The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1893-03-10
ArrrRNooN SESSION.

sumed by c. w. Fulton.
/ wrote the "Excoriation" at the re
quest of Mr.. Dunbar. It was put Il
the paper the same evening as I in
tended to put in the original commu
nication. l got the reference to Berg
man from the Examiner. Mr.. Berg
man had agreed to support my resolu
tion; He agreed with me to do so. No
all the other councilmen agreed to d,
it. think all but Welch and Lewis
and McGregor, who had partially
agreed to do so. did not see Lewis
about 1t. 1 saw the rest of the coun
cilmen. 1 drew up the resolution fol
the council to purchase my books, ant
Parker was to introduce it. The I'm
mortals" article was inserted in the
book and the title changed after this
1 asked Dellinger, who has an Office In
the Budget Office, to publish my book
He would not do so, as Mr.. Dunbar
| objected to it. / don't recall what Sc.
lig said about publishing it. 1 said ]
could get plenty of printers to publish
it.
Re-directly examined by District At
torney Barrett: The matter relating
to Mr.. Bergman. Bergman urged in
the council that Dell wished to sell his
books, and for that reason he voted
against the ordinance. 1 got these
statements from Curtis and from the
Examiner. Bergman afterwards cor
rected his statements to me, and If 1t
is the truth as he stated, I owe him an
apology for misrepresenting him.
saw Elmore the morning after the first
article published. asked him to re-
tract. 1 thought he was running the
paper. 1 did not then know the editor,
the alleged Australian scrapper. He
was pointed out to me afterwards. l
addressed note to Elmore, told him
the statements were false, and de-
manded a retraction. met him next
morning and told him DE had not re-
tracted He said he did not intend to
because he had not the power Then
InG I1C oelt0 AiC AAo AAOS
discharge the editor because he suited
him, Next morning the editorial for
which the editor of The Astorian was
indicted appeared. 1 stated in that cir
cular that in Donan's book Vt is stated
that Astoria is perched on piles at the
foot of the overhanging Cascade noun
tains. Donan's book was here offered
in evidence, and the statement re-
ferred to read to the jury)
IT had seen all the councilmen ex-
cept Welch and Lewis, Dell here at
tempted to state what Councilman Par
ker said. 1t was objected to by Full
ton and the objection sustained.) They
generally favored the idea that the
city should buy the book and distrib-
ute it.. I was endeavoring to get the
book circulated in Portland, to show
that the destinies of the two cities
were the same. The ordinance was
laid on the table by the council.
might possibly have misrepresented
Mr.. Bergman in the circular. I shall
know when he testifies.
Re-cross examination by Mr.. Fulton
Il don't think these hills along the
coast are any part of the foothills Of
the Cascade range.
Substantially Donan made the state
ment 1 credited him with. He didn't
use the word mountains. 1t was not a
false statement that made as to Don
ans book He said Astoria was built
at the foothills of the Cascade range.
I could not quote his long statement.
No man ever does when he can get the
idea down briefly.
This completed the case for the
state.
DEPENDENTS case was opened at 2:5O
The first witness called on behalf OF
defendent was o. w. Dunbar. Directly
examined by c. w. Fulton--I am man
ager of the Budget. This is copy
dated Tuesday December 9th, 1892. 1t
It was circulated in the city at that
time.
Bentley Killen-I live in Portland
Have lived there 25 years. am a law
yer. know Sidney Dell. Don't re-
how long. He used to be
law there. Have seen him
in the courts. 1 don't know that I am
acquainted with his general reputation
as to honor and integrety in the pro-
fession. 1 know his general reputa-
tion as to his standing as lawyer.
DelPs reputation among the lawyers is
that he is a quarrelsome, ugly, i'll dis
posed man, and have heard him crit
icised as to the cases he takes. guess
he had to take what cases he could get
hold of.
Judge Whaley-I live in Portland. 1
have known Dell since 1872 or 1873. 1
know his reputation as to his ability
as a lawyer. In some respects fair,
some not so fair. Have heard remarks
Of an uncomplimentary character. AS
to the character of cases he takes, and
that he is overbeaTfng to his oppon-
ants. Have heard that some of his
cases were taken on contingent fees,
and he to pay the costs. I was VIC
tim of that myself. had to come
back from Rome. italy. to vindicate
my character in a case in which was
an attorney. and which Dell had
brought up in my absence. The case
was dismissed without even an argu-
ment by myself to the court.
Cross examination by Sidney Dell
refer to the case of Neff. l won a
,ase for Neff myself. don't think the
case was disreputable. took it for a |
contingent fee. / have taken other
cases in the same way, and think