St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-12-31
MABEN GETS STUCK.
He Is Found Guilty Of Grim
inal Libel and Is Fined
$100.
Rumors Of Arrests - What
Henry Giertsen Has
to Say.
The Turner Building and Loan
Association Muddle--In-
vestigation Begun.
The City to Save $4,000 in
Street Lighting--A Big
Warranty Deed.


of Police WinslOW NJ. Bracket. In the
course of his remarks to the jury Judge
Emery said: 1.-The defendant is charged
with maliciOusly publishing libel, con
sisting of an alleged affidavit and COM
mentS thereon. The complainant was
and rs public officer. and the matter
alleged as constituting the libel was
published of HIM in his official as well as
his individual capacity, and charges him
with accepting bride for violation OF
an official duty, and with gross lewdness
and immortality and corrupt misconduct
in Office"
A libel under the law was defined as
"a malicious publication by printing
which exposes the complainant TO
hatred, contempt, ridicule or OhlOquy, or
which causes or tends to cause said COM
plainant to be Stunned or avoided"
"A publication having such tenden-
cy or effect is 10 be deemed malicious If
no justification or excuse therefore Is
shown. The article in question being
libelOus in itself, is presumed by the
law to be false until its trnth is estab-
lished by competent evidence. II the
matter complained of, though false, was
published by defendant in the honest
belief of its truth. on reasonable
grounds, then such publication was ex-
cuseu. Every editor or proprietor OF a
newspaper is chargeable with the pub
LEGATION of any matter contained IN such
paper unless he proves that the llbe!ous
matter matter was published without
his knowledge and against his wishes.
Great stress is laid on the liberty
of the press and it is one
of our constitutional guarantees
that, all persons may freely speak
and publish their sentiments upon amy
subject being responsible for the ab-
use of such right. The press has no
right. privilege or immunity not en-
loved by every individual citizen. Its
publications must be justified by facts
as known to the publisher. and must
proceed from proper motives. The
rights and liberties of the citizens must
be considered as well as those of the
press. and the latter must be exercised
with due regard to the former. You
are TO determine from all the circum-
stances of the case whether or not the
publication here proved constitutes such
fair. candid and proper comment as is
within the privilege and duty of the
press. The publication being admitted
ana its falsity presumed. you must an
swer three distinct propositions.
.First-Did the defendant honestly believe
the publication TO be true!
''Second-Did he have, upon the facts and
circumstances known TO him, reasonable
grounds TO believe it true?
''ThIrd-Does the publication go no further
than candid statements OF the facts so Tea-
sonably believed aud fair comments upon
the conduct of COMPLAINT in respect 10 pub
lie affairs:
UNLESS from the evidence you can
and do answer all of these propositions
in the affirmative, then the publication
is not privileged and has not been 'eX-
cused,' and nnder the law and the evil
dence the defendant is guilty."
During the charge the court stated as
d fact one thing that is not generally
understood. In charging the jury
Judge Emery SAID that, as the makers
of the various affidavits had nothing at
stake when they made them. they could
not be punished for perjury if the affida-
Wits were proven to be false, and he de-
clared that they amounted to nothing
more in the eyes of the laws than mere
written statements which had been
signed by the parties making them.
Counsel for Mr.. Maben took a number
OF exceptions to the charge to the jury.
When the clerk had recorded the YER
dict Assistant City Attorney Hall
moved for sentence. Calling Mr..
Maben to the bar Judge Emery in
CURED
Have you anything to say. either by
yourself or counsel, why sentence should
not be passed upon yOu?
"Only that am not guilty." replied
Mr.. Maben. IL printed those affidavlts
81. -, I,
that | had a perfect right to do so under
the law"
Judge Emery, in passing sentence,
said that if he was assured that Mr.
Maben would take the verdict of the
jury in good faith, and make retrac-
ton of the libelous articles, he would
be disposed to deal leniently with him.
He then imposed fine of 500, in de-
fault of the payment of which he was
ordered to be imprisoned in the county
jail for period not exceeding ninety
days.
Notice of an appeal to the supreme
court was at once given. ana stay of
sentence was ordered, Mr.. Maben fur
nisbing bond Of $500 for his appear
ance.
During his speech to the jury County
Attorney Nye prOpheSied that the end
of the investigation had not been
reached in the arrest of Maben, and in
timated that several more arrests would
follow, Since the conviction of Maben
it IS openly said by Chief Brackets
friends that more suits will follow.
Among the number who are said to be
on Chief Brackets list are Police COM
missioner Gjertsen, his brother, Attor-
ney Henry J. Gjertsen, Lars NJ. Rand,
and Sam L. johnson, who fun nished the
affidavits and wrote the comments
which resulted in Mabeu's conviction.