Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1890-05-09
LIBEL SUIT.
L. N. Loomis versus T. L. Blank.


paper, two years ago, by L. n. Loomis
for crlticising him as d public ohcer,
during the political campaign OF 1883.
The case was brought up in the, 1all
term of 1888, but was continued, owing
to some defect in the legal documents,
The case was set for trial OR Tuesday
of this week. After some challenging
a jury consisting of H. L. England, NJ.
H. Martin, 7. X. Ford, j. E. White, S.
A. King, Geo. Housner, Geo. Eastman,
Richard Dalton, VIM. Orr, S. X. Atkins,
VIM. Horsley, and 5. A. Regal were
chosen. These men are representative
farmers and Taxpayers Of Jerauld
county, and both parties of the suit
seemed satisfied to trust the decision
to their judgments.
Looms attorneys were o. F. Wood
ruff of Morrison, ILL.,, and I. II Null of
Huron. Blanks attorneys were A.
Converse and A. Gunderson of Wes-
sington Springs and r.. A. Moses of
Woonsocket. The attorneys on both
sides did their best to bring in evidence
in proof of their assertions, but little
evidence was allowed either side, and
at the summing up of the case the re-
suit seemed to rest entirely on the jury's
opinion of the article, claimed to be
libelous, and the motive with which it
was written. The defendant had plenty
of evidence to present justifying the
articles published, but owing to some
cause not quite clear, the Judge did not
allow it presented. Loomis had wit
nesses. presumably ready to testify that
the article in question meant what he
Noomis) said it did, but the Judge
would not admit their evidence on the
grounds that the juryman were as well
qualified to Judge of tho meaning and
intent of the article as any witness
Loomis might "trot up
The plea before the jury occupied
three hours. one hour and a half being
given each side. The court adjourned
at 10 o'clock Tuesday evening, the
Judge postponing his charge to the
jury until 8 o'clock Wednesday morn
ing. The charge to the jury was an
ablespeech perhaps three quarters of
an hour. 1t amply covered all points
of law governing the case and pointed
out facts clearly. The Judge solemnly
impressed the jurymen with their re-
sponsibilities in this important case
and they were given in charge ofsthe
bailiff. AS they slowly filed ont Of
the room each face bore the look of
earnest thought. which showed desire
to perform the work intrusted to them
consclentiously and well. After about
six hours of deliberation the jarymen
were again brought into the room and
an expectant hush fell over the court
room as the foreman, II. J.. England,
handed the verdict to the clerk who
read; 1--WE, the jury find for the plain
tiff, and assess the damages at One
Dollar"
This verdict, according to our laws,
throws the burden of the costs on the
plaintiff.
The case was an important one to
newspaper men as it involves the
right OF a newspaper to criticlse the
acts cf a public official and the jury
virtually declared in favor of the free
dom of the nress
Z. W.Hill was over from Stock last
Friday enroute home from southern
Nebraska Geo. Havens came over
from the Springs to furnish music for
the May dance IN b Miller ana eye
editor" have madea trade and the for
mer prides himself on having a neat
cottage and the writer on owning 100
acres Of Jerauld county land-ES Wat
erbury has rented Mrs Sweeney's old
building and is fitting it up for a ma
chine depot. Mr. Waterbury also hand
les implements at Washington Springs
and at Waterbury, but we believe in
tends to make the Woonsocket house
his head quarters-EF Harmston of
Jerauld county, who has been doing
the surveying for Messrs. Northey Il
Duncan, is prominent candidate for
superintendent of schools of Pine
Ridge Indian agency, with pretty good
prospects of success. The position is
worth about 800 a year-This city
has joined hands with Messrs. Northey
s. Duncan and an effort will be made
to find northeastern outlet for the
surplus water from the artesian well.
The surveyor, + S Harmston, reports
this good route and thinks the cost of
ditching will not exceed $75O.-Report
comes from the Springs that Robert
Hay, of Kansas, field geologist OF the
artesian irrigation committee, paid a
visit to the hills to examine the re-
ported cement deposit and finds it to
be of a superior grade. Rev d S Nc
Caslin Ut Huron, who accompanied the
gentleman, was quite enthusiastic
when approached on the subject by our