Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-05-13

DISCUSSING RErRAcrIoNs.
Mr.. VIM. L. Crounse. the World correspon-
dent. and his counsel. Mr.. Andrew Lipscomb,
went to the Police Court at I O'Clock today TO
answer the charge OF criminal libel brought
against MT. Crounse by DIR. William A. Ham,
mond.
Dr.Hammond was also on hand. accompanied
By Mr. Samuel Maddox. his counsel. The case.
which is one for the grand jury. came before
Judge Miller as a consulting judge.
Mr. Armes, the assistant district attorney.
appeared as prosecutor. The case was not
taken up until l:30 o'clock.
Mr. Armes stated that he understood the
reading of the warrant was waived.
1T is very necessary TO read it," said the
judge. Il haven't read it, would like to
know whether it is libellous or not"
Clerk Potts took the warrant. aud leaning
against the judges desk. read from the war
rant tne Washington dispatch to the Horid
on which the libel prosecution is based. Mr. Potts
nad some difficulty with some of the technical
words used, but finally got through the ac-
count given by the World of an alleged oper-
alton performed by DIR. Hammond of removing
"sebaceous wen" from the head of Mrs STAN
iord, Tor which service. IT was stated by the
Hor'd, Dr. Hammond received a fee Of 5000
Dr. Hammond was the first witness and he
was cNhulineu DN MIR. Armes.
DIR. HAMMOND rEsrrrrEs
DR.. Hammond testified that he was physi-
clan and conducting sanitarium. He was, he
said, surgeon general of the army on the re-
tired list. He said he saw the article in ques-
ton in the World of the 22d instant and tele-
phoned to the Horld bureau stating that the
article was wholly false, and asking that the
| statement be retracted.
He was answered by whoever was at the tele-
phone that an immediate retraction would be
made. The witness said no retraction an
peared the following day. subsequently the
| witness telephoned again to the World bureau
| and was told Mr.. Crounse was not then in but
when he came IN he would attend TO the mat
| ter. Or. Hammond said he put the matter in
the hands of Mr.. Maddox. his attorney
| Mr.. Crounse came 10 see witness SATURDAY.
| night, April Is. anu said the story had been
| told him several days before: that he had made
due inquiry and had satisfied himself that il
was true Having ascertained then that it was
| not true he said he would publisha denial. The
witness said that he would require that the re-
| traction be published on the same page and be
as conspicuous as the original and that Mr..
Crounse should disclose TO him the name of his
| informant.
| To the first condition witness was positive
| Mr.. Crounse agreed; to the second as to di-
| vulging the name of his informant. he said
Mr.. Crounse said he would consider the mat
ter. On the following day the Horid published
denial as coming from the witness. He said
1t was on the third page and inconspicuous.
He on the next day received a letter from
Mr.. Crounse inclosing the clipping from the
| World and stating that it had been telegraphed
| too late to get on the first page.
CRoss-ExAMINED BY MR.. LIPscoNB-
| On cross-examination by Mr.. Lipscomb Dr.
Hammond said he had not seen a publication
of denial by him in the World of the oath in
slant. Mr.. Lipscomb produced copy of the
World of that date containing brief denial by
DIR. Hammond. DIR. Hammond also produced
paper of that date which did not contain the
denial
Judge Miller remarked that he understood it
was habit OF papers in New York to have sew
| eral editors.
DIR. Hammond said in response to Mr. Lips
| comb question that he had known Mr.. Crounse
personally before this occurrence and was not
unfriendly: he had, he said, no desire 10 punish
| Mr.. Crounse.
what You want him to do" said Mr. Lips
comb, sis TO tell you who originated this
| story
WHAT THE DOCTOR WANTS.
| 81 want more than that" said DIR. Hammond.
Such a story is calculated to do me great deal
of injury and has done me a great deal. IL
people understand that charged 5000 for
| the simple operation of removing n wen il
would keep people away from my house."
Doctor, said Mr.. Lipscomb. ''it will keep
the poor ones away, but will make the rich ones
| come"
No." said the doctor. sit will keep all away.
l want something" DIR. Hammond continued.
| Ito counteract the deleterious effects of this
publication. want vindication."
| JIdge Miller remarked that one Of the OBJ
jects of prosecution for libel was to secure
| vindication.
LAWYER MADDOX TEsrIFTEs.
Mr.. Samuel Maddox. DIR. Hammond's legal
| olx-isa lal 20
fed to interviews with Mr.. Crounse and efforts
| to secure a retraction. He said Mr.. Crounse
told him he found the original story on his
| desk and sent ont TO inquire about il and being
informed that it was true sent it to the World
that night
Mr.. Maddox said that the matter was being
| widely republished from the World and DR..
Hammond wanted to stop il. He said he told
Mr.. Crounse that if he had been imposed upon
and would give the name of his informant DIR.
Hammond would get at the originator of the
story and get his vindIcation from him.
THE AUTHOR OF THE STORY WANTED.
''That's just what you want" said Mr.. Lips
comb. You want to get at the man who told
! Crounse."
Mr.. Lipscomb remarked that the United
States had nothing TO do with that: that the
| government could not be used in that way.
NEVER TOOK But ONE WEN FROM ANrBopY's
i
| After Mr.. Maddox left the stand DIR. Ham
mond was briefly recalled and said the story
published by the World was untrue.
| "Inever." he said, performed any operation
| on Mrs. Stanford. 4 have not attended her
| since ten years ago when / was called TO see
her in consultation. 1 never took but one wen
out of anybodys head-that was my cook and
| didn't charge her 5000"
| After this there was considerable talk be-
| tween counsel and court on the character of
criminal libel and the effect of subsequent pub
| hcations in the nature of a retraction.
| Judge Miller said that the criminal law was
| to be so administered not not to infringe
| upon the liberty of the press. Ii was the duty
of the press to lay before the people acts of
which the public should be advised.
In considering the case he remarked that IL
| he were sitting on a petit jury trying a case
| like this. where the person charged with libel
| had taken steps to retract the Hbellous state
ment he was doubtful whether he would con-
| Wet.
He had no doubt that the statement was
hbellous one if untrue.
CRoUNsE HELD FOR THE GRAND JURY.
He thought that there was sufficient case
here for the grand jury. Ii the denial had
been made by the same authority rs the origi-
nal statement-by the authority Of the Word
itself-he believed that there would be no case
for the grand jury. As it was there was a sedi-
meut of libel in the case and he would hold the
defendant for the grand Jury.