davidaulloa/AmericanStories huggingface dataset:
The Globe-republican., 1903-01-22
Every Bottle Of Chamberlain's Cough
Remedy Warranted.

Every Bottle Of Chamberlain's Cough
Remedy Warranted.
Weglarantee every bottle of Cham
berlain's Cough Remedy and will refund
the money to anyone who Is not satisfied
after using two.thirds of the contents.
This Is the best remedy In the world for
la grippe, coughs, colds, Group, whoop-
Ing cough and is pleasant and safe to
take. 1t prevents any tendency Of a cold
10 result in pneumonia. All druggists.
Mr.. Baker, salesman for Kingrey &
Mclaughlin, is out Of town on business.
Mrs. Harry Herby and daughter Ethel
are spending few days at Newton.
Mr.. anil Mrs. Frank Millikan are in
Topeka. They also went to Kansas City
10 see "Ben Hur,N
The Globe-republican., 1903-01-22
Tried to Conceal II.

It's the old story Of "lnurder will out"
only In this case there's no crime. A
woman feels run down, has backache or
dyspepsia and thinks It's nothing and
tries to hide 1t until she finally breaks
down. Don't deceive yourself. Take
Electric Bitters at once 1t las a reputa-
ton for curing Stomach, Liver aud Kid
ney troubles and will revlvify your whole
system. The worst forms Of those mala.
dies will quickly yield to the power Of
Electric Bltters, Only BOO and guaran-
teed by Rath & Balnbrldge, Druggists.
The Globe-republican., 1903-01-22

Hair-splitting splits
friendships. II the hair.
splitting is done on your
own head, 1t loses friends
for you, for every hair Of
your head Is a friend.
Ayers Hair Vigor in
advance will prevent the
splitting. If the splitting
has begun, it will stop ii.
SI.eo 4 bottle. All irusyiafs.
The Globe-republican., 1903-01-22
FREE ENTERTAINMENT AT THE
RINK. DANCING SCHOOL.

Saturday afternoon, Jan 24th at 8 o..
clock will be given a Free Exhibition 10
tho art Of dancing and the science Of In.
structiOn, with view to organizing a
dancing class for ladies and Juveniles.
Free to all. Terms, etc., will be made
known. Do not fall to be present, and
remember the time-Saturday afternoon,
January "a. promptly at 3 O'Clock. SAM
FLINT. gY 49
The Globe-republican., 1903-01-22

The following letters remain unclaimed
for the week ending January %, 1903.
Copkey, y Allie Glenan, Jno ]
Hlck, RI Hills, Elwool
Hunt, ST johnson, Fred L
Jones, B s Mrs Reynolds, Michael
Wlsherd, Floyd
One cent will be charged for ad-
vertised letter delivered.
ia. ARMENT, ?. M.
The daily journal. (Salem, Or.) 1899-1903, 1903-02-12
Counsel for Hofer Brothers,
Publishers of JOufnal,
Victorious
Defendants Refused to Settle and Con,
tend for Right to Print Reports
of Trials

There was a large attendance whom
Judge Burnett opened the Marion
county circuit court today 10 hear the
suit OF H. H. McMahan against
IIofer Brothers. for an alleged libel
OF his client, Mrs. Gibson for $4,000.
The alleged llbelous publication
was few words In a fair newspaper
reporters version Of the divorce suit
Of Gibson w. Gibson before Judge
Boise last August, and which at.
tractod great public interest at the
time.
Tho Journal publishers deny all In.
tent to libel, aud deny any malice
whatever having published both sides
OF the case without comment. and the
trial Is notable, as n involves a news.
papers right TO report divorce trials,
or any trials that contain defamatory
matter In the pleadlngs or during the
court proceedings The defendants
believe II involves the liberty Of the
press Itself aud will nght the case. to
n finish ms matter Of principle. and
not as iustiiyIng their publication
against any litlgant. nor claiming that
the matters taken from tho ploadngs
IN public court OF record were true.
or printed as the truth
Counsel In the Case
Counsel for Hofor Bros. are Messrs.
Holmes and Condlt and Jenrles A
number OF able lawyers have tondered
their assistance and may appear In
the case as the trial proceeds.
The Plaintiff
Mrs Gibson aud her children en-.
terod the court room. and took seats
beside the attorney bringing the suit
The jury Called
J, A. jeffrey examined tho jurors
w II A. Darby was called and ac.
oepted by defense. j = stalger had
not read the Gibson case in The Jour.
nal McMahan excused him. although
he was accepted by plainun D. A.
Nelson was examined by defendants.
w O Jones saw the reports OF the
trial In the papers and was accepted.
w D. Hadley read account in Tho
Journal but was not influenced one
way O. the other Accepted s. s.
Martin thought ne knew the PLATA.
un but when ne found Il was Mrs.
Gibson and not McMahan, he correct.
od this, and said he AID not know the
The daily journal. (Salem, Or.) 1899-1903, 1903-02-12

plaintiff. Accepted. Hugh f. Jory
had not read the reports OF the case,
but was excused j. F. Zeigler, Of
Geryais, had not read reports. Knew
Hofer Bros. but did not know Nc.
Mahan lie was accepted Eugene
Manning was accepted C. L. John.
son, mining stock broker. was ac.
cepted by defendants. but excused by
McMahan Ben Robertson, OF Tur
ner. had not read the newspaper re-
ports, and was accepted Matt Small
Of sllverton was accepted
-Four More Jurors.
J. r. Linn. w j. Carleton. George
Emert, Chris Creuger were drawn.
Those were all acceptable to the de-
fonse. None had read the newspaper
reports Of tho divorce trial in tho
newspapers Mono Of the jurors were
clients Of counsel for defendants. At
$3.50 jury was sworn
The Trial Begun.
Mr. McMahan began with an apol.
gy for his ploadings. saying that an
attempt would bo made TO defeat him
on defective pleadings No plea In
mitigation Of damages, except that
plaintiffs character was such that Il
could not be- damaged
Mr. McMahan claimed that every.
thIng was admitted by defendants
which he claimed ana the court took
issue with him that Hofer Bros. dony
all that ne claimed.
Mcmahon Corrected.
What more complete denial would
you have? I don't seem 10 catch the
drlft of your argument"
Mr. McMahan admitted that the
court was right
Makes New Objections.
tie then alleged other admissions,
and made some nne points about what
he wanted to get at He objected 10
what defendants might state TO the
jury
ny this time all were good natured.
and the court intmated that the de
PENDANTS might be more wise than he
gave them credit for. A smile ran
over the court room.
Getting no satisfaction out of the
court Mr. McMahan made his opening
statement TO the jury
Statement Of Defense,
Mr. Condlt stated the case 10 the jury
The daily journal. (Salem, Or.) 1899-1903, 1903-02-12
Has Proved Blessing to Thousands
Of Our School Teachers Who Were
VictimS.sOf Nervous PrOStratiOn,
Insomnia, Dyspepsia, and
Irritsbility
Mr., G. G. Harper says:
THE Use of Two Bottles
Completely Restored My
Health"

Nervous prostration, insomnia, dys
pepsia constipation, and impure bloot
make life a weary burden for thous
ands Of our school teachers. Whet
nerve force is low the brain tired
and digestion in a disordered condI
tion, there is irrltabllity, bad tempeI
impatience, and often great despond
ency. Under such circumstances. ths
grand work of teaching can never bo
successful.
Paine's Celery Compound is doing
wonderful work for half-sick and rud
down school teachers in every part OF
the land. Thousands engaged in thd
work Of educating the young are kepI
well from year TO year by the strength
ening virtues of Paines Celery Conf
pound. 1t is daily raising to new lid
men and women in all classes OF So
ciety It is the one, medicine thai
makes pure blood, strong nerves. and
good digestion.
Mr.. C. C. Harper school teacher Of
Mount Carmel ILL.,, says;
MY school work has proven great
mental strain, and ! found myself
thoroughly woin out and almost pros
trated. commenced the use Of
Paine's Celery Compound with splen
did results. The use of two bottles
completely restored my health.
have been in my present position
eight years, and am certain that
your medicine has enabled me to car
ry on my school work, when without
IT, | should have been compelled to
give up. will take great pleasure in
recommending Paine's Celery Com
pound, for | know that II is good"
The daily journal. (Salem, Or.) 1899-1903, 1903-02-12
Libel SOFT Goes To Jory

pleadings in civil trials was not priv
ileged matter that a newspaper had a
right to publish.
Mr. Jeffries showed that on the
question Of privileged publications
McMahan failed to state any cause of
action whatever. He should have
showed that a suit was pending, so
that the publication might have done
his client an injury. McMahan had
copied form of the New York law
where there was a special statute rule
for that state, and the rules Of plead
ing were much more strict in Oregon.
He showed that by a late decision
Of the oregon supreme court a mere
characterization of case could not
be relied on to help out a defective
pleading.
There was not a word of testi.
mony to show that defendants had
, been guilty OF any libel whatever, and
/ there had been utter failure TO allege
what constituted libel
The facts were not stated plainly,
precisely and in transversable form,
as the code required. Mr. Jeffries ar.
gued that Mr. McMahan should have
pleaded that plaintiffs nbeled by
printing and circulating, and that the
same was read to her injury
Court adjourned until 1 p. m.
Mr.. MeMahan Resumes.
After hearing a few motions the
libel suit of L. II. McMahan against
Hofer Bro. was resumed
Mr.. McMahan made further argu-
ments against the motion for a non
suit. He showed that he had copied
his pleadings from Abbott's New York
forms and that mere matter Of form
did not constitute a defective pleading.
The law presumed the falsity Of the
libel. II did not have to be put in the
pleadings, etc.
The court asked McMahan what he
had to say to the omissions from his
pleadings of any statement that this
ease had been tried and therefore the
was privileged?
He replied by asking the court an.
,ther question. This did not seem to
iatisfy McMahan or the court. He
made further efforts to enlighten the !
'ourt, with little effect.
"The point Mr. Jeffries makes" said |
he court, lis that you virtually plead |
Justification in your complaint"
He got around this by saying that
L was not claimed that the libel com.
planned Of was copied from a plead !
ing
Mr. Holman closed the argument for
a non-suit The cases in New York, |
cited by McMahan, were not in point |
He had made no averment of libel |
whatever The law required a direct |
and concise averment in pleadings,
Or he has no case to prove,
The court overruled the motion for
! non.suit.
The case was opened TO the jury as
his report goes to press
The daily journal. (Salem, Or.) 1899-1903, 1903-02-12
The Publisher Sworn.

A. F. Hofer was called by Nc
Mahan to prove publication. Different
reporters and proof readers were EN-
ployed at different points.
q. What are your duties as bust
ness manager"
Objected TO and sustained as i'm
material
@. What are your methods Of de.
liyery?"
A. "By carrier by mail and spe.
cal deliveries"
It was not denied that The Journal
was printed and circulated during Au.
gust 1902. Could not swear that pa.
pers We're delivered to subscribers
Witness was asked to produce fle if
papers.
O. WAS the issue Of August 30,
1902 sent TO the subscrlbers?"
Objected TO as immaterlal, as wit
ness was not mailing clerk. He had
no knowledge as to who got the pa.
pers Witness was sustained by court
as not having such knowledge Of
many details Of the business He
could not swear to what he did not
know Of his personal knowledge
A copy Of The Journal was intro
duccd In evidence. MIR Holmes ar
gued that the matter set forth in Nc,
Mahan's pleadings was not the article
as printed in the matter. The whole
article must be set forth In the com.
plaint. not just excerpts.
plead a oarblsd Account
MoMahan argued that nothing was
needed TO be pleaded. except the libel
Gus matter complained of. II the ar
ticle contained matter that was exten.
uating or mitigating In damages It
need not be contained In the com.
plant in which he sought damages
Mr. Jefrey argued that the whole
article must be set out, I'm haec
yerbas" and later decisions re.
Quired that the whole of the libel.
ous article must he set forth He read
from authorities cited 20 sustain his
point
O. Was II Y. Mcclellan a sub.
scriber?"
Witness was asked for subscription
list OF Journal and produced same.
objected 10 as incompetent. and oh.
lection sustained.
McMahan took now tack and
asked II an apology was ever offered
The daily journal. (Salem, Or.) 1899-1903, 1903-02-12
or The Gibson divorce trial. objected
7. Y. Mcclellan.

7. Y. Mcclellan.
This witness resides at Lewisburg
and was introduced as a subscriber Of
The Journal and he had read article
at some time.
John Craig Called.
He was a subscriber and had read
the article referred. The court init.
mated that 1t was not necessary TO 90
through the whole subscription list
Motion for Nonsuit.
At II a. m. the jury was dismissed
until / o'clock, and Mr.. Holmes pro
ceeded to argue a motion for non
suit.
He showed that the proof offered
was insufficient TO sustain a judgment
and, therefore, not sufficient to sub
init to the jury; that the proofs dc
not correspond with the allegations OF
complaint, and that the complaint
does not state a cause Of action.
The pleadings of McMahan did not
show any publicity whatever under
which he could claim damages. He
failed to allege in his complaint that
the libel was ever read by anybody
There was no allegation that anybody
received on any particular date a
copy of this issue.
Printing alone did not constitute
publication. and having failed to al
lege that Il was read, he could not
claim libel. He had not alleged that
anyone had ever read this copy The
publication Of the paper was not the
publication of the libel. He had ut
terly failed TO connect the publish.
ers with the act Free delivery of any
papers by defendants to anyone had
not been alleged or proven. There was
no ayerment that the article was
false The code required a direct
pleading McMahan had not directly
ayerred anything more than mall
Ice. A legal conclusion that II was
a false publication could not be en-.
tertained. There must be pleaded
plain. precise positive and direct &C.
cusaton
DO you contend that this Is a To- |
cal action?" asked the court. Judge |
Burnett read from the code on this |
point. The action was shown TO be
clearly local II was a transitory ac.
ton,
Yet Il was not even alleged that the
libel was committed in Marion county.
Mr. Holmes argued that the plead.
ing was defective, because to stand II
must have been alleged some action
or suit pending as a basis Of action.
McMahan had utterly failed to lay
a foundation for his case. He could
not come into court and stand on le.
gal presumptions
Would or would II not be libelous
10 say that Holmes ten years ago
stole a horse?' asked the court.
Il think It would be a libel, replied
Mr. Holmes with a smile
Mr.. McMahan argued that the pub, |
licatIon was proven by printing it, !
and that each paper proved itself and |
was primary evidence OF the contents
Of the rest.
He stated that paragraph four OF |
his pleadings were copied from Alb.
botts forms Of New York pleading !
The court asked that It be produced /
before ! o'clock.
He claimed that publication OF
The daily journal. (Salem, Or.) 1899-1903, 1903-02-12
For Historical Society.

The house this afternoon passed the
bill approprlating $500 for the benefit
OF the Historical Society. There was
little opposition in either house.
The daily journal. (Salem, Or.) 1899-1903, 1903-02-12
WcWahan Br1ngSH1s
$4,000 Libel SOFT

for the defendants The editor Of
The Journal was at Newport at the
time this appeared, but to this Nc
Mahan objected II must be especial.
ly pleaded.
Mr.. Holmes argued that there was
entire absence Of malice on the part
Of defendants, The court sustained
the objection and defense took an ex.
ception.
Mr.. Condit proceeded to say to the
jury that nothing was published about
the case, except in the due course Of
nRMR
The daily journal. (Salem, Or.) 1899-1903, 1903-02-12
Indicted For
Pointing Gun

The trial Of Clayton Bradley. wbs
is indicted for pointing a gun at 81
southwick, is set for Thursday at Q a
m. Richardson & Richardson appear
for defendant.
The daily journal. (Salem, Or.) 1899-1903, 1903-02-12

OLD SHOES WANTED. Twenty.
five cents allowed for one pair Of old
shoes, when buying new pair for
$500 or over
The Washington times., 1903-11-15
Clock Made of Bread.


A clock made entirely of bread has
been exhibited in Milan The works are
comparatively large, and for several
years kept good time. The maker was
a native of Milan, who devoted three
years Of his time 10 the task. He was
very poor, and, being without means
to purchase the necessary metal for
making a clock. he set apart regularly
each day a part OF his bread, eating
the crusts and saving the soft part
To sohdify this he made use of a GER
tain kind Of salt, and when the various
pieces became dry they were perfectly
hard and insoluble in water.
Another strange clock exhibited some
years ago in London was constructed
OF pins. buttons. and all sorts Of odds
and ends by pauper named Mercer.
The back and front of the clock was
raade of iron bed laths, while the barrel
was a part Of a large brass ferrUle,
the ends being brass buttons hammered
out The barrel arbour had been origi-
nally the blade Of q shoemaker's awl,
the main and several other wheels We're
nothing more or less than suspender
buttons. from his own trousers, while
the cog teeth were portions of bygone
knitting needles. The teeth OF the cen
Ter wheels had once been rivets. In
the dial there was one hundred sep
arate pieces.
The Washington times., 1903-11-15
A WaSp's Wisdom.

Naturalists have decided that many
insects have senses which human beings
lack That of location, shown by the
wasp. for instance, is remarkable. one
species builds its nest in a sandbank
that is only "a part of several acres of
such soil. and when il leaves in search
of food Il covers the nest so carefully
that no ordinary eye could discover its
location That is 10 say il is just like
all the surrounding location. and yet the
wasp flies back to il without hesitation
and finds it without making a mistake.
There is another wasp that unerringly
locates the eggs of the mason bee under
a thick layer of sunbaked clay, and de-
posits her own eggs in the same cells
that her young may have food when they
are Matched.
The Washington times., 1903-11-15
Watch That Talks.

A Yankee inventor has lately perfect
ed dangerous rival 20 the repeating
watch 1t is a watch which literally
tells the time" A else Of vulcanized
rubber Is impressed with the words to
be said while it is soft by means of an
Edison monograph and mounted in the
watch. 1t carries impressions cor
responding TO the hours and quarters,
and in turning round its axis vibrates a
drum or tympan fixed in the inner case
OF the watch and the words become aud
ible. The disc can be started and stop
ped al Will by pressing on a small push
pin. The inventor has also devised
clocks and alarms which cali out the
time and such commands as Now
then, get up," or 1T is time to go to
bed These cries may be in the voices
and dialects of personal friends and
possess a value as souvenirs. One plate
will give thousand repetitions before
showing signs Of wear.
The Washington times., 1903-11-15
THE DAWN OF DAY.

AprOpOs OF the humorous reference
to the somnolence Of judges made by
James NJ. Beck. formerly Assistant At
torney General of the United States. at
the dinner of the Hardwicke Society in
London, an English paper recalls that
during the protracted sessions OF the
Parnel commission Justice Day iabitu-
ally sat with closed eyes. 1t was com
monty supposed that his lordship was
sleeping, and the late Sir Frank Lock-
wood, observing that the learned judge
was very much awakened by a little
tn between the president and Sir
Charles Russell exclaimed quite audi
bly,: This Is the dawn of Day!'-Omaha
Bee.
The Washington times., 1903-11-15
Sleep Required.

"A healthy infant sleeps most Of the
time during the first few weeks" says a
medical authority. "and I'm early years
people are disposed TO let children sleep
as they viii. But when six or seven
yeas old, when school begins. this SEN
siblC policy comes 10 an end and sleep
Is nut of Dersistently through All the
years up To manhood and w0manhOOd.
A. the age OF ten or eleven the child Is
allowed 10 sleep only eight or nine hours
wien SIS parents should insist upon its
having what a. absolutely needs. that SIS,
ten or eleven at least I'd % twenty a
youth needs nine hours sleep and an
adult should have eight insufficient
sleep Is the crying need of the day. The
wait OF proper rest and normal condi-
tions OF the nervous system and espe-
ciaily ,hc brain. producers a lamentable
condition"
The Washington times., 1903-11-15
Killed by Serpents.

Recent statistics show that serpents
kill more persons in India than in any
other country. During 1901 the number
of victims was 22S1O and it is estimated
that almost. if not quite, as many were
killed in 1902
Physicians, by the use of proper anti
dotes. do what they can to effect cures,
but there are many regions where ply
sicians are very rarely seen, and there
the natives rely solely on vinegar, which
they apply TO the wound caused by the
serpent. This simple remedy is said to
prove very effective if administered in
time, and 1t is also useful in the case of
wounds caused by other animals besides
serpents-
The Washington times., 1903-11-15
Oldest Family in World

OF the 400 barons in the British house
IF lords, aboup a dozen of them date
back 10 400. the earliest being 1854.
The oldest family In the British isles
is the Mar family. in Scotland. 1893.
The Campbells. of Argyle began In
1880. Talleyrand dates from 1899, and
Bismarck from 1870 The Grosvenor
family, the Duke Of Westminster, 1866;
the Austrian house of Hapsburg goes
back to 952 and the house Of Bourbon
TO 864. The descendants of Mohammed,
born $40. are all registered carefully
and authoritatively In a book kept in
Mecca by a chief of the family Lit
tie or no doubt exists of the absolute
authenticity Of the long line Of Mo-
hammed's descendants. In China there
are many old families; also among the
Jews. But IN point Of peoigrees the
Mikado Of Japan has a unique record.
His place has been filled by members
Of his family for more than twenty-five
hundred years. The present mikado
is the i22d I'm the line. The first one
was contemporary with Nebuchadnez-
Ear 666 years before Christ
The Washington times., 1903-11-15
A New Canal.

Few enterorises which have been
started In Europe within the last quar-
ter Of a century are Of greater CONNER
cial Importance than the new COrinthian
canal. "A picture Of which accompanies
this story.
Whsn the project was first proposed
many skeptics jeered at IT, asserting
that Il would cost an enormous sum of
money and that some of the difficulties
in the way would prove practically in
surmountable A syndicate was never
the.ess formed and the work was begun.
The Washington times., 1903-11-15
AN ACCOMMODATING EDITOR.

\ clustering, self-impOrtant gentle
man walked into a barber shop at Peck
and wanted his hair cut. he didn't want
any talk. just a plain haircut. and he
wanted it right away. The modest and
unpretentious old gentleman In the shop
attempted 10 explain, but was roughly
told 10 go ahead without a word After
the job was finished the man who knew
everything looked In the glass and was
Mortified at his appearance. He fairly
stormed around. and Indignantly asked
the old gentleman If he called that a
haircut. The mild old man meekly re-
piled: Il don't know; you must ask the
barber. Hell be in presently ] am the
editor of the village paper, and was
waiting for a haircut myself. but you
wouldn't give me a chance to explain. "
Lexington CMich.) News.
The Washington times., 1903-11-15
Toy Railroad.

The most elaborate and expensive toys
IN the world are probably the miniatu
railway systems which have been in
stalled on the private estates Of Eng
land. In som, cases the tiny tracks are
several hundred yards in length. Part
of the road is double-tracked. with