St. Paul daily globe., 1889-06-15
THIS TELLS THE TALE
The Malodorous HertogS Case
Now Ready for the
Jury.
The Plaintiff Scored for Not
Daring to Take the
Stand.
There Is No Present PrOba-
bility of a Foreclosure on
the Labor Temple.
Two Advantageous Offers for
Luther College--NeWs Of
Friday.

iShed at last, and the first thing this
morning Judge Young will charge the
jury and send it out to deliberate on a
verdict. For four days the case has
run its length, and for four days wit
nesses have told stories of woman
perhaps never paralleled in court
room. The testimony in support of
the charges has practically gone
in without denial or contradition,
and every essential charge has been
proven by one OF more witnesses. Yes
terday'S testimony was less sensational
than usual, as that for the defense was
all in. while that for the plaintiff in re-
buttal was of such character that it
admitted of no additional developments.
The defense had an array of witnesses
in readiness in case the Hertogs woman
was put on the stand. but she did
not appear. A number OF girls
who had sewed for her appeared to teS-
tlfy to her reputation, but it developed
they knew nothing of her outside OF the
sewing room. and a ruling of the court
excluded their testimony. In the course
of this ruling the court was compelled
to rake Attorney Torrance over the Goals
Oh his knowledge of law practice.
A police officer, fireman and another
gentleman testified they had never
heard bad of the plaintiff, and John S.
McLain, editor of the Journal, testified
as an expert that the published retrac'
ton appeared in the proper place.
had, according to the testimony. been
sent by the plaintiff to house of
shame, testified that she went of her
own accord and denied that she had re-
ceived presents OF dresses or money
from the plaintiff. This closed the tes-
timOny. There was an eXpectant pause,
as it was the general belief the plaintiff
would be placed on the stand, but for
reasons best known to them her attOr-
neys did not call her.
Hon. E. NJ. Wilson, in summing up
for the defense, made powerful and
convincing argument. He dwelt upon
the duty of newspaper in warning
the public of the danger which lurked
in such character as that Of pro-
curess, which was the greater
menace in that she was shreWd
enough to keep a good standing
in the community. The action, and the
expenses it entailed, were brought upon
herself, and if she dragged herself and
family in the mire, it was her own
fault. She had had the full retraction
the law provided, but had gone into this
suit for the money there was in it.
Having gone in it, she made no defense.
She had sat there bold and smiling in
the face of testimony that should have
made her blush; she had even
prompted her attorneys with nerve
and GOODNESS. but had then failed
to 90 upon the stand herself. 1t was
virtually an admission that to 20 upon
the stand would be to subject herself to
a cross that would open up
her dark career in way she could not
face. She had allowed the most dam
aging testimony to go uncOntradicted
and unchallenged, and the only infer
ence was that she knew it was true and
dare not question it.
The testimony was then completely
analyzed in its bearing upon the
charges. That of inducing girls to, go to
Montana, he declared, was completely
proved by a number of witnesses; the
only evidence for the plaintiff was the
deposition of girl who admitted hav-
ing seen Mrs. Hertogs in company with
the Montana keeper, and having also
seen her in houses of ill-fame in Butte.
The charge of having placed colored
girl in Minneapolis house, passing
her off as SpaniaId, was proved be-
yond the shadow of doubt, and not a
word to dispute it had been heard. In
fact, it had been shown the plaintiff
was sort of clearing house" for these
places of ill-repute, and this had
not been disputed. Not one word
from the plaintiff had been heard
in denial. The cases of Sadie
Smith and Nellie Turcotte were shown
to be true beyond cavil, and in fact
every charge made in the original pub
lication save the one in relation to the
Harmonic society. After reviewing
the testimony in forceful style, Mr..
Wilson closed a brilliant argument by
urging the jury to vindicate the cause
of humanity, morality and decency by
verdict for the defense.
Judge Torrance summoned up for the
plaintiff. His specious plea for this
woman's good name was marred some
what by the fact that he read his adj
dress from typewriter copy. He crit
icised the character of witnesses the de-
fense had relied upon, and denounced
the testimony as only an attorney can.
When he concluded it was quite late.
and the charge to the jury was reserved
until this morning.