nf stationery (21 sheets of papr, 21 envelops) for l5o, that you have always paid 2o for. If this Is moio than you wish to pay, we will sell you tho 15o kind at ten cents, or tho tea cent box for FIVE CENTS Tlicso prices aro for good goods which uro not found In racket stores. OUR 2 CENT TA11LET Isascoodasfluy tlvo cent tablet on tho market, and Is a competi tion dotlers, E.nouou Skd, PATTON BROS. tfRANK NldLOT, (Continued from third page.) "It will bt presumed of coufrfe In the appelate court, and hero too, for that matter, that the officer did his duty and put the names or all the Jurors Into the box. On the other hand the state, having offcrrcd noth ing but this presumption, which Is weaker than the positive testimony of the officer whit!) was within reach of the state, Ills presumed that tho testimony of the officer would be against the former presumption. I take it, therefore as established by tho showing here that these names of of the twelve men engaged on the Jury In the civil case were not In the box. Now the question Is, what ef fect has that. "The constitution requires 'That the legislative assembly shall so pro vldo that the most competent of the permanent citizens of the county shall be chosen for Jurors; und out cf the whole number In attendance at the court, seyen shall be chosen by lot as grand Jurors, flvcof whom must concur to Und an Indictment. Rut the legislative assembly may modify orabollsh grand Juries.' "I am of the opinion that the case of the 'State vs. Lawrence' controls In this matter. "It Is truo It says the legislative as sembly may modify or abolish tho grand Jury, but the argument in this case Is that the legislature has power to modify or abolish grand Juries, but the manner of drawing them Is beyond the authority of the legisla ture to change, and that the drawing must take place from tho whole num ber of jurors In attendance upon the court. I think, therefore, that In order to have properly drawn the extra grand Juryman, all of the wnamcs should have been in tho box I hayc examined the trant crlnt In the Lawrence case and find 'that the question was there raised, on a motion to set aside the Indictment. The court In referring to that says: 'The next inquiry Is whether the effect of this Is to entitle the defend ant to have tho Indictment quashed, and the Judgment of conviction re versed,' and reaches this conclusien: 'There are however, numerous author ities to the effect that when a grand Jury Is not selected as required by law, or a selection hus been made of such persons as aro not qualified to act as grand jilronan Indictment found by them Is null and void, und should be quashed, und the prisoner Indicted dc novo.' Aad'thcn comes a Maine case: 'These persons wero sworn and charged us grand urors, und udded to tho panel, und acted in finding the bill, iiutas their selection for this purpose wus nut in conformity to the laws of the state, they constituted no part of a legal grand Jury. Con sequcntly the Indictment could not have been found by at least twelve jurors, and Is void and erroneous at common law.' The supreme court of Oregon concluding the matter said. Upon the whole It Is our Judgment that tho accusatory paper was not an Indictment; that It proceeded from and was the actot a body of men selected us a grncd Jury In ylohtlon of the constitution. It fellows, there fore that the Judgement of conviction mus be reversed, and the cause be demanded for such further proceed ings in conformity with this opinion and the law as may bo required.' "Of course, it is a matter of regrot that such things happen in this way, but It Is a constitutional right guaran teed to tho defendants and must bo observed, Rut the statute says that 'if tho motion to sot aside the Indictment be allowed, the court must order that tho defcudant If In custody, bo dis charged thcrofrom; or If ho havo given ball, or deposited money In lieu thoro of, that his ball be exonoratcd or hi9 money refunded to him, unless it di rect that the case be resubmitted to tlic samo or another grand Jury. "If the court direct that tho case bo resubmitted, the defendant, if then In custody, must so remain unless hobo admitted to ball; or If ho have already given ball, or deposited money In lieu thereof, such ball or money Is unswerable for the appcaranco of the defendant, to answer a new indict ment, If 010 be found. "On the sublcct of the demurrer, the statute Is tho same, and as the demurrer In thlscaso has been argued, tho court will without giving any reason therefor sustain tho demurrers, pro forma only, for the purposo of clearing tho record; and the order will bo that the Indictment bo set aside, nun uiub vuu uuusu uu ru.iuuiuiiK-'u ui tho grand Jury to bo drawn at the Things You'll Find Here! Lots of folks know some of tho things we carry, and some of tho things we don'tcurry, but dou't know nearly all wo have. Our stock hus grown a great deal In tho last year. We havo larger und better lines and still sell at lowest racket prices. Resides largo lines or Hamilton Hrown, and Rice and Hutchlns, war ranted bhoes you'll Und horo well selected stocks of underwear, hosiery, meu'i furnishings, overshlrts. over nils, working gloves, ladles and chil dren's mittens, towels, linen and cot ton, crash, Jlneu und cotton, notions all klutls.tableta, envelopes and paper, slates. naiinllH. Ate. Jtnri n ir linn nf staple articles In RACKET PRICES. WIGGIN'S BAZAAR, 307 Commercial Street next regular term of court, and the same order will bo made with refer ence to the demurrer. The case Is of such Importance, and of such public Interest that I deem It proper that the defend ants bo required to answer to the merits If an Indictment be found. This Is an objection which the de fendants might have walved,and pro ceeded to trial on the merits, but the urging of this objection Is one of those constitutional rights to which the do fondants nro entitled. The court will sustain tho motion to set aside, but the cause must be resubmitted to another grand Jury, and If reindicted, the defendants must answer to the merit". The ball Is holdcn until the next term of court." MARION. 2. Frank Wiseman and family left last Sunday morning on tho overland for John Day, Eastern Oregon, where they will make their future home. Harvey White took tho train Tues day for Salem, on his way to Ncwberg where ho will take In the fair, which is being held there this week. Joe Doran and family who has been spending several months In Eastern Oregon and Washington are home again, having arrived Sunday evening, Joe says he thinks tho Will -atuettc valley Is the garden spot for him. But If a man wants to mako a stake at firming they had better go cast of the mountains, where they can raise 00 bushels cf wheat per ucre. George Hlnshaw who has Bpent the last two years In Kansas, arrived In Marlon Tuesday on 11:30 train, where he was greeted by his many old friends here. J. Jay Cook has bought one-half Interest In his fathers (Joseph Cook's) store and will be principal manager of the business, as the- health of his father will not penult him to manage It alone. Mr.Huworth's family who have been Hying In the L. O, Rutherford house, has moved In tho house vacated by the vVlscman family. The Marion fruit dryer run and conducted by U. F. Hlnshaw Is being started up this week for u run on apples, with u full compliment of hands. Tho parlies around this place hav ing dried fruit here sold their prunes for about 3 cents per lb. and arc well pleased with the sales. Mr. Leo who Is now serving cm the grand Jury at Salem, after farming one year at Whltakcr, has bought property In Marlon and the family arc occupying the same. A brother of W. J. Hadlcy from Colorado, and a nephew, Mr. Harnett rrom California," were visiting with Mr. J. and family lost week. Farmers nre huuy putting In their fall crops. WORK COMMENCED. Contractor McCoy at Work Replanting the Big Bridge, Work was commenced yesterday by Mr. McCoy and crow at replanking tho west approach of tho big Will amette bridge, Tlic lumber Is being brought from Dallas, and the work will be pushed through as fast as tho plank arrive. Tho bridge will be cl'i-cd to teams from 8 a. m. until 5 p. m. each day while the work Is in progress. fhe Stamp of Style MADE RIGHT AND . SOLD RIGHT AT A LOW PRICE FOR THE FOLKS WHO CANT AF- FOKD TO PAY A BIG PRICE. $2.00 bSBURN'S RACKET 303 Commercial St, DIRECTLY OPPOSITE TIIEI'OjT-OFFICE. Kitchenwarc Such as steel enameled waro of all kinds, tinware, cups, pans, knives, sieves, strainers, wood bowls, etc. Two Extra Good Tilings. A mun's splendid muslin night gown, extra long silk embroid ered front, splendidly made Wc A mans heavy gray sock. ... . . . no, Calcium Carbide In largo lumps two pounds for.. 25c, Fresh broken ready for the lamp two pounds ,. , 300 This is la tho very best carbide, and we break it fresh every few days, It'a solid (Ire, Bi v MMrV ...DRESS You seldom get an opportunity to buy new staple dress goods AT ACTUAL COBT That is what we are offering and for the balance of the week on some lines we will do even better Call and see 36 inch all wool serges in black, navy, brown, a(, 25c. Our all wool fancy dress goods, at 32cf ALL LINES In Police Court. Frank Russett, a drunk, and Pat Conner, a vagrant, were arrested last night and given live days each. The Unknown Dead, of many battles arc burled through out the country, and Htrong's restau rant furnishes the living Hth the Destine meal in the city. An English Cap looks good on some people, but Bran son & Co's high grade groceries aro becoming to any household. Acker EnglUh Remsdy Will Stop a cough at any time, and will cure the wont cold In twelve hours, or money refunded, 25c and 50c, Lunn & Brooks drucchts. For broken lurtaces. sorei, insect bites, burns there is one reliable remedy., DtWitl's Witch Haxel Salve. When you call for De Wilt's don't accept counterfeits. You will notbediwppolnted. Stone Drugstore, LOST A bunch of about 6lx keys. Finder leave at 200 Commercial street and recelyo reward. 10-10-31 frr Scbllllua'i Bt tea and baklac vowdw. GRAPHS PEARS APPLES (Big Red Ones) QDINCES TABLE DELICACIES FINE AFTER-DINNER CHEESES. SONNEIMIN THE GROCER 124 State at Tolephono 51 Lamps.. Largo assortment of lamps In latest shapes and designs in nlcklo, hgli and low standing banquets and vase Tamps. We haye them all marked In plain tig urea und can save you money on our lino as we bought them direct at the factory. Come and see tho line, even if yon do not purchase. Yokohama Tea Store RED FRONT, REMEMBER our fresh roasted Cof fees if you want a good cup of coffee. FREE DELIVERY. Oregon Fruits GOODS Our 46 inch at, Our all wool 43c 46 inch all wool black henrictta, formerly $1,00l now 70c, 46 inch all wool black Henrietta, formerly $1,25 now 90c. All wool black solid, formerly $1.25 now 85c All wool black solid, formerly 75ci now 53c All wool ladies' rloth, 50 inch, formerly 65cs now 48c All wool ladies' cloth, 36 inch, formerly 38ci now 29c, All wool challics, formerly 75ci now 30c AT COST TO New Collarettes Fine new line of the latest styles and finest qualities, Prices range from the lowest to the very best, Be sure to inspect them, Mrs, D, L, Fiester, NEW BOOKS Any of tho following Cloth Bound 10 mo. Books mailed to any address, post-paid on receipt 1 8c. Send for lists of 20c and 25c books. M"R5 LIST OF Abbo Conatantln.,..Ludovlc Haloyy Adventures of a llrownle.MIss Mulock Asop's Fables. Alice In Wonderland L Carrol Au Id Llcht Idylls J M Iiarrle Autobiography of RenJ. Franklin. Autocrat of the Breakfast Table Oliver Wendell nolmes Bacon's Essays. Beauties of Shakespeare Dodd Beyond the City a.C. Doyle Black Beauty.. Anna Kowell Book of Golden Deeds O. M. Yongo Bracebrldgo Hall w. Irving Browning, Robert -Poems ?.n i,,eif T :r-,AIexan'lro Dumas Chlldo Harold's Pllgi Imago ,s -, - Lord Byron Coming Raco.... -Bulwer Confessions of an Opium Eater nTXfi ----- .--Mrs. Gaskell (JrlCKCr. fln Mir tlnnrlli im.i Crown of Wild Olive....".". Raskin uiscourj.es of Epletetus Dolly Dialogues a. Hope nSf-.7 O.Sohtelner Dream Life 1 Marvel Drill,, mnnH'i Artr i'mnu Emerson's Essays. ftinics or ine Dust J, Ruskln h.uukuuuu w. L,ongrellow Frankenstein- Mrs. Shelley Grace Abounding to the Chief of Hn,nerS J. Haunted Chamber Tho Duchess Herces aud Hon Worship .-CarJyle " a,wall'1i v-H. W. Longfellow House or Seven Gables.... Hawthorne Idle Thoughts or an Idle Fellow.. ,, ---- --Jerome K.Jerome Idylls of tho King Tennyson illuxr Ca)sar Shakespere T,wMnefm?r,yu, Lord Tennyson HnC N'? Lke Sir W. Scott H ll . R1Sokh '.---Thomas Moore Lamb's Essays of Ella. I.llmh'd I. UGt. Vonn.., VII. Lamb's Tales From Shakespeare, Lays of Ancient Rome Macaulav LaysofScottlshtCavallers .- r ii7TT"iWu1, Edmonstoune Aytoun Light of Asia. SirE. Arnold ongieiiow's roems. Frank S. Booksuller and Statio.nek, imriiiiHiiiii'iiiftHW liVimui all wool black brocades 53c, black brocades, at and 47c, , CLOSE OUT. 257 Commercial Street Salem BARGAIN BOUSE OF SALEM TITLES. Lowell's Poems. Luclle Owen Meredith Man In Black. Stanley J. Weyman Marlmon Sir Walter Scott Mornings In Florence J Ruskln My Lady Nlcotln J M Barrle Nat Law In Spirit World Drummond Old Mam'ewlle's Secret E Marlltt One of the Profeaslon.-M. Whlto. Jr. Paradlso Lost John Milton Paradise Regained John Milton Past and Present TCarlyle Paul and Virginia B St. Pierre Pleasure of Lire Sir J. Lubbock Plutarch's Lives of Alexander the Great and Julius Caesar. Poo's Poem's Edgar Allen Poe Prince of tho House of David. Professor Ingraham Prl ncess Lord Tennyson Queen or the Air John Ruskln lUband Ills Friends Dr. J. Brown RasseUs Samuel Johnson Heverles of a Bachelor Ike Marvel Representative Mcn-R. W. Emerson Romeo and Juliet Shakespeare Sartor Resartus T. Carlyle Scarlet Letter N. nawthorne Sesamunnri T.IIioq .1. Htmlrln Ships That Pass In the Night nnfplrn Tin rrn flrtl) Sign of the Four A. O. Doyle okcicii hook Washington Irving Stlcklt Minister S. R. Crockett St. Mark's Rest John Ruskln Story of an African Farm , uitve fccureiuer Study In Scarlet A.C. Doyle Table Talk and Other Poems . William Cowper Tanglewood Tales Hawthorne Ten Nights In a Barroom... -Arthur Thron Mnn In n rtnat T U' InrnniA Through Gates or Gofdl.M. Collins xiiuuvnui irom Marcus Aureuus ,. Antoninus Through the Looking Glass . Lewis Carroll Tlllvln&sKfiinrinl T M Hitrrle Treasure IsHnd R. L. Stevenson uncie -j.x)m's uaoin Mrs. Harriet Beccher Stowe Vicar or Wakefield Goldsmith Water Babies ., Klogsley Whlttler's Poems Klngsley Window In Thruns J. M. Barrle Wonder Book . Hawthorne Dearborn, 303 COMMEROIAL STREET i i 4