davidaulloa/AmericanStories huggingface dataset:
Daily capital journal. (Salem, Oregon) 1903-1919, 1907-02-08

Perhaps there may be sucn a
thing as genuine insanity produced
by anger, jealousy or revenge and
n there is. which is a question oil
fact 10 be determined from the eVi-
dence then It is a defense to the same
oxtept as insanity produced by any
otber cause: but it must be genuine
insanity as distinguished from tur-
bulence of passion produced by de-
sire for revenge (People V. Foy, 1873
n Y 666. 667), and it must, as is
EXPRESSLY required by section Fl OF
the Penal Code, have been such as
IN render the accused incapable OF
knowing the nature and quality OF
bis act or OF knowing that 1t was
wrong. The heat of passion and
feeling produced by motives of anger,
hatred. or revenge is not insanity
and affords no ground of exemption
from responsibility. People V. Foy,
1875 n. Y. 666,667.
"In some states phase of insan-
ity known as insane irresistible inn
pulse. resulting from mental defect
or disease, is recognized as ground
OF exemption from responsibility for
a crime committed under its influ-
ence: Il being held in these states
that n an insane impulse so over
masters the will of a person as to
lrreslstibly impel him to the COM
mission of a homicide. he is not re-
sponsible. although he may know
the nature and quality of his act and
may know that Il is wrong. 12 Cyc
169; 2t Cyc 665. In other states,
however, this doctrine is not recog-
nized. aud II has no place in the law
OF New York In this state II Is
expressly provided by statute that a
person Is not excused from criminal
liability as an insane person except
upon proof that, at the time of COM
---------------------
Daily capital journal. (Salem, Oregon) 1903-1919, 1907-02-08

hut ~ ~ not 80 much the purpose oi
this brief article 10 advocate the Just
rights and privileges due 20 the women
OF this country, although II has afforded
the writer great pleasure 20 pen the fore
going brief tribute % their worth and
Just deserts, as Il Is % call attention TO
tho fact that when broken down in
health and strength by Over-work, the
too frequent bearing OF children, the
never ending toll, worry and care OF the
household, or by whatever may over
tax the strength and dehcacy OF her
sensitive system, there is oiss, tried and
proven, SAFE remedy upon which she
may rely to regain health, strength and
the power "a fully enjoy life,
That remedy Y DIR, hece's Favorite
prescripiion-a remedy made wholly
trom the Roots OF native forest plants
which have been proven 10 be most
sffsoacoss, Fritabic and safe In the cure
OF woman's peculiar weaknesses, period
ical pains, irregularities, wasting and
weakening catarrhal, pelvic drains and
Kindred ailments. II Il q remedy. the
makers OF which print its formula ON
every bottle wrapper aad attest tts COW
pieteaess aad ooFrrofReSs sadsr oafA A
remedy devised and adapted 20 woman's
delicate constitution by an educated
physieian--an experienced specialist In
womans diseases; a remedy, eveFy In
krodieak, which haS received the writ
ten cbrst gent OF Me most eminent
msdicar rlsslv OF all theNeeveral ashools
Of pFseticN lcA the eure\of Woman's
peculiAr dlsNasss; q remeds\whlcA has
more eeaa-f.ds Arcs 20 lts cN,iit than
any other sold oy ApgElstA Aloax Nuan's
special requirements AalMpoMNone
Shieh eon;Ains ~ alcohol NNs
Delicate, weak, nervous women should
especially sh0n the use Of alcoholie
nedioiics which, from their stimnla,-
ing and sxhlieratng effects NAV sem.
tor a utnc, % do lvoOd, but which. from
The inevitable elects Ol the alo,,hol In
shrinklng up the ND corpuscles Of the
blood, arc sorc 10 do great and laSslns
harm In The long run. Resides thew
begei = craving for stimulants which i
uio<t dcpl0uAhle. SfaVorite Pr,,eerin-
ton = fAs oAs remedy ior WomanNs
uls which contains no alcohol.
Only lnvigorating and nerve strength.
enlng eiiecia can hollow the use IA flis
famous meticlne tor women. II ear
noi possibly do harm IN Any state az
eondiuon ~ the system.
II q wcman has hearing down. or
dragging pains, low down in he ahde.
uasn. O. peiyis, bsekache, frequent
Daily capital journal. (Salem, Oregon) 1903-1919, 1907-02-08

headaches, dizEy or fainting spells, Is
nervous and easily startled, has gnaw-
ing feeling in stomach, sees imaginary
! floating specks, or spots before her
eyes, has melancholiA, or vblues.p or n
weakening disagreeable, catarrhal drain
nom pei vic organs, she can make no
mistake by resorting 10 the use OF DR..
Piere's kayorite Prescription. II will
inNlgorate and tone up the whole sys-
tenn and especially the pelvic organs.
Dr. PierCe's favorite Prescription Il
a scientific medicine, carefully devised
by an experienced and skilliul phvsi.
clan, and adapted 10 womAn's delicate
system. Being made OF native American
medicinal roots, and without alcohol
it is perfectly harmless in It's effects
90 any condition Of the female system.
As powerful invigoFating tonic e ia.
Norite Prescription impArts LASTING
strength 10 the whole system and 10 thS
organs distinctly feminine In particular
For over worked, sworn out . run.
down. dehilitated teachers, milRners
dressmakers, seamstTesses, Wshop-gitlss
house keepers, nursing mothers' ana
feeble women generally, DR.. Pierce's
favoIite Prescription Is the great,st
earthly boon, being unequaled as an
appenEing cordial and restorative tonic
As a soothing and strengthening nsy.
vine. Favoute PrescriptiOnR h nm.
eQualed and Is invaluable In Allavirs
and subduing nervous excitahihty. h.
riiaoilty, nervous exhaustion. nervous
prostration, neuralgia, hysteria, spasms
st,Ni.os's dance, and other distressing
nervous sNmpiors commonly attendapi
upon inncii, nal and organic disease M
TIE Nonanly oVans. Ii induces -
iressllng sleep ana relieves mental anyi.
ely aud dcspOnCeGcy.
No woman suffering from Anv n, ,ho
above symptoms can afford ~ aecsn,
any secre, nosirum OF medicine al -
kH0@s oo~fostts0R, as a substitute ~,
a medicine like Or. Rerce's Favor;,s
: Itesofi iltion, whh is oF ENowN COW.
POSITION and has 4 record Of over iortv
years ot cures and oils more lsrgsS,,
today than ever below. Ia max,
withhold no secreis from their ns,ients
believing open publicity to be ths vs-,,
best guaranty of merit.
Or. Pierce invites an nf,, rn, v,o..,.
70 eonsnlt him by letter me ~ 80.
Az letters ot Consultation are hslS 4.
strctly private and sacredlv ccns.,.--
Val ana All answers ane F,.,prr..S 4,
plain, sealed envelopes. Adsr~s-. ~. -
X. Y faerce, lnvaiids' aotel sna sn.,
goal Institute, Buffalo. n. Y.
Daily capital journal. (Salem, Oregon) 1903-1919, 1907-02-08

Law and Procedure. malice Is implied
in every intentional and premeditated
homicide. II there are no circum-
stances serving 10 mitigate, excuse, or
Justify the act. 2i eye 7Os. Under
the New York statute, assuming that
Thaw was sane. bis killing OF White
was murder In the first degree, unless
Il was iustihable or excusable. II II
was committed either (D from a de.
liberate and premediated design to
Kill, or (2) by an act immlnently
dangerous TO others. and evinclng a
depraved mind. regardless OF human
life. although without premedltated
design 20 effect the death OF any In
divldual. n. Y. Penal Code. lS3
The kllllng was murder In the see
ond degree II II was committed with
n design 20 effect death. but without
deliheration or premedltatlon. n. Y.
Penal Code. lSt, While Il Ia neces-
uary 20 murder In the first degree,
under the statute. that there shall be
both doliboratlon and premeditation,
In addition TO the intent 60 XIII. all
that the law requires is that the kill
Ing shall not be the instant result
OF impulse. and Il n sufficient II
there Il some thought and reflection
on the act. and a choice and deter
minatlon as the result OF such mem
tai action, People v Hawkins. iOS
n. Y. 4OS; People v. narberl. iAs n.
Y. sbs; ~ cye 7s6,
'under the supposed facts and cir
cumstances OF the killing Il seemi
clear that there can be no question "a
Co manslaughter. Al common law.
a homicide Il not murder. hut man.
slaughter only. although intentional.
" committed. Il q is committed IN
the heat OF passion caused by adc-
Qaate proyoeatlon; but passion. how.
ever great. h not sufhcient TO reduce
the killlng TO manslaughter. n the
provocation Il not In its nature ade.
quato Ia the eye OF the law. or n
there has been time after the provo.
cation was givcn Tor the passion ~
a reasonable man 60 cool, whether 4
does la fact cool or not, since the
safety OF the community requires
that persons shall reasonably control
their passions, Aud. although there
has been some tendency 10 leave the
question Ia such eases % the Jury.
the Law has Ions been settled that
mere suspicion, or even actual knowi-
edse, on the part ot husband. OF
past or even eoatiauias Illicit rela.
tions between his wife and another
man u not such provoeatlon as viii
reduce his kllllng of the man from
murder 70 manslaushter. n Cye
fai-tAs, A foftiorl. suspicion, or
even know leige, on the part OF man
that bis wife Is being pursued or an
noyed by another would not be such
provocasioa a. 10 reduce a homicide
% mansiaugh,or, Furthermore. un.
der The present statute Ia New York
homicide cannot b. elassed as man.
slseXhier, except when there Was ne
design 60 caect DEATH when that
p1Fpose h prosens the crime is muir
ter IN one of lts degrees. unless Il IA
eKcasAhle o. iastinahls, \. Y. Penal
Daily capital journal. (Salem, Oregon) 1903-1919, 1907-02-08
wOMAN'S RIGHTS.


Think of the greatest who has lived this
then think of him he lay infant his mothers
seem possible that he should have become the wor
estimate and perhaps had monuments erected to epetua his
and yet that the world should have forgotten
woman who bore him The sons work the mothers primarily
therefore the recognition of the dignity
ehood should longer be delayed 1t high country
greatest reasuesTR LARGELY
MAXI Is-should be recognized
Why should not these good mothers be given the right
have voice in governmental right that
most ignorant most insignificant and v.est of
has been well said that "or every monument to great man
there should be his mother and the
should be built first
Daily capital journal. (Salem, Oregon) 1903-1919, 1907-02-08
THAW MURDER
CONSIDERED
FROM LAW
William Lawrence Clark, Reviewing
Editor of Cyclapedia of Law and
Procedure

In view OF the importance OF the
trial OF Harry X. Thaw for the kill
Ing OF stanford White aud the great
interest Il excitca. not only locally
but throughout the country, and even
abroad, n statement OF the law by
which the guilt or innocence OF the
ACCUSED must be determined will be
Of interest not only 10 lawyers who
mako no special study OF the crlmi-
nal law. but 90 laymen an well. A
statement OF the law on the subject
has been procured from Mr. William
T.. Clark. reviewing editor OF the
cyclopedia OF Law and Procedure,
known and cited ns Cyc and the au-
thor OF well known works on tho
criminal law. For the benefit OF our
readers who may be interested In the
case and wish 20 follow the testimony
aa Il II published from day TO day
We hero reproduce his statement.
He says,
1T would be both improper aud
unfair 20 the defendant TO express
any oplnion as TO hls guilt al this
time Whether he IL guilty or lnno-
cent must be determined. not on the
facts which have been published In
the newspapers. but on the facts az
they appear from the evidence which
may be- given az the trial. and the
question will be decided By the Jury
ON this evidence under tho courts
instructions 10 90 tho law, They can.
not convict unless they are convinced
of the defendants guilt beyond
reasonable doubt. aud a reasonable
doubt aa Co his sanity at the time of
the kllling viii require an aeanlttal.
with rea9ecl 90 tho law there
can be little question. In the hrst
place Il h perfectly clear that the 40.
called 'unwrisien' or higher law. In
the senue Ia which the terms have
been used In connection with thls
ease has no place IN tho Law OF New
YORK, The inR0conce or gullt Of one
who kills another depends entirely
upon the applieation 90 the facts OF
the law established BY the statute
and indieiai decisions Of the state.
of coarse Il h possible Tor a Jury 10
disregard the laW a. lAid down Tor
their guidance In che charge of the
eenrf. and tails is all there IL TO the
idea ipFolyed Ia this asc Of the term
'uowritlen law; bat IN this state
Jurors are not the judges of the Law.
bat ~ the facts only, and under their
oaihs ihcy arr required 10 decide ae
eording 10 the Ian as given them BY
the eorri \. y. Grim Proc. lis.
n the Ian Is harsh as applied Ia ihe
facts ~ aay particular case then the
remedy Il by application Cor eseeu.
tive elemeney, People '. sullivan.
iNI \. Y. sae
Independently of statutory provi.
riens, n q sane man Intentionally
Kills snothsf. b. Is guilty of murder.
unlesa the circumstances afs proven
% have hesn saeh a. 90 justify OF
ektnse his Asi. 90 10 reduce Il. hy
reaeon ~ proyoesiioa. 70 man-
slaughter and n a person inlsntloa-
atty hfes a pistol a anethsF. an In
fsation 70 kiil 70 presumed. A q h
eoneisrly aid Ia ths cycl0psdia of |
Daily capital journal. (Salem, Oregon) 1903-1919, 1907-02-08

The best place to buy is where the
best stock OF lumber is carried. The
entire building trade know that
there is not a finer stock of lumber
than that carried by us. We are
ready to FIJI the largest contract
promptly. We don't keep the build
or waiting. That's a very important
point. Near 8. p. passenger depot
GooDALE LUMBER 90.
Phone SO Main.
Daily capital journal. (Salem, Oregon) 1903-1919, 1907-02-08
Those
Wooden Blankets

The heavy ones that every y.
uses during the cool months =.
clothing, are awkward thin,
handle at home. Why not sen, Z
to the laundry when they pe,a =
ing?
You'll not only save yourxr i
of hard work, but you will hw 4
returned to you In better eo,s,
than If you tried to wash tlr.
home.
We make them cleaner. us,
ilufiier, and do not shrink then
truth of the matter is. that An
man who will compare a hu,a.
blanket from The Salem stsan 1.
dry, and a home washed one. \
not help but notice the dIfrs
The home washed one will be 4,
streaked, feel sticky, look lunVl
smell badly. while the one I'd
the laundry will be perfectly 4
sweet and fluffy. Yours for np
work.
SALEM STEAM LAUNDRI
Phone 20. 186-i06 s. uhav
Daily capital journal. (Salem, Oregon) 1903-1919, 1907-02-08

CONTINUED on page seven).
The Washington herald., 1907-12-16
SEEK TOWEL TO CLEAR DEATH
Philadelphia Police Have Theory in
Abrams Mystery.
Levy Freshman. Father OF Dead
Mans Fiancee, Tells Officers
story of the Crime.

Philadelphia, Dec. 15.-Jpon the recov-
cry OF a piece Of toweling. which Cor
oner Jermon says must be FIVE feet or
more long, hangs the possible solution to
the mysterious death Of Rchc-s Abrams.
twenty-three years old. who was found
strangled at the home Of Bessie Press
man. his hancee, ut 429 Fitzwater street,
early yesterday morning.
Its recovery viii probably exonerate
Levy Pressman. the girls father and
Rabbi BrOwSlow, who We're taken into
custody on suspicion Of knowing Of the
death of Abrams. and who were to-day
released on bail by Coroner Jermon, be-
ing held simply as witnesses
After relating three different stories
concerning the death Of Abrams. and the
manner in which he found his body. Levy
Pressman to-day, after being put through
crOss-fire of questions from Coroner
Jermon and Detective Paul, declared that
Abrams had committed suicide. following
a quarrel with his daughter. and had
ended his life with the aid Of a towel
thrown over the door leading from the
kitchen into the cellar
If this piece OF toweling is recovered"
said Coroner Jermon tonight. "and il can
be shown that Abrams, with lis aid. could
have hanged himself. as told by Press
man, il viii go a great way in clearing
both men from any suspicion OF implica-
tion in the death Of the young man"
The Washington herald., 1907-12-16
SLAYER'S LOOKOUT A WOMAN.
Mystery % Murder OF Frederick II.
ROmer May Soon BE Cleared ID.

New York, Dec. 15.-The mystery Of the
murder of Frederick r Romer. whose
body was found badly beaten early Fri
day morning in his room in the Park
Hotel. in Orange, y. j., took a new turn
to-day when Charles Graham told the DO
lice that he saw a woman, carrying a
baby, and acting strangely, in front Of
the place a short time Hefore the tragedy.
He said a low whistle, coming appar-
emily from hotel window. was answered
by the woman. Chief of Police George
Washer expressed himself as puzzled at
the story, but would not say definitely
what action he was taking with the
clew.
Graham is a liquor dealer and lives in
Rosevile avenue. Newark. He had at
tended smoker, given by the Knights
of Columbus lodge. in Orange. and
started for home shortly after O'Clock
IN the morning.
The woman was described as being
about > feet > inches tall and rather
heavily built. Neither her face nor the
childs could be seen on account Of wells
Detective Sergeant John Draben OF the
Orange police department, spent large
part of the day to-day in New York at
tempting to locate a woman who is sup-
posed 10 have written a letter that was
found among the dead undertaker's pos
sessions.
The Washington herald., 1907-12-16
TREAT INDIANS SHAMEFULLY
subcommittee to Make Serious
Charges in Its Report.
Declares Brutality TO Women Was
pOOs of Their Land.

In a special report 10 be hled with the
Senate to-day by a subcommittee OF the
Senate Committee on Indian Affairs. COM
posed of Senator Teller. chairman. and
Senator's Curtis, Of Kansas. and La Fol
lerte. Of Wisconsin, the charge is made
against what is known as the Chapman
Grimes-Conine people that their conduct
In their efforts TO secure the valuable
lands owned by the Mexican KickapOO
Indians. in Oklahoma, was criminal and
brutal in the extreme. OUtrages We're
shameiessly perperated by them. and
their conduct has never been eQLaled in
the history OF any dealings TO secure
lands from the American Indians.
The subcommittee has been investi-
eating the matter for several months.
The investigation was authorized by the
last Congress. The committee took evi-
dence at Eagle Pass. Tex; Douglas.
ton. In explaining how false deeds were
secured by the alleged grantees from the
Indians. the committee makes the charge
that the consDirators had all the lead
ing members Of the tribe arrested and
thrown into Jail" The charge is made
also that names were forged % deeds.
IL is charged that illegal marriages were
procured to further the plans Of the con-
spiraters, and brutal attacks were c,34l-
mitted upon Indian women The commit
tee says further:
1t is led 10 believe that the Chapman
Grimes and Conine people We're material
ly assisted in their efforts By the unfor-
tunate appearance of F. A Thackery,
United States Indian agent at Shawnee.
and George Outcelt. assistant United
States attorney" 1t is claimed that the
government officers stopped at the same
hotel with the alleged cOnspiratOrs, Civ
ing the appearance thereby Of sane
tioning what they did. One of the men
named in the report as being interested
in the matter is Cash Cade. prominent in
Republican politics in the Territory.
The committee recommends first that
suits be brought 20 set aside all deeds
that were fraudulent. second. that a spe-
ciai attorney be employed 20 have sole
charge of the cases; third. that certain
patents issue Immediately from the gov
ernment to certain Indian aII0ttees whose
claims have heretofore been contested by
the alleged conspirators.
The Washington herald., 1907-12-16
FISH TELLS PLANS
Will Name Illinois Men for
Central Board.
TO CHOOSE THREE DIRECTORS
Also VIII Be Il Candidate Himself
for Election AgRinSt the Hartman
Forces = Desires 10 Conform 10
strict Letter of the Corporation
Law of the state OF Illinois.

Chicago. Dec. 15.-It was stated by per
sons in the confidence OF Stuyyesant Fish,
who. talked with him 1T the Auditorium
Annex to-day. that he intended to name
as his candidates for the Illinois Central
directorate three citizens of the State OF
Illinois and himself
A year ago Mr.. Fish asked, at a di-
rectors' meeting. whether it were not
legally required that a majority of the
board OF directors should be citizens of
Illinois? The question was referred to
counsel for the company.
No answer was made until early last
summer when an opinion was rendered
to this effect "Inasmuch as the charter
of the Illinois Central antedated the law
requiring a majority of Illinois directors
in an Illinois railroad corporation. counsel
is in doubt Mr. Fish declared to-day
that he thought the Illinois Central could
not do better than to conform 10 the
spirit of the present law.
Hartman Makes Statement.
Mr.. Fish's friends called attention to
the fact that in a circular dated Novem-
Der SO. signed by f. II. Hartman and
seven of his fellow-directOrs, the follow
ing contracting statement was made:
we therefore believe that the welfare
of the company will be promoted by the
giving Of proxies TO President Harahan
and Secretary Hackstam, who intend 20
vote for the reelection of Messrs Astor.
Hartman. and Hackstaf Zone of whom
had been "a director for twenty-four
years, one FOR nineteen years. and one
secretary or vice president for nineteen
years.. and for some prominent, response
bic, and thoroughly independent man for
the remaining position 90 be hlled.''
Two or three months ago the name of
the president of a great CHICAGO bank
was mentioned as MT. HaTiman's fourth
candidate. and IL was even rumOred by
his followers that he contemplated put
ting in two Illinois candidates Little has
been heard of the bank presidents cam
didacy Of late, and il is understood that
he VIII not be on the ticket
The Washington herald., 1907-12-16
EXPERIMENT IN EXPLOSIONS.
Geological Survey to Establish Sta
tiOn for Mine GaSes

Pittsburg. Dec. 15.-The United States
geological survey is looking for suit
able site in the Pittsburg district for an
experimental station in mine explosions.
1t is the intention to have a model mine
Of steel constructed, in which shall be
exploded all sorts of gases known to
mines. so as to discover the best way of
combating them. Explosives will be hurl-
ed into the steel-walled mine with a NOR
tar. The effect will be noted and remedies
sought.
1t is the intention in this way to test
all powders and dynamites and set forth
70 the mine owners Just what sort OF ex-
plosives can be used with safety in the
mines
1t is also hoped TO improve on English
methods OF fighting fire damp after an
explosion, so that ,rescuers may enter
mine almost Immediately after an ex-
plOsion.
The Washington herald., 1907-12-16
MORE BANK LOOTING Is FOUND
Plunger Treadwell Obtained Two
and a Half Millions.
Investigators of Defunct California
Trust Company Discover Some
Accounts Overdrawn.

San Francisco, Dec. 15.-Au kinds of
crookedness are being discovered by the
investigators Of the defunct California
Safe Deposit and Trust Company. The
books show that Walter j. Bartnett OBJ
tained $25,0O0 from the bank three days
before it failed. This was done with j..
Dalzell Browns permission, and it in
creased Bartnett's overdraft to $4,000.
1t is probable that the coming week
Will see the arrest of James Treadweu. a
famous mining expert, who is now re-
garded as the real offender He obtained
two and half millions 10 carry on two
Trinity County mines and other ventures
lie was engaged in.
Treadwell has been the greatest plunger
OF his day in California. He has won
and lost several great fortunes in the
mines, and to-day he is stalking every
thing on two mines In Trinity County, on
which he obtained more than 81 .O0G. 600
from the hank. He is also interested in
all industrial companies which the bank
has carried
The depositors believe that it was he
and not Brown and Bartnett, that was
the real head Of the institution. and that
he is responsible for the wild loans