St. Paul daily globe., 1885-03-19
THE $4,000 LIBEL SUIT.
The Case in the Hands of the Jurv-Cofsrt

continued his argument for the plaintiff,
speaking for nearly an hour. He advanced
the theory that Mr. Lovejoy, of the firm, was
the man who was responsible for the irregu-
larities in the office, and had caused Thomp-
sons arrest to shield himself. He was the
financial man of the firm. and daily made a
personal examination of the books, and
after an absence, would examine them care
fully upon returning. 1t was hardly possi-
bic that these ''droppings" could have oc-
Cured without his knowledge. Twice there
was dropping of 81, 900 and once of $500.
Does 1t seem possible that an experienced
bookkeeper and business man could have
overlooked these large amounts. Con-
corning the alleged bogus checks,
he made the point that the
toremen at the mills swore they did not re-
member any workmen who bore the names
IN which the checks were made out. Why
We're not the time books produced? The
foremen might not remember accurately
back for three years, but the books would
show. He endeavored to impeach the testi-
mony of Reed, calling him "Lovejoy's Man
Friday" the 'sboss liar," etc., and claimed
his story about Thompson seeking an oppor-
tunity to blow up the safe was too absurd for
beliefa If Thompson had sought to do this why
die they not lead him on and entrap him? In
closing Mr.. Brewer asked that the jury SIM
ply lay aside all prejudice and examine the
evidence carefully. He would then have no
fears for his client.
THE CHARGE.
Judge Young then read his charge to the
jury, of which the followiL is synopsis:
This action is brought by W. FL. Thompson
against the Pioneer Press to recover dam
ages for an alleged libelous publication.
The article upon its face is actionable, and,
being SO, the burden is for the defendant to
prove the right to publish the article, and
the defendant undertakes to do this by at
tempting to prove that the accusations con-
tanned in it are true, and, under our statutes,
the truth of an alleged libelous publication
may be pleaded, and, if proven, will be a
comp plete defense. The main inquiry will
therefore be first directed to the considera-
tiOn OF the evidence as TO the truth of the
charges. If there were criminal action it
would be required that his guilt should be
proven beyond reasonable doubt, but as
this is a civil action it is only required for
the defendant to prove its assertions by
pceponderance of evidence. The judge then
reviewed the evidence at length, going into
the details of the testimony concerning the
accounts, ETC., of Farnham IL Lovejoy, and
the alterations alleged to have been made by
Thompson. Concerning the charge that
Thompson had made certain checks, osten-
sibly to pay certain laborers, and procured
upon them for his own benefit, if
found true, would be COM
plete defense for the part of the
article in which it was claimed that he had
been guilty of crimes which would consIgn
him to the penitentiary, but would not con-
stitute defense to the charge Of embezzle-
ment. 1t is claimed that the plaintiff was
guilty also of abstracting his employers
money; that as late as 1886 he had little or
no money and that he had large sum of
money when discharged The evidence
should be considered carefully to determine
the issue of embezzlement presented. 1t is
not necessary that the evidence shall show
he embezzled all the money. If he is proven
to have been guilty Of embezzling any sum
from his employers the defense will be com
pletc. If the evidence fails to prove the
truth of the publication the plaintiff will be
entitled to verdict for such sum as will
compensate him, and the verdict must be
proportioned to the injury sustained. The
value of mans reputation is not easily
estimated in dollars and cents, neither are
all mems regulations of equal value. Again,
the injury which person may sustain will
depend upon the nature and meaning Of the
publication. In case of recovery the
jury should be careful that the verdict bears
a just and reasonable proportion to the in
jury. The compensation should include
injury to his character and feelings,
and in addition the jury will be at liberty TO
add such further sum as exemplary dams age
as the facts seem to justify. After charging
the jury upon certain points in accordance
with requests, Judge Young closed his charge
as follows:
We commit the case to you for determin-
alton, and | am confident that as business
men and citizens you have a just and proper
appreciation Of the importance OF the case.
Ii is important to the plaintiff because the
publication complained of directly attacks
his character, and if he was wrongfully ac-
cused then in law ne has sustained damage
and should be compensated. On the other
hand, the defendant published what is
claimed to have been the truth in respect to
a matter having an important relation, not
alone TO the business firm involved in the
litigation, but as well to business men and
firms generally. The relation of en-
poyer and employe is an important
one. = 1t is one of confidence and
trust Any wrongful act on the part of the
employe which tends to disturb this conf
dental relation and create distrust is more
or less injurious to the business interests of
a community. The daily papers are the
medium through which the public is in
formed Of matters of interest affecting both
society and all classes of business. The
value of these daily papers as gatherers and
distributors of important news is beyond es-
innate. The law, however, imposes upon
them in publishing articles affecting the
character of any person the responsibility of
seeing to it that every such publication is
true, and. considering the ordinary sources
of information for this class of news and
the energy which prompts every enterprising
daily journal 10 gather all the news il can,
this esponsbility is very great But the
good faith Of the editor or publisher, how
ever, in writing or publishing an article will
not serve as au excuse or defense for the
writing or publishing an untruth. When,
therefore, an action of the character we are
now considering is brought, it is of
the greatest importance that the
truth be ascertained, and the evidence
which is rendered shall be the result of fair
and careful consideration of the facts with
out bias or prejudice, regardless of whatever
may be the result of your finding to either
party.
At the conclusion the jury was sworn in
aud retired at II O'Clock. The predictions
are that there will be disagreement, as up
to the closing of court no signs of the re-
turning of verdict had been given. At 6
O'Clock last evening the jury was singing
''John Browns Body" ''Bye, baby, Bye"
and other songs to while away the weary
hours.
YESTERDAYS DECISIONS.
Eliza Ambrose, aged 63 years, was granted
divorce by Judge Young from Henry Am
brose, aged A. years. He has been an habi-
tual drunkard and the usual charges Of abuse
aud neglect were made in that connection.
n