davidaulloa/AmericanStories huggingface dataset:
The Portland daily press., 1900-09-20
WHEN O'CONNELL WAS BROUGHT
TO TRIAL

WHEN O'CONNELL WAS BROUGHT
TO TRIAL
for sedition before the Asslzss, at Dub
lii, in 1s48, his counsel challenged the
array OF jurors, because, for some reason
or other, hfty-nine names OF the jury
list had been left out in the copy made for
drawing the jurors, claiming that these
names had been omitted in the interest Of
the Crown. The conviction was, on this
ground, reversed by the House OF Lords.
Almost exactly the same thing happened
In the case Of the Commonwealth ag ainst
Caleb Powers. "A jury list Of three hun
dred hOu6ekeepers had been made up by
the jury commissioners Of Scott County
IN October, 1899, at time whom politi-
cal murder trial was not thought Of
This list was naturally fair, men of all
parties appearing very nearly In the same
proportion as they held among the white
hou sekeepers of the county. Thirty
jurors from that list were drawn out for
the special term. These were soon ex-
hausted, yielding only five accepted
jurors. Sixty names were left ''in the
Wheel. The counsel for Caleb Powers
asked that the names be drawn out
that the jury might be completed from
them. This the judge refused to do; in
stead thereof he sent the Sheriff out to
summon a hundred men from so-called
bystanders; the Sheriff took care to sum-
mon them from the farthest northern end
Of the county, where nearly every man
was known TO be in strong political op-
position to the cause. The result was q
panel made up of eleven Democrats and
one Republican, the latter being readily
accepted by the attorneys for the Com
monwealth, though they challenged every
other Republican that was brought for
ward. In a county In which more than
one fourth OF the white voters are Repub-
licans, and when the defendant, q Repub-
lican oflice-holder,
CHARGED WITH A POLITICAL
CRIME
The Portland daily press., 1900-09-20
PROOF OF THE DEFENDANTS 5
INNOCENCE


is the manner in which he bore himself
as a witness on the stand during an ex-
animation drawn out for nearly three
days. lie never once faltered, never con-
tradicted himself; he readily confessed
that the mountaineers had been brought
to Frankfort to fight II need be, and that
they wore badges for mutual recognition.
The judge was quite willing for him to
make confessions of his unla Wful inten-
tiOns, but, whenever he tried to speak of
motives or actions Incompatible with
murderous Intention instance, when he
tried to explain his journey to Louisville
as made FOR the purpose or bringing un-
armed respectable citizens TO Frankfort
as remonstrants, the Judge stopped him.
In fact, the judge rebuked every witness
of the defense for every word not strictly
competent, though he gave to the prose-
cution and It's Witness the widest lati
tude. When Rev. John Stamper, a
brother-in law Of the pretended accom-
pltce Golden, having sworn that the lat
ter spoke of his belief in Powers inno-
cence, and In answer to a question by the
prosecution responded. Il testify because
don't wish an innocent man to be pun
ished," the judge called him down for
making stump speech, and ordered the
words to be expunged. The Kentucky
Code OF Practice allows none but written
instructions In criminal cases; the Judge /
is not to display his own belief in the
prisoners guilt or innocence, but on this
trial the judge intimated all along his
belief In the prisoner guilt and his de- |
sire for his conviction. Do not blame /
France too much about the Dreyfus case
till the conviction of Caleb Powers has |
been reversed, as / fully trust that 1t will |
be. Please give to this letter the widest |
publicity through the press or otherwise. |
Truly your brother in love Of justice, |
LEWIS N. DEMBITZ,
OF the Louisville Bar.
The Portland daily press., 1900-09-20
A RANK PARTISAN

who lacked the Indifference" which the
old books require of a sheriff, and would
abuse his trust in the way in which he
did.
There is queer and near coincidence
between the 90 omitted names in the
O'Connell case and the go names Left in
the wheel at Georgetown.
Caleb Power had against him not only
a partisan judge and q packed jury, but
the attractions of the one hundred thous-
and dollar reward for perjured witnesses,
which partisan legislature had placed
in the hands of a rabidly partisan board
ana, moreover, the wealth Of the deced-
ent, a bachelor, which fell TO his BROTH
ers, and which they lavished without
stint In the employment OF counsel.
Four men testified against him, who
professed to have been In thorough SYM
pathy with the al Q yed conspiracy against
Goebel' life; two of these are named as
acconiplices In the Indictment yet none
The Portland daily press., 1900-09-20
Kentucky Courts Con
demned Scathingly.
The Writer a Distinguished Au-
thor.

Hon. Charles f. Libby has received,
as q member OF the American Bar Asso-
citation, an open letter on the trial of
Caleb Powers, written by Lewis M.
Dembitz, author OF work OF jurispru-
dence and a well known lawyer. The
principal portions or this letter are given
below:
TO the Members OF the American Bar
Association:
TO the Lawyers Throughout the United
States:
Allow me to take advantage of the little
repute which l have gained among you
by the authorship OF a law book, for the
purpose of drawing your attention to the
wrongs inflicted on one of your craft and
enlisting your sympathies in his favor.
Caleb Powers. of Knox County, KY,
a graduate of two respectable law schools,
lately elected by the people of Kentucky
Secretary OF State, a young man OF fair
and noble mien, whom you can not see
or converse with without a feeling OF
confidence and affection, is now locked
up in the Jail at Louisville pending an
appeal from sentence of life iInprison-
ment, awarded by the Circuit Court at
Georgetown for his alleged part in the
murder OF the late Senator 6oebel. 1t
is our duty to presume that a decision
given by the proper tribunal is just; we
hav5 the correlative right TO presume,
when the decision of question is pur-
posely left to the wrong set of men, that
1t VIII be wicked and unjust.
The Portland daily press., 1900-09-20

had fifteen challenges and the prosecution
only five, such a result is somewhat re-
markable.
is the doctrine of chances at fault, or
was there an overruling design?
The judge enjoys a great deal of dis.
cretion not only In passing on challenges
for cause, but also in excusing Jurors at
their own request; and what he does in
the latter way does not go into the
record, and cannot be reviewed on ap-
peal,
In this case the excuses of the jurors
were taken by the judge, while standing
IN low, conversational tone, and in
reporters could hear what went on be-
tween them.
DO not claim that the course of the
judge in sending out for bystanders,
when there was a number of juror
names left in the wheel, was contrary to
the statute law OF Kentucky for in the
winter of 1894 the jury law had been 81
amended as to give to the circuit Judges
the discretion Of sending for talesmen,
even on the trial OF felony cases, but, that
a legislature, regardless of the citizens
right to life and liberty, has vested in the
judge the power of picking the Jury
whenever 1t suits his fancy, does not alter
the proposition that trial before a jury
thus packed is, in the classic words of
Lord Denman, a delusion, a mockery,
and snare. The judge knew that the
case before him was one arousing the
strongest political feelings, and that the
Sheriff of Scott County was
The Portland daily press., 1900-09-20
Cure Your Piles. FREE.

] have nothing to sell but VIII gladly direct
sufferers from Piles. Fistula, etc, TO a perfect
cure. was cured without pain, and without
the use OF knife and without interruption OF
my business duties. Send me your address and
enclose stamp. Triners please not apply as
wish only to help those who are suffering need
lessly, as / once did. Address, n. b. s. Box.
226, Lewiston, Me-
The Portland daily press., 1900-09-20
TURKEY
BUSTERS

II are rapidly supersedlng
the ostrich article. The
price of the latter has
gone up to a point that
is about prohibitive. The
carefully selected Turkey
feathers make a duster
that is almost the equal
of the ostrich, Some,
particularly janitors, think
our Turkey Feather Dus-
ters more durable and de-
sirable in every way, We
carry a large line and
Prices are Reasonable.
The Portland daily press., 1900-09-20
Notice TO Taxpayers
CITY OF PORTLAND.
Notice Is hereby given that the
TAX BILLS FOR 1900

have been committed % me by The assessors (,
collect ON an said taxes that are raid cu u
before October 81, 1900. NO INTEREST wiz
be CHAkG ID and all said taxes not 50 ps|d
INTEREST VIII be ADDED at the rata 81 sIK
per cenL, commencing September l. 1900
The ordinance OF the City Of Portland a''or.
ing discount OF one per cent was repc1ein
1892, consequently no discount viii be allowed.
Any person not receiving their tax bil before
september -. 1900. can procure q copy On aF
phcat0n 10 this ONCE. once hours a. "a l0I
p. m. $50 10 p. m. Saturdays, a. n % 4
~. only.
GEo. II. LIBBY.
City Treasurer and Collector
City Trca7urer and Collectors once Portland
senlemoar ]. 1900. sanI-l1.IA
The Portland daily press., 1900-09-20
IN THE MADHOUSE

and sanitarium. or some other man whom
the deceased had insulted or wronged.
While on this most important point
there was no direct evidences at all, tn Q
indirect proofs were either ludicrously
lame, or plainly psrjured. One George
Franklin Weaver was summond from
distant part of the State-one OF the
lawyers for the prosecution acting as
bailih to serve the subpoena-and swore
that on the Both OF January he had just
stroned into Frankfort, and that, COM
ing to the capitol grounds, he saw a man
stick q rifle barrel out of that same cor
ner window; and then he heard the shots
Most ample evidence was given that at
that very hour Weaver was at Grayson
Springs, Kentucky, one hundred and
thirty-five miles east of Frankfort; and
the fellow is now IN jail duly committed
for perjury by the County Judge at
Georgetown after a long and patient hear
ing, In which 1t was clearly shown that
he had never been inside OF Frankfort
when be gave his testimony about the
rifle stuck out of the window.
But he strongest
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-08-10
The ohinaman and His Dragon.
[F'rom our animal Friends.l

From Our Animal Friends.
If a Chinaman wishes for happiness
he feels obliged to consult his majesty
the dragon as to where his house shall
be built and his grave be made. Through
the earth say the Chinese flow two cur
rents, the Dragon and the Tiger. Now
for a man to have good fortune in life
or as he would say in "pidgin English. 3"
to ''catchee chance his house must be
put in a certain position in reference
to these currents. If he is to rest quiet
ly in his grave, that also must be cor
rectly placed. SO-called wise men"
make a business of choosing favorable
sites for homes and graves, protesting,
by means of a wand and incantations
and other kinds of tOmfoolery to be
able todetect tine presence of the dragon
and the tiger, and to tell in what direc-
ton they flow.
dragon embroidered in gold thread or
colored silks on the front and back of
their coats, distinguished, however,, from
the imperial dragon by having but four
claws. The dragon also often appears
on expensive porcelain, but poor obscure
people do not venture to use bowls and
cups decorated by his likeness. For
kites the same design of a dragon is a
favorite. The kites are flown by people
of all ages. and they are managed with
extraordinary skill. Kite contests are
popular with the higher class of the
people and with the lower. The strings
sometimes have powdered glass glued
on them, and the object sought in aerial
contests is to cut the enemy's string
One can occasionally see in the sky
a wonderful fight between two dragons
which ends by one Lung" falling to the
ground while the other scars triumph
aHtly aIOft.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-08-10
NO REST FOR M'KINLEY
President is Working Day and
Night.

Canton. O., Aug. 1O.-Evidence of the
increasing volume of work at the Nc
kinley home was furnished today by an
extension Of the long distance telephone
connections with the house and the ar
rival of an additional stenographer from
the White House This work begins
early in the morning and continues far
into the night in the working room
o. Secretary to the President Cortelyou
and President Mckinley himself puts
In about the same hours. The president
personally considers all of the Chinese
news and gives personal attention to all
affairs of state referred here except the
matters of the most common routine.
In consequence he has little time for
recreation or social intercourse and can
not receive visitors with the promDtness
that characterized the earlier DAYS of
his vacation. In fact. his present life
mas little Of the vacation flavor about il
HIS health is good, however. ana he
mas experienced much benefit from his
so1ourn here. Mrs. Mckinley is also
much better from living in her homa
free from the restrictions and foruali-
ties OF an official residence. DR.. Rixey.
VINO attends her, says she is in better
health than she has been for long
time This he attributes largely to the
canton vacation both on account of
the climate and the home life.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-08-10
COTTON CROP SHORT.
Condition is Below the August Aver
age for Ten Years

Washington, Aug. 10.-The monthly re-
port of the statistician of the department
of agriculture shows the average cOndi-
ton Of cotton on August l to have been
10. as compared with 75S on July 1, 1900,
81 on August I. 1899. PIP on August I,
1898. and S5.3 the mean of the August av-
erages of the last ten years
The impairment of condition Is due in
the main to drought and the continued
lack of proper cultivation but there are
extensive sections where heavy and con-
tinuous rains have wrought serious in
jury TO the growing crop.
The averages Of the different states
on August 1, were as follows: Virginia
Il; North Carolina 80; South Carolina
a; Georgia n; Florida "A; Alabama 81:
Mississippi so; Louisiana n: Texas SO;
Arkansas 50; Tennessee ~ Missouri "a;
Oklahoma so; Indian Territory 81.
There has been some abandonment of
land planted to cotton, but the area
abandoned is somewhat less than was
generally expected one month ago and
the department will not at present
change its acreage figures
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-08-10
BURLINGTON ROUTE.
New Through Train to Portland and
Puget Sound.

THE Burlington N orthern Pacific Ex-
press a new daily through train
from Grand Island for Northwest Ne
braska, Black Hills, Wyoming, Mon
tana, Washington, Tacoma, Seattle
Puget Sound and Portland, Oregon via
Billings, Montana-tne short line and
time saver to the Upper Northwest. To
Central Montana in "a hours; to the
Puget Sound in 81 hours from the Mis-
souri, river. Through coaches and chair
cars, through tourist sleepers, through
dining car service and standard sleep
e-s. This is the main Travelled road Mis-
souri, river to the Northwest.
Number Is, Kansas City and St
Joseph to Nebraska, Denver, Colorado
Utah, Pacific Coast and the Northwest,
Montana, Washington, Oregon, via Lin
coin and Billings Weekly California
excursions.
Number %, 'eNebraska-C Colorado Ex-
press" from Hastings for Nebraska
Colorado, Utah, and Pacific Coast
To the East: Chicago and St Louis
greatly improved trains in time and
equipment.
To the North: Best trains daily to
Omaha, St Paul, Minneapolis and the
Lake region. ]. c. BRAMHALL,
t. p. A., S23 Main ST., Kansas City, Mo.
L w. WAKELEY
Gen1 Passenger Agent. st. Louis, Mo.
HOWARD ELLIOTT
Gen1 Manager, st. Joseph, Mo.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-08-10
INTERNAL MACHINE
Brought to the White House by an
italian.

Washington, Aug. 10-An italian who
gave his name as Prof" Figuccia of
Feluca. Italy, caused some excitement
at the White House today by exhibit
ing a brass prOjectile which he wished
to present to the president. He came
during the forenoon. accompanied by
negro who bore a large satchel. When
stopped at the front door by Usher
Mitchell. he presented a slip of paper
bearing this inscription: Prof. F'iguc-
cha presents this projectile to the presi-
dent Of the United States" He took
out Of the satchel a very heavy pro-
jectile and long wire and explained
that the pushing of the wire through
a hole which had been bored in the end
OF The projectile's nose would cause a
big explosion. The visitor could speak
no English and made known his mis-
sion by signs. After some questioning,
it was concluded the Italian was an in
ventOr seeking official recognition of his
device. and he was directed to the Ital-
ian embassy. Later, the secret service
was notified.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-08-10
NIAGARA PASSING AWAY.
TFrom the Popular Science Mont

Iron the Popular Science Monthly.1
Investigation of the region of the great
lakes by G. X. Gilbert of the United
states geological survey has brought out
the fact that this whole region is being
lifted one side or depressed on the
tilted bodily toward the southwest The
shores of each of the lakes are sinking
on their southwestern and rising on their
northwestern sides. the rate of the move
ment being such that the two ends of
a line 100 miles long running southwest
four-tenths of a foot in d hundred years.
In Lake Superior. to illustrate by a single
example. the waters advancing on the
American and falling the Canadian
side At Duluth the advance is six inches
and at Huron Bay the recession is five
inches in a century.
At Chicago. on the sinking shore of
Lake Michigan. the water is rising at
the rate Of nine or ten inches in a hum
bred years. Eventually. unless a dam IS
erected to prevent it. the lake will gain
overflow to the Illinois river. its discharge
occupying the channel carved by the out
let Of a Pleistocene glacial lake. The sum-
NIT Of that channel is about eight
feet above the mean level of the lake. and
the time before it will be overtopped can
be computed For the mean lake stage
such discharge will begin in about 1000
years. and after 1.50O years there will be
no interruption. In about 1900 years the
equal portions of the surplus water OF
the great lakes. In 900 years the dis
charge of the Niagara will be intermit-
tent. falling at low stages of the lake, and
in $3.50 years there will be Niagara
The basin of Lake Erie will then be tribu-
reversed in the Detroit and st. Clair chan
nflS
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-08-10
Pullman Ordinary Sleeping Cars For
Tourists

are the most comforta BILE, commodious
means of travel for large parties, in
tending settlers, homeseekers, hunting
parties.
1hese cars are run on the Union Pa
cihc daily from Kansas points to Cali
fornia and Oregon points, and are fit
ted up complete with mattresses. cur
talns. blankets, pillows, etc, requiring
nothing to be furnished by the pas
sengers. Uniformed porters are in
charge of these cars. who are required
TO keep them in good order. and look
after the wants and comforts of pas
sengers. These cars are new, of mod
ern pattern, and are nearly as convent
ent and comfortable as first-class Pal
ace Sleepers.
For time of trains and full inforna-
ton call on or address
F. A LEWIS. City Ticket. Agt.
Or ]. c. FULTON, Depot Agent.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-08-10
DEFENSE IS SURPRISED
BY Appearance of Capt Carriers
Father-in-Law in Gaynor Hearing.

New York. Aug. 10-The hearing in the
proceedings 70 SECURE the removal q John
and Benjamin D. Green. accused of con-
spiracy 70 defraud the government, 70
Continued before Commissioner Shields to-
day Mr.. Kellogg. OF counsel for the de
PENDANTS. announced that he had produced
as called upon. a book of the meetnss q
the Atlantic Contract company FOR 1881
J. " O. steerly. chief clerk Of the en-
gineer's Office at Savannah. the first wit
ness, questioned BY United States District
Attorney irwin, Of Georgia sald ne had
seen eN-Captain O. NJ. Carter on August
-. 1899. at the University CLUB In this city
and there conferred with nm as 10 spec
fications for certain work TO be done at
Savannah lie was cross-examined and
The prosecution then sprang 81 decided
surprise on counsel for the defendants
by calling To the witness stand Robert T.
Westcott. former Capt Oberlin NJ Car
ter's father-ir-law. During Carriers court
martial and prior thereto he claimed that
many of the bonds and securities in his
possession and which he hypothecated for
various sums OF money had been placed
claimed i power Of attorney from his
father-in-law. During the proceedings of
the board OF inquiry Mr.. Westcott went
Mr.. Kellogg of counsel said when
pared for this and find ourselves much
embarrassed We were prepared To cross
examine Captain Gillett, but not Mr.
Mr. Westcott. after being questioned on
preliminary points. said Capt. Benjamin
D Green met him at the Hoffman house
and handed him package Of bonds. ask
ing that he take care Of them
Garter told me about the board of in
furry and that he expected to be arrest
ed said Mr.. WeStc0tJ. and asked me IL
] would receive these bonds from Green.
l demurred: he insisted. and | finally
assented- Then Green met me at the
Hoffman house. October II. 1897. and gave
me the bonds. 1 deposited them in the
New York Safety Deposit company"
The witness said Carter asked him to
go before the board of inquiry and tes-
tify that the large amounts of money
Carter was spending were received from
Elm.
But I told him" said Mr. Westcott
that I could not do that: that 1 could
not swear to q lie
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-08-10
GIVES UP AT LAST.
Weather Man No Longer Predicts
Rain.

The weather forecaster has given up
a last Observer Jennings hung his
handkerchief on the barometer this
this morning as a signal of surrender
and displayed the forecast.
The fOrecaster has been persist emit
this week in announcing rain which has
not arrived. Today he says generally
fair tonight and Saturday Warm
weather" 1t was several days ago that
Cider Smith said there would be no
rain before Saturday or Sunday Smith
seems to be right and the official fore
caster has taken his cue. The weather
will undoubtedly be warm. In fact
there has been no frost for several
months ana nobody has thought of
wearing overcOats. On that proposition
Smith and the government forecaster
agree. The maximum Thursday was 90
and up to II o'clock this morning the
maximum was 50 and the minimum SO
which is the lowest minimum of the
week The wind was southwest blowing
16 miles an hour
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-08-10
VICTIM OF THE CLIPPER.
Ex-Policeman Robbed After Drinking
in the Notorious Joint.

George Seiber was arrested Thursday
afternoon on a warrant sworn out in the
city court charging him with larceny
from the person.
Ex-Policernan c. G. Gordon swore to
the complaint He claims that Seiber
took from his person good and lawful
money of the United States to the
amount of $685. He said he had been
drinking in the Clipper restaurant and
that Seiber took him out to the barn and
the next he knew he was minus his mon
ey. Seiber denies the charge. The Off
GERS think it rather a strange case. Sci
Der is confined in the county Jail await
ing his preliminary examination.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-08-10
BIG FUSS ABOUT LITTLE.
City Railway Injunction Against
House Mover Argued.

The Injunction case of the Topeka
City Railway company against W. @.
Tandy was argued in the district court
this morning and taken under advise
ment by Judge Hazen.
Tandy is a house mover and the city
railway brought an injunction against
him to restrain him from raising the
wires of the company's lines when NOV
ing houses. The company refused to
raise the wires for him unless he paid
them and he sent word that unless they
were raised by the company he would
raise them himself and then the com
pany got out the injunction. The ques-
ton to be decided is whether the com
pany has to raise the wires without pay
or whether they can force Tandy to pay
each time the wires are raised.