Sacramento daily record-union., 1881-03-10
THE BLACK BOOK.

The case of the People VS.. G. 81. Spear,
upon information for libel, came up Tor trial
in the Superior Court yesterday. There was
a large array of attorneys engaged IN the
case. Indicating that the defendant was to be
equally attended to in the matter OF prosecu-
t;on and defense. The State was represented
bv District Attorney FL. L. Buckley. G. L.
Jones. w. A. Anderson and w. B. G. Kel-
| Ter. The defense by Grove l.. johnson, A.
| C. Freeman and g. L. Bates.
| The entire afternoon until half.past 4o'clock
was consumed in procuring jury, and when
| the twelfth juror had been obtained and
sworn in it was found that one OF the others
had disappeared under permission to leave
the Courtroom for a moment. lie was
searched for by the bailiff, and his name
called loudly from the front of the building,
but he failed to respond. Finally, upon the
self-evident suggestion of the Court, that
juror who did not know any more than 70
thus absent himself in such manner, would
be no aid in the case, it was agreed by coun-
sci to proceed with the trial with
eleven jurors, the law stating tnat
in civil cases and cases of misdemeanor,
1.-THE present case coming under the latter
term), the jury should consist OF twelve men,
or any less number that may be agreed upon
by counsel.
This is the case in which John Waggoner
had the defendant arrested for publishing his
name in the report, or Black Book, Iur-
uished members of the Retail Dealers Pro
teetive Union. which is intended to furnish
members of the Union with list OF such as
are slow, poor, bad pay, etc. The inf9rma-
ton upon which Spear is being tried alleges
that he published in said book the name Of
the prosecuting witness with the letter ID
against the name, thereby meaning that the
said John Waggoner was not then and there
honest, and meaning to impeach the reputa-
tion of the said John Waggoner for integrity,
and meaning that the said john Waggoner
was not then and there entitled to credit and
public confidence with the community in
which the said John Waggouer was then and
there residing and meaning that said John
Waggoner would not then and there pay his
Just debts and liabilities"
John Waggoner was the first witness. He
testified that he ascertained four months
ago that his name had been published in the
book. and he immediately went after the par
ties who published it. He called at their |
Office once or twice without finding them,
and finally met MIR. Smith. he claimed he |
could tell him nothing about it, and referred |
him to defendant Spear, who was not then at
the office. He called next day and saw |
Spear Witness asked aim what bills he had |
not paid thatshould cause his name to be pub
lished He would not then tell the party upon
whose report as bad pay he had published, but
afterwards stated that George Baslerreported |
him to the agency. Witness told Spear that |
Basler owed him that he (witness) had
legal offset against all claims held by Basler
against him, and he demanded that his name
be taken out of the black book. Spear said
he would go and see Basler about it, and then
come around and settle it with witness. He
did not come, and witness went to see him
again, when Spear told him the name is in
the book and is going to remain there" He
again demanded that his name be taken out
of the book, and Spear again refused and
gyrated his fingers from the standpoint of his
nose at his visitor. Witness thereupon went
to the police headquarters and procured a
warrant for his arrest for libel.
Peter Newman, proprietor of the Phisdel-
phia House, testified that he is subscriber
for the report or book furnished by the Re-
tail Dealers Protective Union. The sum of
81 per month is paid for it, and in addition
to the book at first furnished an additional or
report is furnished and pasted
in each month. He identified one of the
books as being the same that was furnished to
him as a member of the association by the
defendant.
Richard Dierson testified that he was
member of the Protective Union that he
was furnished the monthly reports by MIR.
Spear. He subscribed for it, but has not
taken it for few months past. He took it
with view to learning the standing of per-
sons financially.
The prosecution then offered copy of the
book in evidence, in which appeared the
witness's name. He also called
attention to the key in the back side of the
book which showed the letter sd placed
against the same to mean bad pay"
The defendants counsel here raised the
point that the information upon which their
client was on trial does not state that the
letter SD meant the prosecuting witness is
g bad pay or otherwise bad, and therefore
the defendant should be discharged. The
question was argued by counsel, and the Court
then. at 5:15 P NJ. adjourned until alf-past
o'clock this morning. when decision viii
be given upon this point.