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Capital journal. (Salem, Or.) 1893-1895, October 12, 1893, DAILY EDITION, Image 4

Image and text provided by University of Oregon Libraries; Eugene, OR

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn99063954/1893-10-12/ed-1/seq-4/

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""' '""'' ,rT'i I1 I, ' rMMg-8TJiB'-itiV-.-i1'iila-ii.iii
Greatest Stock o
Hosiery m the City.
.307 Commercial Street.
Going otif of Business
Everything Mtist Go.
25 p;r cent off on all Larape aud Toilet bets.
20 " " Dishes aud Glassware.
25 ' " Teas aud Spices.
20 " " Bottled Goods, Preserves, &c
15 " " " Cauned Goods and Baking Powders.
10 " ' Package Goods, Soaps, &c
5 ' ' ' Coffeea, Sugars, Ac.
j9Come early, as we will not stock up in aoy line after it is sold out.
SROAT & GILE, Burke Block, Below Postoffice.
High State
and Alleged
- IK -
Yea are going to build or make any Hud ol
Improvsmeat, call oa the urderjigned lor
material, have a complete stock, and art
ready to supply any prepared contract, sewei
work, grading, etc.
Salem Improvement Co.
Fraudulent. There Is no physic
ian In Salem or In any other place iu
Oregon except at our institutes iu For
est Grove and Boseburg, who baa the
Keeley treatment to jjive, or who has
any authority to administer such treat
ment, and any doctor claiming to give
it Is perpetrating a fraud. Ne iber
have we any agents arouud to obtalu
patients either on commission or salary,
We have many respectable frieuds who
speak good words for us, aud no work
men at "so much a head." Frauk
Dayey, manager Oregon Keeley insti
tutes, d&w
Mrs. E. M. Lafore, Misses Cusick and
Boise .were passeugers for Eugene this
Mrs. Munly, of Portland, is the
truest of her son, tbe governor's private
Col. Eddy, of the railroad commis
sion, Is in Salem today.
Mr. E. H. Burr, of Calcutta, India,
sa guest at the home of Hon. B. F.
Bonbam, Highland.
Kinderqnrten. A meeting for the
organization of a mothers' class will be
held at Miss Ballou's kindergarten
.rooms, Friday, October 13, at 2 o'clock.
Ladles of all ages, married or slugle,
are cordially Invited. The object 01
the organization of this class is the
study of child nature aud tbe govern
ment of children according to Froebel's
That Robe When Lawyer Mc
Glnn drew that robe of Innocence
around his client in tbe circuit court
room last night Harry Simon could
hardly tell whether ho was on this
earth or in the streets of the New Jeru
ealem. But looking around aud seeini:
his lawyer ho concluded be must still
be on earth.
The Elwood. This popular boat
will this year resume business on the
lower river. She came up from Port
land yesterday evenlnir with a heaw
load of freight, Including 200 reams of
print paper for the Capital Journal.
She will come up agalu Saturday. Al.
Herron ia attain their agent.
BoATitsa. The new Portland pas
senger steamer Altonaweut up to Al
bany Wednesday evening, returning at
7a. m touching at the Boise wharf
for a moment and speeding ou to Port
land like lightening. She will be up
jfimay auernoon and run to Albany.
Prices Cut. Be sure aud call at 07
Btate street for New York wholesale
prlceionwall paper. Iu fine gilt pa
par the price Is cut from 60 cents to oO
and 40 cents. In common paper from
25 cents to 10 and Id cents. Call early.
1012 tf
To Grand Lodge. The following
dolegatiim from Salem are at the K. T.
grand lcxLre m Eugene: Win, Miller,
vr. vr. umia, it, . u.au, W. II. Byrd,
H. 8. Jordan, F. C. Perrine, E. M. La-
fore, P. H. D'Aroy aud E. B. McElroy.
Efficient Help WANTHD.-TUat
Ij what every business should have,
and It ia one. of the reasons why J. A.
van jcaton'a trade Is such a great sue
ceaa. Every detail of It 1b looked after
by men who kuow how.
Hugh H. Thompson is at Eugene on
a short visit The Second Regiment
band will give a series of promenade
concerts at Armory ball, commencing
Saturd y evening, OcU 14th. Admis
sion 10 cents The Salem Social
Daucing club gave its first ball last
evening at Reed's opera house. About
twenty couples attended The mis
ionary meeting announced at the Bap
tist church for this eveulng has been
postpoued until November 9tb, on ac
count of a mistake in dates, when sev
eral missionaries returuincr to China
will deliver addresses. A. H. Forst-
neris In Portlaud Children in the
uregon Kindergartens sang "Good
aiorutug, Merry Suushtue," for tbe
first time in weeks. We hope tbe
Presbyterian ministers won't bring
such a storm to Eugene Mr. and
Mrs. D. S. Kimsey and daughter, Miss
Grace, of Autelope, Eastern Oregon,
are tbe quests of Mr. and Mrs. Geo.
Ashby. They expect to remain at least
a month. The messenger boys are
all right Dr. Clinton T. Cooke, sou
of Mr. and Mrs. J seph ooke of Salem,
aud Miss Edith May Harris, formerly
of the Capital City, were joined in the
holy bonds of matrimony at Miunear
oils, Minnesota, on Wednesday, Octo
ber 14th. The wedding cards have
b en received by their Salem friends.
Tom Burroughs Is moving Into his
new store, which will be one of tbe
largest grocery stores in the city
Misses My ra Albert and Florella Phil
lips start for the world's fair tomorrow.
Miss Albert resumes her art studies.
Miss Phillips will also go to New York
and returns in six weeks. There Is
room for a nice brick on the Veraul cor
uer, opposite Holmau's block
Makkied. Owing to some mistake
Miss Magule Glrard and Thos. H.
Smith were not married at Chemewa
Weduesday, but at Salem today at the
resid nee of Rev. P. S. Knight. Miw
Glrurd's fath r wanted her to marry a
white mau but the young lady verv
teusibly thought she had as good right
to choose a partner of Indian blood as
hi r father had.
Tkk Cheapest. Have the Daily
Journal left at youroftlee or real
tfeatoa. Only 60 cU a month. By mall
Si eta a month.
To Wed. A marriage license has
been issued to Merov L. Nlihnir.,i
- --
r. ti waniess, both of Salem. Mies
Nichols was for some time caterer at
the hotel de Kulght.
Good Boys. The younir men em.
ployed tn the Lockwood messenger ser
vice are reliable, aud always please pat
rons with their promptness and Intelh.
geut work.
The casf of the state of Oreeon against
Harry 8. Simon, on au indictment,
charging that defendant had offered
Geo. S. Downing, as superintendent of
thestate prison 5 percent, dividend on a
tobacco contract, was tried before Judge
Burnett Tuesday afternoon. The court
room was crowded with spectators aud
the ablest counsel was employed on
both sides. Tbe jury was as follews:
Taylor Foster, A. J. Patton, A. din
ger, F. Parish Ed. Beck, C H.Benson,
A. E. West, W. R. TownEend, H. G.
Souneman, L. V. Eblen, T. Kirtch, ..
F. Ryan, were called. All of these
were accepted but Messrs. Patton, Ben
son, Eblen, aud Townsend; the latter
served upon a grand jury before when
the matter of this bribery was first
brought up. Tbe remainder could not
be accepted because of probable preju
dice. O. I. Morris, J. Alliugbam, V
Dencer, and J. L. Cook were drawL
and accepted by counsel on both sides.
After District Attorney McCain stat
the charge. Judge Bonbam opened tht
case for the defense. He contended
that It was not Supt. Downing' dut
to purchase tobacco for prisoners. Pris
oners were there for puuishment auc
uot to be indulged in luxuries. Tht
law did not contemplate appointing o
superintendent of a state prison to gi
out as such and buy tobacco for convicts.
Siuion was a political opponent auu
critic of the administration of Mr.
Downing. Tbe case had its origin ii
malice growing out of a political con
troversy. Downing and Governor Pen
noyer had ill will toward Simon, whi
was prosecuted to close bis mouth aud
aud to be forced to refrain from criti
cising this admiui&tratiou, and to puu
isb him for reflecting upon public offi
cials. .
Geo. S.Dewning: wus superintendent
of the state prison prior to March 1st,
1891. Simon had insisted on allowing
him to furnish tobacco to prisoners.
Gilbert & Patterson bad the contract
and were giving good satisfaction.
Simon asked him to call at his place
Monday at 2 p. m., went next day.
Simon said, We have talBed about to
bacco business long enough. I wil
give you 5 per cent., or 10 per cent
back, ou my bill. That has been done
said Simon, aud is perfectly leg ti mute
Witness said hetoldaimon a man would
rob bis dead mother who would otler
to lake a percentage ou a prisoner's to
bacco. It was his duty to purchase
supplies and it had been tbe custom ol
bis predecessors to purchase 8iipplie
for prisoners. This was objected to
and argued, defence claiming the cus
tom did not govern. Court ruled
that witness might say whai
supplies were. Prisoners were sup
plied twice a month with a blank
order sheet and tbe list embraced nearlv
everything In the market. Frleudf
sent them sums from 10 cts. to $5 or
even more. A book was kept and each
prisoner had an a ceo nut Prisoner
who work in the stove foundry goi
$2.50 to ?5 a month for good work aud
good behavior some running as high
as $100 to $150 a year. The state stove
works also made some allowance to
prisoners to buy such supplies aud to
bacco. The governor had ordered him
to furnish tobacco to all convicts work
ing in tbe brick yard. SImnu kuew ol
this practice and these funds and that
the witness bad tbe buyiugoftbis to-
oacco. fald 30 to 35 cts. a pound.
This was all in contemplation when
Simon approached him
Cross-examiued. Simon had oflered
to furnish tobucco for 5 to 25 cts. per
pouud cheaper. Outside of prize tnnuej
irom shops aud brick yards, it was tbe
prisoners' money, uot the state's.
Was uot on good terms with Simon,
who had appeared before legislative
committee as a witness against him
Had appeared before grand jury as a
wnues to nave Simon indicted. He
had no malice growing out of libel
suit Mrs. DiLeou had beiun slnai
Capt. Humphrey: Knew the parties.
Was present in March, 1891, heard part
of conversation between nnu-nin,.
and Simon. Downing wassavluir that
Simon was trying to bribe him. Simon
said It would be money In the state's
pocket If Dowulng would accept his
otler aud they, he aud D. divide the
Governor Penneyer: Knew Simon;
was governor of Oregon iu March 1S1,
8imon had talked with him in his of
He eald he bad. I had heard about his
trying to bflbe Downing and had
asked him for tbe purpose of testing the
matter. After he had made the con
fession he told him that there was the
door aud he could go out.
Cross-ex: He claimed he had ottered
'o sell tobacco at a reduction from what
he was paying.
Q. Governor, do you really think Si
mon was trying to bribe a public offi
cial. A. I dont think he was conscious that
he was committing a crime.
Overruled by the court.
Jos. Cavanaugh: Was shop guard at
time Simon matter came up. Simon
made him a proposition to intercede
and get him contract to supply tobacco.
Simon proposed through him to give
Downing 5 per cent, of net profits on
the tobacco contract. He wanted me
to convoy this to Downing. Made
this proposition after he was appointed
assistant warden. Same offer was
made In February before.
Cross-ex: Had once paid a fine for
Assaulting Simon. Simon asked him
u the links of an Odd Fellow to get
this contract.
McGinn moved thit court instruct
Jury that this case be dismissed as it
was not proper togo to the jury because
t had not appeared that it was the offi
cial duty of Supt. Downing to purchase
ibis tobacco for tbe prisoners.
The attorneys retired for consulta
Ion and then the defense called au ex
uperlntendent of the prison.
Geo. Cellins: Was warden and su
perintendent of prison, purohased to-
acco for prisoners with their own
uoney, and for the prisoners when em-1
nloyed on state work furnished money
for that purpose; such money was kept
is a separate fund.
Cross-ex; Purchased some tobacco
vlth state money for prisoners, per
mpa for one-half. Had 300 men at
that time.
H. 8. Simen: Never offered
grave Importance to the defendant.
When the state undertook to deprive a!
citizen of his liberty and establish a !
crime, it must prove Its case beyond a
reasonable doubt and to a moral cer
tainty. A man could not be convicted
just lecause certain persons stood high
iu authority. The robe of innocence
surrounded a man from the beginning
of a trial to tbe last word of the judge.
The jury was not here to wash the
dirty Ifnen of Dawning or Simon. Had
a crime been committed? Why had
not Downing appeared before be did?
Why did he jump ontp Simon only
after Simon bad appeared agaiust him?
It was a persoual matter from end to
end. It was persecution. It wa
venom and malice on the part of
Downing and. Cavanaugh. The time
was gone by when a man could be
prosecuted because ho had criticized
those high in authority. No complaint
was made until Simon crowded tbe
state officers hard and then they went
before the grand jury.
All tbe state had In this case was a
few oral admissions. To remember for
two years the words said about so im
portant a matter as involved a man's
liberty. Such admissions must be tak
en with distrust and tbe court would so
The district attorney read the lav re
lating to duties of the prison superin
tendent, and bribery, and reviewed
tbe evidence.
Ihejury after beiug out forty-five
minutes returued a verdict of not
d Goods, Old Chestnuts anc
Don't Pick Over None
of 'em.
You can get nice, clean new
goods, ALL WOOL, Home
Made.and Home Prices
0. 1 fatt
I The "staff of life" whole wheat flour
at H. M. Branson & Co's. 3t
1 --
int commission to Downing; Downing
said he could not furnish It at 25 per
cent, less; I charged Dawning with
dishonesty and drinking aud the gov
ernor ordered me out of the house. De-'
tilled conversations with Cavanaugh.
F. Deye had a true bill found against
him for forgery of a note.
Not true bills were returned upon
the cases of Geo. Fredrlcksou and Wm.
Conway who were bound over for con-
5 per dct lug a lottery during fair week.
9. F. G. Kennel, vs. Eric Ander
son; action for money; nonsuit on mo
tion of plaintiff.
32. C. P. Glover, executor of the es
tate of William Glover, vs. Lucy Sauu
Kuew what parties were furnishing to- ders, et al, foreclosure; W. H. Eagan
oucco for. CavauauKb said he could
uot get contract because parties furnish
ing it were on his bonds. j
No cross-examination.
J. J. Walton, Capt. L. E. Pratt, C.
A. Gray testified to general good char-'
acter of H. S. Simon.
Supt. Downing recalled on rebuttal
mil asked If Gilbert & Patterson were
on his bond. Cavauaugh had said,
they were. Question ruled out.
A. Bush: Was superintendent of
penitentiary under Gov. Thayer. Pris
oners boucht their own tobacce: was
uot supplies furnished by state; be had
Jecliued to furnish any. j
Dist. Attorney McCaiu: Testimony
showed tbat custom was for superin
tendent to purchase al! supplies for
prisoners employed by state with state!
mouey; this was not called In question; ments.
appointed guardian ad litem for minor
Irvine L. Lindsay vs. Ida Lindsay,
divorce; findings and decree for plain
till without costs.
70. Oregon Land Co. and H. P. Mc
Nary, trustee, vs W. H. Stubbins, et al
foreclosure. Motlou to quash service
of summons argued.
77. Jno. M. Wolford vs. R. David
and Emma David, action for mouey;
A. Bush vs. S. Z. Mitchell et al., ac
tion for money; ameuded complaint
Stella Mize vs. F. B. Mize, divorce
findings aud decree for plaintiff for di
vorce and one-third of defendant's real
estate described in the complaint and
for custody of the minor child, Mary
Helen Miz, and for costs and dlsburse-
Qood luck to vnn nnrt otvwI tn1r will'
be to every ene who take advantage ofourj
Neither a horse-ahoe or four leaf clover can
prtnz yu CUCh ODnorlnnillM Mm that
jour children po tn thn RtnraM.t kvI
Imuic mr iiieir Bcnooi supplies.
Patton Bros.,
IfcJooVcsellero and Stationers,1
JLcfjal Blank Publlsliers.
Bush's New Brlck.over the bank. Com'l street.
Beats Them All.- This yeubrab
the record of record breakloi;. Salto'i
popular grocer, 3. A. Van EtoD,brcfc
the record long ago for pleasing k,
patrons on the best goods, lowest prlai
auu iiuiuaesi uenvery.
Headquarters for all daily paMatl
J. L. Beunett's post cflice block cent
LITERARY and 111
Opera House. Friday, October 13, ill
8.ni. Miss Sara N. Brown, nntoS
me auspices 01 tne si. js.
welcome Tonight uu,H
Messrs. Miller, Bwafrord, Boiorth, LtrfttfB
Hnrnrth S
"CaTaUna" ! gill
M. A fvrou t
Scene from Romeo and Juliet Stuit.J
Miss Sara il. Brown.
a Le Jet D'Kau ritttl
b Valse, Op."l NoJ Stoiaifl
c L, Avalanche ttiI
-Mlui UlntlTB Mrn.
Wonderful Tar Baby Story
Alias 8an N. Brown.
lat hoars of Jean D'Arci Eorial
. . A! Us Maggie Alderson.
The Light lrem Over tbe Kance !.
iltis Sara N. Brown
paet II.
On Blooming Meadows lUTe-Oqi
juies jianae -Uirscnona iiau wiu,
a The Low Bocked Cr (with muslal u-
companlmems) Urol
d now UlrH Mtudv MB
the law did not say what supplies were,' J w- Beatty vs. T, F. Goodrich, ac
tion ror money; motion to strike ont
part of answer overruled. Demurrer
to new matter in answer argued and
same overruled.
Alexauder Spong vs. J. M. Spong,
action for money; demurrer toauswer
The "little wonder," five different
positions iu one picture, is now taking
the lead over every thlu in th e city, at
Cherrington Bros. if
Lace boots, headquarters at Krausse
1 asked him if he had nfi..r-i
Supt. Tjownliiga percentage on tobacco. Mr. McGinn: This was.
Heavy boots
KrausM Bros.
for wet weather
Th Hewwt thltif in footwear ladles
feet waraiar. Se them nt Krausse
Ttw nt cam of flrst-ciasa cigara In
Wm etty daw the ttuokent to Luun &
Jtoeafca Capital drug tore, Uolmau
White clover honey fresh at Clark A
Vermont maple syrup,! geuulne. on
lap. dally at Clark Eppley's. '
' HI.
Rubber boots aud ahon hav ,i.
vauced. but Krauo 11 n. m.i,. ,....
low pilees ou them Just the w.me.
Get your nice fresh caudleaatStrono i
rvaiauraut, 1
flW!,,m 3T3 fW3x kt. wm
or whether It was proper to buy tobacco
or not; their own Witness Collins testi
fied to this custom; there bad been
many conversations on this matter and
defendant fully understood the situa
tion. Tbe jury was to determine
whether Simou had corruptly offered
a bribe of 5 per cent to get this contract.
Simon knew that Downing was buying
tobacco for tbe state for prisoners em
ployed on the outside of the prison.
This crime was corroborated by Hum
phrey, and Cavanaugh aud the govern
or, as agaiust Slmou's denial.
John A. Carsen: The case was too
friviulous to have ever occupied the
the time of this court. Was Downing
actuated by high principles of morality
or by personal spite? He had allowed
five terms of grand jury to go by before
he appeared agaiust Simon. The mo
tives of the witues3es were plain. Si-1
mon had pestwed Downing a great
deal, Cavanaugh was a malicious op
ponent of Simon's. He bad violated
the confidence of brother Odd Fellows,
aud had assaulted him. Coming to
the ofler of a bribe, only 5 per cent was
enough to make Dowulng ancrv.
Humphrey did not corroborate Djwn
lug. The governor had no distinct rec
ollectlou of what took place. He was
cuKiwu huu mo auaira 01 tne wuoie r ,i r rw
state. The governor became angry at . wTy,vcr oi! ltn "VpO
Slmon and could recall only "per cent- Phosphites of lime and Soda
ago" and "tobacco" and Simon's state- has rendered the oil mnrp
ment was far clearer than his. Was it effective, easy of digestion
Downing's duty to supply tbe tobacco anA nlerant- frt Ua ?!
to convicts? Bush aud Collins had re- anQ Pieasant tO the taste,
peated this theory. It was In a private rnrwdbyScott - bi. h. y. Adrai,ti
capacity that the superinteudeut sup-j "' " ' ' -
piled tbat tobacco. It was not his nf-
cial duty. I
a case of1 '"c ULU ntUABLL
J. H. ALLEN, Prop.
The very best of meats at all times,
and the best of service.
3Oppoaite Wade's Store.
Bates, $2.50 to $5.00 per Day
The best hotel between Portland tad Ban
Pranclsco. Klrst-class In all lu appointment.
Its tables are served with the -
Choicest Fruits
Grown In the Willamette Valley.
A. I. WAGNER. Prop.
All&artfira K. Hmvn
a Spanish Dances No. 1 Uoutoirtl
p - - - u 2 MoiioMit
.airs. Florence B. Cartwright and AtiM Uluji
t Byrne
The Chariot Kaon Lew WEa
. Miss i-ara, N. Brown.
Flow Gently Deva PuijB
aiuss ejue carpenter and FroCZ a nm
Admission, 50 cents; children nodes
12, half price.
Reserved seata at Dearborn's without
extra charge.
In the Early Days
of cod-liver
oil its use
was limited
to easing
those far
advanced in consumption.
Science soon discovered in
it the prevetition and cure of
Scott's Emulsion
Manufacture Standard Pressed Brick,
Molded Brick In all Patterns for Kronts
and supply the brick lor tbe New Salem Cut
In't'nepuS.1 "" " uWS5
Yards near fenltentlary, Salem. Or.
Connecting and Primary Classes open
Monday, Sept. 25th,
house?0" Bd Ubert' ,lreu' opposite opera
For teachers and mothrrs will bepu October
24, at the same place.
For particulars apply to
Mrs. P. S. Knight,
Chatwin House.
Tujt south of the Methodist Church, In ailss, I
Kverythlng ne w and clean. Tables rn4
with the best of tTerythlog In lbs nurht,
Kreclal attention to comn.erclal titnm
Meals 15 cU, Beard and lodging irom ft Hi
WANTED Pufhlng canweer of rood
dresa. Liberal salary aDd eipeuia m
weekly. rermanem position nuu"
BKOb. Co., Nurseryman, PortHnd.Ortpm.
THIS PAPER U kept on file at E. C. Usui
Advertising Agency, 61 and 65 Mcrctuv
contract for advertising can be made bt &
J kinds on sale at 99 Uberty street. M-1
Watervllle, N.Y.
Hop Buyers.
Offlco above Williams & fcnetand's tasfc
Baleni. Growers invited to call.
9 16-tf H. C WHITNAJf, !
The britr W Saw
, And he doesn't bum np half your wooa.
fuel, when he saws It. Make youreoptnj;
with nun personally orlrave oroers at cstcu
clear store Dearborn' book .tore.lK bcmKH
street, or addresa me by mall. M,u
,.. .. . . 316 Commercial BtreeL Ralpm.
woo tne iiest block Bought. -,&- Only tbe Best Meats Sold.
" wrrvice.
Prompt delivery.-
x AlLUiv,
nlrfxrl? Cr"m ? S"" Ptori A-. No Alum.
used in LliUtons of Homes 40 Yoars the Standard
have made another big cut on the prices. Qua?ity L"Ei5d.
THOSE LOrMfV P.T.n a w
I - . . -w -w--r .K-. t
' own prS. ny priCe- Come ,n nd P,ck ODe out. Dd uke aw 8t JC8f
i.i iosnn too woriaroreniidmn. twim
nmnll. nf n.nKwA . . -,. .. m . Rtnrm nihhdta ..ama .i- .. . .
.wU.u . ui..uiu3 iu visu me isir.pieas- pnna . ....a UD1T dioch. just m.
ant daya, cool nights, delightful travel- mmuprT a MAOKlNTOSHES,
Injr weather. s UMBRELLAS, wiOTER DN1DERwm
Maximum comfort enmnt tn ni.i. I LA N2TEL8 AND BLANK ETH.
uircXhgo.vTjberp: WILLIS brothers & CO.
" eruUoe. Kee your nearest Union KA HOUSE CORNER. - - SALEM. OREGOK
Pacific agent fox rates or other Informa-1 Men'i a wsutki. -,.. . ojs,
Largest Gun In the World.
Is on exhibition at the great worlds
fair. ou ought to see !L This U the

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