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Scott County kicker. (Benton, Mo.) 1901-1917, November 09, 1912, Image 1

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn89066234/1912-11-09/ed-1/seq-1/

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NO 49.
Kicker Wins Libel "Soot."
tAfter their Jury had Soaked it to the
the Court Ruled that the Verdict was Contrary
to the Law and the Evidence.
Didn't I tell you they coufdn't
John Bom the Kicker?
John Boas Is a former who dar
ed to talk about conditions In
this county. He wax yanked up
charged with "slander.'' He Is not
familiar with how "justice" la
-dished out here. The best thing
be could do was to "compromise"
and let go of a Tew hundred. It
- was upon the advice of his attor
ney that be did this as an appeal
would probably cost more
But the Kicker knows no com
promise with Injustice. When it
knows It is right It stands pat
- and in this case I had their own
wouls to prove It.
I have never claimed that I
could win this case here. I know
the workings of the machine too
well to make a reckless state
ment like that. All that 1 have
ever claimed lis that I would pro
dure their ownrecords and prove
every statement made ny tlie
Kicker to be true. AM) TH1
D1T). I could do no more.
I !
Yet a Jury of their own (election
derided that I ought to pay one
thousand dollars for telling the
TRUTH concerning the public af
fairs of Scott county.
'.'hey riff up a Jury that la pre
Ui ;ieed ogalnKt the Kicker and
toetellan, than their lawyers Ig
nore ili- facts in the cane and de
vote their wind to abuse of Haf
.ier and the "dirty, slimy sheet."
But it didn't stick.
Monday morning Mr. Cramer In
troduced a m otion in arrest of
judgment. This means that there
never was anything to the cane
and that the verdict of the jury
was not warranted by the facts.
Kelly chewed the rag muchly,
but he was unable to produce any
mw or court decisions to sustain
his position although my attor
ney agreed to give Elm until art
ernoon to do so.
Judge Finch sustained the mo
tion. which means that the Kick
er la out of court. Of course they
can appeal, and, perhaps as a bluff
have filed such a motion. But it
Sumy opinion that they have had
about all the dealings with the
"Kicker they want for a while.
I did not think they could beat
their efforts of last April but
they did. It is bad enough to
nave a jury composed of metn who
differ from you politically. but
where religious prejudices are
added to this, then your name is
Six of the jurors were Catholics.
"Nick Pnnnenmuellor, Loo Heuring.
I-nwrcnce Btrack, Ed L. Miller,
Lawrence Dlabold. chas. Dlebold.
By this 1 do not mean that
-these men are not good citizens
and nelghboi-s. But everybody
knows that the Catholic church
is the worst foe that Socialism
has. and its followers have bad it
bred Into them to hate Socialism
I KNOW for I was brought up
In that church.
When the county court picked
the jietit jury In September I
wrote my attorney, Wilson Cra
mer, that we were up against Xlie
real thing. But I did not want to
lunent on it In the Kicker until
. liter the trial.
Let s aee what happened In Kel
so township. Tint township is
the largest in the county and is
on-titled to five c f the 84 jurors.
There Is no spot in the county
where the Kicker has been so bit
terly fought as in tiie little Cath
olic pariah of Kelso. And four of
the five Jurors for that township
were from among the Catholics.
The other was capt. Llgbtner,
the Democratic chief of lllnio.
Chaffee, with its more than
2,000 people, had not a juror
among the original selections.
Neither did Fornfelt with its
more than 3.000, nor Rockview.
Grnysboro nor the rest of the
Again let me say that these
Catholics are good people as
were quite all the jurors but
they are PREJUDICED and, very
likely, do not know it. But the
polltloiano do.
The first thing taken up Friday
-was the motion to strike out
most of the answer. This the
court overruled.
Next comes the Jury. A large
per ceat disqualified themselves.
The sheriff was ordered to bring
in more. Many disqualified them
selves and some were disqualified
upon being questioned. By 8
o'clock only 13 had qualified and
the sheriff said he could get no
more. The court told him to
bring more by next morning and
the case was laid over.
The last Interview I had with
Sheriff Goiter was some three
years ago when he stopped me on
the street, bad his hand In his
pocket supposedly on a pistol,
and began to curse me because I
had told the people how it is pos
sible for officials to select any
kind of Jury wanted. He has not
apoken to me since. He may have
been perfectly honest in his se
lections from his view point, but
to me It looks different
However, I was In error two
weeks ago In guaranteeing that
no Socialists would be picked up
as talesman. There were some
picked up who are said to be So
cialists. Saturday morning, among the
first arrivals, I noticed John and
Louis Hunter of Morley, and
Frank Compos, of Kelso, all for
mer stockholders In the court
house organ, and Jim Baty of
Cary. When I saw this I said to
my attorney, "They are going to
give us h-11 today."
All are good mem In the ordina
ry accepted sence, but they nre
not the kind of men that I would
select to try a Socialist. John
Hunter and Mr. Com pas disquali
fied themselves.
The plaintiff was put on the
stand and said he had leen great-
ly annoyed, humiliated and gut
tallied great injury and the loss
of sleep and confidence of the peo
ple by the publication of certain
articles in the Kicker. lie said
that it appeared as if people shim
ed him. When asked who so ap
peared to shun him he said Silas
Finley and Jerry M inter, but ad
mitted tliat they were aO godd
friends now. That was all the
evidence that John McWilliams
had been damaged ABSOLUTE
In a libel suit it is necessary to
prove malice on the part of the
publisher. Mr. McWi'liams ad
mitted that we had always been
friends up to the time of the pub
lications of these articles, that
he had been my attorney, and
that I had sent him business.
When shown an insurance policy
issued to the Workers Printing
Co. he admitted issuing it This
was to prove that while these ar
ticles were appearing our person
al and business relatives were
Now, stick a pin here ! These
at tides appeared June IT. 1011.
Nine days later John Mr Williams
insured this printing plant. If ho
felt agrleved THEN, he showed no
sign of it. I discovered no signs
of "mental anguish" until after
that inquisition on September 15,
and the papers served on me the
day following, it was the raw
est frame-up that ever came down
the pike. Even Democrats here
balk at It some.
Then we produced a renewal of
that policy by Chrlsmon & Mc
Williams In June, 1912. But John,
said he had nothing to do with it
that Mr. Chrisman issued it and
that he, McWilliams, refused to
take any part of the commission,
Boo-hoo! oJhn seems to think
that to prove that I have malice
toward him it is necessary lor
him to act mad.
While a great mass of rubbish
was Introduced by the plaintiff I
that served only to eo:ifuse the ;
III it If it needed confusing-the ;
i foregoing is the substance of the
I The confusion in this case comes
1 up in the fact that I am charged
I with libelling the county officials.
and "particularly this defendant '
J yet the other county officials do
not complain. The Kicker haa
! never made any charge against
McWilliams. All I did wis to
call his attention to conditions In
the printing department of the
public service and asked Why the
law regulating the letting of
public printing was Ignored.
The Pros. Att'y has nothing to
do with the letting of public prin
ting, and by no stretch of the im
agination could my article be
reasonably construed to include
him among the grafters, yet the
lawyers would read what I said
about other officials in that con
nection and twist It to make the
Jury believe that it meant Me
Wiiliams and I believe the Jury
did believe it.
After the defense had closed Mr.
Cramer demurred to the evidence.
Ab I remember the language of
Judge Finch, he said that even a
justice of the peace would hold
that there was nothing in the 3rd
and 4th counts and struck them
out. As to the first and second he
expressed some doubt and would
therefore let them go to the Jury.
Mind you, this was before the
defense had Introduce any testi
mony. The pourt had doubts as
to the remaining two counts be
ing libelous even If we failed to
prove anything. Yet, after we had
proved every statement concern
ing conditions In the printing de
partmentand the Kicker made
no other cha rge the Jury was
only about "three shakes of a
sheep's tall" in agreeing that I
ought to pay $1,000 for having
told the truth and proved it.
In the short while the Jury was
out the Jury could not have read J
Kicker for $1,000
the Instructions of the court
much less considered or discussed
But I am an undesirable citizen.
Let s turn the picture over.
Thos. F. Rucker Is brought here
from Arkansas and Installed as an
Suddenly he disappears.
The next we learn of him he is
arrested In Arizona on a charge
of embezzlement in Arkansas.
I did not know the man and had
never spoken t ohim. Yet on his
return here he made a cowardly
assault upon me without the least
provocation. I shall always be
lieve that he was brought here to
do me bodily harm or worse
with "the law" behind him.
There was no arrest and the re
port at that time was that the
public prosecutor congratulated
him and assured him that till deed
shouldn't cost him a cent.
He became the leader of things
social and religious and associa
ted only with the "best people."
Suddenly he disappeared and
you remember how the country
was flooded with worthless bank
He was located by a Bikes ton
bank and brought back from far
away Massachusetts.
He filled a better bond than I
could fill arid went his way rejoic
ing. In October he came back and his
case was kindly continued by
"consent" until after election...
That Is the sort of man who
need have no fear of -the law" in
Scott county.
But ' soak" it to Phil Hafner.
Tn conclusion let me ask : Has
there ever been a man in Scott
county or anywhere else so un
mercifully lied about in the press
as Phil Hafner?
And you wonder why I have
never sued anyone for libel?
Take, for instance, the Demo
crat last year. A judgment a
gainst it and its alleged editor
would not have been worth the
paper it was written on. Official
dom hid behind Rucker to squirt
Its filth at me and the paper
was bankrupt.
But you haven't seen anything
of that sort since the names of
financially responsible publishers
appear. Oh. no !
Banker-Landlord Billy Stubble
field and Banker-Landlord Lam
bert applauded Kueker's attacks
on me. But you will not catch
them permitting it so long as the
paper bears their names as publishers.
Farmers, Attention!
50,000 Organized consumers In St. Louis want your Eggs and
Poultry Shipped direct. Send for Shipping Tags and instructions
how to ship. Coops and cases furnished on application.
Any Local wishing to start Operative Shipping or Purchas
ing without Capital, write us and we will tell you how
If the farmers have the help and support of those who con
sume their produce, they can succeed, no matter what the middle
men may do.
We hove expert Cattle and Hog sale-men at Independent Stock
Also expert Hay and Grain salesmen who are at your service.
We alf.o supply your wants. Send for prices.
American Cooperative Union Supply Company
Wm. S. McAdam, Pre, and M'g'r.
No. 404, North First Street. ST. LOUIS, MO.
Every Worker
Who earns Bread in the Sweat
of his face should be a patron of
Risk Loss of Home, or Valuable Live Stock, or take
Chances of Yourself and Dear Ones being swept into
Eternity by a Single Bolt of Lightning when you
can get the Electric
Pure Copper Lightning Rods
At a Reasonable Coat and backed by the Electria
Lightning Bod Co. with a Legal binding Guarantee
to refund the price paid, with Legal interest, in sue
any damage occurs. See
By Mrs. O. I Wolfe.
Shall woman be granted the
franchise? The answer invariably
Is: "No; woman's place is in the
Yes, Indeed, Woman's place IS in
the home, and because she loves
that home, and for the protection
of the dearest place on earth to
her, are women taking an active
interest in the political and econ
omic questions of the day.
Yrs, woman's place is in the
home and not out In the business
world, fighting daily a hand-to-mouth
struggle for existence! It
is a sad travesty upon our boasted
Christianized and civilized society
that seven million women in the
United States alone are wage
slaves I
What a menace to future gener
ations is the drudging and en
slavement of woman 1 It begets
deformities, sickness and mental
weakness. The poor toller In the
mills and sweat-shops, the weary
wife of the poor laborer, bending
over the cradle of her sick babe,
watching It die slowly for want
of food and medicine, realizes this
system is radically wrong; tho'
she may not understand the com
plex and scientific forms of gov
ernment, the scientific side of th"
question is brought home to her
with terrific force.
We well know the ballot will
not bring about the ideal condition
for woman, but suffrage will help
in a measure to place her on a
higher plane and tend to liberate
her from the abject position in
which she is placed by man and
the usages of society.
Behind every movement for pro
gress and reform stands the wo
men; to better Child labor laws
to improve the condition of the
working class are they striving.
Who can limit her power or influ
ence ?
The mother well knows when
her son goes forth into the world
to begin the battle of life, the sa
loon, the gambling den. the pool
room, with all their hideous vices,
wait to drag him down to degra
dation ; she knows that for the
young daughter just budding into
sweet womanhood awaits the
white slaver and the house of pros
titution; and in every dark shad
ow lurks the social leper.
Every despairing soul of the lost
Madagalens shall ety out, every
little hand of the child slave shall
be raised In protest against the
subjugation of woman.
As the home is created by wom
an with man s help, so that great
creation, the State, will never be
perfected by man alone, but with
woman as the helper. And to wo
man is Intrusted the divine mission
of life creation ; she shall indeed
bring forth a newer, higher life,
pulsating down to countless gen
erations. In whic h she shall stand,
as man's co-worker in that per
fect state, from which arc banish
ed, misery, slavery and degrada
tion. Sec. 588. Officers to procure
best rates. la procuring the pub
lication of any law, proclamation
order or notice, as in the next
preceding section mentioned, the
public officers SHALL. ACCEPT
rates limited In the preceding
Bowman and Thomas, Republicans Pledged to an Ex
amination of the Books, Elected. --McWilliams Pulls
Through by Narrow Margin. Nation and State
Carried by Democrats.Other Election Notes.
The Democrats carried the
state and nation. This is no sur
prise with the Republicans split
wide open. We will now have
"four years of Grover" and by
that time the people may have it
Jolted Into them that our troubles
Is not In men, but in the system.
The unofficial returns show
Frank Kelly elected circuit Judge
and Russell returned to congress.
In the county the Republicans
won the Judged of the county
Read the Kicker
The Paper that Tells the Truth
And Proves it by the Records
Only $1.00 Per Year.
From the Maplewood Herald.
Married, at Milwaukee. Wis., on
Tuesday, April 2, 11)12, Mi.-s Bour
bon Democracy, daughter of Tim
Sullivan, by Wm. J. Bryan, and
Mr. G. O P. Republican, son of J.
Pierpont Morgan.
The bride is a dilapidated old
girl with a bad cough and can
not live much longer. The groom
though fat and apparently In
good health, is subject to appo
plexy, and the doctors are worried
about hiru. They say he is liable
to suddenly expire at any time.
The object of the matrimonial
alliance was to unite the rapidly
vanishing fortune of the pair
both of whom have lived a fast
life and are almost all 'n.
It Is common talk in Milwaukee
that neither one of the contract
ing parties can live lonir. and
that the next ceremony that they
adorn by their presence will be
their own funeral. There isn t the
remotest possibility of their leav
ing any offsprings both beintr
victims of sinility in the most ad
vanced stage
All of the present friends and
relatives of the couple were pre
cnt and tried to act happy and
gay over the miptlals. but anyone
could see that the whole company
were Alarmed over the haggard
face of the bride and the gorged
appearance of the jrroom. The
former almost looked ready to
faint and the latter looked as if
about to bust
When the bride was aske 1 if
she would take Mr. fi. 0 P to be
her lawful ipouse and Lord, she
nearly swooned 1 and when Mr
G. O. P was asked to "oo and
cherish the sorry looking old
fright he had led to the eltir. he
actually vomited nil over the car
pet. Mr. B;cr Bl. the scavenger,
who was present, cleaned up the
filthy mess.
The couple has cone to house
keeping ill 8 single room, with
only one bed and no modern con
veniences. Mr. G O. P. wanted
the bride to take a bath before he
took her to be his mate, bir the
doctor sa:d that a she bad never
been e'enned. the ihook mlgh kill
The ceremony closed by a "trust
magnate and U. S. senator shill
ing: "Plunged in a pulf of dark
No matter how wrong a thing
may be ; no matter how big a lie
a thing mar be. If it is persist
ently and continuously pounded
Into the people as right, tho peo
ple will accept It as right.
For over a hundred years the
people of the United States have
been taught to believe that their
national constitution Is a won
derful document; that it was
framed by patriots; that It was
Inspired of God; that it guaran
tees freedom and equality to all.
This Is what we have been
taught In the public schools, from
the pulpit, by the press and by
the orators of every age. Is It
any woriber, then, that the peo
ple believe It?
Very few people ever read the
constitution, and they who do
read it do so with the assurance
that it Is Just what tt has been
represented to tie, and accept It
an an "Immortal document" that
cannot be Improved on. To view
R otherwise would be treason
en our rulers and educator tell
court from the first and second
districts W. Ci Bowman, from
the first and Matt Thomas from
the second. Both are pledged to
an early auditing of the book of
the county officials.
John McWilliams defeated Ralph
Bally for prosecuting attorney
by a close shave said to be 10
All of the remaining Democra
tic candidates were elected.
Matt Thomas and Judge Band y
It is a fact, however, that the
nations constltut.on was luuuded
by a group of business men W ho
feared a government by the poo- !
pie. The originul constitution '
guarantees to the masses noth- j
Ing. All there is good has been
added by amendments the free- '
dom of the proas, speech, assem
blage, and so on.
And these lew good things are
trampled under foot by the nil- 1
Ing class as sj much chaff. "To
hell with the oonstutlon," said
General Bell as he drove tho min
ers out of th.? state of Colorado
six years ago at the .Hlnt of the
bayonet. "The club is might, r
than the constitution," said Po
ttos Chief Smittbcrger. of New
York, as he broke up an assem
blage of worklngmen .
It is the buslneaa of federal
judges to interpret the cou.-rtitu-tion.
It is the "business of state
judges to interpret state consti
tutions. And it doesn't matter a
cuss what the writeu word may J
be what these judges say goes.
And there is ever an increasing
army to back thoni up.
Few people are aware that
What We call our federal consti-
tUtion w-as never legally adopt
ed, and that the people had lit
tle or nothing to do witn its fra
ming. In the Painters and Decor
ators' Journal A. B Basset t has
this to say :
Although there was a tendency
toward neutralisation tLruout
tho revolutionary war, yet at its
close, there was nothing Which
approaohed a national govern
ment. Nor was there a way in
which this could be legally pro
cured. But a convention which had
been called at Ann ip.illa to settle
some questions concerning the
navigation of the Potomac, and
MAKING POWER than a modern
trades union convention, proceed
ed to Issue a call for a national
constitutional convention. This
was later Indorsed by the con
vention, or row well-nigh de
funct constitutional congress.
Only a very small minority
were Interested In forming a con
stitution, and they were any
thing but democratic in their
ideas. That the constitutional
convention was nothing but a
straight business proposition
may be seen from the following
"The delegates to Annapolis,
and later to Philadelphia, were
brought together in response to
the demands of the business men
of the country, not to form an
Ideal plan of government, but
such a practical plan as would
meet the business needs of the
"Just how much our humanita
rian motives had to do with the
making of the constitution may
be seen by reading the speeches
of these same delegates. Elbrige
Gerry said:
"The evils we experience flow
from an excess of democracy, the
worst of ail possible evils."
John Dickinson "A limited mo
narchy Is one of the best forms of
government in the world."
Gonniag Bedford "Are we to
act with greater purity than the
rest of mankind? Our votes are
actuated by interest and ambi
tion." Gouveneun Morris "The senate.
must have greater personal prop
erty ; it must have the aristocra
tic spirit; It must love to lord It
thru pride. To make It indepen
dent It should be for Ufa PROP
WOTS reported a tie until Perkins
came in. That gave Thomas
about a dozen majority.
What thfl Socialist vote of the
county amounted to cannot yet
be given. However, it is known
that there was a heavy falling
off tn the tenant districts where
so many were forced to move.
But Ln the remainder of the coun
ty the Socialist vote Increased.
Anyhow, the voters made a detit
In their ring the county court.
ERTY is the main object m soci
ety." Roger Sherman "The people
Immediately should hae as lit
tle to do as may be about the
James Msdisofl "In future
times the .'eut majority of peo
ple will not only be without land,
Alexander Hamilton, who de
clared it his object to make an
alliance between the capitalist
class and tne government, and
who had m re to dj with fash
ioning the constitution than, per
haps any other man except Mar
sha i:, declared: "The Britlb
government. I doubt if anythii
short of it will l) in Americ
The house of lords is a most n
ble Institution. 1 do not thii
well of democracy. Inequality.
PROPERTY is the great fundi
mental distinction in society."
in disscusing the slavery que
tion James Ellsworth said, "Li
us not intermeddle: as population
While John Adams declared, "1
is of no consequence by wha
name you call you poor people
whether by that of freemen o
When the constitution was for
raulated, the question cr lt adop
tloa by the States came up. Many
people are under tho Impression
that .t was adopted by u major
ity vote"
Wood row Wilson sn.vs, "There
were probably not more than ono
hundred and twenty thousand
m i who had a right to vote out
of rer four million inhabitants."
Even the-, few citizens were not
allowed to vote directly, but
were only permitted to choose
delegates to conventions.
in the conventions of all sta
0; lied to consider its adopt on
were men who were opposed
iis adoption, but none sta
their arguments with tba viwoi
and eloquence of Patrice Hsu j
Among other things he " .',
"This constitution is said to hi .
beautiful features; when 1 co
to examine thoeo features, s r,
they appear to me horrl3:.
frightful. Among other defori
ties, it has an awful squinting; it
sqints towards monarchy I"
The constitution once adopted
by the states. Its effect on the.
country is described by McMat-
en as follows: "All who possessed
estates, who were engaged in
traffic, or held any of the final
settlements and depreciated cer
tificates, felt safe.
"The multitude, however, were
indifferent. The great masa of
the community whose lot it was
to eat bread ln the sweat of their
face, thought It a matter of no1
importance whether there was
one republic or three; whether
they were ruled by a monarch
on governed by a senate, so tons;
as tneir crops were
MgB and food
much the
Ewnsonee nr vse 4

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