davidaulloa/AmericanStories huggingface dataset:
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1898-10-12

before us upon motion to set aside the
verdict for misconduct of some of the
iurors. and improper influences brought
to bear upon them during the progress of
the trial.
From the evidence upon the motion it
appears. that at the boarding house
where some of the jurors boarded, the
merits of the case were qul6e generally
discussed BY third parties in the presence
and hearing Of some of the jurors and
opinions expressed thereon, and that one.
az least, OF the jurors on one OCCASION If
not more, Joined in the discussion and
expressed an opinion upon vital point
in the cnse; that during the trial these
discussions sometimes pecame quIle
heated, and that the merits Of WIG oase
were freely and frequently commenced on
of the jurors boarding there, VINO Were
then sitting as jurors in this CASE mnue
and how much effect these d1sousslons
and expressions of opinion may have naa
in producing or influencing the verdict
cannot be known but they were so pro-
nounced that we think they became
mischievous factor in the deliberations
of the jury and destructive Of an honest
verdict.
The law requires that cases shall be
decided upon the evidence introduced IN
court, and that alone; that jurors arc to
act unbiased and unaffected by outside
influences or public opinion.
If q departure from this wholesome
rule Is permitted there is great danger
that the rights Of parties may be sacrificed
by irresponsible statements of unin-
formed or interested persons having the
effeot Of testimony which is not under
oath or subjected to cross examination
or in any way subservient to legal rules.
It Is not only improper but 1t is oon-
tempt of court liable to severe punish
ment, for outside parties to discuss case
ON trial, or state alleged facts, or express
opinions upon the merits of cause in the
presence and hearing Of jurors sitting in
the cause; and 1t Is In the last degree Inn
proper and reprehensibls for q juror while
thus employed, tn listen to such discus
sion or express an opinion upon the mer-
its Of the cause. His duty is to hear all
the evidence In court and tho instructions
of the presiding judge and then, and not
till then, to arrive at conclusion as to
to them the rules OF law received, and
render verdict which shall express the
legal ELECTS Of the facts proved. A verdict
is supposed to be and ought to be the
deliberate conclusion of the mind Of each
and every juror wholly unirfuenced and
unimpressed by the opinions OF anybody
outside Of that jury. Truth and purity
in verdicts can be reached In no other
way.
In this case some of the jurors were ex-
posed to improper and unlawful infiu-
ences, and to some extent, Joined therein,
unwittingly, no doubt, but still the infec-
tious poison existed. 1t is the duty Of the
court In such case to secure fair trial OF
the cause. conducted upon legal prtnui-
pIes and free from suspicion or abuse.
2 Motion sustained. Verdict set aside.
New trial granted.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1898-10-12

The.story comes from Paris, from q
source that has generally proved fairly
trustworthy, that the Spanish govern
ment has instructed it's commissioners to
inform the American commissioners that
if the latter insist upon the American
demands in regard to the Philippines,
Gan. Blanco will be instructed to refuse
to eyacuate Havana until the Philippine
question is settled in accordance with
what Spain regards as the spirit of the
protocol. Sagasta understands perfectly
we'll that this would lead to the immedi-
ate breaking off of negotiations, but he is
said to hope that the powers would pro-
test against a renewal Of hostilities and
compel settlement of the Philippine
question in an International congress.
While such an attitude on the part of the
Spanish government is improbable, it is
by no means impossible. Spain has al
ways hoped that the powers would in
some way become involved in the contro-
versy with the United States, and very
likely that hope still fingers. The
chances are, however, that If Spain
should adopt this policy the powers would
very speedily let her know that she had
nothing to hope for from them; and her
acceptance of our terms would at the
most only be delayed.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1898-10-12
THE STATE AND THE BALLOTS.

A great nue. and CRY is being made BY
the people who want to get rid of.the Aus
tralian ballot law over the expense which
it involves to the people. What that ex-
pense is nobody seems to know Practi-
cally all the additional expense this sys-
tenn ought to involve to the people adj
ditional to that of the old system 10 the
COST of the ballots and the distribution
of them, and some small expense for ad-
yertising. The great expense lies In the
cost of the ballots; the printing Of them
and their distribution. Now. we contend
that this is an expense that riRhtfully
belongs to the people. An election is an
affair of the people. 1t is held to decide
what men shall ill the office of governor,
what men shall .make2 the laws. and up
on what general lines the government
shall be conducted. The ballot is2a neces.
sary part of the machinery of an election.
An election cannot be conducted without
If. It was the custom under the old sys-
tenn for party managers to provide the
ballot, assessing tho expense upon the
office holders, and persons. who hoped to
receive certain benefits If the election
went their way. That system was funda-
mentally wrong. It imposed upon cer-
tain people burden which did not be-
long to them. and it gave them plausi-
BILE excuse for recouping themselves out
lof the state 1t would be just as reason
able to pass the hat among individuals
to pay the expenses of the legislature as
4. -
expenses of an election. The latter Is as
much q state affair as the former, and
the legitimate cost of the one ought to
be paid for by general taxation just as
much as the legitimate cost of the other.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1898-10-12
SUPREME JUDICIAL 1 COURT.
BEFORE JUDGE HASKELL.

Tuesday. The October term was opened
this morning By prayer by the Rev. v.
T. Phslan.
The jury was empaneled as follows:
James 8. Martin. Bridgton, Foreman.
William 81. Fitch, Sebago.
William E. Grant. Westbrook.
Woodbury. D. Hatch. Portland.
Daniel r. johnson, Portland.
Willard Lamb, Windham.
Joseph S. Larrabee, scarborough.
Walter J. Maxwell, Cape Elizabeth.
william L. Merrill, Gray.
Lemuel B. Small, Pownal.
William g. Sweetsir, Yarmouth:
Sumner Sturdivant, Cumberland.
Supernumeraries: Frank y: True,
Deering; Elmer e. Usher, Baldwin;
Excused: George n. Heath, Gorham;
Isaac s. Soule, Freeport
Five cases have been assigned for trial.
Tho first, which is set down for Wednes-
day morning, Is an action brought by
Julia II. w. Mosher of Brookline, Mass. /,
Va. The City of Deering. This is an ap-
peal from an award of damages in the
alteration and widening Of Woodford
Street, between the Portland q koches-
ter Railroad and Forest Avenue. The
alteration involved tho taking Of 2063 feet
OF GQ0 plAluUlu lhuu, 1OE WHAOA UAC OAuJ
awarded S6l5.76 damages. This amount
the plaintiff contends is inadequate.
The case of Zachary Graham vs.. Black
stone u Smith Is assigned for Friday
morning. This ID an action to recover
$1,000 for personal injuries. The plalnti II
was in the employ of the DEFENDANTS, who
are carpenters, and fell from the top of q
ladder to the sidewalk, on Deering street,
in this oity in November last, and sus-
tanned fracture Of the bones of his ankle
and leka The plaintiff contends that
the ladder was rotten and unsafe, and
that the acciaent occuFred through the
negligence Of the defendants in permit
ting its use. M
A suit brought by Michael Myers, adj
ministrator OF Thomas Myers VS. Richard
son, Dana & Co. Is also set down for Fri
to recover e10, 600 damages for personal in
juries to the plaintiffs intestate in No
yember last, from which 1t is alleged the
latter died In January following. The
plaintiffs interstate was employed in the
defendants lumber yard. and was
crushed beneath pile of plank which
it Is alleged were piled upon an insecure
and unsafe foundation.
An action brought by Giuseppe Sch Ola
VS. Wooster g. Wilson, to recover $4,000
for personal injuries IL also set down for
Monday next. The plaintiff, who was in
the employ of the defendants, claims to
have received severe injuries to his left
eve. face and legs from an explosion of
dynamite, through the alleged negligence
of the defendants.
A suit brought by Lewis j. Marshall
of Bath, doing business under the name
of Merchants Supply company, against
Frank Miller, Stephen G.. Osborne and
william A. Sisson, doing business under
the style of Traders Supply company is
also set down for Monday. This Is a suit
growing out of the use Of trading stamps.
Adjourned until Wsdnesdayimorning at
hall. past nino. Il
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1898-10-12

admission of their products to our
| markets to compete with the products Of
our own workingmen. Many of these
men have been sc strenuous to keep home
work for home labor that they have urged
legislation to forbid even the Cana.
dams living along our northern border,
| to cross oysr NJ and work on
this side; yet they advocate giving to the
people of the Philippines and Hawaii, to
say nothing of the West India islands, a
status which will probably enable them
to come and settle in this country If they
are so disposed, and will certainly enable
them to send their products to our mar
kets on the same terms as our own peo-
pie. These islands raise sugar and by
means of the low price of labor in them,
they can raise it at a much lower cost
than the cane sugar raisers Of Louisiana
and the beet sugar raisers of the West.
The effect of giving them equal privileges
in our market will inevitably be the ex-
tinction of Louisiana sugar raising, and
will prevent any further growth of the
now rapidly developingl beet sugar in
dustry of the West. But this ia not all.
After we have Civilized the Filipinos
according to our notions, they will un-
doubleday become our rivals In some
branches of manufacture, and many
American operatives in various indus
tries will have to compete with them.
What will it profit the United States
to keep out with tariffs and restrictive
acts the underpaid labor of Europe
and its products while it
annexes by wholesale the more under
paid labor of Asia and its productsP How
will our beet sugar farmers be protected
by tariff against the beet sugar of Eur
ope when the cane sugar of the Philip
pines and Hawaii is admitted FREQ OF
dutyp furthermore. not only are the
products of this cheap labor to be an
mitted on equal terms to our market, but
the American workingmen are to be taxed
to keep the Asiatic workingmen In order,
and to civilize and train them. Our annex
alton policy involves all these thinRs-the
admission free of the products OF the
CHEAPEST of cheap labor, the admission
probably of the labor itself, and heavy
taxation at homo to keep this labor IN
order and to civilize it. Now where does
the benefit to the American artisan and
\ the American farmer come in in such
policy? Can any artisan or farmer tell!
Yet awhile ago we were informeaby q
distinguished Senator that everybody out
West-the farmers and laboring men
were in favor of annexing the Philip
pines. If that were SO, then the farmers
and laboring men either did not UNDER
stand the case, or else they have phen-
omenaI capacity for self sacrifice.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1898-10-12
PROJECTION AND ANNEXATION.

It is one of the fundamental tenets of
protection that the home producer has
superior claim to the home market; that
nobody who produces the same articles as
he ought to have equal advantages with
him in the country in which he lives. in
whose development he is interested and
to the support of whose government he
contributes. IT is to protect him in this
right that discriminating duties against
the products of other countries are inn.
posed. America for Americans has been
the patriotic cry of protectlonists for
many years past. The pauper labor of
foreign countries will reduce the wages
of our workingmen or drive them out of
employment altogether, if we admit their
products to our markets on equal terms
with the products of our own labor,
protectionists have said, and SO they have
imposed duties upon the former SO high
in some cases as to be prohibitive. and
in all cases high enough to prevent
foreigners having any advantage in our
market. This policy has repeatedly been
before the American people for discus
sion, and has almost invariably received
their endorsement.
But not only has our legislation been
directed to the. keeping out of the prod
ucts Of cheap labor, but of cheap labor
itself. 1t was because the Chinese would
work for less money than the Americans
on the Pacific coast, that the demand for
their exclusion ar ose, and upon that all
our legislation agat nst them is founded.
The law against.the importation of con-
tract labor Is another measure to keep out
the cheap labor of foreign countries and,
we are inclined to think, the various acts
for the restriction of immigration origi-
nate quite as much In desire to restrict
competition with our laboring men
DIS to protect our morals from contamina-
tisn by the off-scouring of Europe.
But what do we sec todayS The
strange inconsistency of men who TOR
years have been most ardent advocates of
the protection of American artisans,
American farmers and American fisher
men, arguing in favor of the annexation
of millions Of Asiatio laborers and the
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1898-10-12
PORTLAND DAILY PRESS.
MAINE STATE PRESS.
. AND -
Subscription Rates.

Subscription Rates.
DAILY in advance) Sc per year; So for SIX
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Persons wishing 20 leave town for long or
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Advertising Ratios.
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The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1898-10-12

Perhaps the most effective point his op-
ponents are making against Col. Roose-
Welt in New York is that when in Office
he enforced laws which were on the
statute books vigorously and impartially.
He did not approve of some of the features
of those laws, and If he had made them
he would have made them different. But
his view was,-and it was undoubtedly
correct-that an executive officer Is to
take the law as he finds 1t and enforce it
whether he considers 1t wise or unwise.
For doing his duty q man ought to be
rewarded, not punished-but the bitterest
opposition to Col Roosevelt arises from
the fact that he did his duty.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1898-10-12
OvERCOATS

The time is rapidly approaching when
the question of what to buy for
winter overcoat has got to be met An
inspection of our stock will be of mate
rial help in making your selection for we
are showing strong line this season.
Black, blue and brown Kerseys, blue
Meltons, black, brown, and drab soft fin
ished Lambs Wool, the latest thing for
winter overcoats are all represented in
the line: also some choice things in I'M
lined English Covert Cloths in Box
Coats-''VERY SWELL"
We have the fall weights if you need
them.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1898-10-12
BANGOR HAS NEW SCHEME.
Bangor News.l

1t is proposed that the music festival
be continued in Bangor, with the finan-
cial management in the hands of local
board of control. 1t was suggested to
Mr.. Chapman two weeks ago that the
business management be placed in the
hands of committees of 80 Bangor peo-
pie. It seems likely that something will
be done to insure the continuance of the
festival here.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1898-10-12
THE PRESS.
WEDNESDAY,, OCTOBER IL.

Gen. Alger's friends will do him no
service in trying to lay the blame for the
inadequate transport service upon the
navy department. Secretary Long, will
not.permit his department. to be aspersed
without valiant defence.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1898-10-12

No such thing as summer complain"
where DR.. Fowler's extract. of wild
Strawberry is kept handy. Natures re-
medy for looseness of the bowels.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1898-10-12

The following rescript was received
from the Law court yesterday:
Hancock, IS.
Arthur Winship Campbell. by next
friend, VS.. the Chase Granite company.
Reseript Strout, J.-This case comes
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1898-10-12
LAW COURT.

Important Rescript Received Here Yes
terday.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1898-12-29
$UPRENE COURT DECISION.

~ ru q SUPREME COURT OF rHE >rAfE
OF HHVADA.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1898-12-29
Official Colnt D 5tlt. FLniS
State OF Nevals.

County Of Ormshy. !


Eugene Howell. "td Etn,Hs =. Judge
being duly sworn, ~"T"rAIiy say TIA
they are mamhcrs Ef tiir Board # Ex
aniuerS of the state If Ervai 4: that o.
the 10th day of D~-reinner, 1875, IN -
latter having ascertsiued from the ionh
of the State Controller the n'unU',t %
money which should be in the Treasury
made an official examination and roun
of the money in the State Treasury q
Nevada, and found The same rorrert 4
follows:
Coin s!223, 5G-.236
Paid Coin Vouchers not
returned to Contrrl;er tJ.lli.t4i
Total --- %i4ii;-.04
State School Funt Securities
Irreheemable Nevada St!t. School
Nevada state Bonds 81 .IHi.n
United States Bnnd< 8>1.NDO0
Total - 81. t'r, rNf.l2
EUGrNE HnwELI.
JAMES X. JU33E.
subscritel amj SWORN l" hHtnr' lu.
this 10th, day OF ~ncceu1her. \. u. lS.'
SEAL =. y. NTo>E, Sp:ar,
Public. Orun.hy County. N-eaht.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1898-12-29
Trennlor Coffin, for appellant.
Alfred Chartz, for respondents.
oprnIu~ BHLKNAp. G.. ].

III a suit for th@ recovery of their home
assd Mrs. Baker IL ,overed Judgment for
h.c coats taxed Vt SN3t5, but Judgment
pss rendered against her husband for
tpsS.W and costs. Motion was made by
Piaint!u TO discharge the larger iudg-
~ ent pro tdrtO iy tie smaller. The mo-
non was supported hy an affidavit show
ing thai the dct"riHMts were and had been
for many yesr5 husband and wife: that
che Judgment Standing in Mrs. Bakers
name i, community Ope occurred
by their joint effort, since marri ,gn, and
that III 50 far As said costs !.tve been
paid by defendants or either ii them.
they were paid cut Il the money earned
obtained or accumulated by defendants
since their said MARRIAGE" No showing
80 the ."strary WIS made. The motion
was denied. Plain.itf appeals.
The Act defining the rights Of husband
and VIE. approved March 10. 1873, pro
Vides:
See. J. All property OF the wife. owned
oy hon "Hfore marriage. and IL, At acquired
~ her afterwards by gift, beuutNt. devise
or descent With the rents, issues and prof
il. thereof, Is tlNr separate property; and
all property % the husband owned
ny him before marriage, aud tilat ac-
tutred ~ him Afterwards ug r;tt. We
guest, devise 0r TO-, nut. with t"N rents
is~ues aiil profits th"rrrt, a., LIS >nn,rate
property.
Sec AL other property acquired At
80 marriage, by either husband W WIFE,
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1898-12-29
STATE CLAIMS

Approved 10y the State Board of Exam,
liners at their Regular Meeting ~ De
cemiinr:
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1898-12-29
II UNION PACIFIC.

Passe~ through the best cities and towns
in Utah, Wyoming. Colortie. Kansas. and
Eeh-aska, and Is the host rnn1r IA, Deg
~. KANSAS City. Council Bluffs. Sioux
City. st Louis, Chicago and all eastern
points.
The advantages gained Ivy travelling
via the Unicn Pacific are
Quick Time,
Unqualified Service,
Magnificent Equipment.
Double Drawing Room,
Pullman Palace Slaepers,
Pullman Dining Cars,
Free Reclining Chair Cars.
Pullman Tourist SIeepers.
For time tables, pamphlets descriptive
of the country traversed, rates Of fair. or
any other Information. address
+. l.. LOMAN,
GENT PASS. AND TI"KEr AaEHr
OMAHA, NEB.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1898-12-29

NDTiCE
At the regal It ,noAt;nr .r the State
Board rf E<a:uinerS held .Iuna tn, 1919
sAe following resolution WAS ndopted:
RESOLVED. FhaA tho I:,-rl It Exam
iaers shall meet ns the third iaay at every
month. tor the ;,urro~n Of allowing
STAINS agsin-t tn" state. and all claims
not in the office nf the Srt-r iary Of State
Ga or before the third day i, -.ch month
shall not be considered nr a!t.~ei by the
s,oArd until the n"<t rue~tlne which viii
ne on the thiri ru4<iav Of .,.!, rannth
ttISHt... SApI.ER
"CGEN* NnwELI.
JAMES X. Lodge
Board ct Exa%etinArS,
Attest:
!. l3uAHE.
tIHrk.
Carssh city. Ns-Ada. Jua" I. ls0s.
The record-union., 1898-03-20
Where's Mother?

Bursting in from school or play.
This is what the children say,
Troopng. crowding. big and small,
ON the threshold. in the hall
Joining in the constant cry,
Ever as the days go by:
Nv Where : mother?'
From the weary bed of pain
This same question comes again:
From the boy with sparkling eyes,
Bearing home his earliest prize
From the Droazed and bearded son,
Perils past and honors won:
Where 5 MOTHER
Burdened with 4 lonely task.
one day we may Vainly ask
For the comfort of her face
For the rest Of her embrace:
Let us love her while we may,
We'll for us that We can say:
Where's mother?
Mother with untiring hands
AT the post of duty stands;
Patient. seeking not her own,
Anxious for the good alone
OF her children as they cry,
Ever as the days go by:
where's mother"
New York Tribune