The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1876-11-02
MALICIOUS PROSECUTION.

MALICIOUS, PROSECUTIONS
MALICIOUS ATTEMPT TO BIND THE
EDITOR OF THE ADVANCE OYER TO
KEEP THE PEA CIE-A T7EALPTOFT THE
ROWDY. ELEAIENT- TO BIND. OUR
HANDS, s~ :
On Monday evening last Joe I.oveless
went before Justice Durfee and swore
out a warrant for the arrest of the edi-
tor of the ADVANCE, alleging that we
had threatened to shoot him, and ask
ing that I'VE might he bound over to
keep the peace. The case came up on
Tuesday morning, and was transferred
to Justice Mcdowell, Of Bigelow, be-
fore whom it was tried Oh Tuesday af-
ternoon. Prosecutor Soule conducted
the case for the State, while Messrs.
Emory Clark and Daniel Rolirer con-
Quoted the defense, and we wish to
thank them for the manner in Which
they did it, despite the curses of the
rowdy element. After the examination
Of the following witnesses, viz: Joe
Loyeless. the complainant; Judson
Rice, MarcelA,s Webb and II. McMil-
Ian, all called for the prosecution, the
case was submitted without examining
any witnesses for the defense. Mr..
Clark moved that the case he dismissed
because ~ no crime was charged in the
complaint; and (2) because no crime
was proven by the testimony. Justice
Mcdowell, in giving his decision, said
he regarded the complaint as sufficient,
but it was not sustained by the evil
dence. The complainant himself swore
that lie was not afraid. Also that it
was evident from the testimony that
there was malice in the prosecution.
In such cases, the law gave the Justice
power to assess the cost upon the COM
plainant, and lie therefore ordered that
complainant pay the costs of the prose-
cution and that the case be dismissed.
The audience received this decision
with stamping Which shook the build
ing, and there was the most decided
satisfaction expressed 10y the large
crowd Oh the outside, who were not
able to gain admission.
Before Diminishing this subject, JUS
tice to the editor of this paper demands
that we give some facts which were
not III evidence, as no witnesses for the
defense were examined. These facts,
if questioned, we can sustain by the
affidavits of several persons:
On Sunday evening last, between 8
and 10 o'clock, there was Il loud rat
thing at the door of our Office. We
stepped down to see what the call
meant. Finding no one ut the door,
we walked down to the corner. On the
way we met Joe I.oveless and two other
men. At the corner we turned and
came back. Near the furniture store
we came within hearing distance of
Loyeless, who began to curse us in 4
loud voice: calling us ''d--d whelp,':
i'd dog" etc. When we arrived at
our Office, we said to Loveless: ut was
you, was it, that ratified the door?'
This brought on words which we need
not publish, but we warned Loveless
away from our premises twice and re-
peated the warning deliberately and III
the same words, meaning it for thu
future, and telling Loveless that ''if liz
did not keep away from our premises
that we would have him arrested, ant
that if lie did not then remain away W.
would lay him out.'' LoVeless sWor'
that he would insult us every time III
met us and that he would follow us a:
long as we lived. To these facts ",
can bring the sworn testimony Of sew
eral witnesses.
A word or two more upon this sub
ject and then we Hope it will bepossibl'
to forever after dismiss the name O
this fellow from our columns. W,
want the public to see what all attemp
has been made:
For two years we have suffered a
the hands of this fellow all manner o
insult and outrage. We endured thi
for months, refusing to publish hi
name, and trying in every way to avoit
trouble. Our forbearance only mad
) the matter worse. Finally we gave u
, all hope of peace, and bore down upol
+ the rowdy element through the AID
VANCE. as we anticipated. this in
creased the trouble for the moment
but it must succeed in the end. Final
ly, the question began to be discusse,
among the rowdy element whether o
not we carried arms and whether O
not we had the pluck to shoot. Thi
question was discussed in the shops an
stores. They boldly planned to egg u
on our return from the Centennial an,
:, then concluded that they would onl
seize us and put Il head on u.s. Blu
there was the remotest possibility tina
we might, in a moment of excitement
shoot somebody. And now lUok at tn
outrage:
Loyeless attempts to put us unde
bonds not to shoot, and then, with on
! hands tied up by the law, lie could g
: on with his outrages. We think TIN,
i'll all the annals of wrong we have no
heard of another attempt so coward
and villainous. Outrage might 60 ful
ther but this is certainly the acme Q
= co,cordly outrage.