The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1893-03-11
The Criminal
Libel Suit.
Continued from Third Page.


that wonderful emanation from this
self-confessed great authors mighty
pen. No, just as we think we see the
sinuous winding of the railroad curv-
ing around the foothills Of the mighty
Cascades and sinking from view in the
valley of the beautiful NehaIem, just
as we think we hear the shrek of the
iron horse as he comes laundering
along, we fall from the pinnacle Of
hope and satisfaction down into the
deep abyss Of dispair. 1t is always 80;
always our luck. Just so 1t is with this
Summer Idyl. This wonderful produc-
tion that was to immortalize us, that
was to live In the pages of history, is
wrenched from us. 1t is not written on
: scrolls, on imperishable parchment,
not on tablets of marble or stone, but
where? Oh, where? Why, gen.
tlemen of the jury, the author tells us
that It is inscribed in indelible letters
on place that is forever hidden from
our gaze. 1t is written, gentlemen, in
no other place than Sidney Dell's knee.
Of his broad anatomy. where in his
evolutions before us, we might behold
1t, inscribed where we could gaze on 1t,
and enjoy 1t when contemplating his
association with the people around
him. And here is the gentleman's book:
article. Dell lied when he stated he
Astoria and Flavel,
By Sidney Dell,
Because 1t wouldn't sell,
Twas nearly, etc.
II have shown you that The Asto-
rIan had no malice. Mr. Rathom did
not even know Dell when he wrote that
articlt. Dell lied when he stated he
had been interviewed when he had not.
Didn't he? He had tried to foist his
book on the common council, and they
refused to have anything to do with
1t. Donans book is to certain extent
overdrawn, but in the main 1t is true.
Dell's statement about 1t is absolute
ly false. Is 1t a good plan for man
who says he is working for the best In
terests of the city to run down book
that has been purchased and circulated
by the city council. Donans book is
readable. It has interesting pictures
and a man picking 1t UP would not put
1t down till he had read 1t. Astoria Ii
certainly at the base Of the foothills
of the Cascade range. but is moi
'perched on piles at the foot Of thu
overhanging Cascade mountains No
body ever said It was. What right ha(
Dell to misdescribe this statement?
ask you II the newspapers don't taxi
up these matters when such false
hoods are sowed broadcast over th
country, whose duty is 1t to do so? Al
TO Mr.. Rathom's statements in tn
second editorial, they simply reiterat
ed what was said In the first article
All he said regarding Dell as an at
torney was mentioned in connection
with this article. What shall we sa.
of man who will go into the publ
press, write circulars, and vilify peopl
as he has done? Is he not dishono
to an honorable profession? Wha
branch OF society would such mai
be credit to? Let us see what hi
reputation as lawyer is. All the wit
nesses have spoken with one voice
There is not single man who ha
come here and said that Dell has
character of respectability In his pro
fesslon. Look at the testimony o
Judge Elliott. A man who Is totter
ing with age. When he gets up an,
states what he does, no power in tn
world could make him say anything
but the strict truth. Examine the ties
timony Of Judge Taylor. There Is con
demnation In everyone's mind of thu
man who hunts up dusty old records
and stirs up old titles Just to get {
little filthy lucre. Think Of the man whC
would go to another with q PROPOSE
tion to lend money to q client to avoit
disturbance Of his title. This mar
Dell, by his own acknowledgment, Of
fers to pay the costs Of men who woult
not themselves engage In litigation
The supreme court has passed on this
kind OF conduct, condemned It in the
strongest terms, and stated that 1t IL
against public policy. 1t is In other
words a crime at common law. 1t IL
champerty. He unblushingly says he
engages In that business, and will con-
tinue TO engage In II. A man who will
take upon himself to criticize and de-
fame In the public press the supreme
court of the state when he loses a
case, Is a disgrace to the profession to
which he belongs. Dell says he carried
the election of 1880. owing to these su-
preme court attacks. What egotisml
He thinks the world revolves around
him. Think OF the monumental SUI
preme and enormous conceit Of the
man who says that that election was
carried on his proposition. Imagine It.
He. and his acts had no more weight
In carrying that election than COM
bat between two gnats In the air.
.,pldn,t he. apologize humbly in this
court to Ike Bergman after he had in
timated that he had sold his honor and
had bartered for $50 his official vote?
He thinks to gain the sympathy of the
jury by apologizing here. Why didn't
he do It before? Didn't-he lie about
Lewis? why didn't he hnd out the
facts before he tried to hold him up to
ridlcule before the public? AS the
Frenchman said. 1t is very great sport
10 hunt re tiger. but when ze tiger
hunts you It is not so funnyv After
hearing the evidence produced here in