TTgBffifflrCTJWBMUau.
';..
,
I i
';
DAILY CAPITAL JOUBNAL, SALEM, OEEGON. THURSDAY, OCTOBER 13, 1004,
Stockton & Co.
1
,-
T tW 't' fe
Great
Closing Otrt
Sale
w
jc
AT THE
Dalrymple Sto e
PENLAND CASE
GOES TO JURY
Witnesses for the Defendant Examined
i , and Attorneys Make
Arguments :., ,
did not notice Mrs. Penland until she
was stepping between the cars and be
yelled at her twice, but waa too Intc.
Ho was standing about two cars and
one half from her atlhe time she was
killed. The train was preparing to spot
the way cars at the depot, while the
train men went to dinner. Jle -was
standing sideways to Mrs. Fenlnnd. He
was not aware of the opening in train.
The train men bad not made nn open
ing train for the purpose of pedestri
ans to pass through. He called "look
out" the first time he called, but did
not remember what bo called the second
time. Said the engine was stopped in
stantly when he gave signal, and the
slack thon ran out of the train, and
that killed Mrs. Penland, not the move
ment of the whole train. The othor
brakeman was standing two cars east
of Mrs. Penland, making a coupling.
There was an opening of about two
feet abont six feet west of the side
walk, caused by the slack running back
toward the engine. The accident did
not tear Mrs. Penland 's clothing. The
coupling was not violent. When asked
by Attorney Inman if he CQUld state
the exnet place of cars before acci
dent, he said he could, but could not
tell whether there was an opening in
the train or not. Also that thq brakes
were not set on the cars, but a board
was placed under the wheels to keep
them from running down grade.
Harry Prink, the other brakeman,
was next called. Witness stated that
be was making a coupling at the east
side of the streot car track at the time
of the accident. Testified 'th'at bell
was ringing, and engine' was moving
very slowly He wasstnnding with
his side toward Mrs. Penland. The first
time he saw her was when she dropped.
He nlso said that he did not know of
tho opening in the train. The opening
was caused by a flying switch failing
to couple. He heard Brakeman Clark
fllllimilllllllt
AMUSEMENTS.
iiiiiiiniiini n-r-f-n-
TONIGHT.
Grand "San Toy."
Edison Continuous Vaudeville.
COMING ATTRACTIONS.
Grand "The Husking Bee."
San Toy Tonight.
The production of "San Toy." which
John ( . Fisher will offer in this city to
night is by far tho most magnificent
picture of China and its people that
hai ever been staged in this country.
Th music and book of the play are
highly meritorious, and consequently
Mr. Fisher did not hesitate to speud
his money liberally in furnishing the
cast and equipment. James T. Powers,
who has not appeared in this city for
a number of years, is at the head of the
big ct, and will play the part which
he originated in this country. Mr.
Powers is a comedian of great ability,
in fact such a favorite with tho public
that of recent years ho has spent near
ly all of his time in Now York City and
London. Geo. K. Fortescue, who was
also a prominent member of the first
American cast, is likewise n member of
Mr. Fisher's company, as is Nagle Bar
ry Margaret McKinnon, John Peachy,
Josephine Xewman, Chas. Arling, Mina
Rudolph, Fred W. Huntly and Kntber-
ine Howlnnd, together with a chorus
of 06, a special orchestra and a produc
tion which was built on such a generous
tcale that it requires two 00-foot bag
gape cars to hold it.
PARKER
VISITS
LEADERS
New York, Oct. 13.-Judgc Farker
de his first Visit to' the Democratic "i
Tho case of Penland vs. S. P. Co. hesitate a ' momont before crossing
was .reopened this morning by plaintiff, I track, then start through train, Jhon
and'testimony produced on the age and J seem to get confused, and stop between
farnlngrapaeity of Mrs. Penland at
tho time ot tier dent".
Tho first witness called was Mrs.
(jnrey, sister of Mrs. Penland, who
lives about 12 miles south of Salem,
who testified that deceased was in the
bnbit of stopping nnd looking bofore
cresting the track
1 Homer Smith, the life insurance
agent, was next called. A book was
produced by witness giving tho expec
tancy in life of a woman 47 yonrH of
age, and offered It as testimony. It
was shown that hor oxpcolaney is W
years Said that life Was shortor with
females than nmles.
f First witness for defendant, Dallas
filmmaker, wis oxnmincd by Atttornqy,
Lifter. Witness riding down Commer
cial streot, and saw Mrs. Ponland about
it blook from 'train, and did net hco hat
again until lift or the accident. Open
ing was 4 to B feet wide between cars.
At tho time of the accident hu wat
standing tu the middle of the street in
front of tho Ited Front livory stable.
Didn't lint ire whether he aoulil hsr
the twin moving. Witness nw brake
man nwr Mm in the middle nf the
Street, tdgaalling the eafsiHa. Heard
some one call, "look oat," nnd Ht the
tMuiio time saw n object fall wader the
wheels of the cars, Did sot know of
iuiy obstruotioH lntween Mrs. Penland
and dh IswVjjhwu, bat there wight
nnvo"ifji m& ! 'bet'Wjan. tfcawi fur
all be -Baew. MMiced the aura mov
lug while he Wh earning down the
block. After a short erosc-cxamina-tion
by Attorney lnmnn witness ws
dismissed.
John linaniMft, a tU sngiMtit, Wlto
djrejK tho, ojdINtl May Vkh dfad
nut iHtrtMlHM4 as evidence, wns nnxt
culled. He testified vhnt Us map wi
(jorriiU Ab U the tttetanccc of lift
different ilnU in the Mnity. 1
Jicss tent I (led that he took phofett pa
Siieed ly dofntttlant of vicinity g
Aowlng, and stated front what ittiaJLa
the plnturex wore taken. Wfetm eracg'
examined wlt4nw Mated that plan ftf
f racks drawa In plat it w rrrai
sealo.
iW. 11 orgs ii, the Next wltnoM eslled,
stated he way smiting tm ir in
front of the WilUmoU hotel at the
tline..ef tho seoidom. lie saw l4y,
yihp later irevei tu le Mrs. Pwilswi.
tho train, and then was crushed. Said
outcry was made just about tho time
she dropped. Ho said she only hesi
tated about two seconds between cars.
Under cross-examination witness said
he saw several people, watching cars.
Mrs. Dyer, the next witness, saw Mrs.
Ponland near train. Saw tho brake
man in tho street signaling to tho en
gine. Sho was returning home, nnd just
as sho was passing Tho Journal office
yell "look out," and yell again; he
thon ttcnt over to where sho fell and
picked her up. She was laid on the
ground just west of the firo hydrant on
that corner. He saw blood at point she
was picked up, but not where she was
laid on the ground. Witness was twe
ears from Mrs. Ponland when she was
crushed. Witnoss stated to plaintiff's
attorney, when cross-examined that he
was not there to warn people. S.
Thompson, tho conductor, was called,
and stated that he was at the freight
depot when Mrs. Penland was killed.
He was transferring freight, nnd heard
somo one yell, and went to investigate.
Tho cars on which ho working were
coupled to the one against which Mrs.
Penland was killed, and those cars did
not move when the others struck them.
Lawrence Hofer was the first witness
cnlled on rebuttal. Witnoss stated that
ho was at Tho Journal office just before
saw trnin switching, so slnckened hor tho nceidont, and raw Mrs. Dver and
speed so as not to have wait at cross- two boys pass. After the aceident Mrs.
ing. Hoard some ono scream, but did Dyor turned around and started bask,
not secyyho it was. When cross-ox- and witnoss asked her what was the
atnined she stated she dirt not see any matter.
opening in the ears. Saw pool of bloot J lrF, Mary Caroy was called again,
nftor tho Resident. Couldn't say and etatod that she had erosed this
whothor blood was wharo sho was laid crossing many times, nnd tostified that
on tho ground, or whether it was at the J Mrs. Penland 's hosring was good,
plaoo she was killed. s. Low was recalled, and stated
W. M. O'Malloy the engineer on the tha' he lni ni-t woe any one standing in
trsdn which killed Mrs. Ponland, wat ' the middle of the street with a bicycle,
next called. He stated that the train and did not ace any one standing nsar
was mavjng very slowly, and tho boll the liyhoo Cfltib.
was ringing nt tho time of the acai-1 J). S. Kadabaugh was next oalled.
denU Tho ktudortt .fironiau was ringing and testified to the Mine effect as Mr.
the bell, and O'Malloy was receiving Low. On erow-oxamination witness
the kirwiIr. 'Hie tmin was stopped in said he hiw h lady assisting after the
three or fosr feet aftsr the violent htp accident, but Hid not see a woman with
signal was given. He did not know !ldeyele, and would probably have se-n
what whs tho matter when signal wyt her if she had boon there.
givw. but knew something was wrong, This closed tho rebuttal and the at
or violent signal would not have beau tornevg for oaeh side ware civen an
Rivsft, AWmn rosxain1iiea witness hour to nrene the ease, A Motion for
tid that n onld -mat bavo won the ' mm-suit t the end of tho ess wg
pises f the aaridant ifb hud been in ( overruled, as also wns a motion for a
kin proper soat on the right lis ad tddui direct verdict.
"Tho Huskin' Bee."
Our popular and much-esteemed lo
csl rcident, Mr. Upland Hay, is going
to give a largo "Huskin' Bee" on Oc
tober ISth. All the neighbors have
been invited. Neighbor Cornhopper has
promised to bo on hand, and is very
emphatic in declaring that he will make
things go some. O'Flannngnn has stop
ped his fall plowing, nnd is busy hunt
ing for red ears. Our friend, Sitand
whittle, is sharpening his huskin' pin,
and declares he'll beat them nil. Know
ing that his barn will not hold them,
Farmer Hay has rented the opora house,
and will charge an admission fee to
spectators. As ho is to donate the re
ceipts to the public library there should
be a large attendance, nnd the vncant
chairs bo hard to find. Evoryone come
and enjoy themselves. There will he
fun galore, cake walk, hey Bubo dance,
20th century belles, besides the wonder
fill Egyptian ballet, in which 12 of the
most graceful young men in town will
take part. The music, seductive and
rythmic motions of the different fiir-
nres will display the grace and beauty
of theso fair "maidens." It will be
the regret of your lifo if you miss it.
So secure your seats erly,Rnd avoid the
rush.
The Edison.
The Edison lias a gttod program this
weok, and tho attendance Iibb been ex
oellont. The sleight of hand work of
the great Menlo is one of the best fea
tures on the bill, and he receives a
hearty welcome at oseh performance.
The singing is p to the wsual high
standard, and the patrons are more than
plensed with the offerings. Tomorrow
night there will be a change of pro
gram.
ma
national committee headquarters today.
Ho was unannounced, but found all the
managers at their desks, except Sh'e
hnn. He remained for half an hour,
talking with the various leaders, in
cluding Chairman Taggart.
o
University Won.
The University of Oregon football
team defeated Albany College yester
day afternoon by. a score of 4 to 0. Eu
gene kicked a field goal during the last
30 seconds of play, on account of n
fumble made by the collegians. Chnun-
cey Bishop, of this city, refereed the
game.
GERMAN
MARKET
QUIEfl
Bernard King, the European hoph
', in n lottor to Tho Jourmi ,.7i
Joutnal, nS
The Egyptian ballet is a hummer.
Gtand Opera, House
.INO. F. CORDRAY, Mgr.
nsrEnsERE
THURSDAY, OCTOBER 13
Mr. John C Fisher
Presents by Special Arrangement with
the Augustin Daly Estate
SAN TOY
With
JAMES T. POWERS
Mina Eudolph Margaret McKinney
Geo. K. Fortescue John Peachey
Nagle Barry Josephine Newman
Fred W. Huntley Ctarlcs Arling
Grand Chorus of 56
And Special Orchestra
The Greatest Production of Musical
Comedy Ever Made in America.
Friecs-$2.00, $l.r0, $1.00, "oc, 50c.
Seit snle'at box office Thursday at
9 a. m.
dato of September 27th, savs-
"Plokinc is entirelv rnmi...,
u tm , "riwj ,j,
u uuUim, xuo yiciu is expectf(u
answer to fnrmor not!. ...- '
v..,,un.s. anJ
isfied to state that tho product feJ
"A rather quiet tone nroroii.i 1
our mnrket sin Mm l,ni..i
, , ; , " "-K'uig of ta
erop, out uuring tile last days, ik.i
dency has tiffened, and prices ,,,
vancing, as England, that has to JlHI
or u consHieraoio uetieit, is takitfJ
BU tjunuimes irom our crop."
The "Hey Rube Danen' u . .
-j iuc w
that ever came over the pike, bet tj
good to miss.
NEW TODAY
Wanted. Woman to pome to lious.
and do washing. Mrs. E. Hofer, Lin
ooln Park Place, South Salem. tf
but lmt lie wan nUHIsg oh the loft side
nt tbnt time.
It. fUsMit, the firtan en the fatfil
ttn, was next oalled. II wrs run-
Penland Case Argued.
At 11:0 the testimony was all eon
ehidixl, nnd the eort allowed an hour
to eftek M4o for argwnient of tho caeo.
. . .......
wg i us sngins wim .Mrs. 1'enlsnH vrntMr. Tarnor oped for the plaintiff with
"killwi. Trnin wns eotnc very tdowly n vrv viUtia b,1 luurtini imiit n
whon sigwil to stop whs givon. Vory the , and at one time had wanv of
MMt erv nt that point, sad sotlld not , the frionds Rd wembow of the Pon-
point of neidnt. Bell wa ringing Umi fnmily In tears. He was followed
Ht Unit time; ktudont fireman was ring-1 by Mers Lir and Blnchnm. for the
Ing it. An MtMgH' stp was mads, Southern Pacific Corupnny, who nlso
(tnnt i to giv the ng4ns all tho air made a vory strong and "skillful je
dW. Air is aptdM to engine and , senttttion of the ease for the defend-
nr whei Utsii. Sneine did not move ant eoroantlion. It wb t
woro tan one or tw tmt after air that Uh Jury wnM bo wp againbt a
wm npplM. Whon erocx mined very dimonlt ease to deeide, although
wiuMi HMtinl tnnt Wvr w m right the censrsl otdnien is that Tnrner i
Imnd Mde and Ull M n Win sidos lwuin nnvs wwkod vory hard, and
Mgin wnd out u vary btiB esse for the
uric, tne h.lcom i on the twin, jdninUfl; that wMH 1 vory hnrd to gst
n
w brxt nUUd, nnd mtd tbnt he
hyi tniinntttit in 4 ! nt ' 1 1 1 jt:t t'tYY''
railing Eye Sight Restored
If you have an trouble with yonr eves, your eve glasses wy not
lie satitfaeton I am most eerUin we esa oversorae the diffisulty.
Our lyitslme Lmswi are tho best in the market, nnd warranted to be
of beJutelv rrfet contruetion. Our iutrumouts for testing and
finding your eye defeets nro the latest invention, and we have lately
added one which will test your glasses tn sorb n way that you ens see
for yourolf if they are absolutely perfect.
Consultation end eyes tested free.
o-r. Mr. Inman olosed te ooxe in an
WMtuent iMMtoat U the jmy nt nnowt S
'ekiek.
Cume
Bee,"
nnd iangh nt "TU Hutkia
CASTOR I A
For Infants and Children.
Tie Kifid Yob Hays Always E&ugki
Sicaaturo of CL&fMZv
For Sale.
Cottage eostninlng seven rooms,
tlireo nsatries nnd ith ron, two lots
and lm. on Sooth High street, north
of IdneoJn wrhool For furthor partieu
lars call on owner at HU Oommereial
streat, seoond floor. 10-lx-St
Grand Opera House
Tuesday Evening, Oct. 18
Monster benefit for Public Library,
given by the Woman's Club.
"THE HUSKIN' BEE"
Directed by
Clara Louise Thompson
75 Local Amateurs in Cast
INTEODUCING LATEST SONGS,
CLBVEE SPECIALTIES,
OEIGINAL DANCES,
SOCIETY CAKE WALK NEW
PEETTY GIELS,
WONDEEFUL EGYPTIAN BALLET,
SPECIAL SCENEEY.
Written for laughing purposes only,
Popular prices.
Saves Two Prom Death.
"Our little daughter had an ik'
fatal attack of whooping cough m
bronchitis," writes Mrs. W. K. Hit
and, of Arinonk, N. Y., "but whafl
other remedies failed, we saved U
iio with Dr. King's Xew DiseoTet,
uur niece wco Had cpnsumption fa
advancea stage, nlso used this voile.
ful medicine and today she is perfetft
well." Desperato throat and taj
diseases yield to Dr. King's New D
covery as to no other medicine a
earth. Infallible for Conghj m
Colds. 50c and $1.00 bottles gnwi
teed by J. C. Perry. Trial botila
free.
The Yost
No. JO
iJM&Wnar2all fKS
Money to Loan
THOMAS K. FOllD
Ovfr Ijirld Bush - Hank Salm Or
The Machine Behind the IFne Work.
Excels all others In
LIGHT RUNNING
PERFECT ALIGNMENT
PERMANENT ALIGNMENT
EE OF ACTION
9EAUTV OF CHARACTERS
AND DURABILITY.
75,000 Sold
J. D. BROWN, Agent.
230. Stark Street, Portland.
C. M. LOCKW00D,
Local Agent, 283 Commercial Strtfi
Salem, Oregon.
We Rent. We Sell. We Exchnj
We Repair.
tliirAKf . Grrhnm
mmm u iff wwa wjmtwwmm iwj
ror Sa!e,-Mued same ehiehens. In
qwlre of Prd & Lamport, fcj Cow
woroial rtreet. 10-la-at
o
Lost, A Enpiif Settee pap, two
maatlw old; eoior, wnite, with Uaok
and-brewo spots. Suitable reward
Toward offered for any information
that may lead to the recovery of the
pill), Addreo or eati nt .loarnnl nf
fiao. 10-lMt"
Do You Believe in Slgn7
A marl:, note, token or symptom, in
dleates that by which anything way
be fcnowu, that is, we are forewarned
if ovil is ta befall ,or we have the
jrteaew of anticipation if the signs
bifiVon a fortunate occurrence. Aaci
flental ecoMrroncoe nil have their sigas
ovary disease has its symptoms. The
point is to heed the former, and coun
teract the affect of the latter. Spells
of sick headache follow indigestion
and stomach disorders, botching, Lib
itRs and dyspepsia are sigas ef
aiokaec. People that believe in these
sJgai and know that they arc true
from experience, can gat immediate
relief and a tfcedy core ly the ac of
Dr ituna'c Improved Liver Pilis. Sold
bv Urugjjista for i5s per box. Only
JPJSOJPXJE1S BAHGAX$IlhjJ$B
Out Great Sale Continued
For Wednesday and Thursday. See the wonderfo1
bargains we are offering.
SILKS
500 yards wash India Silk in all
colors; regular price, yard,
Mo; sale price, yard. ...... ..26c
SSc fancy Dress Silks, beautiful
styles and colorings; sae pr.59c
76e Muek Hustle Taiu Silks, a
splendid quality; wile price,
' 48c
$1 blaek Silk Poau de Sole, a
heavy, thick quality, satin fin
ish; price, yard 6Bc
$IM black Sjlk Penu ,le soi"
our faraeas brana a beantJful
soft lustrous quality; price,
yrd .y B5c
It Mack Rnstle Silk Taflltai'so
in. wide, a magnificent heavy
thick quality: sale price, yd s.U9
DEESS GOODS
Children's SOe school plaid drew
K4, pretty patterns, yard 12W.C
yanUpWin and fatcy Dross
Ooods, vrcu. p to H and
W yard; Ml, ftltt 1Bc R
C6c Scotch Tweed,, 40 in. w.
M pare wool, sale prf.e, .S9e
Special let f
T? evening
adec, wakHi.g,, A,MrW(J
"""" -, warth
ap to
19c
75e yard; special for this sale,
yard iic
$1 English Waterproof Pri
Geods, 5S in. wide; special
yard
$1.75 West of England Broad
cloth, 58 in. wide, a beautifnl
quality, yard JJ'
75c faney Brilliantines, beauti
ful goods for waists and suits;
prise, yard
WAISUNGS
1 Metallic Fancy Velvets, yd
76c Silk finished Velveteens, yd
$1.35 Silk Velvets, all colors, yd
$1.50 White Velvet C'orduror, yJ
S5c Crystal Silks, in all c-' &
60c evening shade Cashmeres, va
SOe faney wool flannels, vard 3
75c Pronoh Flannels, all shades
ROc Oxford Waistings .SOcSSC55
SOc Viouna Flannel Waistings l'
15e Dressing Sack Flannels yd 10c
LADIES' JACKETS
$5.00 Ladies' Jackets, sale pr
$7.50 swell Ladies' and Misses'
Jaakets 5JJ
$10 nobby Jackets, sale rr-e f'
$5.90 heavy cloth Capes 1
mJSECBEAPEST STORE IN THE vnRTmVEST.
Piensr Optician. 8S 8uU 8tr.t. Het door to Udd A, ori Bank
one Iot a dr
iloyBlothersXourt St., Salea
t i-i j t HIffWlM-H-Ht Mi H l i H 1 1 1 M 4
Pore sale tiDr ac Stone, druggist.