davidaulloa/AmericanStories huggingface dataset:
Evening star., 1896-10-31

inspection and consideration the whole
record of the proceedings taken in the
lower court. the superior court having, of
course. authority to set aside the judgment
below. >---.- ~
The Police Court, that is. the United
States side of it, also acts as q court Of
commitment for trial. That Is. where q
person is charged with burglary. or with
some other crime which is triable only in
the criminal branch of the District Su-
preme Court. the judge Of the Police Court
sits merely as committing magistrate.
Testimony is heard by him, and if a prima
facie case is made out against the accused
the alleged criminal is required to either
give bonds or go to Jail to await the action
Of the grand jury.
Most of the offenses coming before the
District branch of the Police Court are
punishable by fine or Imprisonment in the
workhouse, while those triable on the
United States side of the court are punish
able by fine or Imprisonment in jail. But
no sentence of year or more in jail can
in any one case be imposed, although SEN
tences to the reform schools are during
the minority of the convicted boy or girl
unless sooner discharged for good behavior
The Police Court Is also authorized to COM
init destitute children to the custody and
care of the board of children's guardians,
as well as to commit alleged lanatics for
examination as to their mental condition.
The Equity Court.
The highest, certainly the most powerful,
branch of the District Supreme Court Is the
Equity Court. The equity branch Of the
court is resorted to when the aggrieved
party, termed the complainant, is without
remedy elsewhere. 1t is the court which
possesses, through Injunction. the e'power to
restrain persons and corporations from do
ing the things complained of. An injunc-
ton. by the way. is analogous TO the writ
of mandamus. the Office of the latter being
to command the performance of something
which has been neglected or refused.
Mandamus cases are not. however, heard
in the Equity Court, but in the Circuit or
Criminal branches. or in chambers of the
District Supreme Court. and the latter tri-
bunal enjoys the distinction of being the
only court in the country having the au
thority and power to issue writ Of man.
damus against the executive officers of the
general government.
But, while the Equity Court cannot issue
Evening star., 1896-10-31

ever that where death results the dam
ages shall not exceed 10000 but does not
limit them where death does not ensue.
Damages are not confined to those cases
in which physical injuries alone resulted.
for damages can be sued for where one is
slandered or libeled, or where one fails, 20
perform q contract, and, indeed, for al
most every injury. So. too. damages can
be asked for breach of promise OF mar
riage. for trespass. unlawful arrest ana
entry. as well as for injury to property,
and so on.
Such suits are called civil cases. and
are inaugurated by the person claiming
goods. money or the possession OF real
estate filing with the clerk Of the court
tin's declaration. the person instituting
the suit being called the plaintiff, while
the other party to it Is termed the oe-
fendant After the suit Is filed the de.
fendant is duly summoned or notified OF
that fact ay the marshal, and Is given q
certain period in which to answer II
he does not answer within the prescr1eed
time the plaintiff is entitled to judg-
ment by default.
The defendant answering, may deny
that he is in any way liable. or he may
demur to the declaration as being IN
join issue at once When issue is joined
at once or after the disposal of other
pleas, the cause is placed on the calendar
of the court, and when reached In due
course of time it is tried in the circuit
branch of the District Supreme Court be-
fore a jury Of twelve men. -. =
Jury in Civil Cases. ,,.a..
But, if both sides so agree. 1t can be
tried before the judge, the law permitting
trial by jury in civil cases to be waiyads
Civil cases are decided according to the
preponderance Of evidence, while criminal
cases may be decided on the testimony of
a single witness If the jury take his tes-
timony in preference to that of two or
more on the other side.
Ordinarily, a verdict ends a case. and
then. the jury or judge deciding In favor
of the plaintiff, he is given judgment
against the defendant for the amount
awarded. That is. provided the trial court
is satisfied that the amount Is just and
not excessive. If the judge thinks it is
not a Just or fair one he orders a new
trial; or, he may compel the plaintiff to
Evening star., 1896-10-31

ordinance, while one who is accused of
petit larceny. or simple assault, or carry
ing concealed weapons, is triablc on the
United States side of the court. Jury trials
are provided for in the Police Court where
the fine may be $50 or more, but the ac-
cused person may waive thai right and
elect to be tried by the judge. By a grave
but unintentional oversight there is no
right OF appeal from a judgment rendered
In the Police Court. but that omitted right
Is secured by those defendants who have
the means, through writ of habeas
corpus. or writ of certiorari. and in either
pf those ways an aggrieved party can not
only carry his case from the Police Court
to the District Supreme Court. but also, in
due course of time. to the Court of Appeals.
But the expense of so taking an appeal
Tor that is really the purpose and effect
in such cases of suing out writ of habeas
corpus or certiorari is so great that only
in rare instances does a person convicted
In the Police Court pursue such course.
Appeals to u Higher Court.
In this connection 1t is well to explain,
perhaps. that the writ of habeas CORPUS
Is resorted to where one is unlawfully de-
tanned. restrained or deprived of his lib
erty. When the writ issues, in almost every
instance matter OF course, the person
detained or imprisoned is produced before
the judge granting 1t, who thereupon in
quires into the cause or ground of the per-
sons detention or Imprisonment.
IL the judge Is satisfied that the deten-
tton or imprisonment is unlawful he there
upon discharges the person from custody.
in that way a person convicted in the
Police Court can not only have the legality
OF the conviction passed upon by q Judge
OF the District Supreme Court but also
through appeal from his decision by the
Court of Appeals.
The province Of a writ Of certiorari In
such instances the same as that of habeas
corpus. Is but a different way of securing
the same end, as the issuance of the writ
Py superior court requires the inferior
tribunal to send up for the upper courts
Evening star., 1896-10-31
MGR. CApEL Is NOW ON HIS FARM.
Growing Rich Raising Horses and
Fruit in California;.


From the Cincinnati Commercial.
Interest in the whereabouts and doings
of Mgr. Capel has been manifested of late
particularly in the British Isles, where he
was once brilliant and conspicuous figure
in high social life and in church affairs.
He is the Catesby of Disraelrs Lothian, "
and he 1t was who converted the rich Mar
quis of Butte and other members of the
English aristocracy to the Catholic faith.
and his name was familiar one through
out the United Kingdom.
He got under a cloud, however, in some
way, and was sent to the United States in
sort Of exile. The clergy in this country
did not take to him much. and he swung
occurring tour circle, finally taking him.
self to California, where he has since re-
manned in complete isolation.
lie bought large ranch and went In for
raising fine horses and blooded stock gen.
orally. A young priest who knows him
well and has kept up with him informs me
that he has grown rich. Formerly the pink
Of perfection in dress, he has grown indif-
ferent to his garb. and dresses and looks
like typical ranchman. He is a man of
rare culture and elegant accomplishments
He Is of most imposing presence and i'm
perial bearing.
His dark, deep-blue eye flashes from
seemingly fathomless depths and Indicates
maSterfUl mind. His hand is as perfect
as Trilby's foot, and he has a way of law
ing IL dHectlonateIy across his manly and
magnificent chest that fetches the admi-
ration of the ladies to an alarming degree.
1t was at brilliant and fashionable re-
ception In Louisville. given by the late mil
honaire, Dr. Standiford. whose wife was
Catholic, that the Commercial Gazette
correspondent met the captivating Capel
complacentiy slipping his champagne and
fascinating all about him-men and women
with his wit and superb physique. He
wore his smart-ftting robe, trimmed with
the purple, denoting ecclesiastical rank
Whenever he laid that lovely hand across
the purple above his heart the ladies'
sighed. He singled out one very attractive
young Lady, and made her three distinct
and pretty speeches In the course of the
evening, all of which apparently touched a
tender spot. 1 should like to see him now
In his cowboy costume. Buffalo Bill would
not be In 1T for minute.
1t was said that Capel was tutor to the
son of wealthy Italian widow, who owns
an adjoining ranch. He and the widow
may swap horses and chickens.
Evening star., 1896-10-31
The Dutiful Servant.

From Tid-Bit
Master addressing his Irish manservano
Terrence. I'm going into the country to
stay at my mothers place II Mr.. Dudley
calls. tell him that I'll be back on Tues
day."
Tererce-"Begorra, I WIN. sorr! And (af-
ter pause) what will I be after saytng "a
him IL he doesn't call, sorrT'
Evening star., 1896-10-31

The truth Of the statement: 'If you want
today's news. you can find 1t only in The
STAR win be again abundantly proven to
the Washington public in next Tuesdays
election issues.
Evening star., 1896-10-31
How the Telegraph Companies Secure
IL Bulletins and Distribute Them.
SPEED AND ACCURACY REQUIRED
An Enormous Profit Resulting rom
the Service Of One Night.
INCIDENTS

HE L A S T TWO
weeks have been full
of hard work for the
officials and linemen
Of the Western Union
and Postal Telegraph
companies. T h e y
have been preparing
for the speedy and
accurate circulation
of election news next
Tuesday night, and
unless a severe wind
storm destroys their
work the people Of
Evening star., 1896-10-31
He Knew 1t.

From the Detroit Free Press. ,
Pompus Mistressts" is that man at
the door. Hannah?'t
New girl-"Ie says he's the rent collector,
ma am" ..
P. M.-"But. Hannah. we don. pay rent" I"
New girl-"That's what he says, ma. am, y
Evening star., 1896-10-31
Following Instructions

From the Detroit Free Press.
Here" roared the statesman to his new
private secretary. where are you going
with all that mail?
"Over to the express Office You told me
you wanted all your letters properly and
carefully expressed.
Evening star., 1896-10-31

From the Roxbury Gazette.
Blackner-"How did you tear your coat?"
Reddey-"Caught 1t on a nail In Wigiey's
store. made him pay me so for the dam
age though"
yetf.
Evening star., 1896-10-31
How and Where Justice is Admins
tered in the District.
HEFRlRUNALS Ind THEIR FUNCTIONS
Cases Can Now Come to Trial in
aFew Months.
THE J U d 1CIAL SYSTE NJ

, HE REMARK WAS
made at the city hall
The other day 10 the
effect that the judi
cial system or the
Dis .rict of Columbia
is one of the very
best in the United
States. The speaker
was a prominent
member of the bar,
but the opinion thus
expressed is one that
is generally held by
rracIicing lawyers as
Evening star., 1896-10-31

The campaign will be covered in all parts
OF the county by an experienced corps
of reliable and impartial newspaper men
engaged for the purpose by: The Evening
Star. Read what they SAP next Tuesday
afternoon IN the regular ana special edi-
tiops
Evening star., 1896-10-31

"xou can easily imagine the demand
Daily capital journal. (Salem, Or.) 1896-1899, 1896-03-20

Why not be a well woman this
spring.
There are women who cannot toler-
ate the smallest neglect about the
house who to often take no care of
their health.
They should use these precious
March days for getting strong and
well by taking Paine's celery COM
pound-the greatest of all spring
remedies.
Miss Elsie NJ. Brown OF 2 Leeds St.,
Dorchester, Mass, whose picture is
given above, wrote the 5th of this
month as follows;
-Four or five years ago. 1 suffered
with dreadful, pains in my back
lowing to my Kidneys, so much so
that night after night I could not
close my eyes, and that few hours
sleep did ! get, | could be heard
moaning and tossing, showing that
even In my sleep, / suffered pain. At
times / would have more pain than
usual over my left hip, and when
waking in the morning it would be all
Daily capital journal. (Salem, Or.) 1896-1899, 1896-03-20

/ could do to stretch my limbs dowr
straight, as there would be a drawing
and trembling of the cords. Das' de-
such a torture, began to bloat ,
great deal.
"After sufTerln for some tinc, p
friend advised me to try Paine's celery
compound. l can truthfully say that
after using four bottles l was cured.
not helped, but cured"
If you have any doubt at all these
spring days about your health--if
neuralgic twinges, kidney troubles,
dizzy spells, indigestion or heart
palpltation showing themselves, don't
wait for palmer warnings. Make q
clean sweepo OF all these ailments from
the system.
II is easiest to do this now, as spring
is approaching. Take Paine's celery
compound when the system Is most
responsive to its cleansing, strengthen
lug influence.
An improved appetite, sound dlges-
tion, uninterrupted sleep, and an
energetic condition, are the result OF
taking Paine's celery compound.
Daily capital journal. (Salem, Or.) 1896-1899, 1896-03-20
School Notes.

Our city schools are in flourishine
condition.
The attendance has been exception
ally good.
Several visitors, including Hon. j,
S. Graham, county superintendent,
have made a partial tour Of the
schools during the week.
The teachers and pupils are work
ing hard-much interest manifested
in their work.
Public exercises are being arranged
at the various schools for the cele-
bration OF "Arbor Day."
Daily capital journal. (Salem, Or.) 1896-1899, 1896-03-20
RIVER NEWS.
snae Boat Corvallis Has Been Aban-
doned-Other News.

snae Boat Corvallis Has Been Aban-
doned-Other News.
Steamer Ruth passed up to Corval-
lis last night. She will return this
afternoon, leaving for Portland at 0
o'clock Saturday morning.
The Elmore will arrive up from
Portland Saturday afternoon.
The river registered about 9 feet
above low water mark this morning.
Steamer Hoag passed through Sa-
lem yesterday for Portland.
Steamer Altoona left for Portland at
7:45 this morning with her usual large
list Of passengers and cargo Of mlscel'
laneous freight. The Ramona will
arrive up this evening, bound foi
independence. She will leave Salem
for Portland at 7:45 a. m. Saturday.
The following item relative to the
snag boat Corvallis now lying at the
bottom Of the Willamette is taker
from the Eugene Guard:-After not
ing the condition in which the gov
ernment snag boat Corvallis now is
Captain Fisk ordered that she bC
abandoned, as it is impossible to raise
her. The Three Sisters is still at the
scene of the wreck and the crew viii
remove all the apparatus from the
Corvallis that can be saved during the
present stage of water. Unless
knocked to pieces by drift wood the
machinery can be removed during the
low stage Of water in the summer
| annSnn.
Daily capital journal. (Salem, Or.) 1896-1899, 1896-03-20
PERSONAL.


IB. Puter, OF Portland, was Sa-
lem visitor today.
Mrs. L. V. Ehlcn Is again suffering
from poor health.
Miss Ruby Epler, Of Marion, Is the
guest OF Miss Ida Basey.
J.R. Dickinson came down from
Turner this afternoon.
Thos. KY came down from Water
loo on the afternon local.
H.J. Ottenheimer was q Woodburn
passenger this afternoon.
Supt. RI. Hendricks, of the reform
school was IN the city this afternoon.
ID. r. Swank, the Aumsvllle miller,
came up from Portland this morning.
Geo. w. Johnson returned Thurs
day from a business trip to San Fran
cisco.
Secretary Of State II. r. Kincaid
was north bound passenger on the
afternoon local.
Senator S. A. Dawson, of Linn
county, passed through Salem on the
local this morning.
Mrs. Geo. Mack, with two children,
is the guest Of her mother, Mrs. NJ. N.
Chapman.
Ex-Governor u. r. Moody was a
Portland passenger on the overland
this morning.
ii. j. Ottenhelmer, the hop buyer,
returned this morning from busi.
ness trip 10 Aurora.
Chas. l.. Lltchheld, mail clerk on
the Roseburg local, returned TO Port
land on the afternoon train.
Herbert Thorne, OF Oregon City,
who has been visiting In Salem the
past few days, returned home this
morning.
@. w. Llvesay student at VIII
lamctte university, went 20 Woodburn
this afternoon for Sunday visit with
his parents.
Mrs. John James and daughter
Mabel returned last night from a
months visit In their old neighbOr-
hoods Of Northeast Iowa, glad TO be
In Oregon again.
Mr.. aud Mrs. II. b, Kay Jr. left for
McMinnville this morning where they
will reside until the new WOODEN mill
has been built, which task will be
completed about July /, should the
weather be favorable.
Daily capital journal. (Salem, Or.) 1896-1899, 1896-03-20
Populist Primaries.

Fourth ward voters will meet at
Jermaln's barn, rear of the postoflice,
Saturday, March 81, from to 6p. m.
For Third ward at the barn Of Radi-
baugh & Co., corner State and Front
streets, to select delegates to the
county convention TO be held in Salem
on the 25th day Of March, 1896.
II. r. RYAN,
Commltteeman.
Daily capital journal. (Salem, Or.) 1896-1899, 1896-03-20
Deafness Cannot be Cured.

by local applications, as they cannot
Teach the diseased portions OF the ear
Ihere Is only one way to. cure deaf
ness, and that is by constitutions
remedies. Deafness is caused by I'm
Unnamed condition of the mucous
lining OF the Eustachian tube. When
TINS tube gets infiamed you have a
runDllng sound or imperfect hearing
ana when 1t is entirely closed deaf,
ae ness is the result, and unless the in.
naInmation can be taken out and this
Sl Suoe restored TO its normal Condition.
hearing will be DESTROYED forever:
nnte n,he cases out of ten are caused by
eeatarrh, which is nothing but an in. IN
face. '"0 iuuoous sur
We will give One Hundred Dollars
l Iof any case OF deafness (caused hv
TaenIrh Tai!, That cannot be cured by
Halls Halls Catarrh Cure. Send for cir
culars, free. ioi 0ii-
.s-c;J =; ); CHENNEY &Co., Toledo O
20 Sold by Druggists, IS cents.
Daily capital journal. (Salem, Or.) 1896-1899, 1896-03-20

QUARTERLY CONFERENCE. - The
fourth quarterly conference of the
Seventeenth and Chemeketa Evangel'
ical church viii be held this evening,
conference will meet at $3.50 O'Clock
this evening and presiding elder for
Washington and Oregon will preach
at 1880 pm. Rev. +. w. Fisher
q returned missionary from
Japan, will conduct services
at II o'clock Sunday morning.
A successful revival OF three weeks
duration was concluded last evening
when five new members were received
into the church. Rev. Fisher has
labored with unceasing interest for
his church and the recent revival has
resulted In much good.
Daily capital journal. (Salem, Or.) 1896-1899, 1896-03-20
POLITICAL EVENTS.

Marion county Popullst primaries
March 81.
Marion county Republican conven-
ton Tuesday, March "a, at 10 a. m.
Marion county Populist convention
at Salem March 25, 10 a. M, with 2O6
delegates.
State Popullst convention at Salem
Thursday, March 26, at o'clock-and
Friday; 200 delegates.
State Prohibition convention meets
in Salem on Wednesday, March 20.
Polk county Republican primaries,
Friday, April 3.
Polk county Republican convention
at Dallas, April 4.
FIRST congressional district Repub-
lican convention at Albany on Tues
day, April I.
State Democratic convention at
Portland April 9th.
State Republican convention at
Portland April 9, at II a. M, with
PSI delegates.
Republican national convention
meets in st. Louis, June l6.
Democlatlc national convention
meets in Chicago, july.
National Popullst convention, st.
Louis, July %.
Daily capital journal. (Salem, Or.) 1896-1899, 1896-03-20
Gold-Brick SWindler.

New YORK, March 2O.-An import.
ant capture has been made Of o. NJ,
Morton, who, 1t is said, was just about
TO swlndle Plummer Campbell, an
Englishman, out Of 1000 which Inc
was going to pay the prisoner for fake
gold bricks. The detectives caught
Morton no he was coming out Of res
taurant arm In arm with Campbell,
and took him in charge. Morton had
slOO and gold watch in his posses
sion. He also had large number OF
letters from heirs Of wealthy English
men whom he was trying to interest
In his alleged gold mines in the West.
Daily capital journal. (Salem, Or.) 1896-1899, 1896-03-20
Cheaa Tournament.

The first game In the Y. NJ. G. A
tournament was played Wednesday
between Willie Hodgkin and John
Chase, each winning game. The
game between Amo Crossan and viii
Cahill, to have taken place yesterday
did not materiallze owing to the
death of the latter's mother. John
Chase and 10. Albert will play two
games tonight. The conditions Of the
tournament are: that the contestants
be members OF the association; each
contestant plays two games with each
of the other contestants; aud the one
winning the most games Is to be
awarded a handsome silver medal,
appropriately engraved.
Daily capital journal. (Salem, Or.) 1896-1899, 1896-03-20
II lie MARKETS.


Chl ago. NJ rch so.-Wheat, cash COS C
NJ 8. X.
New York, March ao.-Silver, ,66Hc; lead
80.
SAN FRANCISCO MARKET.
S.n Francisco, March 20. o.--Wheat, I.o6L
Wool Oregon, choice, @Ioc; inferior
GSc, valley, o@ue.
Hops-Quotable at 3@sc.
Potatoes--6o to ooc per sack.
oats--Milling, 5000.
PORTLAND MARKET.
Portland, March 2o.-Wheat valley, 6oc
Walla Walla, 81.
Flour--Portland, $3.Is; Benton county
3.ISi graham, $2.6s; superhne, $2.2S per Dbl
oats-White, 239a7c; grey, 72(923;
IN bags, S4'2S(9S'2S, barrels, 4.so@7 90
cases, 3.75.
Potatoes New Oregon, as@3oc per sack
Hay. Good, SC98.So per ton.
Wool Valley, 9C9Ioc; Eastern Oregon,
Millstuas. Bran, rI.sO@Is 90; shorts, sra
Apples. doc.
Poultry. Hens, SC; rocsters. I.So per doz;
and no. wanted; ducks, 5.so@4.so per doz..
turkeys, live S(9ec
Hides. green, salted 90 lbs &C; under
90 lbs 4(941Sc; sheep pelts, Io(97oc.
Hops Oregon, 4 to &c, according to quail.
Butter. Oregon fancy creamery, sO(ass;
fancy dairy, 4s; fair to good, 3o(93s;
common, I7Ic. ''
Cheese Oregon full cream, I49IsH.
Eggs. Oregon, 9(9Io per doz.
Beef Topsteers. 21S92 3.5c per Id; fair
70 good steers. 2H(92 3-sc; cows, 21I@a%c;
Mutton, Best 6esf, a.oO@a.9s; choice
ewes, las; dressed, 4I@sc.
Hogs; Choice. heavy, 4.so@s 90; lighs
and feeders; 22::75; dressed, 31sa4c per ID.
veal Small choice, 5000; lGtge, 3@4c
SALEM MARKET.
Wheat. .S31Ic per bu., market firm.
.s Hay, .Baied, cheat, s4.so@s 90; timothy,
Flour, In wholesale lots, 400; retail
$40; bran, bulk II.oo; sacked. Ia'oo:
shorts, I2.oo@I3.oo; chop feed, II.oo0
I2.oo.
Poultry. Chickens, 3.ooa3.so Der doz
dicks, $4,000 50; geese, S4.ooCa6. 90: tur.
Keys, 9C9Ioe; dressed, II@I2Lc.
Neal--Dressed, AZ.
Hogs. Dressed, az.
Lave Cattle. .292%,
Sheep. Live, so.
Wool, Best, I2Hc.
Hops. Best, 49Sc.
Eggs. Cash. SC.
Butter Best dairy, rsc; fancy creamery,
Cheese .IaH@I3c.
4He; shoulders, SC. ~
Potatoes, .ISc per bu.
Onions. ,IXc.
Daily capital journal. (Salem, Or.) 1896-1899, 1896-03-20

DON'T FoReET-That there is toh
a grand concert at the Baptist chu,s
on next Wednesday night. There WIN
be orchestral music of the best o,,a' s'
by the best artists of the CITY. IA , !,
whom have been in practice for M,
event for some time. A few choI,,
vocal numbers and one or two V,m,
OF elocution will be added, to mai, @
the evening one Of real pleasure !,
Is expected the beautiful auditorium
of the new church will be filledo,
this occasion. Admission 25c; chO.
dren 10c. ~
Daily capital journal. (Salem, Or.) 1896-1899, 1896-03-20
Serious Accident

CHICAGO, March 2O.-The cupOh /,
the shed of the iron foundry on Ash
land avenue fell from its supportstb,
afternoon. The motion metal va,
hurled in every direction. MIcb,a
Donevitch and Peter Reyltch wen
fatally burned. Edward Davis, Mills
Conway and Alex. Cameron were SCI,
iously injured.
Daily capital journal. (Salem, Or.) 1896-1899, 1896-03-20

INSANE COMMITMENT Elmer Green,
OF whom mention was made In these
columns yesterday, was taken before
Judge w. @. Hubbard late Thursday
afternoon and, after an examination
by Dr. S. II. Jessup and Deputy Pros.
ecutlng Attorney A, o. CondIt, was
committed TO the asylum.