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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (Sept. 5, 1904)
"'tcpww3 ' DAILY CAPITA. JdlTCWAis SAIUM, OSEdotf, MofrPAV, BEETBMbSB 6, 1064. faftfcaUai & v. GIBSON FILES REPLY iBIIHWRBi"WPWl" Y v CWtf-oF Police Denies the Uswer of Journal in Dog Case Donles that tlio or nny chnrgcs, or 'sup'osed or otherwise defnmntory words in plaintiff's complaint set forth rc cflcb, or nil, or nny of them, cither Into in substance or in fnct, and denied thnt tho words not forth in said defnm ntory "publlcntions, ns net forth 'in plaintiff's complain on file herein, nre true in nny sense, or nt all, and denies that nny df said defamntory words arc true. for Ms reply to defendants' pretend d second, further and scpnrnto answer to plaintiff's second ennso of action uenies mat tlio saia or nny nrticlo of news entitled "Claims Vog Is Alive," as sot forth in tlio plaintiff's second causo of action, was published nt the request of- plaintiff, or otherwise, or nt rtlirthflh lis'lft plaintiff' 's complaint, nnd hereinafter set ferth: nnd denies that aldjfffrany nrticlo published by defend ant against plaintiff as complained of in said complaint was or is an item of news nall; and denies that plaintiff ever saw snld Item, 'Claims Dog Ih Alive," or had nny intimation that such tanHtem-woulil bo published by defend I ants, for 'had nny Intimation whatever from defendants or nny other person that such nn Horn would bo published, until after tlio snmo hnd been so pub- lishedhbyw-defondants, ns nllegcd in ilrilnllff'fl complaint. Por n furthor nnd scpnrnto reply to defendants' pritendod socond further nnd scpnrnto nnswer to plaintiff's soc- nnd causo of action, plaintiff allocs. That immediately after ho had read the said item complained of in plnin tiff's complaint, entitled "Abuslvo (!n nine Catcher," plaintiff went to tho of flco of snld defendants, and Bnld to themj "You hnvff Hod, nnd you know you hnvo Hod, nnd you will hnvo to suffer tho consequonccs," nnd thnt said words wcro nil, nnd U16 only request or clcmuml made by plnlntlff for a re traction of said llbollous nrticlo so pub lished by defendants. Tor his .reply to defendants' pretend ed third, further and separate nnswer to both tho plnlntlff's causes of notion nnd . rpretonded mitigating eirctim stances. "rialhilff ndmlts thnt on or about tho " 17th ilny of August, 1004, plnlntlff did nttompt to, nnd did impound three '.dogs, but denies thnt they wore Im pounded ns nllegcd iu tho first article $or news tycm eomplalnod of, nnd denies Mhat tho snld dogs in golug to said pound were somewhut or nt all un. wlllrig5ta proceed In tho custody of the 'plaintiff, or thnt nny of said dogs other "'than thnt curtain blncknnd-tnn dog mentioned nnd described In snld first publication complained of wore unwil ling to proceed In tho custody of tho a Plaintiff, nnd doll! lllllf tlinrrtiuinn IL, - . --. ...... ....,. .,.,rlt Mill or thereupon or at any time or at all did beat, or abuse one, or any of said three dogs, fromutficffectsvof'whlch, or nt all tho said or nny of said dogs did die; nnd denies that said defendant did bent or nbuoc nny dog or dogs, and de nies that said or nny of said dogs at nil died from tho effects of said or any beating ut the hands of plnlntlff; nnd denies that snld plaintiff was or is pos sessed of n fiery, hot temper, or that plaintiff nt said tlmo flew Into nny par oxysm of rngc. Plaintiff denies thnt tho foregoing or any similar occurrence) wns reported to one of tho defendants' employes, one else; or thnt said employe thereup on, or nt all investigated tho matter in or nn nny ono clso; or thnt sail! employe thereupon, or nt nil inves tiated the matter in nn or nny endeavor to ascertain tho truth of tho or any similar nffnir; or thnt upon such or nny investigation the defend ants' employe, or nny ono clso connect ed with said defendants, wns satisfied that tho or any similar matter, so or nt nil reported to him, concerning tho or uny conduct of plaintiff, was true, or otherwise or at nil than ns aliened In plaintiff's complaint; nnd denies thnt thereupon or at nil snld ctnployo,ln good faith, or verily belioving tho truth of plaintiff alleges. tho same, or nny aiicIi report, caused tho said nrticlo entitled "Abuslvo Ca nlno Catcher" to be published in the defendants' newspaper, tho Dally Cap ital Journal, ns nn item of public news, or othnrwlso or at'nll than as alleged in plaintiff's complaint; nnd denies thnt tho snmo wns for no other purpose, or with no other motive; nnd denies thnt the said rcundnlous nnd defnmntory publication was or is an item of public news, or thnt the sumo wns nows at all; nnd denies thnt said Item wns true, or that defendant believes tho snmo to bo orue, nnd denies that tho said employe or defendants belle snld item to bo true Plaintiff admits thnt shortly after tho snld article was published, tho plaintiff called nt tho ofllco of tho snld defend- nnts, but denies that ho particularly ob jected to tho statement that tho de fendants hnd misdescribed tho color of tho dog thnt hud died; and denies thnt ho objected to nny other or less portion than tho wholo of snld scandalous and defnmntory statement ns alleged in plaintiff's complaint; nnd denies that plnlntlff's request, or ns n retraction of everything, or nnything offcnslvo to plnlntlff In tho said prior publication entitled "Abuslvo Cnntno Cntchor," published In tho said newspaper in good faith, an oxeuso or retraction entitled 'Clnlms Dog Is Alive," nnd denies thnt tho snld nrticlo was either an excuse or u retraction of sui'l first mentioned nrticlo; nnd denies thnt tho said last mentioned nrticlo wns published nt tho direct or nny instnnco or request of tho plaintiff; and denies thnt In publishing both, or either of snld articles defend ants acted in good faith, or without mnlico or ovll Intents or without nuv motive whatever of Injuring or annoy ing plaintiff, or thnt tho samo woro pub lished us Items of public nows only, or otherwise or ut nil than ns alleged in plaintiff's complaint. For his further and separate rcjdy to defendants' protended third, further nnd sepnrato nnswer to both tho plnln- twa cnuses of nctlon, nnd to their pro- leged in said answer, That immediately after Tcadlng the said item complained of in' plaintiff's complaint entitled "Abusive Canine Catcher," plaintiff went to tho office of said defendants, nnd there said to them "You have lied, and you know you have lied, and you will hnvo to make It right or suffer the consequences," nnd plaintiff nllegcs thnt snid words were nil, and tho only request, or demand ever mado by plaintiff for.' n retraction of snid libelous article so published by defendants; nnd, plaintiff, further al leges that ho did not know, or have any intimation from said defendants, or either of them, or nny employe of said defendants, or from nny ono else, that such an item ns the ono entitled "Claims Dog Is Alive," or nnything similar thereto would be published in snid Daily Capital Journal, nnd plaintiff gave no assent thereto, or to nny part thereof; and plnlntlff alleges that said nrticlo wns not published nB or for n retrac tion; and that tho aamo wns intended as n wilful nnd malicious libel upon his good name nnd reputation. o Nelson and Herrera. Iluttp, Mont., Sept. C Tho sporting element of Butto nnd vicinity is on edge in anticipation of tho fight to bo pulled off by tho Montana Athletic Club tonight between Aurclia Hcrrorn, tho Mexicun featherweight, and "Bat tling" Nelson, tho Chicago boy, who recently defeated Kddio Ilnnlon, of San Francisco. Tho match is consider ed tho best over pulled off hero nnd ns n consequence of tho widespread in terest tho club oxpects n record-breaking crowd at tho ringside. Ilorrcra is n great favorite in Butte nnd heavy wagers hnvo been mado that ho will disposo of tho Chieagoan beforo tho stipulated number of rounds hnve been fought. Nelson, on the other hand, Is In prlmo condition, and appears confi dent of his ability to get tho decision nnd tho long end of tho purse. Labor Day at Chicago. Chicago,-Ill., Sept. 5 In view of the unusual number of unemployed work men and the state of feeling growing out of tho packers' strike, extraordi nary precautions wcro taken to pre vent disorder nt tho Labor Day cele bration in Chicago today. Tho parade was tho ralgcst of its kind seen here In many years. It was led by tho Teamsters' Joint Council, with its fifty-two local unions nnd 35,000 mem bers. Of CI " u "ave doubtless hi ear bkm bb a. " sapanua now it makes! blood pure ana ncn, sones up um unvuus system, the skin, reddens the checks. Ask your doctor. ,0 RHEUMATISM plaintiff flew Into a paroxysm of rage, tended mitigating circumstances, nl Good 8plrIto. Oood spirits don't all como from Kentucky. Their mala source Is tho liver and all the fine spirits over made In the Bluo Grass state could not remedy a bad liver or the hundrod and ono 111 effects It produces. You can't have good spirits aud a bad liver at tho same time. Your liver must be In fine condition It you would feel buoyant, happy and hopeful, bright of oye, light of step, vigorous and successful in your pursuits. You can put your liver In fine condition by using Qreon's August Flower tho greatest of all medicines for tho liver and stomach and a certain cure for dyspepsia or Indigestion. It has been a favorite household remedy for over thirty-flvo years. August Flower will make your liver healthy and acUve and thus Insuro you a liberal supply of "good spirits." Trial bUo, 25c; regular bottles, 76c. At all druggists. At Dr. Stono's drug stores. o . . Columbus, Ohio, May 20, 1903. Six years ago I bad a severe attack ol Inflammatory Rheumatism. I was laid up In bed for six months, and the doctors I had did me no good. Thev chanced med icines every week and nothing they pre' scribed seemed to help me. Finally I be can the use of S. S. S. My knee and elbow joints were swollen terribly, and at one ume my joints were so swollen and pain ful that I could not close them when opened. I was so bad that I could not move knee or foot. I wasgetting discour aged, you may be sure, w hen I began S. S. S., but as I saw it was helping me I contin ued it, and to-duy I am a sound well man ana nave never nad a return of the disease. S. S. S. purified my blood and cured me 01 mis severe case of Rheumatism after everything else had failed. I have rec commended It to others with good re sults, r. h. Chapman. 1355 Mt Vernon Ave. The poisonous acids that produce the in fiammation and pain are absorbed into the blood and Rheumatisnf can never be con quered till tnese arc neutralized and fil tered out of the blood and svatem. S.mR goes directly Into the circulation and at tacka the disease Itself. It purifies and i- siurcs inc diooo. 10 a Healthy, vigorous condition. It contains no potash, alkali ot otner strong min' erals, but is guar- antecd entirely vcgetaoie. write us and our physi cians will advise without any charge whatever. OurbookonRheu matism sent free. The Swift Specific Company, Atlanta, Ga. "Tho College Widow." Now York, Sept. fl.-TIio first of tho Benson's new plays to bo scon in Now York this week is "Tho College Wid ow," which is to hnvo its inltlnl pro duction nt tho Garden Theatro tonight. The piny is from tlio pon of Ocorgo do and' is n satire, without music, on modem college lite. Bucklon's Arnica Hns world-wlilo fnmo for 1 curcR. It surpasses any ol,J ...w.,,.., u...t,..UIIb ,,r ualn jj uuniH, -lhiiiih, nous, sores F,ij cors, Tottor, Halt Itheum, l 11. .......-.,1 ir.....l. ni wiiuiiiiu-ii .ijuiiiim, own Kruptkl milium ior l-uos. euro pi,J uniy i)C at .1. u. I'orry's drug! Sure Cure for Piles. Itching piles produco molsturo and cause itching, this form, ns well as Bllng, Bleeding or Protruding Pile3 are cured by Dr. Bo-san-ko's Pile Remedy Stops itching nnd bleoding. wIth K1(lnoy lHsWB0 nml Absorbs tumors, wc a. jar at urug- tnrg Jlor mCtlicIno gavo hlm ret c si. or seni uy man. uvuum uuu. Write mo about your case. Dr. Bo- sanko, Phllo., Pa. Fore sale by Dr. S. C. Stone, druggist. Poarful Odds Against fllj Bedridden, alono, nnd tlestitutt in Dnot was tlio condition cN soldier by nnmo of ,T, J. HaVftl sullies, u. ior years ho wasi ncity PILES B-: 1 mrt ntrtDUtd If i juors Riinnnslfnm PILE WMJ.J4WU..-.JI D. Uttt. Thomeioa. Bast. ortdrt Bcto.n, BliuatllM, . V , vrll ; " l o.n "7 Umj J. U too eUlm for tbrai," Of, S X lor.r., Rar.a ImI. w. Ya.. write 1 htr f If t ttatrtrial itlU- ! ruUan." Dr. II. D UMU1. Cltrkibirr. Ttna . wtli 4. .r; .- . . . . .. r "ia ft prattle ar jtari, i aara ruaaa na rataatr, aoaal Toara. Pjucb. 60 Cirra. Bamplea Frta. taa. J Broalala. MARTIN fl'JDr, LANCASTER. M. Sold In Salem by 8. C. Stons. Call for Free- Bamplea, iiniiiiiiiiiiinmniiii' Vogct Lumber AND FuqJ Company. Rough and dressed lumber, sash, doors, lath and shingles, ash and fir wood. Salem Ore. Down town offlgo 112 Court Btreet. Telephone Main 2451. Ono block east of S. P. pas senger depot. length ho tried Electric BitUal him on his foot in short order j. ho testifies. "I'm on tho road t, .11 tt T Iiiuiu recovery." uest on tn Liver nnd Kidnoy troubles lorms of atomach nnd BqwcII plaints. Only 50. Qunrnntceillr i-erry, druggist. Old-Fashloned Picnic. Oyster Bny, Sept. 3.-PrcsIdcnt Roosevelt nnd fnmily todny nro enjoy ing nn old-fashioned picnic on tho shore of tho sound. No visitors nro expected todny. if AW " ;--'- .-nsm 1 valjW TW 1 s maJr Jm 1 H aJ i . "BBBHaWaBBWW ' Jwwixr 4 .4 ti ' J(Mt',' O- V0TL 5"cjuuk"tLiaaft i) i CUOKJ a. fEMPl, o-toc- p lAjOhsVV I w lw A- n fT 1FAMJIM :W. FAVORABLE PICKING WEATHER Yards Are Looking Well and Have Surplusage of Campers' Hop picking is in full blast in many yards and tho weather is ideal for tho work. livery yard roports n surplusage of pickers, and In tho Brooks neighbor hood, it is reported thnt 1500 men, wo- mon nnd children will not bo nolo' to gct jous. iiio nig nance ut, tho Krebs yard, near Brooks, on Saturday night, was at tended by 2000 people, tho largest crowtl ovor present at an opening dance Kvory night during tho picking sensou a duueo will bo held, nnd n number of other attractions nro nt Krebs City. Tho priio fighters nro getting in train ing, nnd tho bnttlcs will bo fought boiuo time next weok. Tho main event will bo between Freeman, of Oregon City, nnd Konny, of Albinn, both husky fight ers nnd hard Hitters. Bowers, of Mon tana; Sullivan, of Washington, nnd Kid Gullnghor, of Astoria, will appear In the preliminaries. Tho Crolsnu nnd Minto yards stnrtcd this morning with full crews of pickers and tho berry is in fino condition for picKing. tho Hops nro solid nnd fro efrom vermin. tllHlllllllll IIWI HUH Wlb? pay high rates of insurant I unexposed dwellings? TheoHl companies charge you ?3 for B ot Insurance, while for 75 yearly you can. get the amount by becoming a membei the Oregon fire Reli Association OF M'MINNVILLE, OREG31 a home companiy working fori insurance on a nome plan. Lett tell you about It. H. A. JOHNSON, Murphy, Blki H. A. JOHN80N, Murphy Block, Salem. Head olW McMinnville, Oregon. I 'S8aSBSSS8ltaaBM(MI MtWMfttjtiJMaMStSiMt I I tfi?j II L I" ThMrkMrwamrl I I 1 1 1 I oun why It Is that always fresh in the hottest meats would nro v)0 I I "nr Xjiwuiylli WiMfrs- : sSiZ Modern Woodmen at St. Louis. 8t. Louis, Mo., Sept. .5 Ono of tho biggest frnterunl gnthering of the summer is tho national encampment of tho Modern Woodmen Foresters, tho uniformed runk of tho Modorn Wood- men of America, which opened at tho world's fair today. Huuttreds of mem bers of tho order nro in nttn,ir..... from Illinois, lown, Xebrnskn, Minnc sotn, Michigan, Missouri, Wisconsin, tvnnsns, Indiana, and other states. Ono of tho ehtef features of tho oncamp ment will be tho competitive drills. Five thousand dollars In prises will bo distributed among tho winning teams. -Ill) Honor of Irish Leaders. Philadelphia, Sept. 5.-A demonstrai tion in honor of John K. Redmond, the Irish leader, nnd his associate onvova of the Irish Parliamentary party, was tho chief feature of the LW iw icnu.ru. uu , i-aiiaiieipuia today. There wns u large parade of the An cient Order of Hibernians ami the several Councils of the United Irish League. After the parade the Irish envoys wer escorted to Washington Park, whore they delivered uddres. before an immense crowd. A P5EP INTO ICE HOUSE win Bnow you our meats nro and appetizing weather, when spoil If not properly cared for. It would also show some of the fattest sides of beef, tender and lino quarters of lamb and ! mutton. Our meats are hljb ' grade and low priced. E. C. Cross. State Street Market HiHlalHHaattai.a.. - - . -"'"'-mmwmmwmmwmm9m9999999m99mmmim Phene: Main 2953. WORK DEUVERED WHEN PROMISED 193 Commercial St. Orer The Journal, GOOD PRINTING AND SrMj t I KCA I MFVTtwoareco "IS u?S?A t ot of the poor .ateUlfJS J-i""ir "?? ",p. V"r kuovvs a good thine, andt eneo 1. ft'"" ..i9P, ?'OKHP . In M r.Ht In wn- 1 i ' "uppiieu oy tne other feuoij ueiin your orders onrlv nm i m ... I j .,mu ,a (suillUg Hliuri. THE N. D. ELLIOTT PRINTERY J3 .omtucrcIal St., Salem, Or. f ll frirt.h 1 1 irli Mm ill WjT PwMm wTSmyJM MsiwB .. u Rik. jrfivrnm wiaiaim THE PICK OF THE FOREST Has been taken to Bupply the Btock lumber In our yards. Our tock J complete with all kind ol lumhw Just received a car load of No. M sninglea, also a car of. tne hO, We are able to an any and oil W; of bills. Come and lot us anow r our stock. ! Yard and office near 9. P. pMenV rlAruif ini - . r -"-w x-uono juain 651. (fflCMT- UOODALE LUMBER ca 4i ,., , ...it! BttMtit i"3pct.xjaa,. MWHWTWBWimariBll iwm&c ofafe'an'!?,''1':'''""'''"'''': - xuu ivciail l-iamllvr T 1 ar-a. Full line of ,.,! .E,N' 258 Commercial street I McBrier brand-the best for l,?dMljr00k Isky-f0nMrly tht 1 t Hrered In the city limit, LL T' A order, filled and J " " " 1 II f ii 1 1 a . .I,, "" aiain 1151. 1 WIHtltMIHK1 T iaaaatkaLT -- ,.. - ;; OREGON STATENOmulT.'.'!' "" 1 1 a lu 'LrLS'AL SCHOOL, MONMOUTH r"""ww U. 1IHM T?.. a. - ; ,' "wumg equal opDortunm . ur Mrma lv c0 Bcao tembor, N0vembe, biSS !- M. f.r Inning a course In Sep- ' ' ""u Aoni. year, affording la thft v T?E BESTTRAIHINfJ can . ""'""! wourse wth i, WM 'cauhcrs 8M. Write for ne; ca J,o,t!flftas8Uranc0 of good position at good corning course 0f study SfL? T fuU formation con mi conditions In town and countf & ltUal teachinB horded Ttnder pranced course of study lth l details about Addrees Secretary, j. B. T'v ll additional advantage attached "woamouth, Oregon. " or p"Ident, E. O. BE89- I I I I II 1 ' (I I I II (I I I II I I II sWH wWlllllllHl w 'UiwrMWsWO , ... 'iMW.tiliiirrit1 i"i? ,M
