vp -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