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LEWISTON DAILY TELLER.
Volume 25 LEWISTON, IDAHO, SATURDAY, NOVEMBER 10, 1900. Number 35 J T URNED H ER HEAD ^ot L p^ed E wearïng E (?ne E op H the NEW FALL CREATIONS FROM..?. ! m -— THE FASHION i X m i® m m m m m Tel. 15 A FRESH STOCK JUST RE CEIVED. THE FINEST CANDY ON THE MARKET SOLD ONLY BY DENT & BUTLER, Druggists r v — o r U u y ^ if'jwwwwyi TF IN NEED of a BUGGY or a 1 SPRING WAGON, LOOK at OUR STOCK WE H A V E SOME BARGAINS to CLOSE OUT :::::::::: FLETCHER HARDWARE COMPANY WOULD YOU ? Would you like to buy a box of writing paper, with envelopes to match, of the very finest Venetian Linen, Prince of Wales Blue Kid, Hurlbut's Old Dorchester Bond, or Hurd's stock? We have just 100 boxes and not one box worth less than 25 cents, from that up to 75c, hut if you call soon you will have your choice at 15 Cents a Box We'll Tell You Why When yon call. Dont forget to guess for the $600 Piano when in the store Mail order customers will have the check sont KJ0S ft 0 Why Pay 25 Cents for a Collar ? -e LION BRAND COLLARS Are all linen. 4-ply, made in all the latt st Styles. .* i.a cost only 15 CENTS We have just opened a large shipment, all sizes and all the newest shades. If you have never tried one, do so now and see how good they are. THE FAIR i TRIAL IS ON Case Against the County Commissioners in the District Court. ANSWERS HAVE BEEN FILED Commissioner Black Denies Cor ruptly Receiving Fees—Stookey Testifies—Records Introduced. The case against the oounty commis sioners was continued this morning in the district court, the time being taken up principally in receiving testimony from County Auditor Stookey, the prose cution introducing record proof of the al leged fees and per diem charged hy the commissioners against the county. Commissioner Black yesterday filed au answer to the complaint of which S. O, Tannahill is informant. In article one of the answer he admits the allegations as contained in paragraph one of the complaint with reference to his being a duly elected and qualified commissioner of Nez Perce county,and in paragraph two denies that he knowingly, or corruptly chatged certain sums or cor. ruptly collected the same from the county, as alleged in paragraph two of the complaint and further deniet that the said charges (set out in paragraph three of plaintiff's information) against' the county are illegal fees and denies further that he knowingly, willfully or corruptly charged or collected fees and per diem (as set out in the complaint) from Nez Perce county. There are eight paragraphs denying his corruptly receiving fees, etc., as set out by itemized statements in. the com plaint. For a second further and sepa rate defence the defendant alleges that he has been a farmer by occupation and in no way engaged in the practice of law or study thereof and has held no office under the laws of the state, except as a road overseer, prior to being present county commissioner, and he denies that he has at any time during which time he has held office as county commissioner, knowingly, wilfully or intentionally made any illegal charge against Nez Perce county, and that all charges in his bills were made in good faith, with an honest belief that the same were correct and proper charges. He also states that defendant has, prior to making these charges, consulted with certain attorneys with reference to the charging of the days that he had actually been occupied in his coming from and returning to his home 33 miles from the county seat, and attorneys advised him that he was en titled to charge and receive pay for each day occupied in coming from and return to his home, the same fees that he was entitled to charge while the board was in session, and in view of this advice made the charges as set forth. He also noticed in the records of said commissioners court that his predeces sors had made similar charges for similar services, and he also says he received from County Attorney F. Datiford, both oral aud written on the matter, the written opinion being as follows: "To the Board of County Commissiou ers, Gentlemen: It seems to me that a fair construction of the h ws of this state authorizes the members of your hoard to examine and inspect the roads of your respective districts for the purpose of de termining and directing the kind, char acter and amount of work to be done in the several road districts of your county, and that the law under such circum stances authorizes the compensation therefor. Any other construction of the law, in my opinion, would preclude the idea of your properly directing the work required of you under our statutes. "Very Respectfully, "F. Danford, Pros. Atjy." The third defense is taken up in eight paragraphs setting out that the items charged for were a part of the county ex pense. The fourth defense is that since the filing of the information ' and since the decision of the supreme court in this cause, defendant, acting with the other members of the board of county commis sioners, assembled immediately upon re ceiving information of the decision of the supreme court in this cause appointed and called a meeting of said board, so far as the same had been received by him and all sums complained of in this cause, immediately back into the treasury of Nez Perce county and the de fendant has on the 30th day of October, 1900, paid into the treasury of Nez Perce county and received a receipt therefor, a sum equal to the sum alleged to be ille gal charges set forth in the infortnation of the plaintiff in this cause, together with interest 011 each item from date of presentation of bill until paid, at the legal rate of interest. This is followed up by prayer for dismissal. Before taking a recess until 1:30 this afternoon, Judge Steele explained to the attorneys and all parties interested in the action, that he intended to try the case in the spirit of the statutes and asked that all prejudices be eliminated in the mat ter, merely asking that the case be pre sented on its merits. He stated that be cause the supreme court asked for a trial in 20 days was no reason that he should wait that length of time, but desired to close it as soon as possible. He also said that recently the supreme eourt in a similar action held that an attorney's opinion does not exonerate.a person from liabil ity when a wrong act is committed, which is practically saying that ignorance of the law is no excuse for a crime. Defendant Isamau filed an answer, which is practically the same as the an swer filed by defendant Black. The an swer of defendant Johnson will probably be filed tonight. Attorneys for defend ants are, Miles S. Johnson and E. O'Neill and for the prosecution, J. 1V. Reid, B. F. Tweedy and G. W. Tannahill. The afternoon session of the district court opened and the prosecution placed County Treasurer Hastings an the stand to show by him aud his records that the diffeifent warrants issued for the charges had been paid. Commissioner Isaman was put on the stand in his own defense and occupied fully two hours in explaining the differ ent transactions, such as fees and per diem, which were charged as set forth in the complaint. He testified that the charges against the county were made by him while laboring under the belief that he was not committing a wrongful act and was entitled to the moneys received. It is not likely that the case will be concluded today as Commissioners Black and Johnson will go on the stand in their own behalf. Judge Steele will leave for Mt. Idaho Monday where he will hold court, after which he will return here and conclude taking evidence in the case. Rascal Indicted. Phoenix, Nov. 9.—C. W. Harris, the magnetic healer of Los Angeles, was this morning indicted by the United States grand jury for unlawful cohabitation with Mrs. Claus Binlord, wife of au attorney, and daughter of C. C. McComas, promi nent iu Los Angeles society. The pa rent claims Harris, when giving treat ment, hypnotized the daughter and will try aud free the latter. Harris' wife is in Los Angeles. Salisbury Criticised. London, Nov. 10.—Lord Salisbury's speech at the lord mayor's banquet last night, in which he expresses extreme satisfaction over the election of McKin ley is the subject of much comment, some of which is unfavorable. The Star says: "It was indiscreet of Lord Salisbury to congratulate Mr. Choate so effusively on the victory of McKinley." Lenz Will Contest. Columbus, O., Nov. 10.—Congressman Lenz, McKinley's bitterest foe, an nounces his intention of contesting the election of Emmet Tompkins, his suc cessful opponent, in Tuesday's balloting on the ground of his having spent more money than was permitted by law in his canvass for votes. Pinkham Dead. Lynn, Mass., Nov. 10.— Charles H. Pinkham, proprietor of the Lydia E. Pinkham Medciue company, died this morning aged 56. veteran. He was a civil war $5000 Damages. Nsw York, Nov. 10.—The jury iu the Howard Gould case this moruiug re turned a verdict giving Valet Mowbray $5000 damages. a is BRYAN TALKS Refuses a Ten Thousand Dollar Offer to Edit the Denver Post. HE WILL STAY IN LINCOLN And Continue to Fight for the Principles Which He Believes to Be Just and Wise. Lincoln, Neb., Nov. 10.—Bryan to day replied to the Denver Post's offer of ten thousand dollars a year to 611 the ed itorial position on that paper and eavs; will remain in Lincoln and continue to defend, with tongue and pen, the prin ciples which I believe to be right and the policies which I believe to be wise." Mcb at Navasota. Navasota, Texas, Nov. 10.—The jail at Anderaon which has been besieged for two days by a mob trying to secure the triple murderer may soon be relieved by the militia, Shota were exchanged all day yesterday and today by the besieged and besiegen. It is reported several were killed and wonnded. Adjutant General Scurry is now there trying to re store order. The sheriff who com' maitded the besieged force, pfofiiiaed to leave the county if guaranteed safe con duct. Bailer Honored. South a mpon . Nov. 10.—General Bui 1er, who arrived from South Africa last night, was today escorted by the mayor and corporation to the Hartley institute where the freedom of the city was con ferred upon him. Enormous crowds gathered about the institute aud cheered him. After the ceremony Bui 1er boarded a train for Aldershot, where he will re view the field maneuvers this afternoon and be one 50,000 witnesses. Saison on Trial. Paris, Nov. 10—The trial of Saison, the French mechanic who tried to assas sinate the Shah of Persia, in August, le gal) this afternoon with the courtroom crowded. The prisoner appeared indiff erent to the court proceedings. He ad mitted his guilt, and exclaimed, dramat ically: "I'm an anarchist." Gen MacArthar's Report. Washington, Nov. 10.—Gen. McAr thur's report, written Sept. 1, was made public today. Every question on the Philippines is treated and the inference is drawn by many of those at headquar ters that if the United States is to con r 1 * TAKE YOUR PRESCRIP TIONS TO THE Owl Drug Store Coban Aftnlrt. Havana, Nov. 10.—The various aom mit tees ready to reportât Monday's sc* •ion of the constitutional convention for Cuba and politicians believe the oomiag visit of Secretary Root tobe foil of sig nificance. Some newspapers thinks the visit means the granting of abaolntt inde pendence immediately. • Leiter Denies Römers. Nrw York, Nov. 10 —Joe Leiter baa just returned from Enrope. This 1 he denied that he won $25,000 in a 1 game. He rufused to discuss tha that he went abroad in pursuit of Mn. McKay Leroi, with whom, it ia said, ha ia in love. quer the Philippines it moat Be try sheer force of arms. Scows Frozen In. VicroniA, Nov. 10. — Advicsa from Dawson state that 120 scows are frocen in the river between Dawson and White Horses loaded with supplice. Three pas senger steamers will be built st ones for the Yukon travel. Army Reorganization. Washington, Nov. to.—'Thu war de partment has drawn up its plan of reor ganization for the regular army. It Will consist 85,000, 3d infantry regiments, is cavalry corps and artillery equivalent to 12 regiments. Ferrell in Death Care. Columbus, Nov. 10.— Root Ferrell, the condemned murderer of Express Messen ger Lane, was brought here this horning and placed in the death chamber to await the date of his electrocution, March I. Blizzard in Chicago Chicago, Nov. 10.— The real thing In the way of a enow storm and blisaatd struck Chicago this morning and wilt pass east over the lakes, according to tha weather bureau. Headqoarters Abandoned. Nrw York, Nov. to.—It is breaking up day ut the republican national head quarters and general farewelle are being paid this morning. Hanna goes homo tonight. Weather Repart. Lewiston, Idaho, Nov id, 1900. Barometer 30.53. minimum in last 34 hours 33, maximum in last 34 home 56, change in 34 hours, 8 . Wind—Direction, west; velocity, light. State of Weather—Clear. Weather Forecast—Saturday: Fair to night and Sunday; warmer tonight. Weather Conditions — A very pro nounced "high" ia now central north of Montana, where a pressure of 30.76 in ches is reported; loops extend from this centre, southward along the Rocky Mountains, to the Republic of Mexico; a depression overlies California and an other the Upper Lake region. Clear weather is general except over portions of Oregon, Washington, and the country under the influence of the eastern "low." Precipitation is reported from North Dakota and Minnesota and mow was falling, this morning, at Bismark and Duluth. The "high" is causing decidedly cooler weather over the northern border states and the British Possessions. Indications are favorable for the rapid southeasterly movement of the "high," with fair weather for Lewiston tonight and Sunday. Frank L. McClintic, Official in Chaige. HOW ABOUT XL PAPERING that XL ROOM THIS FALL. It won't XL cost much.......... We have ALU. XL GRADES AND STYLES OF 4L WALL PAPER AT THE RIGHT PRICES.............. Thatcher & Kling