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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (July 20, 1909)
DAILY CAPITAL JOURNAL, SALES!, OREGON, TUESDAY, JULY 20, 1000. MITH'S TRIAL I NOVELTY CLOCKS Something new in small clocks in four different colors. fcr.'ar values 75c, special 60c r v jirNL u i ieh i . iVm. ImW S"r-"1 JKtVT.ll ' MBMN V I ' nL filhirf11 if WHIi liill DffUNSW. Men's' Fancy VESTS AT SW l-!5 l'KR CENT LESS. These are this season's most stylish creations in fnncy vests nnu are. smart and drossy. For i present we uro offering em at the unusuplly reduced price of 1 -3 Off Men's Porous Fiber Underwear 50c values now 35c Big Four Sox Is an extra special that Is at tracting genorut attention, four pairs of good box In each bo. for only 50c. Ask to see the Big 4 Extra Special on Handsome EMBROIDERIES K POSTPOH Motion to Continue Argued at Length Yesterday and Case Continued to October Term. SWEET- Titoutrnt 25c values Uo 50' and -15c vnlues . . ;t7c Time etnlirolderles hnvo Just been received from the East and are th very latest mid prottlcxt pnticrns Tnko ndvnntngo of this offering for your Fall sewing Arm. m iw j r mi m t Jmfffiffl i J i taoKsacxxnm$zxmaiXTaa&nVM?Jt -s-jW v r' u rm -- it , . ..- v . ! '.r . OBJECTS (Continued from Page l.i mill temperance bill. lie adjured hem to u he their Influence for It and ho actually had to threaten thorn bo ru.e he could Impress upon them the urgency of the caw. After taking Into consideration four aflldnvlts. two being sworn to by Attorneys Carson and kaiser, ro i spectlvely. and two by Drs Cuslck ' and Williamson, respectively, regard ing the case of A. D. Smith, the man who Is to answer to tho chnrgo of "robbery, being armed with a dan-' geronis weapon," Judge Burnott yes-, terday afternoon stistalnod a motion I made by Smith's attorneys, John A.; Cnrson and'W. M. Kaiser for n post ponement of the case until the nor.t, regular term of court, Octobor, 1909. This was the first business trans acted by Judge Burnett nfter his re turn from Albany, C L McNnry rep resenting tho state, and Attornoys lalcer and Carson for tho defend ant, going Into the modern, legal nnd proline psychical nature of In sanity Smith entored n plea of not guilty last Wednesday, nnd this af ternoon his attorneys filed a motion to postpone tho caso on tho ground that they had not had sufficient tttno In which to Investigate It thorough ly. It bolng n very unusunl proceed ing and circtumstnncos rendering It complicated, owing to tho dofondnnt'fl III health, and probable Insanity., ! and the danger to dofondnnt's health should the ordeal of a trial bo forced upon him Attorney Carson, as stat-. ed In the nflltlavit, has been engaged I as an associate to Attorney Knlser but recently, nnd therefore he lini not had time, owing to other neces sary legal business. In which to fa miliarize himself with the case In i general, and he did not feol himself capable fully to render Justice to his client. Atttornoy Kulsor also I tntcd In his ailldnvlt that ho had been engaged on the enso but n short time nnd that to fully proparo for h u wouiu uo necoseary Tor him to acquaint himself with further points and Information regarding tho de fendant, and that In Justice to hit-, inanity, and to give hU client a fair , and considerate trial, he thought an I ext.nIon of tlmo would bo nbsokite , ly need's ary Attorney Knlser stated , 'n hit add reus t Judge nurnott that, , h. l.d not wish to Inconvenience tho ,couit nor jecure an unnecessary do 1 la of the trial, but. In lustlrn tn hln ell. m and hlnmolf. ho thought It no t more than fair that an extension hi ki Mined under the circumHtnncos. Attorney McNnry did not ngreo with counsel for the defendant, but thought that Smith would be capable ' of standing the ordeal of a trlnl. nnd ! ito witnesses. Drs Griffith and A Good Refrigerator SUMMER NECESSITY Yes, indeed, it is, and the purchase of a refrigerator is a most important undertak ing. It concerns the welfare of your health, and tho select'on should be carefully made, Our stock this season includes the famous McCray line, This is the refrigerator .with the eight walls of insulation of heat defying, cold retaining Insulating material. It's the In sulation that saves youi ice. With a ivlcCray there is absolutely no mixing of food flavors, There is perfect preservation of food. It has the most shelf room, The price is reasonable one you will be willing to pay and the McCray Is guaranteed to give absolute satisfaction, Mfrl.ti' m iMAQW sv'v'' n ,v ' r i r.4. Phone the jButcIierQuick ! What Butcher? E. C. Cross & Son. of course; e always (jet the best meat there. It Isn't necessary to go down to the market these warm days. Just call Main 291 and tell them to send you a nice steak, roast, boll or anything you want in the meat line and It will reach you on time and In first class condition. ENGINEERS HAD A PLEASANT MEETING An opn meeting whs held last night In Hurst hall by Salem lodge No. 2 of the National Association of Stationary Engineers mid about 50 of Salem' mechanics a-.tonded. 'lnlR organization Is tho only one of the kind In Ino state outside of Portland and Is a groat help to the many steam workmen in this city in solving problems which como at every day. Theso gentlemen meet onco n month and along with tho usual fes tivities such as refreshments and amusoments. an extensive talk is giv en by members on topics concerning engineering. Tho organization Is es pecially for the advancement of en gineering in this city and deserves union credit for the success it has attained. George F. Bauerlln is president and A. L. Brown secretary. Last evening President Bauerlln gae an interesting addrets upon the ganeral work of engineering, which was thoroughly appreciated. O. W. Shand, oue of the proprietors of the Salem Iron Works, spoke on the steam Indicator. Mr Shand Is an ex pert machinist and the talk he gavo last night on this little attachment to th steam engine was very in emting. A. B. S;rang also spoke on engi neering in general, his remarks be ing full of Information which will com bandy at Svnie tme to tho who head them. After tfa speaking all aat dawn to en excellent spread of ice cream and tonia iiu ri w, v-u .- - . fest was he'd over -he cigars The mie fining wuiimii who wh hii e,in. .. ..ki i .1 . r. ,7, .,....!..... ...iT. .. ......., .....1 1 ,nmith, testified thnt Smith wonilil not fiance was up tor office, but he could ' e Lan,.,?a,,erln,1 ;Jury aa tho ro not Induce her to cast her vote een ".'Li V, "U Hl ,h,K .u'r,n of "N11"1 for him. She maintained that, as tA!l"r"e.y MNvry. ProauceU his wit she never had cast the ballot she did 1 "?."" ,' offst:t iho motion for post- not wish to begin, though sho whs in raor of the parilcular party of which he was a member. In tho end her pastor prevailed upon hr and sho voted. That Is tho attitude of the women of Colorado. l'hey are happy to know that tho privilege is not. withhold from them, but they are n6t especially anxious to exercise tho rght. "I will admit there Is an Inferior type of women who rush to the polls as u means of grafting, just 11s a cer tain class of iuforior men use poli tics for their own ends; but It is this class of women that keeps tho con servatlvo home women nwny from tho pells: the latter shrinks from coming In coin. t wl h this other type of wo man. "Theie are women from tho be ginning of the world whose wit and intuition have been valuable in every ponement. and the doctors ilnwriiif..! Smith's physical condition during his Incarceration They both testlllod that his nberrntlon during the exam inations, which were ninny, wore as-' suiiied. and thnt he was partly the I cause of bringing on hN illness. Attorney Carson thru took tho I matter In hand, and said that he did 1 not think, nnd it wns not possible, that the testimony of tho two witness es stood for any more legally, or '"thcrwlse. than the aflldovif intro duced durlnc tho session, mid thnt, Insofar as Smith's physical condition was concerned, the nilldavlts of Drs. Cuslck nnd Williamson tended to show, nnd did show, that thoy were' of the opinion that Smith was not, In a fit condition for trial at this term of court. I There was but one o.uestlon in the mind of Jmdge Burnett, an that was line 01 iiusineM. art or politics. Those wnetner or not Smith's oondltlon are the women of influence not the would be bettered nnv bv lavlnir in women of power, who have only sue ueded in bringing troublo or unhap pluaas In their train. "rower was not Intended for wo man; influence Is more subtle, aud it Is a woman's groatest force. When woman seeks power It Is n groat ca lamity, not only for her but for the men ns well. "My wife and daughter shun poll tics, as do the majority of the women in Colorado. I bolevo that women wnnt the vote without the responsi bility which the privilege entails, and I agree that tho franchise should bo granted them, but I do not think that the vote is good for them nor thoy for politics. - o It Isn't the early worm that turns Into a butterfly. o It doesn't pay to believe only those things you know aro true. jail until tho next October term of court or have his trial this torm, urn ne eviqenny com to the conclu sion a potponement would bo in tho intorobt of justice and therofore Biistnlned Attorneys Knlser and Car son's motion. r:e'in: did not disband 11 " . ik nl nearb Notion to Contmctorj.. Notice Is hereby, given that sealed bids will be opened at a meeting of the common council of Salem, Oie gon. to be held on the 26th day of July, 1909, for tho Improvement of Kearney street with gravel, between the east lino of Commercial street and the we3t lino of High street, Jn accordance with the plans and speci fications adoptefl by the common council for said improvement, and now on file !n the office of the city re corder Bids will be received on proposals submitted by the city at torney, and must be in accordance with the specifications. Date of the first publication of this notice the 20th day of July 1909 isy order of the common council 7-20-5t V A. MOORES. City Recorder SUPREME COURT OPINIONS The following opinions were hand ed down by the supremo court teday: Ira B. Blgelow. respondent, vs. Co lumbia Gold Mining Company, appel lants; appealed from the circuit court of Baker county. William Smith, judge: affirmed; opinion by Justice Enkln. A. L. Naylor and Chas. Norlen, ap. pellaim. vs. C. H. .MoCulloch as muor of Sumpter. Or, respondent, appealed from the circuit, com t of Baker county. William Smith, Jude; affirmed .pinion u. Justice McBUde. Thlt. k a sut brought against 'he rtM-pcndein l, Nalor nnd Noit-o to emiJ Ihe luayqr of Sumpter 10 sign a warrant for 600 alleged to be da- ihem ou a contract to at a sewerage system ard the circuit com t rendered judgment in favui of .he major, from wMtti the uppeal is itK en The appellants base their appeal 1 i ' '. '. & ft MvYK'5a IH H I if)BMSj 1 tkji&dr3 fl u u vxi '5C!S)lt'. Mai ' Porch tiPOO' UM iudor Patented RE-ENFORCED HAMMOCKS This is hammock sw.nging weather and we have the ham mocks, If you are looking for real comfort, come in ana ex amine our Vuclor Patented Re inforced Hammock. It is the acme of all that makes for comfort In hammock construc tion, The Vudor is a fine ham mock for those who lke to read because when sitting in it it conies up against the back and head, giving a natural rest, As a swing hammock it has no equal, Not only does it swng best but it is stronger and safer Made in different shades, all of them pretty and desirable, Comfort ' - -'38y PORCH SHADES No porch is complete with out them, and you need them to get tho most out of your poich, To make it a spot where you can rest or work on tho hottest days uutdoors yet free from the tun's glare and heat, You can do this with Vudor Porch Shades; you can md to the house another room, cool and shady, where you may enjoy every refresh ng breezo in secluded comfort, They aro artistically 'stained in soft, pleasing colors, Those colors aro woathor proof and will not fado or crock off, All sizes in stock; we can fit any porch, A complete line of tents, fold'ng cots, chairs, camp uten sils, in fact, everything that a campor needs, carriod in stock, Como in and look this interest!ng line over, tmamsamm EB&KSUn on various matters Involved In a nil nor way, but uo supremo court holds that owing to tho contractors failure to begin the work nt a designated dute thoy forfeited the $000 which was put up to secure porformnnr-e of tho contract. State of Oregon, respondent, vs Joseph Parr and Samuel Gaston, ap pellants, appoalod from tho circuit court of Umatllln county, II, J, Boan. judgo; affirmed; opinion by Chief Justice Moore An appeal was taken In this case from 11 decision of the lower court convicting tho uppollurrts of tho crlmo of "robbory, being armed with a dangerous woapon." The ap pellants appealed on the ground that juugo Bean Instructed the jury that a pistol loaded with powder and lead bullets was 11 dnngerous weapon, and this instruction to the jurj was an error owing to the Indictment being void of such wording. The nupreme court iioiuh. However, that inasmuch as the words of In question were not lontalned In the Indictment, die low er court did not err in Its instruction. The appellants' counsel also ohjecu-d to another wording not contained in tho Indictment, It being: "and against lug will " In answer to this Chief Justice Moore says that the omission ' of these words did no nnd., h wrltrcn accusation ineffectual and so. ra. t. ran wumuivs mmru CREAM OR MACAI, KAimFIER WIS ferzA HMwSr' CtffJl I M Wy a 1 1 1 TUtkOTM Tu. Ptaitlt , Huh, and eitn JUt, uta Try tliui.lt on Mtutr, w4 k St dlt!oo. It bit ttood U lot fif 10 Ttftlft. Ald U to kunlwt t IIIOMI tuull 4 IU1I affirmed the judgment of the circuit WISIM Bllt H I JOf Flfm Nyssa, a municipal corporation, up pellunt, vs. .Malheur county, Oregon, respondent, appoalod from the cir cuit court of Malheur county, Goo. K. Davis, judgo; roversed and remanded, opinion by Justice McBrlde. Murk I'atton, nppollant, vs. James u. Washington, respondent, appealed irom the circuit court of Umatilla comuy, II. J. Boau, judgo, affirmed, opinion by Justice McBrlde, J. T. McUoe, nppellant, vs. J. W. Hockley, lespoudeut, appealed from, tho circuit court of Douglas county, J. w. Hamilton, judge; motion to re tax costs denied; opinion by Chief Justice Moore. State ex rel. James Harvey and U. B. Teter. appollants, vs. tho county court of Mainour county, Ii. C Rich ardson, county Judge, and W. J Scott, O. B. Glover, commissioners, peti tion for rehearing denlod; opinion by justice .Mciirme o Indolence Is a soporific that has 1 put many a better quality to sleep. o 1 ! woDtrlr mid. Acctpt&ooou&irr (ill c !mUf nunc Dr. L. A. bri tild to ldf cf lb ti.t ton ( fl:ut , "A, tou !td)t UI UW tbra.. 1 raeuraii at J 'Oaaraud's Orepio' u th Itut kiimfui r U itt tfln MpwiUD." ror ul by all dnuiuti 4 Fhdo O906 Uultii Id Ihi UslUd SUtw, CujmI ud KuruM, rCMLT.H&PXINS, Fftf 376rt Jtau Slittl, HtwTctt Ofelldrwn Cry FOR FLETCHER'S O ASTORIA CASTOR! A For Infants and OMldren. Tho Kind You Have Always lwtt