The Daily journal. (Salem, Or.) 1899-1903, February 13, 1903, Image 4

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The Daily journal., February 13, 1903, Page PAGE FOUR, Image 4

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Newspaper Page Textvp -w jswifPfjS W'fWW1 - . JOURNAL, 8ALEM, OREGON. FRIDAY, FEBRUARY 13, 1903. - THE D AILY JOURNAL, 8ALEM, OHfcuun. rm., PAQE FOUR. ' gMWigg. Wy Gives One Dollar Damage T COflfl Sit ---' i, Rig" pfisl1 ssteW- 111 lMJtJJJP km? P'A " ' . ,. ne TUr ,IIRV IN THE LIBEL SUIT AGAINST THE iil And Plaintiff Will Be Given Only One Dollar Costs in the Case Complete Victory lot the Newspaper's Right to Publish Fair Reports From Court Pleadings The Jvty in the Case W. H. DARBY, 8ALEM. J, A. MEL80N, 8ALEM. W. A. J0NE8, BROOKS. W. J. HADLEY, MARION. 8. 8. MARTIN, 8ALEM. J. F. ZEIOLER, OERVAI8. After being mil tint a "hurt (line Hie Jury In the lluel milt brought by ! H. MoMnlinn for ?5(H0 damages against llufer .lint.. publishers of The Jour tt& on bahnlf or hli rllnt In a di vorce suit UwtiHhl In h verdict of only 1 diimnges, nml liero.nly Jl f coatii, for plaintiff A repot t of Hit testimony fur the defense and the arguments of the coiinsol are glvon bolow. The vonliei In a victory for The Journal, and for tho right of nil newspapers to print fair news reports Imsed on the plead-' InKs In public eourU. Defendant's Testimony. M. liefer testified Unit the first time he hml seen the mutter complained oi was whon ho wns served with tiie papers In this suit. He wns tit Now port nt the tliint the article nppeored. Askod If he hml any malice against Mrs. aibtow. McMnliuii ouJted 8us-' tallied. J. W Mrs. (llbsoti liail oeeu tmnreu one um Cochran, city reporter, who ,ftr w ,)Wt R mon,et 0f .uep on ac wrote the court iport cnwiplulned of was rolled. He told how he per formed tils duties by calling si the court house nnd gathering the news. Ii llofer wns uUeut from the city nnd A. P. Ilofw Mver sw tie arti cle oumplulued of. aroMHtxHinluml he said he hud no definite Instruethuia Ut uot publish now. Ills liiHtniollOHS were (o et the news, A. P. Ilurwr wua Mked If lie Kew Mm OIImmk. lie did not know article wns rielWied until the suit whs Ue un MeMsbsn's Aroument. In otwHtug the rnee iu the jury he snM tkat he did not pretMu) Uwt liefer Ura. Uwl iHtewM U Injure Mr. UUmhw or tlwt they kd Inten UoMHlly thwe her my Injury. U was what Uwy did. mt what they Vd In teHdert to d. lie read the urtlcW (row the Jourtt nl .nU MUtiijiwaUHi U to the Jury. ll mil UW tk&sjHMHt & frmm et lira. (Mmmm uplnst Mr. Qlhsou. Ihovlac Uwt th hihm- printed Uoth sides. lie clAlHted thlit toe pHMiUttM In . txjris were prtVDecrt a4 news lutperii hsd mu rlaltt tu erttjl roort if uU uuUI they w fully before tbv uurt for trtsl lit rand fruM lluwe v I'uioa. Ore. II. Wlidlerer the lupwriei of t fw mmihi- hs4 done, th puWIseer wm liable fur datnac" Tbi- uli was to reer dMHuuMe Uoi. tb' Hi.ntsa sad hx ut detefwlae wh.-ihn tbe bad ar(u wtib bad latfut J. A. JeHrey's Argument. ltuavl tur defvndant showed that lb matlft oomnlaiuHl of did not show that a wuMtan ww refenvd le The ttlalatln was a wuwan but the had not thought enough of tbe w t apiear aa a wltHeas and lslm tkat bar t-bar aeter was lajnred me at by tbht nubUeattoH. Not a witneas had henn Wiled to ajwrn daiuagu. It had been Ktvta thai the Holer knew nothing nf this uU(thm when It was aude. Ooakma arted witbimt thtr kmtw Iftftft. The moot that eoold be rlalwed In! Ible mae ibat inadvertently an htin) bad tMH-a dono the plalatlX Mnduhan adnuiied all abeeai of malrv m snuuful Intent ilUUaU.rlr news rirt nn4 that the MaUUrf had not tinecled dwfce.tanu vrlth'Mis Utbm wa not mejmmnrd In hue H)hifc ,.. , aw U.UasftbU had Hhd laleA? TttM Dirlea had W;k had HMrrjitoWtJIy or unteefjiUonaily hhteted th aiost EUQENE MANNING, GERVAI8. DEN ROBERTSON, TURNER. MATT SMALL, 80. 8ILVERT0N. J. R. LINN, SALEM. GEO. EMERT, BROOKS. CHRIS KREIOER, AURORA. side of the cniu shown up In Tho Journal aiid other nowspnper. One hml not the worst of It and ns they could not miiu wach other they hml to sue the newspaper. It wan a rase of getting; revenge against the Hofors. Mr. Holmes Speaks. th; MrTSn wm .njur .t"wM i .... n.. ..I r,M il.ifunuii n fiPMAi dono by hor husband filing his nnswor ,,, 00llrU Tllft chnrgos nwalnst Mrs. 0llHon woro I1(,t published ns tho (rut, Thoy waro nol sven nllegod ,0 ,)fl u,e trulh nwmt Mrs, oibson. ,t wn nul cainuHl that MrH. Oibson ylM damaged. ,veu In her foellnRS. nH ,, wnt nol ovm known to have ((0 tjJH nrtce Ono man of ton ro- pooled something said about nnother, hut that was nolifi llbol. A Tho animus of' McClollan and Mr Malinti was commented upon. Nollh- .or MoClellnn nor Craig testified that count of this piiliflmUun. The I infers were nut tmduceers of women and If their attention had been called to this they would hate made any suitable corrtwllon asked of them. Hut they hud mo notice Mhwtevcr until Jumped Into court. Ilnlmes i-ummenled on McClellan as h swiii wunesM uuii iiiiu imfi tier of MrMahaii, who objuotod. "The remarlM' are leirltlmate," re marked the com I. Ilnlmes proofed to dkweet the unusiih! activity of tho two Me's. Mr. Holmes rued for the (treat- eel kitltude on the prt or the press. It was the ueJIndlMm of OMf llbettles nnd the Jury skottM not elitch any Newspaper tUt wh bubllilied wJth ortUuHry rate. McMalian Cleies. PlHlHilcrs coonmI romiHeitted oh the loailmoMy UmU tlofers nve ho In strui-tloMs to Cockroa as to what wa proper new and what was hoL They ksd allowed klw to use bis discretion As to itroof of damages against Mrs, Uibstttt It whs not nereoaary IWKk eke nod her cklWrw wttwM he Iwjured for Nil lime to rowe. The damages wusi be meHAored by Us eflfetH. aad a reJM reportw saouw soi exruep these defeodeau u OHWUeters. was tkvlr duty to ptotort their wives. thtldrwa and matiiars ' by giving the nUUutl substanUeJ dawagea. tie i'ao lor we protet-iioa at rvpn um o( s defeaceas woman la , t'oubU' It bad be We privilege to mod in tbe amphitheatre of Home, and un the Nftltleield of Waterloo. Mlut It was the grvntest event of his i life whu abroad n bU foreign trav i wben he stoud oa sarred around t Rnnnywede. where tbe Magna rhnrta wae 'wrung by King John from (he Harons uf Vngland. eir He nhmd for the Jewel of lire, a woman' isomwnUog and honor Then ao had aacnand this woman of all erlmns. Thev had tkMnted that she was na tte and s gartah. IU tld Mates and Jesus Cbrtnt and the Starlet Let tor and other grand aim to the sympathy ()f tho Jury. Us tbe wbol trial the fact aever na irnUtd to iow out that both i ov v h fjsvn wiw9W fewejBsgafin M Bialu nl lti4 t ekki - umLILiViiJ ma ss formal reputation and ruined tho character of thlB woman forever. Instructions of the Court. Judge Burnett gave tho Jury the fol lowing Instructiens: Extracts from Judge Burnett's In structions. "Tho principal allegation In the com plaint, and whliih la denied by the do fondants, In 'that on tho 30th day of August. 1902, defendants mallclounly published In said newspaper of and concerning plaintiff, a certain nrtlcle containing false and dofamatory mnt ter, followlpg, to-wlt,' and thon sets out n local which plaintiff allegos was publlshod In the paper. "It Is said that this act was done maliciously. So far as that Is con cerned tho law presumes that tvory porson Intends tho natural and prob- ablo consequences of his own act, and. therefore that tho natural and prob nblo consequences of dofamatory mat ter publlshod by a party, woro to In Jure and dofame tho persons against whom It was published, nnd tho law will Infer that a dofondanl or defend ants, If Ihey cause or nogllgontly per mitted tho publication of falso nnd defamatory matter. It will bo Injurious In consequences, although tho dofond uiits may not hnvo ontortnlnod nny special Ill-will toward tho porson In jured. It Is not nocosHnry to render an nrt mnllclous that it party bo nrtu stfMl by n foellnf? of Ill-will toward the " - . - that ho tort..n or mtrsiio any bad purpose. On tho con trnry tho defondantH may bo actuated by a good purposo, but, If in pursuing that, thoy Inflict a wrong on another, which Is not wnrrnntod l law, surh net ts malicious. Oregon Law Defined, M "It Is libelous In n porson, nml a parson would bo guilty of llbol to o pent maliciously nny llbol, nlfftotiRh composed by nnothor. For Instanpo, It would bo llbolous In me to go around telllnn that Mr. Robertson stated falsely, thnt Mr. Msrtln had been aullty of murder. It would not screen me to say Hen HblMrteon told me. If I repeat anythln libelous or slanderous which Hen Robertson says. I am equally guilty, and Mr Martin could sue me and let Mr. HoberUon go free If he cbost. It would not bo an excuse or dufonso against the action to show thnt a libel was publlshod or composed by the agent of th party. I The defendants would be liable for tho nets of their employe dono In the course of his employment, and It would not be an excuse for tk.em to say they did not have any aotiial knowledge of It. So they would bo li able for tbe act of their rcpoitor In the mors of his employment, though the act was not In the actual knowl edge of the defendants themnHvo. "Any false and malicious writing published about another Is libelous of Itself, when Its tendenc) is to romlor the person contemptible or ridleuljpuH In nubile estimation, or expose the pereon to nnbMe hatred or ruutimpt. And where a publication ihnraue iagainat or Imitate to suothrr an In. dlrtable offense "The mbtlty of defamitory vcpjdj- Is presumed, boranae the law will not presume mbjeondwt la a ttrvin, and If libelous per ee. malice u always pveauHied "The nreaumntloa of ianm nQ9 Is prima facie evidence uf t- li.it iual toe. and want of nrohfthle cau wJU bo nronnmed and to Impute uwjfpr. eon an indictahle ofngM- ,.ubj .ho libelous of ttnttf. if I go out In the umu and ihMk ronrenUng Mr. Martia that b HM dered Mr. Jotton. that of lieti wigM constitute libel. u nnbltsb it in writr lag and rirrumto It where njimln eonld rend It nml one it thai ow h Hbol of itoelf. "You will have an oppi.iMiui io mad the arttel roamed a ioi he canon It hi not fnrth te h mm nbUut "I hnvo alrnadr suted i v, $ tho abseneo oi the det.-i ,lsng gf either of tbom, from the cit ur their taeh of kaoMg. wwohl not of Iftejf be any dofonao to tho rharg but A doom of that has been admitted to you aa nart of tho ctaromatati s mtr roudlK tho cao, and a eertx-Un a dogvoo of nwMe. It woulu ! worthy of more nnntshmont or greaior decree or.de.maa.oa If thny thomaolren had penned the artlete and had printed It nntriHApMti!.Mi,t 'bnrnplytf tg- eotetlas: it In pwwti. WOURl Itlt ,., weD,,T HAVE ALMOST AGES IN SUCH puto a greater degree of mallco than ff published in Uio ordinary course of ?..SSU .IS wUhou ?he.r actual UUSlHC-aa, uiiu "huuih. w.... ..wv knnwln.lce. I clvo you this as an II- ,....-.t if it n hiisi.nd In their paper by their reporter, In tho Journal Policy as to Divorces, ordinary course of employment, they Tho Journal has a fixed and definite would bo responsible for It, and would policy In handling tho reports of dl bo llablo to tho proper amount of vorco cases, but tho court could not damages." al,ow tho Pbll80r8 to 8tato tho rulos Mr. McMahan took exceptions to tho of tho papor. Tho Journal considers Instructions of tho court In falling to the verdict as an approval of tho gen Instruct tho Jury that pleadings In oial policy of publishing fair nows ro clvll casos were privileged, and ports of dlvorco trials, and nil public thnt nhsonco from tho city on tho trials before any court. Tho right Is imrt. nf tho Hofors or innornnco of tho publication went to mitigate their liability. The Jury was out but a short time when they returned a verdict of 1 and costs. The court informed thorn thnt the law fixed tho costs, nnd that It was not In tholr provlnco to award costH tho -evils of dlvorcos. many appn beyond tho amount of damages In tho cants for dlvorcos drond newspapor case, which In this enso will bo S1.00. publicity moro than the verdict of tho Tho Jury was thon dismissed. Tho courts. In fact thoy will maKo nimosi caso was abiy. prosontod nnd arguod ""' kind of nccusntlons, undor onth, by Messrs. Holmos nnd Condlt nnd to got dlvorcos, to tho shamo nnd Joifrey for tho defense and by Mr. scandal of -all decent family llfo, nnd McMahan for tho plaintiff. , the degradation of tho mnrriago sacra Unfair Arguments. ' mont, If thoy enn only keep tho chnrg- Hnving tho closing appeal to the and proceedings out of tho nows Jury, plnlntiff's attorney could ranke papers. Tho right to print oxtrncts almost any stntomont ho saw fit. Ho from the pleadings In such ensos can chargod that Tho Journal was nn un- not bo surrendered without multiply, cloan newspaper and unfit for nny 'ng the nurabor of dlvorcos. Without family to road, on which subject thoro It pooplo with marital trouble on' thoir wns not a word of testimony Intro-' hnnds would got dlvorcos, romnrry ducod. Ho accused the Hofors with nnd bo divorced ovor again, nnd there branding his client ns an adultoross, would " a promiscuous stnto of mor and guilty of other crlmos that woro al". Indeed. Whoro olthor party to novor charged, ovon In hor husband's such a suit asks to havo reasonable nnBwor. Tho Journal had never ac- exclusion from tho newspapers, Tho cusod tho woman of anything. In Journal grants tho request, and ro; fact, tho suit was an attempt to- got spects the rights of tho parties In tho damages for something novor dono, most scrupulous mnniinr. Whoro thore and on the basts of n prlntod roport '8 no domnnd to be kept out of. tho of what was moioly nlleged In plead- press. It prints a fair nows roport. Ings, and which not a slnglo rondor ' Mrs. Gibson Wronged, took to be anything moro than thn Mrs. Gibson has boon wronged by accusations which people brin this caso being brought nt nil. and against each other in the heat of n Tho Journnl feols sorry for tho poor lawsuit, and no one. so far ns we wpmnn and hor chlldion to hnvo boon know, believed tho truth of them. Tho dragged to Snlom ovor bad roads, and attornoy branded his unfortunnte dl- In Inclomont wonthor. and given the out with a defeat whon he askod thnt publicity she ban to onduro In n cute hor charactor be put' on trial for mat- that had not a shred of good common ters she was never charged with, and sunso to stnnd upon. Tho unfortunate for which The Journal publishers woman hns boon put to groat ox would rather suffer any amount of ponsos for wltnossos she was novor damngtw than chargo any woman , pormlttod to havo tostlfy In hor bo with, nnd still less would novor sook,half. The Journnl publishers, In ploco to Justify as tho truth. If thoy woro of having any malice or lll-wlll toward SHERIFFS OF STATE ORGANIZE Object to Assist Each Other in Duties And Facilitate Capture and Return of Criminals Sixteen sheriffs of the state held a Meeting in this city Wednesday and tf , footed ike organisation of the Sheriffs Association of Oregon. The purpose of oandinn together is to promote a ' hotter atqualntanre among the sher irs of tho stnte nnd by a full eonsld- j oration of mutual interests advnue1 the administration of tho laws In Uw aopreneadlUK sad returning to their' ronpetivv tertians f U tvll doers. Sheriff w A Storey, of Multnomah SLT.riaJaV.il fit this i-ount) larr-aner-. 3i"S moot in this city nent Seotemhor dor- tug tho tne fair, aiihough the nrent- deaf U autkartraul i.. .mil . --.i wan aamed as sect-- dont U anthorUed to taU & mtiiS ZZZ::!;: ZZ.P, best quality. 50c bus mtton Lm?21 nTlTwifc" nrnne m me uu ui bt watched hy renrtwenuthe of tbe naaocMUun and it Is undornuiod tne shorUrs of tho state will make a tght against the UU thai lk . . . Insaae patient to the symm ta thht olty nv tmlnod -1' --- . w. .' itHM-lhhr-tRstHntkm. ThU mil has op THE JURY IN THE LIBEL SUIT JOURNAL G VNo $1.oo DAMAGES TO THE PLAINTIFF, A J innv Son ALL ORQEON PUBLISHERS, AND VIRTUALLY SUSTAINS NEWSPAPERS m THE RIGHT TO PUBlIsH FAIR NEWS REPORTS S THE PLEADINGS FILED IN PUBLIC COURTS. UNDER THE OR. lloU LAW OF LBEL8THE PUBLISHER HAS NO PROTECTION vauaxpvpr AGAINST THE MISTAKES OF repuki UNIFORMLY AWARDED MERELY CA8ES. actually published. But under tho Or- egon libel law a publisher can bo ac cused of anything to a Jury, but tho ,,iii'nnnlnp-ln tn linr fni linvlnr 1mo .. jury nas moro Bunau uu .,...(,.. than to bollovo it: tho only safeguard of tho public that It shall have tho nows of the public courtB laid before it, and such publica- tlons of proceedings and pleadings, whether privileged or not, nro tho on'y moral protection the community has against star chamber pioccodlngs, and tho spread and multiplication of nlrcndy passod the sonate nnd awaits the consideration of tho house. In Its operation, the bill will doprlvo tho sheriffs of the different counties of quite an Item of feos that they now re ceive for tnklng patients to the nsy- i lum BROKEN LOTS I Will close out all lots of Shoes I of which we have less than a dozen pair at a discount of 25c per pair. Call early. . , . Repairing Neatly Done. Jacob Vogt, 265 Com'! St. LOOK! LOOK! LOOK AT It will pay you Prices that aye BMS1S" Cl'red Shoulder. 10c per pound Suif Cud Ham, ISC lb ExtracllOJCe bkft BaCOn ISC lb Choice medium weipht Bi. I ia .. ''S11 -" C0n. 12 1 2c Ih a,so have a ,arge line of GIVE US A CALL ROTH & rone Main "TEAS AND COFFEES oThtECIALTY. AGAINST THE trw, u ""- NOMINAL DAM- hor havo onl, tho most profound rl grot that she was over dragged 1ml such an unfortunate .nit Wo wish fl ..w0 - -. .. . vu ,0 I tno mnocont causo oi ner lltlgaUo; and rejolco that Bho ovon got a nod Inal verdict for ono dollar, for It tccB nlcally clears her of a misfortune tha befell hor hrough no fault of the pun He or press. STUDEBAKER Well Pleased . In a recent letter from tho Studl baker people In regard to our sales i their vehicles for 1902, after cod mentlng on the amount, thoy tako catSlon to remark that "This Is a md splondld showing, nnd wo wish to col gxatulnto you on tho grand succc you havo had with our line of goods Of courso that makes ua fc plonsod, for wo havo Joft no stono ur turnod to push tho sale of wagons atrt spring rigs. Wo really did a remarS ably good business, nnd we aro sd ting out to mnko n big Increase thj soason. Wo havo much improved t clllties for tho handling of our tra In this lino, having moved our offli back to "lot dor goods loog oud uf d vinua." as somo ono suggested havo now much moro light for mi lower floor, nnd will soon have nn c! ovntor for moving heavy rigs to an! from tho upper floor. Wo havo a car of buggies, roal wagons, hacks and surrios now on thi way, and will soon bo In n position show a splondld lot of now, stylish up-ot-dato Jobs, In steel and rubbil tiros, tops, opens and nil. Wnlt to bc thorn. Illg lino of wagons, nil Blze4 ready for the fanning nnd wood hauH Ing trade. Got in lino with a Doncln Haneod Disc Plow, nnd bo up with your i bors. Tho plow of tho present, anl the plow of tho futuro. Send toi catalogs nail circulars of anything Iii our line. Wo soli Studebaker Vehicles. ' McCormlck Machinery. Russell Machinery; Monitor Drills. Benlcla Hancock Disc Drills. Syracuse Chilled and Steel Plowil Buffalo Pitts Harrows. Blrdsell Clover Hullers. Fairbanks Morse Gasoline Englnei! Sharpies Cream Separators. White Rotary Sewing Machines. Tribune Bicycles and Sundries. Hosldos DIndor Twin and harveiH Ins supplies of all sorts, ett etc Call on us whon In the city AN ways pleasod to soo you, and alwl ready to show you goods F. A. WIGGINS ImplementHouse. 255-257 Liberty St., Salem. Furm Machinery. Blcycl"- Sewing! Machines and Supplies. HAVE A THESE PRICESfl to investigate. tight. . . . 60 lbs Pe.it Prunes. $1 00 6 lbs Navy Beam, 25c ? l f"' C mk BeanS' . lbs Fancy Japan Rice, - r, .-. ir. 25( 3 Can&.B. R. Corn, 25c 3 Caff B. R. Tomatoes 25cj Syrup froni 40cto $1,so AND BE CONVINCED, GRABER, 124' State Street