davidaulloa/AmericanStories huggingface dataset:
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1909-08-12
Two Arctic Eremies.

Since the beginning of time there
probably has been enmity between the
polar bear and the walyus. Except for
the valrus. bruins reign over the
arctic regions has been almost uu
challenged since the race OF nam.
moths passed. All tho hardy flesh
eaters that inhabit the bleak, unfcrtile
northland are his natural prey But
most of all he depends upon the seals
and sen lions for his food There is
only one animal that is powerful
enough to defend itself ana offspring
against the polar bears attack the
huge and cumbrous wairus, but its
movements are so slow and awkward
whom out of the water that often 1t Is
impossible for the bulky animal To re
tard the swift attack and retreat o.
It's smaller opponeut--St Nicholas.
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1909-08-12

~ witff-or lnt6-an afIgator we
needed meat, and the skin was worth
good deal, so, half in revenge, hall
in curiosity, we went ont and plugged
holes in the monster When the guides
cut II open they stopped and drew
things out-the' bones and the cotton
clothes of the guide this cannibal
reptile had swallowed The very knot
was still in his Sarong. Oh, don
squirm. This is orchid hunting
we had three guides left at the end
OF the second month, when padding
along one day where the vines over.
reached and let snaky tendrils draggle
down, we came to fifty yard clear.
ing We saw there the sides of three
canoes. half smothered with rapid
growing vegetation, and 1900 alligator
skins, well salted, but deeaying Hang.
ing to the roof Of what had been a
kind of lean.to were 100 orchid plants
-withered and dead. On the floor lay
two rusty rifles and two skeletons
Out by the ashy place where the FIRE
had been was a third skeleton. I'D
between the ribs were cheerfully grow.
ing some gay weeds.-Everybo dy's
Magazine.
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1909-08-12
a s,on o. the Times

When ledge ". l. Walls Of wv.
oming VAS ycunger-and not so wise
he wrote a poem It was a humos.
Gus poem touching upon political con
ditious in the city hall at Rufa'o.
y. Y. where no then lived.
with bis back against the locked
door. he read the poem to coterie
of friends They all, laugh "a hear
tily. bu' none so heartily as the su.
tEor himself
Encouraged by their apparent ap-
probation of his vit. he took thu
poem 10 The city editor If a local
paper THE editor also laughed with
= heartiness which was fattering. bat
ne handed tho manuscript back.
WHY -snt it eoode' demanded the
poet IN surprise.
Pine"
~Are yea going 10 priut it,"
Id Ike Co. said the editor. lower.
ing bis voice to a phirIrr "but. vou
see. Walls. I've got a wife and chill
dren.' '--LipDincott's-
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1909-08-12
COST OF AN ORCHID
HUMAN LIVES SACRIFICED FOR
BRILLIANT FLOWER.
Hunters Narrative OF q Trip Up the
orinoco in Quest Of the Plant
/ Is Not EStrcrcY Pleasant
Reading.

II is not a pretty story. this nara
tive Of a trip up the Orinoco, but you
may understand orchid people better
If YOU read It:
1T began unluckily." said he. Il
took a partner, because I'd learned
that the dark places of earth are bard
upon man by himself met him
at Port of Spain. and he was eager
for the adventure because he had
Just absconded from a British mer-
camille house in Havana. and the
Orinoco sounded TO him like Haven.
We hired few negroes Our real
guides we would pick up at Argos
tura. One day while waiting for the
stores TO be packed took my partner
out 10 show him what an orchid was.
Near the Pitch Lake I saw one in a
tree, and ordered one of the negro
boys to shin up and get H. He
wouldn't. A deadly snake dwelt in
that tree. be declared He was afraid.
Afraid of snakes, Nice. efficient. help
full boy to take into tripical forests.
wasn't he's
II was characterization before the ex-
petition had even started So cuffed
him and handed him my hunting
knife. Bring down that flower and
also the snakes heal ordered: and.
whining. trembling he went up the
trunk He was detsching the orchid
from where II chung when q thing like
IL lFf
suddenly struck AT the boys wrist.
He screamed with terror, and. topplIg
down. wriihed With pain. lie died
and felt a gloom settle on nav spirits
Welt. at Angnstpra. 80 took RATS
and six guides upstream. First one
guide died Of fever: then another was
bitten by poisonous insects. One fen
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1909-08-12
every Brain Hollis a Sleeping Partner

every 6raln Hoias Sleepin9 Partner,
In his second lecture on the brain
in relation s TO right handedness and
speech, delivered az The Royal insti-
tute. London, Prof Frederick W Mott
emphasized the intimate connection
twisting. between he various centers
n the brain,
While most rlght-handed people are
able 10 articulate words nationally
through impulses Arising from Ger
iain small portion Of he lcft hem-
i>phere OF the brain the cores pond
ing convolltiou on the right side, nor.
mally a sleeping partner" May bl
trained 70 do It's Fellows work should
his become injured
cnlions poiat emphasized by The
lecturer was that although the nery
ous impulses which auow us 10 spcah
and 10 uso The right hand for al
binds of intricate noyements arise
trom he left hemisphere Of the brain,
this has not caused it, in all the ages
We have talked and been rtghlhand.
ed, to become heavier or arger than
les less used t+liow
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1909-08-12
ST. LOUIS CATTLE.

st Louis. Arg. 1l--CATTLE Re
ccipts 1900 hoad; natives lower;
Texans higher; native spring aui eN.
port steers s65OM110; dressa beef
and butcher steers 5.4oGG49; stock
ers and feeders 3EoG50O; cows uvd
heiiers 3.25nG55; Texas and indian
steers 3.4066,25.
HOGS-Rcceipts $500 lower: pigs
and lights s6OO0775; plrkers 7.5oI
$50; butchers and heavy 770N 100
SHEEP Receipts 600; steady
native S3.50Ml50; lambs 60pG 80.
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1909-08-12
EnaIard Losing Population.

The increasing exodus of emigralts
g alarming England. Mr. Ellis Barker
n the Nineteenth Century points out
that the chief cause of emigration is
Unemployment and ill-paid employ
ment Lately emigration has been
increasing at an alarming rate. The
act total. Hiss in 1900. TOSS TO 139. 35s
1895 and 237.204 in 1907 Nations
which choose 10 rely Tor their food OF
foreign countries. and which cabnof
export a sufficient quantity of MANI
lectures 70 pay for them, have 10 er-
port men. Men are the largest OF our
Invisible exports.
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1909-08-12
CHICAGO LIVE STOCK.

Chicago, Aug 11.--CATTLE- Rc,
ceipts $4,000 head; steady to %
lower; steers $5.G0n7.65; COWS anl
heifers 3,5od601; bulls 5000 +.S5;
calves 3o0M 500; stockers and feel
ers 3.75m 5.15
Receipts 10000 heal: 70
lower; choice heavy $750fp7E5
butchers 7SOdI90: light lnIxeI $50
GD77o; choice light 7Som7.o0: pack
lug 715m14O; bulk of sales 1850
ia.
SHEEP Receipts $4,000 lambs
strong sheep wax; sheep St.G0I
5,25 lambs 6.25nI90; yearlings 500
m54O.
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1909-08-12

The British government has Issued
n proclamation prohibiting the cap.
.ture or destruction OF GOura pigeons
and ospreys for the next i've years in
papua No permit or license wil. In
future be issued except to duly accred-
tied agents OF some recognized zoolog
zeal or other SCENT , sot tpty. This
rule will materially cnrtaa The future
supply from fanua for commercial
purposes OF that pretty article or
hoadgear. the osprey feather, so nigh
~ valued by women in all countries.
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1909-08-12
TO Kill. THE DANpRurF eeRn.
Is the Only Possible Way OF Having
An Effective Cure.

n you see a woman or a man with lux
urianf glossy Lair you may hc sure net
therhas dandruff 70 amount to anything
In nearly every case where women Enl
men have thin brittle hair. they owo 1t
to dandruff. There are hundreds of prep
arations that claim" TO cure dandruff.
but not one but Newbros IIerpiclde tells
YOU that dandruff is the result of germ
bnrrowing into the scalp and that per-
manent cure of dandruff and its conse-
quent falling and badness. can only be
had by killing the germ; and there is no
other preparation thar will destroy that
germ but Newhro's Herpicide Destroy
the cause. and you rAmove the effect z
Sold by leading druggists. Send Icc. in
stamps for sample 70 The IIerpicide Co.
Detroit Mich
On. duli. -.otc-e. su.ranJeed. PaGl
G. Seisdb 4 Sons, specia, agents.
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1909-08-12
NEW YORK MONEY.

New York, Aug. 1l.-Money on ca
steady, ~ a 2l2; closing bid , peg
cent. Time loans strong; sixty DAYS,
"a ninety days, >; six months. per
cent Mercantile paper 4 To AZ p"
cent. Exchange steady; demand
1865; sixty days. +iS5.05M iS5.2o;
bar silver. sic.
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1909-08-12
MINNEAPOLIS WHEAT.

Minneapolis. Aug 1l.--WIIEAT. -
September closed 9S$4 q 9Skc; De
cember 95k d9j@s: cash No. nor'n-
ern S1.35@ l.36; new to arrive lo1h;
No. ? rorthern L33@L34: new to ar
rive 99hc..
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1909-08-12

finaN tone was steady. net unchanged
Sales, 24551 bags; September. $50,
spot quiet; No. Z Rio, ~ m7iac; mil,
dull Cordova, 912 n12hc
SUGAR Raw firm; fair refnias
S3.5S@ Sol centrifugal, 90 test $4oSft
All; molasses sugar. $3.33M33G; re
fined steady.
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1909-08-12
GOVERNMENT BONDS.
PROVISIONS.

BUTTER Firm; creamery specials
and extras. 2fT pc
CHEESE Steady and unclanse4
EGGS Easy agd unchanged.
COFFEE Futures -rened s''adr at
unchanged prices in k.eping Vi'h The
unchaugaf market o. Havre Ia.
was q -rsttrriug urnauc. Urchab 81
due io Tho continued etaJiin"-e 81 D.
primary markets. ana prices mere of
one Time ruled abou. unchanged io
FIVE points higher The improvemea
was lost later under realizing. but tn
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1909-08-12
EXCURSION BULLETIN.
SEASON 1909.
ILLINOIS CENTRAL r. r.

CAIRO TO
Dawson Springs and return. ~ Sc
Good six months
Cereleuan Springs and return. 5 10
Grayson Springs and RETURN 8 40
Marion, KY. and return. ....... ABS
Waukesha, Wis, and return.... 20
Detroit, Mich, ana return. Il 30
South Haven, Mich, and return 10 SO
Bay View, Mich, and return a. IS
Petoskey, Mich, and return. N. IS
4arbor Springs, Mich. and ret "a SO
ST Paul, MINI, and return. 70 IS
Denver, Colorado Springs or
Pueblo, Co., and return. ga. 81 IS
Portland. Oregon and return. G. 10
San Francisco. los Angeles or
san Diego, cal.............v $3.50
Seattle and Tacoma. Wash j.. s.. 10
And many other points.
Tickets sold daily, commencing
June list, until September 80. AND
good returning until October 81. 1909.
Inquiries eheerfmiy answered.
j. n. JONES,
Ticket Agent, Cairo.
S.G.AATcH, Con. Pass. Agt., Chicago
A.HHANsoN, Pass. TrafMar. chIcago
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1909-08-12
RECEIPTS AND SHIPMENTS

Chicago Aug 1.-The following
car loads represent the days move
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1909-08-12
MISCELLANY OUu.

ROOMS PAPERED $3.50 UP. Mar
able The Painter Signs and Out Door
Adv 900 Eighth street. Both phones,
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1909-08-12
eeuthhounk

No. / Express, Daily, lr....i:p Pm
No. . Express, Daily. N....1:s2 am
J. n. JONES, Ticket AssH,
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1909-08-12
FOR SALE
AT A BARGAIN.

One covert (original cost $3.50
One bicycle wheel surrey Original
cost 5000
One Trap Original cost $3.50
One Sulkey (original cost $500
One set Single Harness.
Two Saddles tone gents one lady'sD
Above vehicles in first. class condi-
ton. Apply TO w. J. JOHNSTON,
Care Woodward Hardware Go.
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1909-08-12
ILLINOIS Central.
Corrected TO August list, 1909.
THE FAST MIL ROUTE. T
Trains Leave Cairo:

1915 a. m. Daily Chicago vestibuls
Limited, arriving Chicago 1880 A. m.
2:12 a. m.,Daiiy St Louis Night
Limited, arriving 81. Louis 1908 Z. m
Sleeping car open at $3.50 p, m.
$3.50 a. m, st. Louis Special.
500 g. m, Chicago Daily Express,
500 q. M. st. Louis Morning TX
press, daily.
11:l5 a. m, SC. Louis Fast Nail
I1:l5 r. m, Chicago Midday Special
f:35 p. m. Daily St Louis Limited.
2:35 p. m. Afternoon Express for
OdIn. Efhngham, Nation Champaign
$40 p. m, Thebes Accommodation.
7:15 p. m, Chicago and Eastern
Express.
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1909-08-12
TIME CaPD CAIRO ELECTRIC RVS

Deli I,ue cars due 70 leave Second 81 -
Btit Lfut ing north on Com erclal Az
every 10 minutes from A. m. to II ?. m.
Going nj rth.on walnut Stevery l5 MINI I0
from G0s a. m to 1858 p. m.
P0plar ST. Line a 70 sags sa ags 81 a.
ing nor tn on Holhrook- al 5a57; sc27 s.s2; 3d.
10 an and on the same minutes every houl
until u ~ and il:l2 r. m.
tong west on Twenty-Elshth 81. ~ 6,.s
G.lg. "a E4s and 70t a. m. and or same min
utes every hour until 1894 ana 1854 p m.
Poplar 81. cars due to pass St Mays paTb
10 minutes after leaving Second 81
Belt Line Owl Cars fis5 D. On m T Issa
m; ~ q. NJ; 2yo g. M; $50 q. m; $50 . m
30 a. a..
North ca Com mercis-l3 ?, m, D m .
m q. ". .. m. a. m.
R.t ~ { Owl cars are due 20 Ptss We
nirtg-f, uith ST IS minuHs amer svif
SEC ~ 81
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1909-08-12

2:2O a m. Memphis and Nashville.
1925 a. m, Memphis and New Or
leans Limited.
600 q. m, Psducsh and Louisville.
f:41 p. m. Daily Memphis and New
Orleans.
l;4l p. m, Daily Nashville, Chattar
'ooga and Atlanta.
t:30 p. m, Fulton and Mafield 40
commodation.
$50 p. m, Paducah and LouisvilIs.
600 p. m. Memphis and New Or
cans Special.
For through tickets, sleeping csf
accommodation and further informa.
ton apply at Illinois Central Psssen.
ger Station. Cairo, III.
n. JONES. TIekst Agent
9. A. HATCH, @. p. A.
A. n. HANSON, Pass. Traffic Mgr.
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1909-08-12

FOR SALE-Rctail store, good,
profitable business. well located,
cheap rent, small competition. Bar
gain. Address Y. this office.
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1909-08-12
MOBILE 6 OHIO R /
Corrected TO August list, 1909.
Time ~ Trains AZ
CAIRO
kerthbounf

No. Express, Daily. lv....1:ss pr
No. Express, Daily S....s:17 a.
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-11-03
SALEM is
INTERESTED

The Development Club of East Sa-
lem will hold it's first meeting for
this fall in the Central Congregation
al church, corner of 10th and Ferry
streets. The most important busi-
ness for the evening is to create en-
thusiasm that will last the remand
er of the year. We have very i'm
portant matter relative to the South
Salem sewer to take action on. The
south Salem people have two pro-
posed routes for the sewer, one of
which will be very much to our ad-
vantage. The chairman of the COM
mitee on sewerage, one of our
councilmen, says it is up to the peo-
pie of, East Salem which of tie TWO
proposed routes will be taken. Don't
forget the time of meeting-Friday,
November the 5th, at s p. m.
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-11-03

that his personal popularity would
elect the whole ticket.
A discriminating vote which chose
the man put forward because of his
good record, but refused to support
the ticket behind him, resulted dis
a(trously to the Murphy plans.
Gaynor has been known for years
as ''reformer," and there is little
in his record that offers satisfaction
to Murphy. Though Gaynor was Bit
terly attacked in the campaign, the
men fighting for Hearst and Barnard
directed most of their shafts at the
ticket on which Gaynor ran, rather
than at him personally.
Charles H.. Whitman, the fusion
candidate for district attorney was
elected as the successor of William
Travers Jerome. defeating George
Gordon Battle by nearly 10000.
The full extent of the defeat of
Tammany is shown by the fact that
the board of estimate, which controls
the expenditure of billion dollars
a year, will stand as follows:
Fusion-Thirteen votes.
Tammany-Three votes.
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-11-03
ManipulatOrS Thought Gaynor
Could Garry the Ticket
Through, Gut Got
Badly Fooled.
GAYNOR is ELECTED
BUT BALANCE OF TICKET IS
BEATEN-RESULTS SHOW FUS-
IONISTS HAVE THIRTEEN AND
TAMNIANY ONLY HAS THREE
VOTEs-MURPHY CLEAR OUT.
UNITED PRESS LNAsED WIRE. ]

New York, Nov 3.-The domina-
ton OIL Tammany Hall by Charles
Francis Murphy and Daniel Cohalen
is believed to be at an end, follow
ing the routing of the Tammany
ticket at the election yesterday,
with the possible exception of JUS
tice William ]. Gaynor, who was
elected mayor.
In political circles this is consid--
cred the worst kind of a defeat that
could have come to Murphy and
Cohalen in their leadership of the
Tammany forces. PERSONAL Murphy
and Cohalen detest Gaynor. They
forced his nomination on the Demo-
cratic ticket because they believed
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-11-03
Concrete Clements Friendship.

An excellent improvement on East
Court street is just being put in, and
for years to come will stand as
credit to the property of that sec
tion. 1t is a five-foot concrete side
walk reaching from 14th to 18th
streets, without a break. The prop
erty owners got together and agreed
upon the best class of improvement,
and then let a contract for the COM
pletion of the whole job. The veter-
an cement man, J. P. Veatch, is the
contractor, and this fact of itself
guarantees the property owners a
good piece of work. The concrete
sidewalk limits are gradually being
extended by the city authorities. and
such jobs as the present one are the
result. Let the good work go on.
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-11-03
DID
NOT EVEN
HESITATE
But Dismissed Charge Against
ReyeltS as Soon as 1t
Was Submitted to
the Jury.

Just three minutes were reqHi-ed
by jury in the justice court yester-
day afternoon to return a verdict Of
not guilty in the case OF the state
against p w. Reyelts, the honest lit
tie butcher who conducts a shop on
South Comercial street. Reyelts was
charged with handling adultera.cd
meats, but it is evident that the pee
son making these charges was either
mistaken or had been grossly mis-
informed as there was not the slight
est evidence introduced which Wouli
incriminate the butcher.
This suit was an unfortunate oc.
currence and Notwithstanding the ic-
jury which 1t works upon Mr. Reg
elts bspiness there appears ~ be H.
cause or excuse for bringing such q
charge. Reyelts has a local trade
surprisingly large for so small al
establishment and his customers orc
among the best in the city. The prG
prietor of this shop has always prov
en- himself to be a neat, conscien
tious and honest man to transact
business with; his meats have always
been Of the best, and the general con
ditions OF his shop and slaughter
house are open to the examination
of anyone.
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-11-03
His Letter Creates a Sensation
Because Theories Must
be Adopted or De-
MED Positive.
1T MAY MEAN WAR
HE ALLEGES THAT THE ANIERI-
CAN PEOPLE ARE AGAINST
THE FEDERAL COURTS, WHICH,
ON GENERAL PROPOSITIONS.
is ONLY TOO TRUE.

Atlanta, Ca, Nov 3.-Thomas
Watson, who at one time was the
populist nominee for the presidency
has created a sensation here by send
ing a letter to Attorney-General
Hart declaring that an armed clash
between the state and federal courts
Is inevitable.
The letter follows a prolonged
fight between the state and federal
courts, resulting in the federal court
issuing habeas corpus writ for q
prisoner held by the state.
Watson declares that the Ameri-
can people entertain more pro-
found hatred against the federal
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-11-03
.h same existed prlOr % is amend-

tn same existed prior TO its amend
ment.
AS an authority the case Of MUIR
ply VS.. Commonwealth, SO N. E.
500, was referred to in which the
question arose as to whether the de-
fendant should be sentenced under
the act as it stood at the time the
offense was committed or whether he
should be sentenced under the inde-
terminate sentence act in force at
the time of trial. In this case the
sentence applied for the offense COM
mitted after it took effect and the
sentence was reversed and the cause
was remanded to the lower court for
a sentence according to the law be-
fore it was amended by the passage
of the act.
Following several other substan-
tial quoted authorities the state holds
that if the defendant should be SEN
fenced under the old law for a per-
iod of not less than ten years the
sentence would not do violence either
to the original or to the amended
act
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-11-03

1000 yards of this seasons
newest SILKS now on sale
from 25e yard and up.
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-11-03
Plaintiffs and Defendants Now
Work Over the Nice Sharp
Outlets of the Ore
g0n Law.
REACH CONCLUSIONS.
IF OFFENSE WAS COMMITTED
TOO SOON OR TOO LATE WHILE
LEGISLATURE PASSED LAWS
THE CRIMINAL IS CLEAR our
OF IT ENTIRELY.

Final adjudication of the case of
the state against A. B. Smith was
again postponed by Judge Burnett
this morning after hearing argu-
ments on tn part of the defendant,
who was represented by Attorney
w. M. Kaiser, and the state, repre-.
sented by George G. Bingham and
c. L. McNary, of a motion in arrest
of judgment.
The arguments in tn case this NOR
ming were applied to authorities cited
in the respective briefs introduced.
Attorney Kaiser brought Section 176S
of the Bellinger & Cotton codes for
Oregon up for the first argument
which defines the crime of assault
and robbery being armed with a dan
gerous weapon" and the punishment
therefor not less than five nor more
than twenty years" The defend
ants counsel contends that this pun
ishment was amended by the legisla-
ture in 1909, changing it to read:
"Shall be punished by Imprisonment
in the penitentiary for period of not
less than ten years or during the nat
ural life of such person so convicted,
provided, however, that the minimum
punishment herein provided shall be
exercised only in those cases wherein
the judgment OF the court leniency
should be shown"
Owing to the old law providing not
less than five years nor more than
twenty years, while in the amended
statute the lowest penalty is ten
years, and that the punishment for
the crime may be Imprisonment dur
ing the natural life, the defendants
counsel argue that their client can
not be sentenced under the amended
statute on account of the increased
penalty being an ex post facto law as
to the defendant ON the grounds that
at the time of the commission of the
crime charged in the indictment the
old statute of 1854 was in force, but
at the time the indictment was found
the amended statute was in force
and had been in force since May 21,
1909, the crime being committed on
the 27th day of April, 1909.
In conclusion, the Drief Of Attor-
neys Kaiser & Pogue and Carson &c
Smith holds that Smith is being SEN
fenced for crime which was COM
mitted under a law not applicable at
the time. Many authorities were
referred to this morning for the de-
fendant, after which the plaintiffs
briefs were taken up.
The plaintiffs argued that the only
question to determine is whether the
defendant shall be sentenced under
the old law or under the new act as
amended, or whether he can be SEN
fenced at all. In support of this
argument plaintiffs concede that the
defendant cannot be punished under
Section 1868 as amended. but it
contended by the state that he can
be and that 1t is proper he should
be sentenced under Section 1858 as