OCR Interpretation


The times dispatch. [volume] (Richmond, Va.) 1903-1914, February 09, 1910, Image 2

Image and text provided by Library of Virginia; Richmond, VA

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn85038615/1910-02-09/ed-1/seq-2/

What is OCR?


Thumbnail for 2

llio Batinrter8 prlntlng office wero also
Offercd to show actual falling off ln
buainess, but tho courl dccllned ?<> go
Int" nn exjimlnrrtlon of tho books,
Mr. Meredith then called R, II. Wll*
linms, Jtinlor rnembcr ?-f tho Wlliinms
prlntlng firm. lio wmild nol tleny hav?
ing convorscd with Burko, nnd aaltl ho
hnd told hlm, "\Ve WcM pald ror lt
llko any other job." Ho knew lhat
tho paniphlet was nttacklng Saunders
at tlmes.
.iiiiImo Ingram then Inatruclod tho
Jury nt length, tho court's Instructlons
being prlnted |n full in thls IfStie, He
lioid thnt the prlnters and publlshers
of such a pcrlodlcal aro (..|irilly llable.
Thr moal essentlal clauao in tho ln*
i-tructlons was that whicli says that
there being no ploa flled nor proof
offered by the dc-fendnnts that , the
charges sued on are true, the Jury
thUSt conclude lhat tho charges aro
uiitriie. and tho articles not belng
prlvlloged matter, the publlcatlon was
an unlawful act. ior whlch the de
fendants muat answer ln damages, the
nniount to be determined by tho jury.
I.rnke Open* Ar?;tintcni.
Promptly at 2 o'clock tho argument
nf tho case was opened by Davld Deake
for the prosectttloh, who bllefly re
vloweil the grounds of the suit. He
held that thero was something nmre
lake than the more damages the
plnlntlff mlght recover, or even the,
vlndlcatlon of hls Individual char?
ter. but thnt a mlniniuni vordlct
_uld constltute n license to tho de-1
fendant to continue his defamat ory,
publicatlons, involving the peace and
good order of tho communlty. slnce. j
accordlng to tho attorney, somo day i
somo citlzcn wlll be fOrccd to lake
the law Into hls own hand*.
Ile dlscussed the law of libel an.l
the court's instructlons at some length,
asklng both for actual damages to his
client's feelings. business. reputatlon 1
and standlng. nnd also punltlve dam?
ages ns a salutary warning to otrfers.
Attncklnc; Yoder's record as ono who
cl.ilmed to be influenccd by high and
proper motlves, he went on to .inote
from tho evldence tb show malice and
rerkless disregard of the rlghts or
others. Eipht or nlne issucs of thc
pamplilet -.ere olted to show what was
termed a systeniatio s-heme to libel
Saunders.
Who Is Yoderf
He has admitted In his pleadlng
that theso statemenls nre lles," said
the attorney, "and then he Boes on
thc 6tand and swears they are true.
That bhould- show whether he was
worklng for the publlc good.
worklng fur tlic publie |gpod. V ho
is behind hlm? Ian't that the way
to judge hls motlves in coming here:
Who pald his espotises and starlcd hlm
in buslness accordlng to hls own evi?
dencc?
"Hc savs hc ls here to reforni things,
but admits that hc is a jumplng jack, ;
and that somebody clse is pulling the
string. Who is It? A barkeeper who
lost his license. lt looks funny to mo
when b. barkeeper who had just lost
his license pays moncy to bring a man
here to reform the town. He had an
oppotfunily to cxplain his connection
with Atkinson and hc dldn't do lt. It
calls for an oxplanatlon. Has the man
back of Yoder reformed? Apparently
he. still wants to sell whiskey. for ho
bas gotten another license, with
I Yoder'* aid. What is Yoder's business?!
ls be a jouvnallst cngaged ln disscini- i
nating r.ews? Or is he a man who re- I
.ails libcls on street cornera at 5 cents
a copy-. who sclls reputations for a
.one? 11- haa told you that lt pays I
bim. and hi.- prlnters say tt pald tbem." |
Mr. Leake cloaeS wltb an analysls |
of the lesttmony introduced to prove"
the character of Saunders In ihe cotn
n.unitv, cltinK the opinions ot .lames
N. Boyd. James R. Gordon, James B..
Pace ancl others.
Meredith Spcaka for Defense.
Mr. M"ercdith opened his argument
for the* defense. admltting that under
the instructlons of the court. to whlch
he exifi pted for purposes of appeal. the
jury must tind a vordlct for the plaln
tlff, it belng only a questlon of
amount. His appeal was for nominal
damages only, saying *hat this wns
ardly a suit for compensation; that
Saunders had before had worse things
said about hlm ln papcrs of larger cir?
culation.
He savs he dropped tho chargo or
William ' I.. Royall." gontlnued Mr.
Meredith, "bocnuse the cenatorlnl prl
mary race was over. Now I ask you
jurymen wasn't this suit really
brought for the purpose of breaking
tip this publlcatlon? We belleve that
thls matter critlcizlng Saundera was,
prlvlieged. TIls Honor has ruled other- j
wlso, and so far ns thls court is con- I
cerned. wo can but suUmit. Now as ti
the character of .MY/.A'cdM*! When I
flnd one man undoubted'.y tlie partnor
of the 'pollcy klng,' and that ls un
doubtedly the men.nost klnd of gahi
blirig ln thc world. nnd tho other' man
associming with mlnlsters who svm
pathlze with hls efforts for n rlean city,
then I prefor the latter man. ll am
not undertaklng to say that everythlip;
Mr. Yoder says ls right. Xo man
ftands so hlrh as t-i be above criti
clsm In official posltlon."
>>ny? No rin'-n-e Wi.ii none.
Mr. Meredith then went Into a, dis
cussion of the evldence to s' ow that (
the publlcatlon had not. ln fact. dam- :
aged the character of Mr. Saunders,
nnd that on testlmony of hls nvn wit?
nesses, as many' as one-thlrd of tho
peoplp of his own ward already
thought his influenee in politlcs was
evil. He relterated tho evldence of
Cnrlton McCarthy, John Gnr'and Pnl
ard and William L. Royall that Saun
riers's reputatlon as a politlcal leadcr
as bad.
"Five years rto a minority of three
members of the grand jury mnde most
sweeping charges agalnst bim ns a
man who had schemed untll ho had
well night accompllshed his nefarlous
ends.' If he ls so ir.1vr*rd no%<- by thls
publlcatlon, why wasn't he Injured by
Royall's speecbes ln tbe Capitol Square?
"Ile says tho r-enatorial contest was
over and tho flght wns dropped. If
that wa? his reputatlon flve yeai's ago,
where ls the reputatlon that was so
much injured by this publlcatlon?"
lie read from the Yoder pamplilet an
attack on Frank ,F*rranrllni. member
of the City Commlttee from Monroe
Ward, descrlbed by Yoder as be>ng
the former keeper of a low negrq bnr,
end yet aaicj that Saunders hnd sup
ported hls appolntment ns superlnten?
dent of electlons ln his ward.
'A man Is to ba judgod bv hls ns
ioclates." said Mr. Meredith. "How
doe< it happen that I.e is a close as
anclato of Ferrandlnl aml of the pollcy
klng of Rlchrnond. T* e article doesn'l
eharge him wllh receivlng part of tlu
profits of the pollcy, but no one hat
EUgKC-sted that anybody other than An
thony Orlftith was the pollcv klllg 0
Richmond. When surrounded by aucl
facts wouldn't you say that |(. iH grop
Ing for an excuse for thla sult?"
Meredllti Rxiilnlnx Trnctlou Denl,
Mr. Meredith explalned -hls connec
tion with the Tract'on franchlso, say
Ing tbere had b*|en a snoclflc contrnt
with Mr. Bcini-s bv whloh all mone
spent must be acvm'.ted for. In th
tWy One "BROMO QUEN1NE," that I
Laxative Rromo Qtriniu
Dsreaa CoMlu On? Day. Grlptn 2 Oa)
/yyy%/%g00\ivt. 2S>
THE WHOLE TRICK
IS IN KNOWING HOW.
Trousers-rnaklnfl ls a whole
business nnd oll by itself.
The houso that controls the
patented
"HUNGERFORD SYSTEM" j
of making trousers makes fine
trousers nnd nothing olse?
beon at that job over thirtyj
yenrs!
They make the trousers we
sell?trousers thnt have no
equnl ln fitand finlsh no mat?
ter what yovt pay!
They're All Now
in the Big Sale
(t.2.00 TrntrKcra nt.*7.S.">
$10.00 Trousers nt.$6.83
90.00 TrouMcru nt.f 8.85
$7.00 Trouscr.. nt.$-1.8."
All sizes and the most attrac
tive patterns.
Uell Telephonc flght ho sald there was
no such contract.
"Saunders took a fee wlthout ltnow
Ing- what hc was to do. He was em
ployed by Hunt Chlplcy to see certaln
Counollmeri ln Clay Ward. They wero
Aldermen Harman, Whlttct aud Scay, j
nnd Counellmen Blanks, Glbson, Cot- '
trell, Mlner and Wlnston, Two hc dldn't j
see. So ho f,'ot $1,000 for scelng slx ,
men about a matter of -jvhlch he knew \
nothing. Can you put that on the
same bas-'s as where there was a wrlt?
ten contract? Ile had control as super
Intondcnt of a ward, syi'd had a volco
ln elections, though I don't lmpute that
any Clay Ward Councllman received
any of thai money." Ile closed by a
clear dlscusslon of the court's Instruc?
tlons, nnd nn ap. eal to the jury for
mlnlmum damages.
Mr. Scott's Argument,
Mr. Srott opened tho flnal argument,
a lorricnl dlscusslon of more than two
hours' duratlon, In whlch he flrst held
up tho case for actual damages on the
ground of Injury to the feellngs, per?
son, business, famlly, standing and
reputntion of hls cllent, and then punl
tlvo damages a.s a warnlng and rletor
ront to others.
"Wlll you jurymen sanctlon by
small or mlnlmum verdict a matter
which the counsel for thc oiher side
hlmself wlll not sanctlon by so much
i as a word? At tho openlnrf of my
i argument I polnt to the fact that the
most skllful lawyer ln Itlchmond. and
tho ablest mnn 1 havo over encount
: ercd ln the trinl of n case, Charles V.
Meredith, wltli all hls learnlng and
ability, after all these days, has heen
unablo to offer one word of excuse.
lf ho can't do it, then I tell you that
nothing can he offered In their do
Mr. Scott went into n dlscusslon of
C'O '.iw nf llhel nti,l tlio Intury done
, by the dtstrlbiition of printed llhel.
j when there was ap one present to re
I rate or defend. As to the grancl jury. i
he qiioted Chairman Charles F, Taylor, j
'who hnd testlflerl that in thp investl->
' patlon nothing hud l.con proved nfralnst
fcaunders,
"And yet the counsel for Wllliams
nni. ..ntior, admlttln^ th^ f;:lsohood of
their charges. brlng hore newspapor
referencos to that crranfl jury as tholr
Justlflcatlon, and you aro asked to put
n sea! of approval on fou' slan.lors
and accttrsed lles by n nominal vor
dlet; Thls publlcatlon was made, not
hy a negro, an(lgnorant person or a
felon, but by a man ln the gulso of a
preaeher, who robbofl heaven of lt.s Hv
ery ln order thnt he mav serve the
.'evil and hls purposes. and the Wil
Ilamses nr'niod what they believed to
he slanderous unless Yoder could flirl
proof for hls n.s.rtlon., and then Sto nl
here roitierating falsehoods v/ilch you
knew wore fal.ehoods,
Royall Proved NothlnK.
"Xowhore in thoso papers of 100.1, to
whlch so much rcfer. nco haa ? beon
made. ls there the namo of Mr. Saun?
ders save In the specch of Mr. Royall,
and Royall. wlth all hls Intenslty,
makes no charge agalnst hlm hy name,
and even in those warni and strenuous
tlmes. when MOntagua and Martin
I fought for the .enatorship, an.l when
i a grand jury sat twenty-thrce days to
' soarch out the truth and lind^somo fact
? that would justlfy a prosccution of
I Saunders, because Royall was thoro
; pres-:lnir that ordeal, yet he came out
unbesmtrched. With nll tlio ability ot
Royall and hls strong f.ellnir on the
' subject, don't you know ho would havo
brought fraud to thclr nttcntion If
there had been any?
"Mr. Saunders has sworn that hls
business fell ofi' $ 1.000 In slx months.
Thls does not Include tho ppln nnd
niortlfication nnd mental suffering. for
which I ask coinponsatlon. J-.loctlon
was comlng on, und hc was held up
' to fuul slander and Infamy all day
long, to flght a loslng battle for good
namo and credlt against a hell-lnsplrcd
and mallclous falsohood, and tho re?
sult of the election shows the effects
' of the foul pofveraton.
"And that man had to go back to hls
1 Wife aud tell her of the sltngs and ar
rows of an outrageous fortune; hls
THE WELVfHER"
'I Fiiroe-sli Vlrs.ii-1'"?Timcttlcrt Tyeatli.
er, vrlth raln Wcdnetday) TburmlHy
. partly cloudy and colder. inodcrntt
inutb ->l ..<!>.
\orlb Ciiri.lliiu?-I.ocnl rnln* Wednew.
ilay. Tbur-dny, fnlr nnjt coldprt imid.
' -rnte nonlli nnd nouthwc-t wlml..,
. j CONDITIONS \T_STI...OAY,
Raln. Thermometcr at mldnluht, -10
I roxniTiOXS IN IMPnn'l'AXT OITIK8
1
ice.
vlllo
rlcKl.
\Vllinlm_lf
HatlerH.
l'ale.Llu.
M., l-astern Ptandarrt Time.'
Ther. H. T. Weather
.... 42 50 Rain
- 88 ns Raln
? - BO 70 Cloudy
- TU 7(1 Cleur
- 88 .3 Raln
H5 Raln
ih) Raln
?12 Raln
lii Rnln
7" Clear
08 70 Raln
68 03 Raln
r,_ r.s Raln
3. f.D Rnln
r.i so Cloudy
G_ es Cloar
Augusta . .11
8avann.li . r,8
Atlanta . -10
Moblle . r>.
Tampa . 01
.lupltc
I chlldren wore polntod out oti tho
st.ts as thc suiia und dnugliturs of
11 obrrupt politlcal boasi That Ih tvjial
Ihe iiuirt tolls you miist be givmt *aa
cotnpi nsntury diiuuigc. mallcu or nu
ninllcc.
Aliiic-I, ou Voder,
"What. caused nii thisv A HtiedKlns
hypuorit. ii-oiii Lynchburg, narndlng
nnd mascjuerndlng us a proncit.r, who
stnnds in court to-day unable to jus
llly hls action, LhOllglt Imokod by nbbi
counsel, .Min may colno nnd men may
go, but the Hlantlcr goeu on forover,
liOng after thu vordlct of thls courl
l,ns become a part. of Iho mustv nr
chlves, that libel wlll bc riMii.-inlx.-r. d
nnd brought up iigaln nnd agaln liorc
iiii.t. FIow iniitiy men In thin cortl
Iniinlty havo had thelr inlth in him
shakon bdeouao of theso slandcrs? tlow
many wlll hereafter voto ngttlnst hlm
or fall to patronlZO hlm? Besides .luni
ftg_ for compensntlon, i auk punlsh*
inent for ihe outrag, of whlch they
liavel been gullty, I appeal I.i your
sense! ot Justico miii right io bYliig
tlie fclons to tho bar ol Jltstlcc, nnd
?sk thnt an ndoquato punlslnnent be
iniiicti'd. i proposc to Show ihm. vVil
llnms and Yoder aro oqiially RUltty 0f
mnllclous Jlbel.
"Who is Yoder? For two yenrs, he
tells us, he was a pnniphlctcer lu
Lynchburg. What he dld thoru wc
know Uttio of. About the tlme or bc
fdre hc came here, one John .Marshall
Mklnsorb who conducted a luir al
Nlnth nnd Capltol Streets, lu tho old
Valentine Houae, or i'ark Hotel. went
to seo him. Wo know that this At?
kinson was convlcted of wrongdolng
nnd his license taken from him by
due process of law, ior :jclluib- pois
oned liciuot- to a young girl nml a
young lx.y until they werc carrled
drunk from tho Capltol Bquaro to a
pollce station. Next to this concerted
libc-1 thero has been no greator crhho
than Ihe helllsh act for whicli the li?
cense of Marshall Atklnaon was ro
vdked.
Atkinson Invited llim.
"That man went to Lynchhiirg nnd thero
Intervlewed Adon A. Yoder. After tltut
Voder camo to Itichmond and net up a shop
on moncy furnlshed by AtklnJon. Thla mani
whose llcc-nse had been rovoltod, furnishcil
tlie money nnd provlded the place for the
conduct of thls buslness, nnd thero In At
Itlnson's hotcl Yoder ostabllslied himself
ancl unnounccd hlmaclf as a moral roform?
er. Here lio commenccs liis attack on tli"
powers thnt be, especially thoso who had
bnd a part ln tho rovocatlon ol that license.
No hea<] wus too high, no roputatlon 100
sucred. Coming hero as a crusador to flght
whiskey, he tella us on tho w|trieB8 stuiul
tliat he decllned to (nqulro uito tho fueta
of .Marshall Alklnson's enso-tluit he do
clined to learn thc truth. Tliis crusador
was then gullty of u basor net ot troachury.
Atkinson appllod for n ronowal of Mi H?
conse under nnother name. Thls preaeber
of morallty and cloanllness was summoneil
by tho Commonwealth's Atlorney to give
hls testlmony agalnst whiskey in tho name
of tbe Stato of Virglnia ancl In tho namo j
of morallty and honesty. What does ho do?
Like a vlpcr he turna and an'e'ari thnt that
is a proper place for the sale of llquor.
Atkinson nnd Voder. !
"Js there no eonneetlon between Atkinson!
and Yoder? Would tho Commonwealth's I
Atlorney put a man on the stand Ir n'e'
hadn't bollevod hlm to be worklng to re- ?'
form tho cvllo of tho whlskej traftic? Ifj
Ilfl had been falr and honesl wouldn't bo
have told the l.'omiiionwealtb's Attorney,
Instcjd of coming thero ns a wltness for
the i_'ornmonwcaltri nnd thcn dollberatoly
selllng out to tho other slde? 1 tako this
from Yoder's own statement on tho stand.
In tht name of an otflraged decency?ln tho
name of tbe C'otnmonwealtli of Virglnia nnd
ns law-abidlng cltizens, I ask punlahrheiit
fnr this criminal. My friend. Jir. Meredith,
couldn't suBRcst to you one word of excuso
for Yotlcr. Thero lsn't any. But that Isn t
all. Day uftcr day he bus vlolatcd tho law.
C'ommenelng wltli th>' tlrst llbol, bo bas ug
gravatcd It aa In thls artlclo on tho day
,,i . Icctlon. Ile came here without a dollar.
save what was furnlshed by Atkinson. Ilo
Iias made a llving by defainlng mon. Ile
Iias made of himself a plrale on thls com?
munlty. Kldd, who ecourged the seas of
the South. was merclful, for lie alew wlth?
out torture. ?
?'Thls man has put h'.s victims cn tho rack
and prcssed tbe burnlng iron nuo thelr
souls. not carlng about his rlghl3 so liis |
JURY IS INSTRUCTED
TO ASSESS DAMAGES
Judge Ingram Holds Printer and Publisher of
Libel as Equally Resppnsible?Rulings of Court
Follow Decision of President Taft.
Judge Ingram gave tho followlng In?
structlons to the jury ln tlio Saunders- I
Voder damage suit:
The court Insfructs tho jury that
proprletors and prlnters of pcriodlcals, I
such as the Idea, Introduced In eyi- :
dt-ncc here, are just as llablo for whal
they print and publlsh as any other,,
person. They are llablo in tlie samo
jnanner und to the same cxtent.
The fact that ono ls a candldate for
an office in thc gift of the peoplo j
furnlshes n legal excuse for lair and j
proper crltlclsm, made in good falth
and wlthout mallce, of such of his acts
as aro proven by tho cvltlcnco; but as
rospects hls peraonal character, there j
is no -such enlarged rlglu of crltlclsm,
though he bo a candldate for ofllce.
! This enlarged right of crltlclsm ls !
I continod to such of hls acts as are j
I establlshed by the evldence.
1 The publlcntlon of dofamatory lan- ,
guage, such as la set out ln the tlrst j
und second counts of the declaratlon
horeln, cannut be jtistltled ou the
ground that It was publl.hed as crlll- i
clsm. Tho law protects not only the I
person and proporty of the. citir.en, but
j vlgllantly guards as equally snerod hls
porsonal reputatlpn and character.
Question of Mallce.
A puiillcatlon ln such a periodical,
mado either uf a publlc ofllcer or of
a candldate scoklng an offlco from the
votes of tlie pooplo, whlch falscly im
putes to hlm crimo or moral delin
? quoncy. ls not a prlvllegod publlcatlon,
! but froin such n publlcntlon thc law
lmputes mallce to both tho author and
the prlnter thereof, and tho person
defnmed is entltled to recovor dam?
ages t'ur any injury hc may HUfCer
thcreby to hls business, hls foelings
and his reputatlon. unless tho lan
iguago Itself bo satlsfactorlly explalned,
! and lf ftictual mallce or a ro.ci.less
] dlsregard of tho rlglus ot the plalntlff
ls shown tho jury may award ln ao
I dltlon thoreto punltivo or oxemplary
! damages as herelnnfter dcllncd.
Tho court further Instructs tho jury
, that the publlcatlons or oliargea set
.out ln the llrst und second counts
of tlu- dcchirut.on heroln Impute morul
aellnquenoy to tlie plalntlff, and they
are not ? prlvllegod eommunlcatlons.
' From tho publlcatlon of them the law
lnfers that they wero falsely and ma
', UciouBlJl made, and thl'OWS upon the
l defeiidants. nnd oach of them. tho bur?
den o- provlng by rellable and cr.dlhlo
evldence that the ull-6'atlons wero
true, and also that tho publlcatlons
were mado ln good falth and without
mallce.
Tho court further instrttcts tho Jury
that under the pleadlngs and proof in
thts case, thers belng no ploa llled nor
proof offered by tha defendnnts lhat
thc charges sued on are true, tho
jury muat consider thtil sald charges
are untrue; and tho sald articles not
being prlvlloged.' the publicatlon of
them was an unlawful act on tho part
of the tlef.ndunls, fur whlch they
must answer in damages, tho amount
of whlch ls to be determined upon
the prlnclples lald down ln the other
instructionR glven the Jury.
Tho court further lnstructa the jury
that Whll? mallce ls thi* gtst of thls
actlon, and proof thai the defend
anta were aotuated hy mallco ln malt
Ing atild publlcatlons Is necessary ,ln
order to a reeovcry ugnlnst thom, yet
Ihls does not mcan mallco or 111 wlll
.uwfirds tho plalntlff lu tho ordlnary
m-uuliig of thc torm.
SlllM llcur CoiiHeiiucuccN.
Kvery man ls Intendnd to monn th
natura'i nml probublo consenuences ol
hls act., and In bound to answer foi
such consof.ui-nces, mid lt is not iioe
cssary to lender Ihe acts i-oniphiluci
\\ itHliiiiKton-Si.I Kimii .- ti, < .ililiirnlil,
Tourlst ijle.pliig cnr (our ttim-d we.'kl
wlthout ehiing*,. IVriiOlnullv conduct-il
l.l.r.li, {..00. KO K. M-ln Streot.
COLLARS
having flexible
bending points
DONOTCRACK
15c. each. 2f<tt25c.
Cluctt. Pcabody & Co.. Makora
ARROVV CUFFS, 25 eeitft a Palr
.? thlnk
,-lt'e aud
lalr aud
y be vln
I.liibb'
?ntlon to Iho
ompany. ltufus
iiiltted tiiat ho
uibllcntlon, und ,
lackmall unlesa
U'llllamS snui |
i,, maklng money
Imslnesn tlnlveil. Not
of thci pain and niigu
chlldron nt homo. 1 n
aduquato and Just, tli.
dlcatcd."
Wllllama Al
Mr. Scott then turnoi
llability of the SVllIle
Wllllama, he sald. hn
lcnow tbe ehnraelef of
thnt ii would btl pract?
Yoder knew and could provo "uii, ?-:
his aaaertloria. Tbe :
tliat ;'at any rate tlu
inii 'of the prlntlng.'' ., . .
"Both oi" tliem knew tli- wrong-that they
could not make good I ' cliarB08. Yet
thero hns'bec-n no rcpai
no inatily ncknowlodgni.
tbe tlme npproaclies tor
Iliuna is wartied tliat hi
lo maintain tbe chnrgbs, he
rlngton, who had fought -?
aml year out, und is told .-?
tlcal enemy that he i.i, ? ?
or utifulr act. Ile comi * l>a
sol and tells hlm that llio i I
Uut tho blackest or all tli
men hnvo done wns when
Yoder stood here sicle by
thcrhaelvca under the Bamo
tbe same counsel. and Iluf
Itcratea that ho still bolli
ehorcea are true. when hc
fr<
ituidei-':
Uoes not thls wrd
ment? A man refualng
and swearlng agaln an
chargos ho knew to be fi
Lest thlng I can uny ln
aud my clleiit, lu that C
Ui- worthy Bon of n <
honest to stcp from hl
tell thls jury that Yoder hart nn excuso for
ono word be has said ncamsi my cllont.
Addltlonal Instructlons.
At tho concluslon of Hi
Judge gnvu tiio following a
,.i thon or nlncc,
,,f fault. Whon
li iul und Wll
u.?t gnthor proof
uoes to Dr. Car- I
faundora year ln |
.-.- n by hla polt- i
of no utidorbiiiid i
ii k to hls coun-1
iiargca are falso.
tings lhat theso |
n WIlllamB and
si.le shultcrlng ;
plea und with
Wllllams re
i thnt tbo .
hua full knowl- i
ny thnt they aro
; , ry for punlsh
,,..ine roparation
,i ,iin that the
,? woro truo': Tho
i.initip,. of inyselt
rl-.i V. Morodlth.
rthy slre. Is too
lllxh pedestal to
ument tho
nal Instruc
"Tho Jtirv are Inatruct.'d lhat thero can
bo no rocovory on ncuount ut Mr. saund
ers's dcivi.t In tbe clectlon for tlie City Com*
mittee, the law havlng no dcfinlto rrtoasuro
onpablo of makinB roaaonaWy certaln oucb
damngos, If nny, aml becaueo such doni
ages aro too rgmote. And tiie Jury nro
further Instructcd thnt there is among tho
Instrucllons on tho questlon "f Injuiy to
buslness. nol rend except t>>' 'he court, ono
Instnictton wtileti you will consiUT on tbiB
questlon, und tho court ln addition tells tho
Jtirv that no damages can ne allowed for
the" loss of buslnvBs that Ir, not proven cb-ar
Iv und satisfnctortly to tho ;ury ns belng
dlrectly tho result of tho ptibllcatWis do
clarod on."
The Jury flted ailently out, and thero was
quiet in tho court-room for an hour, whllo
nnxlous men paced tbe lial'.s. Tho younger
Wllllams was ln court with a friend. Yoder
siu with -Mr. Meredith almost wlthout mov
lng through Mr. Scott's tierce denunciatton.
and during the Interitn. betraylng no sur
prlae at the verdict. whlch under the In
Btructtona w.1s, aftor all. only a questlon
of umount. lt wns undoratoocl lhat tho Jury
compromlsed on tl.fiOO, somo membors nd
vocatlng a somewhat hlgher and others a
lesa amount.
of mallclous that ilie defendants
-huuld havo been uctuated by a foel
lua "i hatrtid ui- ill wili towards tho
plalntlff, ou- that they entertalned or
pursued any bad purpose or deslgn.
un thc cohtrary they may havo been
actuated by a general guod purpose.
aud have had a real and slncere deslgn
to brlng aijout tho rorO'rrhatlon of mai
ters or condltlons. But ln puraumg
lhat deslgn u il-.ey wllfully lntlicted a
v. rong on ihe plalntlff, which wau not
warranted by lne law, such acts aro
mahcioua In law, and are ln uien}
aelves iiijurious.
If thc jury li, u..vo from thc evldence
that iho cuarges in thu declaratlon
montioned ivero composed by the ue
fendant, .ou-r, io be pu,rili_lied ln a
pertudlcal owned and euiied by hlm,
caaed mo Idea, tu bo circulaioa in iho
clty of Hichtiiond, thut the same was
printed by dcfcmlanta, llefus C. Wil
numa a.uu ii. ii. ,, inia.ii-, [jartnora do?
lng tiuslncss aa cho Wllliams Prlntlng
Company, and that coples ot such pe
rlodical containing tho said chargos so
eoi.ij.u_ea ana prmicd wero by tho
Wllliams Printlng u.nipany doliveretl
to thc aald Voder, o. _iher porsons, to
bo distributed and clreulated in aald
city, and that tho aamo were so cir
culatod, then each aio. all of sald de
fenduiits ar<; equally guilty of a Hbe'l
upon tho plalntlff, whlch iho law pre
Bumes to bo false and uinliclous ln tho
abseiico ol an nllegatloti and satls
faclory proof of tho truth of such
charges, or a satisfactory c_planaUon
of tho languago usiid.
The court further Instructs tlio Jury
that the defendants were not justllled
ln maklng ihe publlcatlons complalned
of ln the iirst and second counta of
thu doclaration, even imnigh thoy may
Havo honestly believed thoy had tho
right io putfilsh them.
Such honest behoi may bu considered
by thc jury ?\ Uet.rmlnlng whether
exemplary i.r pumtlve damages should
be awarded on ihe ground of actual
mallco. provlded they honestly believ?
ed that said charges wero true, auch
honest bellef being based upon rca
aonable aud probablo causo for bellov
mg in Uie truth of sald charges.
Hoasouabl. ani probablo causo la
tho exlstonce oi such facts and clroum
sianues as womd exclte the bollef in a
reasonable mlnd, aotlng on the tnfor
u atlon thereof, r.lied upon by the de?
fendants, that the plalntltt was gullty
ot tho olten.es charged in suid publl?
catlons.
Can't llely ou ftiuuora.
Humors, liowever, and nowapapar
publlcatlons do not constltuto roason
tliut ihey tend to provo tho character
of tho plalntlff or bear upon that ques?
tion, thc jury can conslder them both
on tho question of punltlve damages or
actual damngoB.
Tho court further Instructs the Jury
'hat an Irapropor motlvo may bo Inrer
red trom a wrongfm act based upon
no roaaonubl. Kr0und, suoh improper
piotlvo coustltutoB mallce In law. and
tu Qonstitute such mallco lt ls not noc
essary thai such wrongi'ul aots ahould
vf,u1i5.re?,il!PU''1 iy "?????. malovoleuce or
v inctiotivoness,
t.i?.iU0iP,0u{'1 ""'lu-r Instructs the Jury
,i.'. , , '' ''"'ii'iug iho amount of
SSmhI.8 . xvhlch ""' plalntlff may bo
1 ' ';V shall take lnto consld
... i ''' Ca(,,a n?><> clrcuniHtancos
_" ne if as ??Holoiiea by tho ovl
iiiiV ,.,..," Iu"l"''> and character of
ilt nv nn13 ' "'" languago ln whlch
-1 ,, i"''"'"'"'""1 Ull(l Ita toudoncy,
I -i.,.,i ii, "'. whlch thoy wcro pub
.. ,'. i ,!'' IU ">' thelif olrculatloii,
M- ih__? .,..,:.. 'fUrt "I'Oll those W
tttumal .m.i pr.ubublo effect upon (J*
I'lalntirt'H buslness, porBOnnl 'onllngH
aud hls .standliig 111 Ihe coinmunlty ln
whicli he IIvoh; and, If under tho other
Instructlons horoln, ho. ia ontltled to
recover, they should awnrd hlm hucIi
h ii ii i by way of duumgos nn wlll fairly
ana nricfiuatefy ooinponuate hlm,
I. i-'iir uny loss or injury to hla ,
buslness, nnd
li. l.'or tiio Insiilt to hlm, liichuilng
any pain mul rhorllflcatlon nnd inentai
Scllferlrtg Infllctud U|iun lum. and
,'l. Vov any injury to Ina ,upuiatlon
ns a in.in and eiil/.en.
Itfhv Ile Mfly Itccovrr.
And if the Jury beliove irom nll the
eyldenco ln the uasu that thu ncta com
pliniieii of wore lnrtu. nccci ny actual
inalice or n doHign to injuro or Opprosa
iho plalntift, hc may recover 111 this
action, in utidltlon to such datmmes u.s
tiu.Ho montlondd above, pumtive or ex*
iinplary damages; thut ih to Hay, that
Iho Jury wlll not 1)Q limited in tl*fl
amount ot Ua verdlnt for tho plalntiff
to uoiiipenHiuion io iilm ror thu actuui i
(lainngo sustalned, as above Indlcntod; i
they may givo hlm suclj further lum
"gcH nn they mtiy think rlght ln view j
uf all thn cfrcumstnncos of tlie caso i
"a a nunlshment to tho iicfondiints and
as a salutary exampie to others to u_
tcr them fruitt oll'enditig In n llko man*
nor.
ln deterinfnlng whothor defcndonts.
ln publishliig atul olroulatlng tho
ohargos compialncd of, wero iniluenced
by actual nrfallee or n doslgn to Injure
or oppress the plnlntliT, tho Jury should
consider the relallon of tho partles to
ouch other, tliu ucts of tho defendants
beforo and nftor tho puhiieutlon.s ln
(niention, and all the clrcutnstances
silrroundlng Ihotn.
'i'iio plalntiff; however. eannot rocov
6r on any word published after tho
bringlng of thla .sult; or for any words
published either beforo or after me
bringlng of tho .sult except for the
Words declared on in thla action, but ,
lf tho words ptibllslied affbr thc brtng- ?
ing of thls sult show by a tuir Infer- j
dhco that thc defendants wore porslst*
Ing ln the charges contalnod In tno j
declaratlon, or nny ot them, then the
jury may consider such subseriuently
published words in aggrnvatlon of the
damages.
\\ but II Mlm.t Shnrv.
And if Iho Jury beliove from tho evi
tlence that tho defendants were in the
hablt of publlahlng other fulsc nnd
defamatory charges ln sald pcrlotlical |
concornlng othcr members ,if tho com- i
inunlty, such pitbiicatlons may be con i
sldered a.s showlng a reckloss indlf- '
forenco to tho rlghts and roputations
of others, and aa furuiahlng a basls
Ior tho inferenco that tho publlcatlons
in Iho declaratlon i.ieiuloncd wore ma
llclous ln fact, but betore such other .
publltjatlona can be consldered tho
Jury must be aatlafled from tne ovi
denco that sald other charges wero
falso an'i defamatory.
The court further lnatructs the jury
that lf they beliove frorn tho evldence
thut tho words compialncd of ln tlie
third cotint of tht declarntlon wcrv
falsely nnd ninliciously prlnted and
publi:,hed by tho defendants of and
concernlng the plalntiff, and tliat such
words rrom thelr usual construction
and common acceptatlon aro construed
ns lnsuits and tend to vlolonco ana
breach of the peace, thev nro actlon
?ablo; that Is to say. thc' plalntiff hus
the rlght to stie thc- defendants there
for and to recover In thls action such
damages as the Jury may think proper
under all the clrcumstancea of the '
case, the amount of such damages io
be determined upon tho prlnclplos la.nl i
down |n the other Instructlons her'ein. :
But as to thls article aa to buvlng !
votes in .Manchester. the Jury ls In
str.ietcd that the Iangtiage iis-rd im-unx '
In Its falr Interpretailon, accordlng to
tho usual construction and acceptatlon
ot the langtiage, that if saunders wns
elected it would be on account of tho
votes of those whose taxes were pald
by the llquor people. "and lt ls in the
oplnlon of the ccurt prlvlleged, nnd (..
cntitio tho plalntiff to recover on thls
count he must prove that the dcfend
ant.s wero moved to publlaii the sald
atatements by actual mallce ln fact. I. o?
frorn an indlrect motive,-such a% an^er
or 111 wlll, or with a knowlodge that
they were untrue or wlthout caring
whether ihey werc true or falso.
The cotirt further Instructa tho jury
that one may not come forward aftor
he Is sued for damages for a libel and
say that what he has published was
not malictoualy done. or that In malt
ing the chargo he had no 111 wlll
agalnst the plalntiff, or thnt he dld
not mean to eharge the plalntiff with
the offences alleged hy the libelous
words. P.ut such evidencc may be con?
sldered hy the Jury on thc questlon of
actual mnlico, Its weight and sufil
clency belng for them.
Whether tho publlcatlons cnrnplainod
of wore in fact mallclous or wer.- pub
llshed with n doslgn to Injure and op
press the plaintirr must be determined |
rrom the ncts of the defendants ap
pearing In thc evldence and all tho
circumstancos of the case.
t'nn'l Consider (llliern.
Tho court further instructa thc jury
that the publlcatlons uppearlng ln ^he
Times-Dispatch, ond reforred to on the
cross-examinatlon of tho plalntiff. ean?
not be consldered by the Jury as- fur
nlshlng any juattflcatlon to the defen?
dants for puhlishin^t the articles com
pialned of in the declaratlon Nor can i
they be consldered by the Jury in dc
termlnlng either
1. Whether the defendants had rea*
sonah'.e cause tr> belleve that the
charges c mplalnod of in the declara
tlcn wcre true. or
2. In iT.ltIgation of damages, except
that they may be consldered by the
Jiiry on the questlon of punltive or
exemplary damages as tcndlng to re
but actual mallce, their weight and
sufliclency being for the Jury; and this
j Is also true as to the evldence as to
l the Richmond Traction Company and
tho Bell Telophone franchtse, and the
plalntlffs eonneetlon therowith. nnd
both the publlcatlons, and these lat?
ter matters may be consldered by the
jury In so far 'as they bear upon the
character of the plalntiff, and to thls
extent may be consldered on the ques?
tion of actual damages ns "vre.l! ns
upon the questlon of punltive damages
or exemplary damages.
.*.:, to nn Apology.
Tho court Instructs the Jury that lf
they bclievp from tho evldence that tho
defendants fiillcd, wlthln a reasonablu
tlme after the Instltution of thin sult.
to make an apology to the plalntiff
for tha publlcatlons sued on ln the
lirst aud socond counts of tho declara?
tlon, and upun thu trlal of this caso
porslsted ln tho truth of the said
Charges without any reasonable
ground to bullove that they could es
tablish tho truth thereof, then the jury
have the rlght to consider such evl?
dence as to whether the defendants
were gullty of actual mallce ln pub
llshlng the sald charges. But it ia
tor the Jury to say. undor all the facts
and clrcum.tances of tlie cuse, wheth?
er actual mallco tn publlahlng sald
charges la proven.
Tho court further Instructa tho Jury
TALK ABOUT FEET
Trowbleaoine Sklu Airectlons Put to
ltout by I'oNlnm.
A reeont exchange of experlencca
between ten persons dcvelopod tho fact
that nlne of them wero suffering from
toot trouble, whlch caused continual
ar.noyance and serious concern. Ac
oording to those who know, the best
thlng to do when the foot are tlred,
lni'larncd, Itching, oliafed or broken
out ia to apply a littlo poslam and
noto how qulckly the dltnculty wlll
vanish.
Poslam is tho naw skin remedy,
wlilch so rapldly conibau tho worst
cases or aczema and all skin troubies,
stopplng all itching with the flrst ap
plicatlnn. it makes qulck work of
acno, herpes, tetter, scaly scalp, bnr
ber's nnd every nthor form of Itch,
Ocoaslonnl appllcattons iu small ouan
tltles wlll qulrkly hnnlsh plmplna,
hives, hlackhoads, blotohes, eto. a
speclal nilc piickage of poslam ls pro
nnrocl for those who uso poshmi for
mlnor skin troubies, and thls, ?h well
na tho rogular two-dollar jar, ls on
sale nt Tragle's. as well as all drug
atores. ?
But no ono is even asked to ptircluiso
poslam without Urst obtaliilng n samplo
package. whloh wll] bo sont bv mal],
free of chargo, upon reouest, by tho
Krnorgeney hnhoratorles, 33 Wost
Twenty-lifth Stro?t, Now York Cltv.
A LINIMENT FOR EXTERNAL USE.
No woman who bears children nccd _raf_or during tlio porlod
of walting, nor at tho timo of baby's comlng, lf M6thcr'i.
Friend la nscd aa a massago for tho musclos, tondons nnd glands
of tho body. Mothor's Frlond ls a pcnetratlng, hoalthful linl
mont which Btrengthons tho ligamonts, lubricatos and rendors pliant thoso
rausclcs on which tho Btrain ls grnatost, prevents caklng of tho broasts by koop
Ing the ducts opon, and rollovos naunea, backacho, numbnc3S, nervousness, etc.
Its regular uso wiil propare ovory portion of tho cystem for tho safety of both
mother and child and greatly reduce tb^paln and danger when tho llttlo ono
comes. Mother's Friend ls Boldat drugIRres. Writo for our freo book, which
contains valuable information for cxpectant mothcrs. .
THE BRADFIELD GO., ATLANTA, OAm
thnt If thoy belleve from the evldence
.hat tho puhllcatlnnn complalncd of
ln the declaratlon wero of a grlcvous
and wanton nature nnd manlfeated u
wllful dl.re_.ard of tho rlghta of tho
plalntlff. nctual mallco need not be
-liown to entltle tlie plalntlff to ox
emplary or punltlvc damages.
..(tiicMiig C'nudldnli'S.
Tho jury aro Instructcd that lt ls
admltted thnt nt the tlmc of thc pub?
llcntlon complalncd of. tho plalntlff.
Clyilc W. Saundors, w.is a oundiuuto ln
a legallzed primary election for nit-ni
lior.'hlp upon the Democratiu Cl'y
Committee, and thereforo the publi
L-atlon ls to bc vlcwed and consiltrcd
na wrltten of one who waa a inr.dl
date for a publlc, offlco. Wli.n tho
plalntln. offered hlmself as a citmlldate
lor sald posltlon, hc throw out n chul
tcnge to all tho resldcnts of itlchmond
lo canvjiss hls qtiullncatlon and fttne*
for lhat posltlon. and hls character
nnd conduct. Hut, as e.xplalned ln tho
other instructlons glven by the court.
thls does mjt give any one the right
tc Impute a crliiie or nioral deiin
quency to a candldate unlesH they nre
prepared to plead and provo thc truth
of such .mputHlion.
The Jury, should they under tho evl
rleiicfi and Instructlons- bellevo lhat
Ihe plalntlff ls entltled to recover for
Injury to hls buclnosf, aro. Instructcl
thnt they i-iiuiot award the Ulai.ttlff,
any speculatlve or conjcctural protlts
and csn <>nlv aw.-ird sucli a sum, if any,
they belleve from thc c-vldence proven
ns wlll cumpensnto him by way of
fjoneral damages for thc Injury, lf nny,
cccasloned by ihe publlcatlon.
POSITION IF POPE
fi.ontlnued from Flrst Page.)
from pcrsonal obscrvatlon 1? to crcate
thc Impression that Mcthodtsm ls
tho greal falth of tho Amerlcan repub
lie, nnd that tho Cathollc Chureh ls
i: ? r< ly nn Ita Inn Instltutlon.
"1 shali leave for N_w Vork to-mor?
row and I shall be pleased to nnsv.or
the .Methodlsts there or in the Kast at
any tlmc. I cannot make it to.j plaln
that I am not attacking the cntire
Methodlst Chureh. but mt-rely tho
Methodlst Asscclctlon. at Home. I am
not too old to enjoy a flght when the
occaslon requircs lt.'"
OFFER FREE SITE
AT
(Continued From Flrst Page.)
tabllshment of a v.-oman's college re?
ported progress, ernphnsizing tho vigor
wlth whlch the effort has progreased.
Dr. IJ. C. ilennlng was reappolnted
for another year as agent of tho cam?
palgn committee.
Those present at the meeting of the
trustees wero J. Taylor Ellyson, pres?
ldent; Wytho D. Anderson, secretary
pro tem.; T. S. Dunaway, U. II. I'ltt,
J. B. Leakc. John M. Pllcher, XV. It. U
Smith, A. Ii. Courtney. C R- Sands.
G, \v. UcDanlel, A. J. btontague, J. .f.
Montague, A. W. Pattcrson. (Jcorge B.
Taylor, George B. West, George B.
.Steel, J. II. Hargrave, T. II. Ellctt, J.
-i-S-Sfo ii^fev irtggg^ ___!_%_ _jg__L.
ffgOlT^lS COUPON OUtJI
^^ ^5^ nsjgggfr ^_^ ^^5^^
Coupon
FEBRUARY 9, 1910.
N0T1CE.?A complete set consists of 30 cou
pon8 of consecutive dates, only one coupon of each
date will be accepted in each set. "Vou can begin
saving on any date, just so they are of consecutive
dates from the day you start.
*_f_g& J??fl_. ^&*V ^#P
ecin savTwc to-day;
flUALITY,
??iiii i iiiianiM ?ai imniiHii H?t^jiiaKiiginica-n-Mai-fHiw^^ '
We Are llcadqnnriera for Saswlor eeeds of ill klndi. Iwi V"1 Clovw
Swcli. Oardan ?i. 1 ricvrcr S -.- ,., s-od l'?. .!/??. Oulcrn S*'.?. Cow Poji. Soja bum ?nd
?il SB-DS of tha blgtiait qu?litj aud t?nnl-?Uon. WnU foronrrKr.- UUlvgUt.
BranchStoreOOJ
D1GGS & BEADLES, Seed -Merchants
ore003-6US E. Harshiill St. 1703 E. Franklin St. Rlchmosd, Vn,
Do you realize the importance of ready cash? Splendid investment?
or business opportunittea are almost daily presented, which you have, no
doubt, been unable to grasp (or lack of rcady money.
Begin the year 1010 by saving some pnrtion of your salary each pay
day. Deposit it in the SAVINGS DEPARTMENT of this strong institu
tion, together with tho 3 per cent. compound interest we pay, it will not bo
long before you will havo a sulTicient amount to enable you to better yourselt
when the opportunity cqtiK.. One dollar will start an account.
Maln and Twelfth Streets, Richmond, Vn.
Capital, $300,000. Surplus and Proiits,$1,200,000
=?5
li. Ca'mp. D. M. R.inisay, W. C. .Ininos,
Judge W, it. Barksdalo, w. ... Ball,
Thomas B. McAdams and F. \V. BOat
wrlght.
Dr. C, lt Rylnnd. .eeretary of th.
board, wils nb?ent because of lllneiis
for the Iirst time In thc thlrty-se.vcn
ycars he has .served ln thls capaclty.
The bonrd expresscd Its sympathy for
th..- libsent members ln approVrlatb res
olutlons,
CASTORIA
tor Infautr, and Children.
The Kind You Have Always Bought
Blgnaturo of (^t^/yfi^O&i
The Masonic Ladies of
Fredericksburg, Vir?
ginia Chapter, Order
of the Eastern Star,
wiil hold a Tag Day
to-day, Wednesday, Feb?
ruary 9
for the benefit of the
Masonic Memorial
Temple in Fredericks?
burg.
The Army of
I Ccnsfdpation
I Ie Crov/ing SnaoJta Erery Day.
j CARTER _5 UTTLE
j LIVER PILLS are
j r_*tK>_.i->l<?t-u-7 nv*?
j oaly gire-relte.? '
j they pei_i_n?m_!y
I cure Cowtrpa-vgi:m.
Haa. Mii- ___sLr *
linw ute
i them for
| Bilioo
I ni-si, l-_i(;fitifl_, Sicfe IIta.ie':?, ..rflew Skfn.
SMALL P1LL. SMALL DOSE, SXALL PRKE
Ganulne mu.-t b.nr .Isnature.

xml | txt