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iENJ rho paper (Contlnued from Flrst Page also relleve sofnewfiav tho conditi hi;, anxloua wifo and famlly. lt Is hot known wliot hls will do in tim mean ttme', but prOBlimed tliat sno will be care, by Voder'ii brothors, ono of wlu. t'tihi to havo somo moans, /After adjourning court nnd tl Iiik tlio members of tho jury for patienco aiia conduct during the the court entered lts order that-. pay a fine of ?.-,o and tti'o cosl tho proiiectitlon, and tliat be be Jme.i in tl,,. city jall for a ter, ilftecn days and -hereafter untii .'?alil COBta and flno i..- paid tho conflnement not to exceed tho progcflbed by law, whlcli ls i UiolltllB. The costH wlU amount probahl $..? Yoder la ln debt to the extor S'.OO, but he bus untll the end ol term ln which to pay the flno co.,.,. After that hc may bo rell ot both on thc .pleu of Insolvencj Whlle the Jury wan out tlio pctl of tho Police Dopartment, algiiod ? very man On the force. that ho div th,- namea of tb,. sls officcra who v allegea gave hlm tho Information which ho based hla chargo that Ilceman Orlffln waa elected t., forco through trlckory waa prese to hlm by Policcman <;entry> ptalned tho nature of t|)c ,:o\ tho eplstlr. yoder aald that 1 conslder lt, and placed th hla pocket. Cnrler Glium Tea llncs, Most of tlio day was taken up x nrgumont by all five lawyera. Rei argument wns ontored. upon, howe tho proaocutton asked that Congn man Cartor Glasa, of Lynchburg permltted to Ko on the stand ln buttal Mt yoder'.-; tcstlmony that Glass a suit agalnst th,. j. p. Bell P llahlng Company was dropped heca tho Congresaman was afraid tliut trtitli ot yoder's statements wo come out. Mr. Gluss read YoJer's letter of tractlon and apology and also the 1 ter of apology from the publish company. He atated tnat he InMitu suit agalnat the publlshing comp; as belng tim only rospon.?lble pat that ho took no notlce whatever Yoder. Tho snlt, he said, was dlstnlK; becauso of the wrltten dlafclnimer thc publlshing company. Three da ho i ttd, after instltutlng the suit received -"odefs apology, to Which repllcd. Both letters were afterwai pUblished l.y Yoder. Hc adtnitt however. that he had suld?ln hla 1 ter to Yoder tnat there Wero ntl and moro objoctlonable atatcments a charges, but ho citc,i them as ot defamatory coinmcnts and criticist Hc said that ho read only part of t letters to the IU-v. Tilden Scherer wh Ihe latter telephoncd to hlm Sundi but that lie told .Mr. Scherer that Waa only reading a part. Mr. Meredlth read Yoder's rcp brlnglng out that Mr. ula?.-. had Bi tliere were statements more objectlo lible to hlm which had not been I ri!,.!,-,! ln the basla for a suit, t which Mr. Gla.ss :hou_ht wero or eomments. "Walt a moment." said Mr. Smith. the witness waa about to leavj t stand. "Was that suit witiidrawn t cause you were afraid?" "Of courso not, sir," rcplied J! Glass. and without further word left the stand to return home. Ile w nccoinpanled by Jack Lee. who ln represented hlm when tbc suit w Institutcd Yoder Hrcallcd to Staud. Yoder waa agaln pui on the stai for a few mlnutea, and it wa., pcrhai hls Inainuation agalnst James u. Go ? lon. father of Poli. a Coramlsaion, Gordon, which more than anything eli turned the tidc of opinlon agalnst hh Hta staternent had to do with tiie fa, that one of the houses on Elghth Strc, Which had been questloned was owne by thc "vVhitlock estate. though he ha , not verified it when the urticlo wc wrltten. Asked repeatedly for hls ir fcrenco from this piece of informatioi rte retused to say, but It seemed to b generally understpod. "I am glad you brought that out, said Mr. Smith. "Wo want everythlnj to come out. Have you anything mor to Bay? AVo want you to have Justlct und wc won't deny you a chance. 'We'! let down the bars." But Yoder had not another word. Mr. Gordon's staternent when he wen on the stand wa? v,<ry slmple, but pf fectlvc. He di<I not deny that th, place In qucstlon was a part of thi Whltlock cstate, saylng that it hat been bought about four years ago when it was rented to some wotnai who had disagrded wlth her husband Ile knew abaolutely nothing about her and. so far as he know, jdie still rcnteil it. for eharge of the place had been placed ln the bands of a real cstate agent, and he had not kept up with the rontlng. Hc had never known that it had been iutlmuted that Yoder's Insln uatlon could have had foundatlon, nnd if hc had known the clfcumstahcea hc .would not have permitted it. That conciuded the taklng of ovl? dence. and In a plain,"clear voico Judgo Harrlson read tlio instructions to the jury. At the request of Mr. Meredlth the court told thc jury that It must dis regard in conalderlng its verdlct ull newspaper dlacusslona of thc caai. Argument* nettlu. Uhen the eloquence, the argument, tho lashings of scorn, volcad cpnternpt, subtle reasonlng and pleaa for mercy began to pour about the prisoher be hind the bar and over the room, tbronged from end to end with curlous, eagor spoctntors. Murray M. McGuIre, cf tha prosecutlon, opened. "Tho case." ho said, "ls onc of tlio Commonwealth, of tho citizons, and you must conaider it a gravc rnattcr. lt is not any ordlnary case of mls demcanor, nor an ordinary criminal caso. Hero you havo a man e'tiu cated ln a collego in your own city. From horc ho went to Lynchburg and cngaged in the publlshing of a pam? phlet, in which lie called Judgo Chris? tian a sot and ongaged ln other vi titperatlon. Thop hc returned to Rich? mond aud engagea with J. Marshall Atklnson to help the latter rocover Justlce for what lio called a 'dlrty deal.' "We must flnd a niotivo behind this work; wo must establish some reason for all thls wild outburst of vlllfl catlon. He comes hero under heavy flnanqial obllgatlons to Atklnson, und bogins an attack on tho police, iho Police and tho Hutstings Courts. Ilo says, practlcally, that. Judgo Wittgavo a dlrty deal to tho man who was cbnvicted In thls court of selling liquor to n. girl. Ho livcd und boardod wlth 'Atklnson. publishhlg hls sermons, ?!_ r.llng sermonctlcs 'for tbe common good.' Ho has shown tho falsity of Sufferers, U-ani nf Muilluvia! If you linvp Ttlietimatlam or l.Idnoy. DIbciisc, send to-day frir book tliat tella or tlio rauioua Mud Uaths tliat havo cured thouaands. Itljj Iiotol?onnn nll. yepr. Addrces ii. B. ? iUt.UHSR, Pics., -Cramor, Ind. - 2_ on of wlfo It ls 1 for! in ia] I atik- J thelri trial,; "oder a of con n of thc B.-lhl tlme hree .? to tion by ilge xler on Po tho itcd Home (,r i,is charges, but hns ho mado any correetlon? i[o 1ms ben re.clv Ing hlit Itlformntlon from ,1. Mimdiall Atkinson?fltlch n mafll And what havo we? Ilcfcrs lo OiilrnKetl ('nnuuiiiilty, "We have at last nn outrage_ cotn munlty, outfagfetf cltlzens, and _ man ln I'ollco Court on a crlmlhai chargu. And thls man comes now und takea refiigc behlnd what ho cails a privi Icgod communicatlon, nnd dates stiii 16 tirgo thut hls bnso chargen aro true. Ills friend, Atkinson, toils hlm that condltioiiM aro ro.tt.pA here; that. Ild can como hero and accomplish much good, incldcntully rnaklng a little rrt-ro money." Mr. McOufre ruiotci nnd cxplalned 'rom the Instruetions, und f;.i(j thu tho jury must believe Yoder gufltj ncyond nll reasonable doubt. "I3tit nren't you satlsfled?" he added ?"oesn't thls man go beyond prlvl legeo communlcatIon7 Docb not hfs jtrtlclo tend to prdyoko to- vlblertco, bl? pampnleiH publlshed 'anywhcil, any where and anyhow'? II,. hrgln l'i'bli?hltig as soon ns he comes here. and lt does not tako hlm lohg to begln vliifying tnMe gontlemen/' holntln? ? the p.-oi-ecutors. ?_?,, what ls ho doing it for? Dld lm. Inoulre gr???y-'?to Mie fact,, __ Ho |&ffi to lavo done, or wa_ mero rumor and vaguo susplclon enough for l.lmv Wh,.n he charges that the eourts aro eor? rupt and thal certaln rcsorta pay for ZPKSMthat r;,cr* '"^"W ui^ou^firt^ r? :t:M; \t..ii . . . . "" ' (me oi the M.'. loy tri.ii, h-twee? Manning Oordon and Crutchfield: _?,? ??, %Yno?s? havo provetl to you ?iat ther a conversatlon." tion* T^Tl ,aSa,n '""" tlle '""triie. to, ,, '""'-' l,,em' ,""1 ?ald tliey told tho jUry that a newspaper wr ter fcen. as to Yoder's charge that thcrc as a eorrupt aliiance betweeri tho Police Department a.?i vice. hfl' ?3_ that he jury had hear,, deflnlttms InS fh? C<sp_lt,on ?-* ?>o word. nc ."lv t ,:?: "eorrupt" occupled cvnl.inin_? i. , '" ?f arS?"nent In S;" &. ?!*?* "'? "-nlng Pended mueh ?%? ch_r_. ??*** Proof ?r Vodcr'A. Mollcc tho Jury- _,__?<?i:-lro J-?'?'-'?u Into ^^thr^e-'ine^S aca"^ ,!?._?, m "l0ney basa an" bl>"d.s of nrev iiSfpSS said ?/ t " .'.'f, hem' -MaHoe he hearrlm i rt ,,earln?. when he fiolt *ann,"?. Gordon and Crutch? field categorlcally deny hla ehanres 5V?.ter?ted that they were uu? ovr ?, a3csprcud th,a ?Jofamatlon all bloL ? ^tat<"'- n*ak'"*K it appear not I'T ."T lD r-lc---"'----<- there ls not a slngle honest ofllclal." on thlM^.U.lr? arKUcd at more length '_r ?*Vn_tr_?t,on* and then restcd ?,_... .' Patt?*?on to take up the argument in Yoder's defense ilr. Patteson delivered mo"st of his argument on thc tnstructlons, cspiain ?s them lucdly to the jury'. .^'".h j that they instructed the jury that '? every ^nateriul fact must be included i in detcrmliiing thc- guilt or lnnocer.ee ! of the prisoner. that they must bc love heyond every reasonable doubt that *ioder wrote with rualicious in-I tent a_alnat these men to find hlm I euilty. He said that it could not ho ? ?ihown that hla cllent bore personal I ?Pite or III will against them. that : the only evldenco along thls line was collateral, in that lt merely showed Y< th TI on wl of fei m< foi SMITH MERCILESS IN HANDLING YODER When Harry Smlth opened as aecon_ ln Unu for the prosecuttoln tnere ?tu a liush for tiie expeeted storm. "it is well," he oegari, -for the jury to unuerstand my connectlon wlth this tnai tnat ttiey may not placo unauo iraportancQ on my argument or upon any criticisms of thls man I may venture." He had been britlcized ln Police Court by .Mr. Meredlth tor representlng, as Mr. Meredlth charged personal intercsts. "I do not deny that these men are my warm personal frlends; tliat two of them have been my frlends for more than a quarter of a ccnturv l mako no denlal that these publlcatlons ' baye fllled my aouid with indlgnatlon. .Their demeanor under theso trvln clrcumBtances have strengthened my admiration for them and havo tl'ght enerl our bonds ot friendship. "We did not start thls case. We diil not bring lt into court. That man at tl^e bar," he thundered. "throw Si1!8 ?W ?f ^ttle. It ha, boen , ;,V-e?,lCd'. ,Ier<s '? *"e lield, and here | are tho judges. Thls noblo lCnlght of tho Round Table of tho Park Ho el/ , he hurled at the jury, "is here without even hla red.oubtable .sexufre, \?_ h a_ thrown down hls colors and 'in'glo ! riously flcd tho field. ' ar'oVs?~ihi ?pectacle H'at mlght well niouse the community, that lio has been so carly unhorsed in tho feSt hk_ ?f,m"St bC "Wctsberod that he has left ? many a sad SCar, many a wound that must now be rookoned h-'.'PS onIy *_?'u?0 fl"' this man's un brlcled scurrllity is that there is such a dlstrlct as hc has described, and lhat thaV .ne,tMernen "ro lesP?nsible, and that. in thls respect, his article was lustifiod. But that is no exiuso for hls unwarranted attacks; it is no ov cuso. for hlm to. go unpunislicd. The Pollce Justicc was not responalble, and Ss;vnL:'ovcr a wh,t 0t 0V1J? Mielied Cournge of Convlcllous. Ihcro wan n0 ovidence agalnst tho Other two. lf this man had been able to provo his base charges, If ho f__ tho courago of his convlctlons, then we mlght havo had some syippathy for hlm. But ho has dodgod the lasiio. He attompts to hhlo now behlnd tho Umitad construction of tho nioahlh_ of hls woVda. He hus not tho courago of his convlctlons." ilo cited Yoder's llbolous articlo on "Pollco Court crookednoss." to show that Justlce Crutchfleld was lncluded 1, tho"gen eral eharge hy Yodor's own tcstlmony tliat tho wrltor's ineaning oould bo soon by reading tho article. "You ran have no doubt," ho went on. "what ho meant by tlio word 'cor? rupt. by what ho meant when ho spoke of the combination of Leaman. Munntng, Gordon and Crutchfiold. But m 1ms convletocl hiniself by say ing hat Boaman wont through tho dlstrlot to colleot money,' and thero is not a nan on tho jury who knows Air. Bca nan wlio would bclievo this 4iaso 'Iiargo. ile ehargos that Mr. Loaman Rd this base thlng, and then was in "As good as Knox * 13 the best thingadealer can saj about a hat. Knox Hafs are the standard by which all other hats ar, judged. Gans-Rady Company a connccting between Yoder and o ?ther, I'rcciloiu of I'ress, He dWOlt at length on that cl.it ln thc InstrUctlons which recognl; the freedum of the press and tho fn doni of speech ln dlseusslng pub acts of publlc ofllcers. Much strcss laid on tho freedotn granted under t rccognltlon of the "prlvlleged coi iiunlcatlon," argulng that Yoder h not triiiiKgre_.sed hls right. "Ho has shown you." he said, " lhe ovldcnco that he hnd knowled that such a district as has been il icribed OXlsted. and was establlsh 3y and undcr the consent of tho I'oli 3oard, and the Inferonce that the pia vas protected was not overdrawn ixaggcrated. hc knew that lt was ?iolatlon of the law, but ho had i icrsonal splte against any of tho oil lals ln dcclalming against tho'wrong .Mr. Patteson said that Yoder drc . reasonable lnference in hls repo t the Malloy triad. And he said thi ven lf the tnferenco had been wron t dld not show tho accused gullty ui ;ss lt can bo proved that ho wc f tlie Malloy trial. And ho said th* hero had been no evidenco that tl. ccuscd had any personal 111-wlll r plto agalnst the threo men sittin galnst hlm. lf lt can be proved that tho Mallo ouSe was not broken up, when It ha een descrlbed as one of the wors laces In thc clty, he argucd, then i )uld be lnferred that it was uude -otectlon. He said that newspaper hlch puhllsh artlcles proved after ards to be untrue couid not be pun hed unlcss lt were shown that thc; cre lnspired by a mallclous uiotlve.' Ile said that lt was a fair Infercnc > concludc that as certain house; ere not broken up, there was a .orrupt aliiance." The result of thi jbllcatlon was to show that the l'o. ce Commlssloners vlolated the law 'X ls admitted," ho said, "that thi ollee Commlssloners establlshed : strlct on their own responslblllty lat their policy was not to obey tht w, but to go outside the law. in vio tion of their oaths of offlce. Anc Yoder's charge of a eorrupt alll ice the meanlng goes no farther that: t lt may be construed as to thl^ cognitlon of the dlstrlct." The defensc was baslng all Its ar lment on the thebry that Yoder was tuated by mallce ln none of hl? ticlcs; that even if the statements ere untrue it could not be shown that >der borc- iu wlll against any of oso whom he charged with crime, le-^prosecutlon based its argument thc theory that Yoder's connectlon th Atkinson was in Itself a proof malice, and that Yoder was a pro ?sional despoller of character and tdc hls llvlng by selling reputatlon, r a song. H I a corrupt alllanee with theso other | gontlemen. Has he offered one iota ho conv[nol.ei,UIemen ?f U'e ^ Haa at ,n int ,?"e n,an with'n the sound ot my voice? Not one. Thi? charsre w'arraa,Ueda-nC,eSS' **, CPUel ?* ** ?! warranted as any of the others which his pious soul has caused him to bring. become r./ b,' iV'0 Way' wha? hf_ become of Marshall Atkinson; why he ls not hero to-day |? defen.se of h ? hous fr.en.1? I suppose Yoder could hae had Atkinson here on the stand. but I reckon that Marshall, Esqulre 7i?? ,a?v VCI'.y ai,x,ous to S? ?n he stand. .ou have not seen him hero during this trial. have you? "Yoder now wants to modify his language. Yet lio has wrltten that if you stole a house and had plenty of money you could got off scot-freo in thc Police Court. "That throws somo light on his meaning of the word 'corrupt.' Now ho says he didn't mean they wero dis honest and perverted. those men to whom ho has devotcd so much space. Printed Only Cream.' "But ho mado each succeeding arti? clo a little stronger, if no ono ap proached him. Ho was feellng his way. He says his sales will steadily mcroase. Ho tell3 you ho is prlnting cream. prlnting the things that the dally pross would not dare to print He is even funny sometimos. yet he oomes here now to hldo hehind a ques-I .1011 mark, forsooth; that contempti-l Jlc rcfugo of thc man who Is afraid He has said that ho could prove his' shawres, but ho has never given out he names of his Informants, the name, >f tho six offlcers from whom he said ic got hls information about Griffin. 3ut he hicles hohind tho qttestion! nark and anonymous informants. Wo' hrew down tho bars to let hlm prove, ?very assertion. -We allowcd him | very opportunity to prove tho truth 'f Iils damnablo charges. And what ias lio done? Ho has questloned the ntegrlty of tho courts and of theso hree mon. i can thlnk of nothing aoro contemptlblo than for n njan to \ ecome a pollco conimlssioner and then , ake money to elect n man on the li orce. But has ho proved thls? "Ho publlshes that ho has now dis overod g-raft In tho granting of liquor conses. if ho had confined iils at- o tck on the dlstrlct he has mentlonod | a o often, ho could not have been con- n Icted of crlmlnal libol. But lio has n ono further. Ho purposely exculpatos I \ ly worthy and lifo-long frlend, Davy h ichnrdsoti, but includes in hls do- w imntory articles thoso oomnilsslonors t t tho ones responsiblo. He says ho t; josii't oven Ineludo Mayor Rlchard- II in on tho suino moral piano with o anning, Gordon and Crutohflold. Now n hat does ho mean? Iu hls attack on I! idgo Wltt what doos ho imply Ho a ys, 'Wo havo carofiRiy invostigntod a oso roports and llnd'them truo. Thoy pi .Int at tho courts themselves ns full corruptlon and hrihory.' Ho intl itos that Judgo WItt got part of tho d< foes, nnd ln flod'.-. immo on what d hu busc hls chafgbs?" r.niVJ-tTN (Hlll Uer IIWPH. ^ii: .Smlth then roferretl to Yoder attuck on tho lawyers he allegcd wer cniployeil by barkor.per,, t,, help thoi gei th.-lr lleonsos, ,,l|r| ,..,., ((lt .,,, .-'h.-irges that the lawyer:, got mon.) and pnld part of thclr r,.?.s ,? ,,, court, ,.,.,1 when r asked 3,1,,. for hl proof_ and for hls soureo of informa lOn, ho gavo me none." ]jn explalnei to.lho jury how lt *?, perfootly ? ilblo and pcrfectly legltimate fo,- - barkoopor to employ ,-, lawyer ln sucl matter, as the hu hln, to Hnd what. th, nclghborhood thbughl Ond one other thlngs i ?r couid liel] people iu th. 11,1 thc hundret 1 which u law? yer couhi adylso .-,,, appllcant, ile dlscussci Yoder's charues thnt Pollcenmn Moody had beon ,n m\ ?' from the rOrcd as the result oi" ? "nui-iip job." "Thls charge," ?ald \tr Smlth, "had beon totallv ' dlV?r,?.'.,i and thunk G.j.1 tho tlin'e has com? when such a man ns Moody cannot remaln on th0 police force, and that theso conditions aro due ln greal part to theso two young men whom Yoder has oharged to bc crooked. "And look at Yoder. 1/.. [g u,al;on itig nmv because ho faces -. |ait ? w_t? tS? 1S h'.d,"K _?hli,d ,,ls "ttlo walls, but w,: have hlm oui |n the ght where all can seo him and know tho man he la. ilo rubhed Chris Man? ning s name from hls ilttu- book- yes and he got all the guosts |n tho'park ?ole to help rub tho name out; ho called on all hls friend,. Yet he comes to you and tc-lls you lhat j. Marshall. ^squire, didn't have anything to do with ili.it rcllglous littlc pamphlol Hc ?'??tlll belleves that his friend Atkinson Rotj, -rotten deal/ when tho evidence ? thal a young glrl got beastly drunk n the Park Hotel. And they Import tnts man from Lynchburg t.> uttack the eourts and the 'maliolous' Pollco Department ile comes down here filled I with Atkinson's bllious pills, with tho I luea th.-it hls noblc esqUlr0 Kot a 'rot-3 ten'. deal, and bcglns hl? charges as a knlght come down from tho pulplt. >hii]ilrrcd Even llie Mriyor, "Ho oponly charges that the Mayor 's undcr obligations to these dlves he j mentlons. Great Ood! gentlemen, how could any one believe lt? How could ' any one believe stioh a thinjr of Davy RIehardson? And yet'he says ho had I no mallee." Mr. Smlth went Into hls proof of Yoder's malice In brlnging such charges, strengthenlng hls proof by ?Yoder's constant rclteration that the charges were true, that tho Tollce De? partment Is "eorrupt from ccntre to clrcumference." "When he publlshed hls extract from tho Ktate Constltution he purposely left out the exceptlons laid down for police and firemen?thls man who ls so fair, thls man who is so aceurate. And yet ho bears no malice In hls heart. Suppose thc commlssloners do use these passes, can you say that it ls a rotten Police Board. eorrupt and capable of bribery? Hero is his intl mation that they are bribed by women. by gamblers, by the Chemical Com? pany., by the street ear company. He cau't asslgn a worthy motive ln al MEREDITH GAMELY FIGHTS FOR YODER As Mr. Smith ended, the hush re- hanglng round the courts getting li mained over the courtroom. Yoder. censes for barkeepers until it was tho had put on an air of supreme indlffcr-l talk of tho town? They have taken cnce, sat as if he were absolutely refugo belilnd the big character of recllning back in his chair. But 1 awoke In time to lurn the pagcs of h pamphlet* and of the instructions : his attorneys needed them. Ho wou turn a page, a'nd then go back to slee slcop and turn a page. turn a paj and sleep. But he awoko to thc rca Ry when his attorney, Mr. Meredlt began. Court adjourned for dinnor whe Harry Smith concluded his arralgi ment, and Mr. Meredlth closed for tl defcnse in the afternoon. "It is my duty," began Mr. Men ditft, "to present the case fairly ar without venom. If tliere Intervcne hi tween justicc and prlvato intercsts tl rights of a man, let them intcrver. nriw. f know of no such caso 1 which tho gamut of villflcatlon ha run to such a length. All the wore of bltterness, of vituperation hav been hurled at hlm by counsel for th prosecution. And whero has thei been the need of thls prlvato counsel Would not the Commonwealth hav done its duty? is R not a Commor wealth s case. and have you not her an attorney representlng tho Common wealth. Y\e ask only that the law b simply and wisely enforced. But the have attemptcd to move you b- ever; means in their power. They havo at temptcd to move you unfavorably t my cllent. J "They have other remedy to stio fo libel. ls it simply that Manning an. Gordon should get the vlndlcatton tlie^ want. or that thc laws should bc vin dicatecl? i ask you not that you ad mln ster the law as they want it, bul as it should be adminlstererl falrK and impartially, without. proj.alco oi bias. I hopo only that Mr. Folke< will follow tho wisc and just course \ot n Prlvnte Flght. "It is not a prlvate right. n i? as Important a caso us cver came before the court, because of the effect on the future of tho State. You may ?;ecognize tho influonco it will beat when you hear that on0 of the instruc? tions shows that the press is tho only moans by which the acts of public oilicers may be disoussed. It is the only means by Avhich wo may got in? formation. -lt is the only means by which bad men in ofllco may be pointed out so that tho citlzens may relievc them? selves. They have tried to make you bring in as harsli a verdlct as can he illowed under tho law. But I am not SOing to ask for a mild verdlct I isk simply for aoqulttal. Thls is a lucstlon of the froftdom of the press, md it is for you now to niark out a ino of. oonduct by which tho nows iapers can go. For you,- decision Will stablish a precedont. "If you fail of acquittal, u Will mean Imply tliat men ln office can do what hey chooso, and the nowspapors can o nothing unless thoy take lho risk t suit for libel. You know as woll as do that there aro thousands of thlngs ono in this city Which should not he one, but they ask you simply to givo warning to the press. "If I show you lio mado a mlstake can provo it wus simply by the act>i f others. If I show that though thoso Uogod acts mlght not havo boen oom litted but that tho conduct of theso len warrantcd tlio Infercnco of Mr oder, then what wll] you do? They ave nrgued as 'f tho burden of proof us upon us. But I will explain to you io law ln thc caso. You aro told to ,ko into consideratlon other alleged bols, but havo they pvoybd on, .her libel, except that a_ to Polico an Grlffin?" lio told tho jm-y that must pousldor ovory ma'terhil fact id thut lt must prosutno tho prisonor . tho bar lnnooent until ho was ?ovon gullty. Illtle llelilnd IlaacMt Mnn. "Why," lie deniandeil, "dldn't thov ?y that theso ktwyers havo )JCOn Ill lllfl ... loninlii | ,,' ."? ", ?^,""I:,-V- "? t'll? "? man may ' ,|rlMl'- '?? Ih purely a soolotOgleoi , '''" '[""? it has been lhe euStOIti from ?.'""" mjikttlorliL V-i ho chHi-ges th'il , '..'..ciMciy |,|Khor u?- ls rnsponslble, Mo l)r to you malodoroiia storles, but. "i" i? nothlng half so offonslvo to thc ?.,.,, cs of the comm.Untty ns tho ?-iilnk ralsed by thls man." 1J0 quotod ""in Tonnyson tho "Idyls of lhe King," which refers to ono taking u|. tlu loathly piumo to bosmirch the falr name ur another. Olic KUur.ieeliil Act. "My hi.iod boiis when i thlnk ho broughi Douglas Oordon's father Into court; he who hns liv.d hero for thir? ty years, whllo thl_ man has HVed hero a biiie half-yenr, u. makes me. boil to thlnk thnt thls mun c.-.-isi susplclon 'ipon .i mah who has lived blamelcss in thls community, who Is known and honored of you all; that he brought agalnsl James u. Oordon IiIh tioop gralncd m.-illce. "And thls man has Publlshed far nd near that Manning la a erook; that Lii'ugltia C Wltt Is a gi a rotten hole then, thal thr read these I. mny never 1 is n erook; thai Judgo er; thal Richmond Is Vnd I l.-ll you, ?. utlc srl">" .Ple who have and baseless ehargoi ? tlu* vordlct iu this case. When thls man leaves ho im.y go elScwhere, carrying his little book, and say before other jurles, |n othr-r cllmes, what he has said here to-day, He as ho has lled about Congressman Class. Ile may go, lakin^ the scalps of hls vlctlms bound ln hla mtle book to toll a few more Hea as ho 1ms told before you. IIopliiR (d l.xca'pe, "Thls man. who preaches thc love "f Ood for n.an. the love ,,r man for man, now says hc has no ili wlll agalnst Tiougias Oordton and Chris Manning, and clalms that ho admlfes I them. Ah, yes. He Is now on trln! Perhaps he thlnks lt mny lesscn hls punlshment. "I trust. gentlemen, that the ver? dlct mny bc such that wo may never again expecf theso slzzllpg serrrion ettes. It is a matter of the falr name ot* the clty, of all the cltlzens. J.et it go forth that. the charges are not truc. He has cntercd tho temples of Justice, nnd has attaekc-d tho fnlr name of tho bllnd gotidess of fustlce Ho has attneked her vlrtuo and her integrlty, but now ho will foel the. sharp tooth of her Jtistlce and her mercy. "Ali, gentlemen. when they plead for mercy, show hlm sucj, niercy as he showed to Justice Crutchfield. Show hlm such mercy ns ho showed to Douglas Gordon. show him such mercy as he showed to Chris Manning. Show hlm such mercy as he has shown that old man?nnd ho wlll pardon me for calllng hlm an old man (.lamcs R Gordon)?-who has given so much of his llfo and work to tho State. Show him such mercy as he has shown to Judge Wltt and to his famlly; aye, gentlemen, show hlm such niercy. Yeji, gentlemen, be more merciful, bo more nerclful, if you can, that that." w. wi MARSHALL ATKINSON ROASTED BY FOLKES Th. argument was concluded b Commonwealth's Attorney Folkes, o tiio prosccutlon. "lt is not." he said, " a caso of Man ning and Gordon agalnst tho accused A but u caso of tlio Cominonwealtl >_ agalnst tne prisoner at tho bar. Ther ic I have been few cases of criminal libe le brought into court, for crlmlnal libe n generally ends in homlcides, and witl 3I these alanderoua attacks the homiclde; j . | contltnio to multlply. As to Mr. More 8 dlth's argument agalnst the omploy oj ment of prlvate counsel in this case ie|l will say that the public presecutot ?e has the right to havo prlvato uoun.se' p under the law, which speclficall. ,'\ states that it is not a proper subject e tor animadverslon or of harsh criti i-lolsm." Ile quoted the law on tho sub e jcrt. , v "Theso mon havo boen held up tc contempt and to public scorn. But when they read tho llbol thoy did not 5 tako tho law into their own hands. y They havo come into this court clear - j of such a eharge, and thoy havo let 0 the law lake Its course. The Immortai part of man is that which he gets at his mother's knee?hls roputation. And ' tho immortai part of those men has 1 been attacked, laid open. Tlio wounds >? I havo been left open tor continual . smarts from this cruel attack, and thoy . had a right to come into court and t bring counsel wlth them. "But the Commonwealth is Interested bcyond their prlvate Interests, nnd let ' ; me reniinil you that thls court has been i ; defamed, that tho judgo has been vll . KU-d and that justlce has boen made | a mpekery by the t'otil slandcr of this mans pen." He paid a high eoniplimont lo Jus ' | tice Crutchfleld and to Judgo Witt "lt . is true." ho said, "that thoso houses aro here. ln violation of the law and . nuiylio thoy exlst in other citles' too But you cannot tako 'hat n_ mean Ing I that those mon wero corrupt. Where I does Justlce Crutchfleld come in? Ho has been on tho bencli twonty-one years and has never been charged with bolng corrupt beforo." Ile exhibitod the. famous cartoon in proof that Yoder meant corrupt "ln lts GLASS-YODER LETTERS | The following letters were placed i ovidcnco yesterday in tho trial c Adon a. Yoder by Congressman Carte Glass. who was summoned here as witness for tlic Commonwealth Mr. cartor Glass, Uditor of thc Newf Clty; Dear Sir,?In view of tho ovents o th, ._st few days in rofbronco to thi idea, tho conteiils of which, as odi tor and publlsher, I am sololy rospon slblo tor, 1 doom R my duty both to you and tho J. P. Bell Company to make thls statement, which I trust you will pubiish in Iho News. In the first placo, 1 hasten to say that l made a mistake iu a state? ment I made iu tho idea, tho im portunco of whloh ln its bearliig on thu qtiestlon involved 1 did not seo untll thc last few hours, pr lt WOlthl have had my attolltlou oarlier. I saw on tlio morning that tho paper ap? pearcd that l had orred ln statiug that yim wero _ niombor of tlio Cotinoll. bill I did not roallze then that tho facl ot your being clerk Instead of au oleqted membor allored tho sltuatlon. I now se,- that ii puts ap cntlroly dlf loreiil llght ou the subject, und l tru.si tliat im niuii shall bo qitlokor und moro thorough ln hls rotractlon aftor ho lias found out liis error than 1. Iu my altonipt lo at'OUSO soutliuont for a moro publlc-splrlted paper I j .l.cl.r.. Wltt, bUt they dld nol say I . ii was bedauso ot tho aotiona ?r . Inl.i lawycrs lhat llio judgo i.f , f._ustlnga Court was bolng rofle. [ upon. "ItftVO thoy di.proved tho tact tho Vlrglnla-Corollna Chomieai c pany b sendlng out a fout smoko over town'.' All of you Imve hiiu it. The charge wus not. agaltlst .in Wltt, a.-i tl-..-.- would have y,,i, bell but agalnst the lawydrs mentlon >.\v. Meredlth presented the prl plca of law a.-, they bOro on the I'cnsc as to .h.iil.l of the gullt nf prisonor und us to tho rlghts ut priess. "if ti.ey .io not prove malice," snlti, "then I must ask for a ver of UCqulttal. 1 feel my situatlon. am not represontlng a prominent c /.en," he said, almost pltlfully. ''I (lefendlng a man who is a stran to you all, I prcstlmc. It. ls so nati ln thc human system to stlck by th he knows aud tn cost Off tllO Othcrs 1:; .-(, hard to throw off the feel for a friend, or the bonds of 113 pathy, Thc.v appeal to you for n friends' sakc. 1 appeal to you for 1 st'rarrger. How often ls lt said t a mon may be sent to Jnil for stenl a loaf, nnd yet tho sugar trust stolen $2,000,000 In cash. "I want to know," ho eonllni "where tho connectlon with Atkin snnio from, except by Y'odcr'H proi admlssion. Sliall you say that oause Atkinson had niallco ln heart, Yoder also born niallco aga theso men? Where do you get y proof from. except from thls m And have you never heard of one mt belng the eat's-paw of another? ' aro asked to vi.oldte your very oa In prcsuinlng this man gullty. TI. you anything except tho proof of klnsbn's malice? An.i I want to s gentlemen," he said. turnlng to 1 eounsel for ihe prosecutlon, "that I do not go hy the law I want to Inlerrupted, to show mo where tl man carried out Atkihson's malh Thcrc has bccn no fact introduced show that Atkinson had any directii ln tho gov-rulng of the policy of th paper. <i .1. vlh.i. of Knel. "No matter how wo may vlew the: IOUSC5," ho chargod, "that. doosn't ei er 'into the <|iiestIon. Tho (iiiosttc ', dld thesf. men vlolato tho law,? Tl lajorlty of people do not believe ?gregatlon, and they havo put lt c 10 statuto books. "We find c.fflcers. the men who ar ir guardlans nlght and day, con >nlng this evll. Could we segregat lunterfeiters or thlevosi and say t icm hero you mny vlolute the la*.*. it ei?ewhere you must not transgress nd If wc permlt a violatlon of th w in one section, ls that not a cor ipt aliiance? An agreeriicnt betwee: rtajn houses and the ofllcers of th w that the houses will bo protect l ls a . orrupt alllanoe." He went Into tho defltiltion of tlv ord eorrupt." saying that its mean K must be ilctcrmliicd by its use an, unectlon. and that it does not al iys necessarily imply bribery. n, ok up the Malloy ease, nnd shurp arraigncd Justice Crutchfield foi 't golng into it further. when Un Idenco in court showed that tw< mieii got. drinks there. He blastet tho evldenco brought against Yoder ylng that Commissioner Mannin" is the only man who gavo direct idence thut tho alleged conversa .n did not occur, and that the evl nce of tho other wlmesses was not to what they saw, but as to what ey didn t see. Mr. Meredlth made an eloquent plea, y many were surprised at tho enKth of hls line of argument. Hu down rather weariodlv. worst sense when he rcfcrred to tln courts and Police Department. "It Is unfortunate." he went on. "thai Mr. I.eainan had no right under ihi law to deny the rumor that Yodor has uttered agalnst him." and ho stopped a moment to make asscftlon of Ben man's innoccncc of tho vlin eharge. He relerrcd ag.iin to the Atkinson connec? tlon. aud lhat gentleman got a few more raps at hls character aa a man who sold liquor to a girl and then brought a man to Richmond to rcform conditions. lie defended agaln thc judges agalnst the attacks on them, and said: "Has Yoder over published that he discov ered Judge Wltt to be a clean man?" II" denied that the threo prosecutors should havo gorio Into the civil courts for justlce, as Mr. Meredlth had said, and lor damuges. t "Why thls man owes the man wlio brought hlm hero $G00. and you tulk I of sulng him. Suo hlm for what? How many llbel_ do you supposo can be paid I for? It is rldiculous. Yet ho tells you | lhat theso men should go to another court." He said that ucts of public offlcers may bo dlsctiBsed, but that thoy could not bo charged with crlmo unless there was proof "Convict this mar.," ho arguad, "whether he be frlend or foo. He caine here at tho Invltatlnti of a disreputnblo barkeeper, who sold liquor to a little girl. Vou cannot rebetvo hlm as a rc fornicr. Try him ns a man who sells i-cpuiutions tor a song, who makes hls llving by blastlng thc characters of ! others. Can a llbeler conio hero to say what the courts shall decido? 'Mt is timo to put a stop tn tlils slander. Tho caso is establislied bo , yoiul a reasonable doubt. Make tlils I dealer in reputattons responslble, and 1 deter others from slander upon tho I mon they hate?upon tholr encmies. Remcmher, tlio reputatlon ot a man ls iho bost 'part of hlm." j Tlio argument wus onded, and ; Yoder sat waiting. Tho jury was or I dered out. after a few minutcs' d.lay , In getting the instructlons ready for thom, and at a few minutes to 8 O'clock Yoder had heard his setUenee. and a short timo later was onterlng jall. 'lio was sloeping thero at 2 l o'clock this morning. felt that lt was my duty to oxposo tho publi. acts of publlc servanta who were stlll holdlng publlo offlces if those publlc aets were wrong, and if by exposlng thein I could acoompllsh a beneflcent purposo. Had i reallzed ivhen I wroto that you were nut a votlng member of tho Councll and wero in no way rosponslblb for tho acts of that body, i, of course. would not havo wrltten that irtlcle, und I tako this I meaiis to assure you that it gives mo pleasuro. taintod only by tho regret tlmt I have dono you an in justice, to mako not only this arnends lor what ever orrors or inistal.es l have mude but to mako ou any and overy occasion TRIED REMEC FOR THE QRI IOd, son | npt ;,."lj11'- acknowlcdgment of tho same bc- occaslon may offer. hls L1" uho, ?ccon_ r'la<-'''' 'he prln _._t "ave had to suffor becauso I failcd "??? o ,!!,y "arae;aa c'utor undpubllsl '?? t_m , Mf-B**?- Although I did , tei.pt to havo a cortain ulr of secrt 'OMcernlng the authorshlp of the Id fh r never once thought of maklng It concealed (hat any onc would ha "! i anv troublo whateve. In asccrtainl " lirYr: '_'>?-! told a? ,?a?y 1JC0 iy-.jnbo.it it beforo lt appearcd t"hat"_ ho fore had received half thu eopl lf from the prlntcr on tiie day it can - out, nearly evoryhody wlio read I knew that I was tlte editor, where 'thero was not tho sllghtest attcm to conceal the fact that 1 was tl publlsher. My solo reason for any sccrecy : all was tho samo reason that pronip any wrltor to adopt a nom do plum natriely. modesty. Further, thc no: ? Ic plumc that I uscd in connectlo with tlic vcrao ln the number of th Idea rcfcrred to is tho same that uscd on many occaslons in tho past 1 tho News and in the Rlchmond paper; May X stato further that not on member of tho flrm. the J. p. Bol Company, knew what the siibj*c matter ot tho Idea was untll it wa out. Mr. Dulaney, who prlccd th prlnting to mo, findlng tliat I wa very parttculur as to thc klnds o Ink and paper to bo uscd. and belni very busy hlmaolf, dlroctcd me to g, direct to the foremen of tho diffcren dopartrnents, and the Idea was boum before -Mr. Dulaney read it. It ha: been suggestcd that the contents o thls letter could ho uscd against nu to advantogo In a suit or otherwise I want it known that no fcar of con sequonccs wll. reatrain mc from doing my duty to one to whom I have dout an hijustice. Respectfully. ADON A. YODER. Mr. CliiMn to Yodor. Houso of Representatives, Washington. July 20, 1906. Mr. Adon A. Yoder, Lynchburg, Va.: Sir,?I have your letter ot thc t"tl Instant, retractlng, rcgrctting and ad mittlns tho injusttce of certaln of thi offensive personal rcfarences to m, made ln au anonymou. pamphlet issuci from the p.essea of thc J. P. Bell Com? pany. of this city, tho authorshlp ol Which pamphlet you aeknowledge. I noto your request tliat I publish in tiie News your withdrawal of the eharge made in tlio pamphlet concern? ing a buslness transaction in which [ was engaged elght years ago, and your attempted exonoration of thc J. P. Bell Company from culpabillty in tho premises. Respoiiding specifically to these polnts of your letter, I have to say that tho eharge you retract and for | which you offer to apologizo publicly is not by any means tho only or most objectionablo misrepresentatlon con? cerning mo containod in thc pamphlet. I You have charged in terms that I am "contiolled by the Bynchburg Traclluti aud Llght Company," and have qulto as broadly intlmated that there ls be? tween that company and my newspaper a despicablo and corrupting colluslon to suppress facts and wlthhold proper comments upon the conduct of said company. Theso chargeg aro as untrue as tho one you retract, and a casual inspee tion of tho recent flles of the News or the most Inctdantal inquiry would havo suftlcod to show tho vico of your suggestion. In your lcttcr you profess wllllng ness to mako amends for whutover crroi-3 or mlstakes" you have made us woll ns tu make public ackpowl odgment thereof. \t you are as anx ous as you profess to be to do mo no njustico and to right any wrong al ?cady fi0iio me, your rctractlon should :mbraco unqitalliiedly all tho mlsrep esentationa of fact concerning me c6n alr.ed in tho pamphlet; otherwise you an scarccly expect mc to publish your etter, because, hy coniinlng your re raxit 'specifically tu only ono of a ciics of mlsstatemcnts of facts, you <ut rciterato thc rest. . I do not feel concorhed about vour ritlclsms of the course of thc News o far as such crlticlsms aro not based ipon misstatoments of fact involving ny personal character. und such a rc" ractioti aa I have indicated will if nade, bo published in tho News As to the J. P. Bell Company. It las exprossed no regret and offered no pology for its part ln publlshing these lefamatory charges, but, as i am in ornud. asscrts Its right to print what ver it is paid to prlnt about anybody io matter how seriously such publlca lon.s may affect the reputation of a itizen. In vlew of this remarkablo at itude. I havo taken the only course s to tlils company which snems to romisc mo redrcsa and vlndlcation. Respectfully, CARTBR GBAi??. A Matter Personal. Lynchburg, Va.. August _3, lOOfi. r. Cartor Glass. City: Dear Sir,?Reforrlng to our connec oii wlth the pamphlet which you have ade the baais of a suit for nbel ralnst us, wo wish to say now what :? Hought au opportunity to say to ii In person before tho itistitution of o suit: (1> _'?___:_^>0''_Pamphrct was printcd u Fifth Page.) !i>i;?i_=____S__? dQALITY F5\ S?*oV_}i_?n ___*V*|!'""5*l7V?V'V1,,''rl''r SEEDS 0' ?" *lud?. llr.w ?nd Clo?, iw ?i?i*?\2I. ? _ ' s?iiim?i.oa. Wrlte lorourlttlEiuUUisue. JHgBSjfi BEAOLES, Seed Merchants jj_g_. Bf?ch storeCOJ.fitlo K. Harsball st liOOB. Franklin St. Rltlnaond. V?.