a I rN i
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DISPATCHES
Uv tar the largest nuJ beat news report
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HHtedford Daily' CrHnnne
The Weather
The weather man sayt:
lint U'Htioiin promist fair went her for
tonight and tomorroy, . with northerly
winds. Warmer.
THIRD VICAR.
M,:)K()'. lK(i(L, SATURDAY, MARCH 13. 1909.
No. 30").
AKING GALLANT FIGHT FOR NO RIAL
PORTIAND OVERRUN WITH
SOUTHERN OREGON LOBBYISTS
WfflM IS
ym DM
Representatives of the
Association Will Speak
in the Various Churches
Tomorrow will he V. M. C. A. day
in Medford. It-'presenti'tives of the
Young Men's Christian arnoniatinii will
f.penk in tin; various churches of the
city in the morning n.ul will discuss the
advantages uf such nil institution in
M -dford. The history (,f the associa
tion shows its work to he u great p-nv
' i for good in any community.
At 3 o'clock in lie afternoon a great
mass meeting for men will he held in
the Medford opera house. A. J. Folson
uf Forest (-rove will speak on the sub i
.!!, "The Three (treats." j
In tl veiling, F. K. A. Smith of
fort land, t he state secretary of the
V. M. C. A., will give nn illustrated
lecture on "The V. M. C. A. in Home
and Foreign Lands. ' ' .Stereopt icon
views will he shown of the various Y.
M. '. A. buildings ii all parts of the
world.
All the young men of Medford should
he interested in this movement ami at
lend these lectures. The Y. M. ('. A.
furnishes a splendid place in which to
Hpenil one s leisure moments.
ASHLAND CITY COUNCIL
PAVES WAY FOR PAVING
The city council met in adjourned
Ki'Ksiou Tuesday afternoon and direct
ed the city recorder to advertise ten
tatively for proposal for paving Main
street from Ifelinan to Third street and
from Fourth to A. with hard surface
pavement, says the Tidings. This will
leeve it open to the bitulithis, the as
phalt or the Ilassnm companies to sub
t'li proposition, the council argues, ami
,-fler the propositions have been re
ceived the council will select some sat
isfactory proposition if il shall be sub
mitted and then proceed by formal res
elution to legally undertake the work
j'ftd let ii contract.
The date up to which these propo
sitions will be received was fixed at
April ti, wh ie-li is the dale of the first
regular meeting of the council next
month.
The paving committee of the council
will not divulge to the public, the coun
cil or to each other .my of the infor
mation it gleaned on its recent north
ern trip of investigation until the prop
osition's called for new by the coun
cil have been presented in due form, it
is said.
GENERAL SLOCUM VICTIM
RECEIVES A MEDAL
WASHINGTON'. March 13. The
speaker 's room of the house of rep
ii sentatives held n pleasant party to
('ay, called to witness a presentation
te a victim of the gteat General Slo-
cum disaster, Miss Helen .T. MeGnnn of
New York, a youthful heroine of that
terrible event of June lo, 1004. The
honor conferred was a medal, of honor.
v hich was voted to her by the house of
representatives on the third of March
r n resolution of Representative Gold
n of Xew York, who headed the com
mitt ep from the house, which today
handed her the medal, with warm words
of commendation.
STRONG AGGREGATION OF
BALLTOSSERS IN SIGHT
Dorsrv .Tones, a new recruit to the
b-cal baseball aggregation, was out pr:
tieing with the b..vs Fridav. Cnnse-
ouentlv Short v files is wearing a smile
that won't come off. "There's noth
Ji'g to it; that Portland bunch is going
t get the surprise of their lives when
they run up against the local bunch.
We had a oh of new ones out Friday
r-id. with the old timers, we will have
i team that will make 'em go some."
It looks like Med ford is going to have
a fast team this vear.
NORFOLK SALOON KEEPERS
MUST DEFEND THEIR LICENSES
NORFOLK. Va.. March 13. Three
Western Branch saloonkeepers and a
'''miner's Creek liquor dealer are np in
the Norfolk county .urt today to de
fend their licenses, tfcov being charged
vith having violated the Sunday pro
visions. A vigorous enforcement of the
Pquor laws it in progreti.
REPRESENTED IN
THE THIRO HOUSE
HOTELS ARE HEARING BUT LIT
TLE OUTSIDE OF THE NORMAL
SCHOOLS WILL FIGHT FOR AP
PROPRIATION OF $100,000.
I'OlfTI.AXi). (i., March U (Spe
ial.) "One hundred thousand for the
normals" is the slogan adopted by the
sent hern tregon normal school boost -
It is (he one ti.pii of discussion
in hotel lobbies, whvre the festive nol-
;icians are wont to congregate. Port-
land is hearing in op.' of normal school
han ever before in her history.
The Ashland boosters have been join
d by a large number of lobbyists from
titer sections. West tie is well repre
c'ltid as is Monmouth.
The boosters plan to leave this city
Monday morning and s
ami spend
the
tunindcr til' the time in Salem.
1 ndicat inns today are that the nor
n;:'.l school matter will be narrowed to
the question of whether the normal sup
porters can agree upon what they want;
that is. whether they will agree to nsk
for one thing and mulling more. It is
likely that a caucus will be held to
peisnade the special sesr.ion to agree
tit pass the lull appropriating money j
for the continuing of the normal schools ;
until June.
1 ,
Friends of the normal schools do nut
want thai question classed as new.
I ut rather as corrective gelsilat ion.
They are going to insiiit that the schools
be provided for when the legislature
meets in special session next Monday.
They are intending to put it up square
ly to the legislature with a demand for
$11111100 for the maintenance of A-di
land, Monmouth and Weston. They are
v.lm intending to detuned that, (lie ques
tion be submitted to the voters of the
t::te at the next election, in Novem
ber, 1!10, when it can be settled once
for nil whether there shall be one. Iwo
or three schools, or none.
Fnless the legislature "comes
through" on these requests there will
lie something doing at Salem, and the
no nibers from the long distances had
better briuu their crips with them and
t..,r t.k S-.looi linsnitnlitv for
pn
ral davs,
Fourteen of the leading business men
Ashland are laying siege to the
Multnomah delegation. They want fair
play, they say, and they want a bear
ing at Salem. In short, they want $ino.
"on and a settlement ot the norma!
fight.
The Ashland men who are campaign
ng for the norma! question in P'"'-
land are: Senator L. h. Mnlit. Ii. I .
N'eil, Thomas II. Simpson, J. I. Dodge,
H. A. M inkier. I). Peroz.i, N. J. liea
soner. J. S. .MeAair. .1. r,. onng. i. i.
Hriggs, A. J. Biegel, ... F. Billings, Kmil
Peil and ex-Senator E. V. Carteer. They
have been sent to Portland by the pen
f Ashland and they are here to
siav until the timsii. r nm .Meuiorn,
Dr. J. R. Kecne, J. D. Heard and George
Putnam are present.
LA SALLE THROWS WEST
IN THEIR SECOND CONTEST
Joe La Salle of Eugene and W. H.
Wert of this city went on the mat Fri
day night in Kugene. West secured the
I'irVt fall in one minu'e and a half.
Salle took the other two and the
match.
Mr. West arrived in the city Saturday
morning after an exV-nded trip mtth in
r!ie Paget sound country.
Wrestling Contest.
Cm Albright of Rochester. N. Y.
M-d Louis Walters of Medford will tm et
lt the M.dford Theater on Wcdn.-s
,iav evening. March K. at v3M p. m.
in' a catch as -catch- n. best three m
rllu .,in fnlU onlv t.. count, srrnn
hold barred, wrestling m
Mr.
igh
Albright is tin- chani i-n
of America, and Mr
ing champion, needs -
WaPeis. a
o re'",ninoinil:
Don't miss th
match, n- " YT"
in b" the best
(ioo.1 j.ridimina-i
fvern si line 1 1
mi-Th of
Ihe -e
ill b-.-al
b
b.
Archdeacon Chamber.
1 church will hrdd
i. and 7:. I" P- m.
opr
morrow.
Talk with Pr. Pg ''"J
orchard tracts or nimnei. proptrty.
TEXAS PUTS ONE
OVER! JACK
Colored Scrapper Has
White Wife.amd Cannot
Take Her to Galveston
CALVKSTON", Tex. March 13. The
white population of this city is up in
arms today over the report ha Jack
.Johnson, the heavyweight pugilist, is
coining here with his white wife. The
Texas laws forbid t he intermarriage
ef whites and blacks.
The courts have held that no matter
where such marriages are solemnized,
the contracting parties cannot live in
Texas. This will bar Mrs. Johnson
from making the vir.it to Galveston
with Jack.
CHINA TO TAKE CENSUS
OF HER MANY MILLIONS
WASHINGTON'. March lit. China is
about to take a eetjsus of the uncoutlt
ed millions wit hi n her borders. The
slate depart incut has just received n
cojiv of an imperial edict issued in nc-tii-tance
with the program for consti
tutional reform, directing an enuiner
jM'oii of individuals and families with
in the empire. The returns for the cen
sik for families must be completed
hv itnii ami lor miiivniuais iy mi::,
Ail Chinese living tu foreign lands must
be "numerated.
'I'M OUT OF POLmCS,"
DECLARES J. B. FORAKER
COI.FMHFS. O.. Mtnvh 13. Kx-Sen-ator
J. M. Foraker arrived today from
Wellington and will be tendered a din
in r tonight.
' 1 am out of polit ics, ' ' he said.
' That is. I hall not enter polities
again of my own net inn. I have no
politictit ambition. I shall practice law
little
bit at Cineinn.-ti. but T don t
take up too much work."
HOTEL ARRIVALS.
The Nash F. G. ICllar, Portland; C
V. Smith. S.-ni Francisco; K. M. Pen
I i,i and wife. Sa 1 1 F ra n c i sco ; B. 1 I .
Cortland ; K. A. Wychcoff. Central
foinl; G. H. Tillinghnsl. Portland! Geo.
II. Fit .inbhoii. Portland; W. O. Mil-
Icr. Rosebnrg; J. A. Robertson, hileen;
C. V. Fdwards. Portland; I,. K. Watte
in in. Minneapolis: F. P. M:iin. San Fran
cisco; I,. A. Newton. Portland.
Probate,
ha W. Andrews; order
K -trite Fl
m-.!e a,,.,
inirKtratur
it ing An ma Andr-'ws ad
rind N. S. Bennett. Joseph
Pub g and Charles Grnbb.
K .tate Marfia A. chennweth; order
m:V to show c:hhi' why real property
Jioiild not be sold.
INtate I.ni-v Y. ' liandb r; order made
cort'trming "f .ei..n:.l property.
Guardian Jennie Magrnder: order
made sotting March -'is day for hear
ing pctitinti to turn property over to
waul.
I'M ate I.i'i ie v Kiehet; inventory and
: in
uo-nt filed.
te JallO'S W.
an am ; i
;ii.i...int inir
.irj'e W. f limit ex-
fcutor ami "'
Trefren and K- Y. Carter appraisers.
-:taie
md Gnardi in A va li. I nnrn-
1.111'
PI"
d ir eTi leineni m
M,l Wle-itoni-: ordei
Kive r nd Edward
ap
Julv
Go at. Taxes.
Grant, Pa bought a goat
,., i.",. Shortly after
tax b;li .-ii the goat for
d on the i'1-" :in''
t-,x on' '- "ii niv boat
li - f.i him!" "Well."
, lisi.r " I have earefnllv
",,.. .a:ut.'S ay. and it
r ,,vn. pr-ipcrty abut
.,-e -1 all 1"' taxed t n
Red Bluff Mav BR Damned.
,H i i..,n allf'.r'iia towr
;!,. .r",. and i
. id.
i,... and af
pplv f...
an: rv.--T:d
FULL TEXT OF
PUTNAM
E
Opinion as Handed Down:
By Supreme Court Deals
Only;. With Matter of;
Evidence
Following is the text of the mipieme j
court opinion in the case of State vs. '
f utnnin, criminal libel: 1
The defendant is the owner and pro- j
prictor of a daily newspaper published j
i t Medford, in Jackson county. Tn the
issue of his paper of December 19, 1907, t
there appeared the following nrttclo ;
written ami published by him:
" A proceeding calculated not only ;
to bring into popular contempt lot-a)
admiuistrat ion of just ice and punish- ;
nient of crime, but to force every mini .
to take into his own hands the pro '
tection denied under legal process, has
Just been enacted in Jacksonville by
the grand jury and Deputy Dstriet At
torney C, L. lteamr's. These officers;
sworn to enforce tho law have practic- ,
ally justified one man in attempting to 1
kill another with nn axe. Last week :
W. S. Barn u in tried to kill Mayor J. F.
Reddy. There were orly two witnesses
to the assault, and the events leading
nn to it, besides the principals. One of
tin se wit nesses was out of town and j
did not appear before the grand jury.
The other one. the editor of this paper,1
did. The defendant in the ense way
summoned before the grnnd jury, and ;
rl his request a number of his friends j
were also called before it. In brief the ,
prosecutor and Hie grand jury pro- ;
ceded to try the caso which Mionni 1
have been left to a trial jury, nnd in
spite of the fact, voted not to bring a ,
true bill. There is no doubt in the j
orld that W. S. Barniim in a fit of
insane rage tried to Kill .1. r . neuuv i
with nn axe, struck -t him, chased him, i
nnd threw the axe a his hend. That)
he did not split Dr. Ueddy's hend open
not Itanium's fault. He did Ins'
best. And the attack wes nnl in self de-
c. but was unprovoked and wanton. '.
The grand jury is composed of the fob j
lowing men: Wallace Woods. Joel Hart- (
,ev, J. IL Robinson. C. H. Vauper,
Adam Schmidt, T. E. Pottenger. J. L.
fiavin. It took them .)unt ! minutes
indict a friendlern horye thief, ft
poor old woman and a penniless forger.
They spent tnree days nn the I la mum
case ami men iiisurieu me ""'"inuim
"mil. Deputy District 'Attorney Ren men
ir n most relentless prosecutor, wnen
man drops a nickel in a slot machine i
takes a drink on Surday. or a poor!
lbn creature is cnught sinning. SnMi
heinous crimes must be punisiien, rney
re dangerous at once to life and limn. ,
But anvone can try to hram n man
with nn fixe and secure immunity from
Ihe blindfolded repr selitativt s m .lus
tier "
The Libelous Article.
On the 'Jlst t if th' same month the
grand jnrv. referre.l to in !lie pumint
lioi returned nn indictment against
fie defendant, charging him with crim
,:,! libcl.by publishing !he following
pn-t of such erticl :
"The grand jurv !-. composed of the
following men: Wallace Woods, Joel
Hartlev. J. It. Robinson. ' H. Vaupet.
dam Schmidt, T. E. Pottenger. J. L.
fiarvin. It took them juat 15 minutes
to indict a friendless horse thief, a poor
, Id woman and a p'-nniiess forger. They
pent three dnvs on the liarnum cm-..-.md
then i.i-.tifi.-l the murderous assult.
lleputy District Attorney Ri'mnes is
most relentles.i, prosecutor when
' ninn drops a nickel in
it machines. or takes a
;:ok on fcnndnv. or ll pw. fallen erea
is caiiuht sinninu'. Hucli heinous
cr-.-s must be puni.hed. th.v ere at
o-o-' dniiBernu. to life and limh. But
anv ore can trv to brain a man with an
and secure immunity from the blind
folded representntivos of justice.
. demurrer to th.- indictment was
v,rr!id and the d.'f.ndant entered a
,., ,,f not "iiiltv. ' ,r""1
convicted, and appealed, assign, ng er
ror in the admissinri aed rejection or
..v'idence. and in pivirc and refusing
,f certain in-t met ions.
It is nnnec
irv lo nonce no- --
. ...n.nt.t.l.
f errors in detail.
.officient for 'he purpose or tnn
,..,,..,! that the defendant sought to
r,,vc that the matter charged as
b.-i.
i true. for Ilia' .ur......
witness.-, Oswald West
ririch. both of whom were
the tim- of the difficulty
and Lewis
,...i'n1 al
lllllded to
in tht indictment between
CAS
AS THE CAMERA CAUGHT MISS
GEAR'S CHARACTERISTIC SMILE
'4'S'Q
-viBPlEL?
.-.SI
MISS Florence Goar, who as "Marrying Mary" will be merrily married at
The Medford on Tuesday evening, March 10. From this characteristic poie
it can easily be seen that Miss Oear looks to be a reasonable excuse for
marrying.
WILL PRESENT A
DRAMA AT ST.
MARY'S ACADEMY
INTERESTING AND PLEASANT
EVENINO ANTICIPATED BY LO
CAL PEOPLE OAST LARGE AND
SPLENDIDLY DRILLED.
On tin1 ('vi'iiing of Murrli 17, the u-
ips uf St. .Mitrv's m-nili'iny will pre
tt nt tn tin' pulilir n musical ll lid ilni
nuitic I'litoituiniiii'iit, nn I'voiit wlm'li
I. as limn Iiim'ii Iniikcil fonvunl to bv
ninny frii'iulM of tin' institution. A
ilri'inn, 'ntitlcd 'I'Kli.ubi'tli uf Tlmr
iiiRiii." will In' I'liui'li'il by tlm yiiunu
lmly stil'lents, while tl'e ynuli(,'i'r )lipils
will nt'fonl inni'h ploiii.-uri mul amusp
inont with various othfr numbers.
The suii'ious Hiiilitoriuin of the m-uil
i-iiiy has been especially proviileil with
u teinpiir.'iry Hmpitlieittcr, which will
thus enalple the spectators to gain a
inure Sfit isfnetory view of the purtiei
piints. Am this is Ihe first time since the
erection of the nealemy that the p:it
ronae of Ihe public Iiiih bi'en solicited.
i is hoped that the people of Medford
will generously co opi-rate with the
Ktreniinus efforts of those who are striv
ing so ardouously to advance the cause
oT ..lu. -ill ion, while at the smile time
, i uruttiut; by their presence the stu
dents, wl i this i asion will pre
sent their first efforts in the line of
el.terl..iniiii! their parents and friends.
nnrniini and Heddy. nnd offered lo
show by them that Itarniini did, in
...... .omit :io ria.ault linoil Iteddv
with an aite, but thp court refn.ed
aich testimony, holding that such in
quire was not pertinent to the case
then on trial, but concluded by the
deteiminalion of the gran.l jury.
The court also refused to allow do
fendant to inquire into the scope and
character of the investigation made
bv the grand jury of the alleged dif
ficulty, either by cro-s eiamination ..I
the individual grand jurors, or hv
other evidence, but confined the tes
tnnony to the ipienioii whether in.
matter was.in fact, before the grand
pirv. how it proceeded, and whether
.1 inir.n of th" individual itirors
they gave the case u fair and honest
investigation, and ncled conscientious
Iv on the evidence before Ihem.
p,th of these ruling" were, in our
opinion in error. Cider the common
lew it was immaterial in criminal pro
seditions for libel whether the mat
ter charged ns libelous was true or falsi-.
Its effect on the public and ilidivi.l
nr. Is was supposed to be the same in
either ease and. therefore, the truth
nn defense (2 Hi-hop. Crim. Law.
See. HIM. Hut th:" rule has been
.henged by statute, nnd it is now provid
rl in most iurisdictirr.s as it is here,
that in all criminal prosecution- for
libel the troth may be given in evi
donee and is a coni'.lete defence if il
further appe.r. that the publication
r
NEW COAL VEIN
IS UNCOVERED ON
SIDE OF ROXY ANN
TWELVE-FOOT VEIN UNCOVERED
ON WINES AND MURPHY PROP
ERTY OWNERS ARE VERY OP
TIMISTIC. A new lii foot vein of fine liituiniii-
ciiH coal has lieeu uncovered on the
west side of Noxy Ann four miles from
Medford on the property of Vlnen und
Murphy. Ilesides this new vein, there
two more, one of 12 feet and another
feet, hot li uncovered.
M r. Winos is an experienced coal
man, having spent most of hid life in
the InisineMH, mid is very optimistic
over the coal prospect n. He miys:
Uoxy Ann is one no I id bed of hitu
minous coal. Thorn are over 20 veins
my knowledge blanketed in the
mount n i n enough to mpply southern
Oregon for years to come. We are go
ng to push the development work with
Hieat energy, hp nave nireauy tunnel
I in one vein 7 it feet nnd nre now en
ijjigeii mi iimhering tne tunnel.
no her great industry in assured,
king Ihe prosperity if Medford nnd
i lie Kogue Itiver valley an ubriolute cer
ntv.
wan under such circumstances lis to
iustifv the conclusion that it was made
with good motive and for justifiable
nds (See. 'J170 M. and ( Comp.j Town
. M.I. I.iliel and Slander. Sec. 1211).
Right of the Defendant
The defendant, therefore, had a Heat
right under the statue to tdiow if he
eould I hat the ehargefi made by him
again-1 the grand jury and deputy
district attorney were true, and it seeniH
to us that evidence of the nature nnil
violence of the ascmilt, if any, made by
i.- inmo upon Keddy. rnd the character
of tin investigation thereof, by the
(land jury, were both pertinent to
mil -li finse and proper matter for the
.wrt"od ration of the trial jury under
tl.e instruetioiiH of the court. Il
i Me- that proceedings before the grand
;u'v nre generally regarded an secret,
-tl wh'-n the claims of public justice
inns! yo unsatisfied, unless disclosure
i. made, the court in r.uthori.ed to re
move the m-ereey and require the pro
.-e.ditigw to be disclosed. State vs.
Morgan, I" Or. 'Jfl2; 1'nited States vs.
'nmiigtoii, "i Teh. HI 3; Jones vh. Tur
. n. Tenn. 11; liurdick vs. Hunt.
1.1 lud.
Th Court's Theory
The court in milking the ruling eom
plelned of probably proceeded on the
t,corv as the state's counsel noes in
,l,,c curt that the onlv libelous matter
.eiitailied in the publication ret out
mi the indictment is le amputation that
ie tint ml iurv nnd the denn'v district
iiMrnev acted dishonestlv and from
fi.'.udulent motived -n their investiga
i,.n of the nlleio-d HHr-nlt. But the in
rllrtnient d-'es not ". charge nor did
1 1.. i ,-ourl confine the inquiry of tho
WILL
E
Business Men Take Up
Mattsr of Road to the
Coal Mine Starting From
Medford
Local business men have taken up
the matter of securing for Colonel J.
K. Mumly, who controla the local conl
und oil field, a right of into tho city
for his raitrond to the coal mi lies. All
negotiations for the Pacific & Knstorn
railroad, ns reported exeluHivulv in Mon
day ' issue of Tim Tribune, having
been called off.
In nil tho time that Colonel Mundy
has been at work in this city in getting
ready to go ahead with coal mine de
velopment, he has uot asked even a
favor of local business men. Over $100,
100 of his money wns spent in secur
ing lease, options nnd titles to proper
ty. Not one penny of local capital was
asked for.
The time, has come, however, when
Colonel Mundy wishes to build n rail
road to the three mines which ho con
templates working on a large scale. To
build this road to Medford a right of
way must be secured into tho city. If
this be not done, then the road will go
to Central 101111. Local business men
reali.e that must not take chances on
(he railroad running from any other
place than Medford.
The matter will be thoroughlv dis
cussed at the next, meeting of tho Com
mercial club and steps taken to sec urn
the right of way needed.
FRENCH AGENT FOR
NEW SEAPORT CITY
W. H. French hns been appointed local
agent for Warren ton, a fresh water
oceanside port, tho new seaport city at
the mouth of the Columbia, said to bent
the west as a safe harbor. The follow
ing advantages nre clniiued for Wnr
renton: "No other city has tributary
to it so enormous a body of timber. The
harbor, the abundance of raw mate
rials, the industries ci ready established,
and the vast amount of money already
invested are ample nsHurnnce of the
great future."
LEAVES $5 AND FUNERAL
EXPENSES TO CHILDREN
SALKM, Or., March IX In his last
will and testament, filed in probate with
I he county clerk yestedny afternoon.
Thcobold Kirseh, who died at Mount
Angel recent I. made provision for his
six children and grandchildren by be-
mouthing 5 to each. In another clause
he set aside $."i00 to be expended for
masses for his soul and $'J00 for the
benefit of the Catholic, church at Mount
Angel. Further on he stipulated that
all funeral expenses should be borne
bv tlm said children."
OVER 10,000 NOISELESS
CARWIIEELS ARE ORDERED
rlllf'AOO. March 13. The Chicago
Itailwav company hus let a contract for
approximately 10,000 useless steel car
wheels with the rarnegie Mteei company
The life of the new solid steel forged
and rolled wheels is placed nt 140,0011
miles, while the duration of a cast steel
wheel, the kind now in use, has been
considerably less than 40,000 miles,. An
other important advantage tn the new
wheels is found in their reduced
weight. They scale in at approximate
ly 800 pounds the car less than the old
wheels.
DIED.
HKNEDKT At her home on Apple
Rate, Or., Friday. March 12, 1000, Mrs.
ii. Benedict, aged "' years-. Iuterment
in Jacksonville cemetery SjotUhv after
noon. jury to that point. The indictment
-cts out a certain put of the publica
tion in full and then alleges that it i
false and scandalous, and therefore
libelous, ami t1"' court in its instruc
tions submitted the entire question to
the iurv. In thin view it is clearly
competent for the defendant to show
that the statements mnde by him and
set out in the indictment were, in fact,
true, and because he was denied thi
right the judgement must bo reversed
and a new trial ordered.
IN