Los Angeles daily herald., 1890-03-06
AROUND THE CITY.
The Libel Case Against the
Times"
FOR THE PLAINTIFF
The Citrus Fair PreparatiOns-Li
brary Matters Discussed-Other
Local Events.

In the libel suit of w. A. Ray against
the Times the first witness called yester-
day was w. G. Miller, the reporter who
wrote the article. He testified that he
was in the Office of Lester F. Scott when
he heard of the alleged relations between
the banker and the blonde. He wrote
the article and submitted it to the city
editor, who referred it back to hiA for
further corroboration. He made in
quiries as to the standing of those from
whom the information came, and 80 far
as he could learn they were respectable
people. He 80 reported and the article
was published. He did not know Colonel
Ray at the time.
Willard, of the Crown Villa hotel, was
then recalled. He told of a visit Ray
paid the hotel May 81, 1889. 1t was a
Sunday afternoon. He went to Mrs.
Nichols's room and closed the door. The
witness put his ear to the keyhoe, but
could not hear what'was said.
Mr.. Higgins was recalled. He said he
had seen the banker and the blonde often
on the street together. He told of one
particular day when they had stood
| together for some time talking, the young
woman holding the banker by the lapel
of the coat. He had seen them dozen
times in all talking together on the
streets.
On cross examination Mr.. Williams
attempted to make it appear that the
witness ought to have told all this on the
previous day, but he said he did not tell
it because he had not been asked. After
leaving the stand he had said
the attorney had not drawn out
all he knew. He was again subpp.
naed and had now told it all.
W. A. Spalding, city editor of the
paper, was recalled. He was asked if at
the time he had published the story he
believed 1t true, but objection was made
by the plaintiffs attorneys. Mr.. White
said he offered this not as justification OF
the publication, but in mitigation, if any
damage had been done. As mitigating
circumstance the answer was admitted,
Mr.. Spalding swearing that he published
it because he was convinced of it's truth.
Here the defense rested their case.
In rebuttal the plaintiff called DR.. A.
H. Davis. He knew Mrs. Nichols. He
thought her reputation good. She was
patient of the doctors. He visited hel
twice on the 22d of February. 1889. Sht
was sick in bed. She was unable to b'
up. It was not physical impossibility
for her to have gone down to the banE
that day, but it was very improbable thai
she should do 80. She was suffering
from Inflammation of the uterus and
ovaries. 1t was bad case.
The deposition of DR.. Richard Jacob
More was introduced to much the same
effect. He treated Mrs. Nichols
She was suffering from chronic
disorder of the uterus. The organ
had suffered displacement, and ii
was infamed in the lining. She could
not have become pregnant under the Cir
cumstances, and as matter of fact she
had not been pregnant while she was
under his care.
Gaorge B. Post, bookkeeper of the
bank over which Ray presided, was
called with his ledger. He showed that
Mrs. Nichols had done business at the
bank from November 10th, 1887, until
about the time she had left Pasadena
In that time she had deposited $25, 5000
$l35, $1,000. and 500; total, 1885
Mr.. Post further testified that on banl
holiday in the early part of 1889 lady
called at the bank during the afternoon
Colonel Ray admitted her. Post stayed
nearly an hour. and when he left the
bank Ray and the lady were still there
Post did not know her; but she was no
Mrs. Nichols, whom the clerk knew we'll
He could not fix the day, excepting BY
saying that February 22d was the only
bank holiday occurring at that time o.
the year.
Mrs. Ray was then called. Her nam,
is Susan G. Ray. She marrie'
: Colonel Ray twenty-seven years ago las
October. 1t was in 1862. They live
two years in Dslevan, Wisconsin
twenty two years in Chicago and the res
of the time in Pasadena. She recalle,
May 81. 1888. 1t was the birthday o
her youngest son. They always cele
brated the birthdays of their children
They did 80 on this Sunday. There wa
dinner, which was finished about 2 :3
in the afternoon. She could not fix tn
events of the day later than about tina
time, but she thought Ray had been q
home all the afternoon.
Colonel Ray was recalled. He re
membered May 27, 1888. He had gon
to church in the forenoon with Mrs. Rs
or her sister, probably the latter. The
returned about O'Clock. The birthda
4 dinner followed. 1t was nearly 3 befor
: it was over. He remained at home al
that afternoon. He also remembere
the afternoon of February %, 1889. HI
. was at the bank. He remembered
lady who called at the bank t
: see him. She stayed nearly tw
hours. She was Mrs. Burge, of Chicago
It He had known her and her husban
n many years. Mrs. Burge was stoppin
in Los Angeles at the time. She drov
a out with gentleman whom Ray did nc
:. know. He did not meet him. When
returned for Mrs. Rurge, Colonel Ra
was watching at the window for hin
: told Mrs. Burge her carriage was thel
and saw her to the door.
He first met Mrs. Nichols on the afte
noon of February 8, 1888. She came 1
' the bank to make deposit. He did n,
e speak to her. In March followin
!. he became on speaking tern
e with her. He saw her ont
q at the Grown Villa. He went there
- ask for P. r. Prescott, who had give
Ray music lessons and who owed IL
bank money on q note. Prescott hs