Los Angeles daily herald., 1888-11-14

alleged was false and that she had been
injured in the amount set forth. The
following jurymen were selected to ry
the case: q. r. Bush, r. Z. Brown, 10. n
g. .Charnock, w A.Feller, j. L. Fetterman.
Andrew Janyhim, A. Lockwood, B. F..
Manahan, G. R. Paris, Leonard Parker,
J. M. Spencer and w. H. Toler.
The attorney for the plaintiff offered a
copy of the Express of the date on which
the article was printed in evidence.
Mrs. Simon Ferner was then sworn.
She testified that she had been in the
pawnbroking business for three years,
and that she never had any business
transactions with ]. F. Buster.
Mr.. H. 2. Osborne testified that he
had been connected with the ETpress for
about four years, and that the paper had
q circulation in the city and country.
Mr.. j. F. Buster testified that he knew
a reporter on the E1press named Sig
Morris. He had met the reporter at the
City Prison and in Justice Austin's
courtroom on the day that the
article was published. Witness was
then talking to Captain Loomis about
getting his money back. Morris had
asked him where the chain was that he
had sold and witness told him that it
was at place on First street. Morris
inquired if it was not on Commercial
street and witness said it was not. Wit
ness testified that he had not mentioned
Mrs. Ferners name but that Morris had
asked him if it was Mrs. Ferner's place
and he had replied that it was not.
On cross-examination witness could
not remember that he had ever told Cap
tain Loomis that if he stood in with the
plaintiff he would be looked after.
Neither could he remember having told
Constable Smith that he was to par
ticipate in the profits of the suit.
The prosecution rested it's case at this
point.
The defense opened with Sig Morris
written the article in question. On the
day on which the article was written he
had met Buster in the police office. Bus
ter said he had agreed to buy watch
and chain for $51 and had paid $l1 on
the chain and 81 on the watch. A few
days later he concluded that he would
not take the watch and chain, and had
gone back to get the money and it was
refused. Buster described the shop
where he said he had been swindled and
the woman who kept it who resembled
Mrs. Ferner. Buster said he was going
to swear out warrant for the arrest Of
the person who swindled him, and wit
ness wrote the article believing it to be
true. He did not know that he had been
misinformed about the location of the
the shop until some days later.
Constable E. R. Smith testified that
Buster had gone into the City Justice 8
Court and said he wanted to swear to a
complaint. He said he had deposited
$12 on watch and chain, and when he
went back and wanted his money re-
funded the pawnbroker refused. Wit
ness had asked Buster as to the street
and Buster had replied that he did not
know the name of the street. Witness
also asked him if it was Mrs. Ferner's
place, and he said that he thought that
was the name. Witness told him to 90
to the District Attorney if he wanted a
complaint.
Captain Loomis testified that Buster
had said to him, ''If we win our suit
against the EGpress there will be some
thing in it for you."
Mr.. II. q. Osborne, of the Express,
testified that he had not seen the article
until it was printed and did not know
it was incorrect until the next day. He
had instructed reporter to investigate
the matter and had become satisfied that
an injustice had been done Mrs. Ferner
He then caused to be published an
article correcting the same. This closed
the evidence and after argument it was
submitted to the jury about O'Clock.
The jury brought in a verdict in favor
OF plaintiff for $500 at about 6 80 O'Clock.