St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-12-28
The MAbEN TRIAL,
So-Called, Although Bracket
Seems to Be Really on
Trial.
S. T. Johnson the Man Who
Furnished the Aft
davitS.
Frank L. Bixby's Version of
"The Burglar" Success
fully Produced.
"La Grippe" Said to Be "on
the Police Force"
Now.

bench in the municipal court, and the
libel case of Bracket VS.. Maben was re-
sumed. Counsel for both sides were
evidently prepared for war, for good
sized law library was spread out on the
table between them, while numerous
and mysterious packages of papers were
kept close at hand and constantly re-
ferred to. The work Of securing the
remaining two jurors was taken ups
John r. Everard was accepted as the
eleventh man, after he had testified
that the only newspapers he read were
those published in New York and Chi
cagO. Mai. Il. r. Henderson was per
emptorilv challenged by the defense
and stood aside. while A. B. Hush and
JCOnrOy were excused for actual bias.
A. NJ. Shuey was challenged by the
defense on the ground of ACTUAL bias,
but after Mr.. Shuey had answered q
few questions, the challenge was with
drawn and he was accepted. This com
pleted the jury. which, for financial
wealth and business standing in tue
community, has perhaps never been
eXcelled in the history OF the city. The
twelve good men and true are f. q.
Barnaby, J. w. Lauderdale, c. L. Dye,
w. K. Morrison, Jacob Stone, w. L.
Bowen. Preston King, G. f. Haglin, J.
NJ. Hale, NJ. Lara, john II. Everard and
A. NJ. Shuey.
The court room was crowded when
Assistant City Attorney Hall arose to
make his opening speech 10 the jury. In
his speech he referred 10 the Declare
ton OF Independence, and quoted
''Our lives, our fortunes and our
sacred honor" In pathetic tones he
told of the physical weakness of the
state when that historic statement was
made. But the state has grown
strong" he exclaimed, ''the child has
| grown to manhood, and now the state
guards with jealous care the honor of
its most humble citiZer. This case is
action of the state of Minnesota against
G. B. Maben, who is charged with will
fully, wrOngfully and maliciouSly libel
ing Winslow NJ. Bracket, III this case
the sacred honor of citizen has been
| attacked. Honor to an upright man
| is more sacred than even life itself, and
| to asSail the honor of man who has
lived all upright life in this community
for twenty-five years is striking at his
very vitality"
Mr.. Hall then, in a dramatic tone,
! read the celebrated WauSch affidavit,
| laying particular stress and calling at
tentiOn to the InuendoeS contained in
the now famous paper. He quoted that
! section of the penal code relating to
/ libel and said:
Charles B. Maben has lived in this
community for some time. He may be
honest, but, Judged by this puOlica-
ton, he is either knave or a
fool. 1t is charged and rumored in
the community that Mr.. Maben is not a
hoH Int hot nth vrhn
practical and designing than he, have
fired these guns over his shoulder. /
! can conceive of Mr.. Maben as a sort of
modern Don QuiXote, with his national
arsenal filled with all the modern artil-
| lery, and the modern Free Lance of
! ancient knight errantry, who has looked
out of his small window and, seeing the
windmill which is grinding out the
crime which is rife in this community,
mounting his steed and, placing his
lance in rest, attempting to run it down.
An attempt may be made Oh the part of
the defense to prove the truth OF the
| charges; and, if this be the purpose, the
! state has no object in SuppreSsing any
! thing which is the truth, or which will
| keep the truth from coming out. We
| shall prove to you that the poison of
! this dirty libel was cOncOcted an dis
| titled In the national arsenal and placed
upon this Free Lance TO be thrust into
| the VitalS of WinslOw NJ. Brackett. 1t
was carried to his very doorstep, that
his cOnfiding wife and children might
read it and blush for shame at their
| loved ones disgrace"
THE EVIDENCE.
| Samuel T. johnson was the first wit
ness sworn by the state. In answer to
County Attorney JamisOn's questions
he testified that he had known Mr..
Maben since last fall, and he knew him
to be the editor and publisher of the
Free Lance. He had several talks with
Mr.. Maben about the affidavits previous
| to their publications, and had called at
| Maben's office to see him in regard to
| their publication. In response TO his
| request Mr.. Maben came to his Office In
the Rochester block. and read the five
affidavits. After Maben had read them
he said that if they were not true it was
strange that they should cerrobOrate
each other. Then Maben said he would
publish them, and the witness saw
| them printed in the Free Lance, with
| the exception of one. which mad not
been published. The affidavit known
as the Wausch affidavit was given to
| Mr.. Maben by Mr.. Johnson.
w. Ii. Donahue was called to show
that Mr.. Mabtn had admitted the publ
cation of the Free Lance.
SUPERINTENDENT BRACKETS STATE
MENT.
Winslow NJ. Bracket, the complain
ing witness, was called and testified
that he had lived in Minneapolis fol-
twenty-five years, and that he was now
the Superintendent of police. Mr.
Bracket testified that he had received
a COPY of the Free Lance of Nov. 9, 1899
at his home on Seventeenth street, anC
sWore that he had never subscribed FOL
it.
"Are the statements made in the
Wausch affidavit true?" inquired Mr.
JamisOn.
lone moment exclaimed Col. Ripley
Eve might Just as well make public oul
line of defense now. as it will save con
siderable time. Neither my health mol
nv inclination will allow me 10 go int
proving these affidavits true. We CLAIM
that the publication was allowable by
law and that it was juStifiable under The
law"
a long legal battle between the attor
enys on both sides followed, but Judge
Emery ruled that the truth or falsity o
the affidayits might 20 to show that thu
publication Of them was actuated by
malice.
Mr.. Bracket then said that the par
of the affidavit relating to the taking
into custody and that which related t.
the discharge of the women was true
All other statements are absolutely
false.
"On July g." said Mr.. Bracket,
sword was brought to my Office that ;
woman supposed to be procuress from
Brainerd was about to take an innOcen
girl under the age of sixteen years GU
of the CITY for immoral purposes. no
tilted the officer at the UPTON depot t.
take the parties into custody if they at
tempted to leave the city. When they
were about to board a train the Officer
arrested them and brought them to ny
Office. had them sent to the lookup
and detained until could have chance
| to consult with the city attorney ano
| the county attorney as to what charge
could make against them. Assistant
City Attorney Hall and Assistant
County Attorney Briggs went to the