Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1892-01-20
SENATOR QUAY WINS IT.
His Suit for Criminal Libel Dc
cided in His Favor.
THE LIE EXCHANGED BY COUNSEL.

THE LIE EXCHANGED BY COUNSEL.
Lawyer Dongherty Starts a Lively wran-
gle IN Court BY Declaring That the
Case Was Tried by Partisan Jury.
The Penalty for tho Onense.
BEAVER, Pa, Jan. Ex-senator Quay has
won the first Of his criminal libel suits. The
jury in the case against the proprietors Of
the Beaver Star brought in a verdict Of
guilty as charged after being ont only
about ten minutes The defendants practi-
cally confessed their guilt, but tried TO throw
the onus on Democratic State Chairman
/ Kerr.
The proceedings were enlivened by an ex-
citing tilt between the opposing counsel,
during which the lie was frequently ex-
changed. Lawyer Dougherty, counsel for
the defense, In his speech to the jury, re-
sumed bis attack ON the prosecution for It's
alleged partisanship. He charged that it
had packed the jury with Republicans by
making every man stand aside who was
tainted with Democracy
Lawyer Buchanan resented this by calling
Mr.. Dougherty liar He said that any
man was liar who dared to assert that
such methods had ever been followed in the
Beaver county court in the selection Of a
jury.
The excitement in the court room in
creased as the angry lawyers faced each
other, hurling the lie back and forth
Judge Wiekham raped for order and
called an immediate halt on any PERSONAL.
until the close OF Mr. Dougherty's argument.
when be once more returned to his accusa-
tion Of packing the jury He also made a
sharp onslaught on Senator Quay, and was
called 10 task for it by the other side
John A. Mellon, one Of the defendants,
was the only important witness for the de-
fenBe. He testified that the electrotype OF
the certificate Of deposit was sent 70 his
newspaper by Chairman Kerr, with a slip OF
printed paper. A letter accompanied the
package requesting the immediate publica-
tion Of the matter forwarded The Star re-
ceived II as it was going TO press in the ar
ternoon and had no time to investigate it.
Dougherty's Caustic Remarks.
The defense here rested and each side
made its argument 10 the jury Lawyer
/ Dougherty spoke for the defense and w H.
5. Thompson for the prosecution In open
ing his address Mr. Dougherty said
What have we here in this easei We
have a United States senator coming into
court against a little newspaper Why was
this course tasenl Why was John W. Smith
made TO stand nside9 Why was every man
Of his kind made 70 stand asidel Why was
John Breckinrdge, a Prohibitonist, treated
in the same manneri Il a not your fault,
| gentlemen Of the jury, that these things
were done do not blame you, nor do
wish 20 reflect on you in any way. II Is my
duty TO say these things, but it Is a painful
/ duty 10 me, No one owns me, I'm free
born American citizen. say it were ten
times better for Senator Quay to 20 out Of
this court room with the costs Of the case
on his back than TO come here and pack
| jury
Lawyer Dougherty argued that the ar
ticles in The Star were tit for publication
because the name Of Senator Quay was CON
nected with those Of Bardsley and Marsh
on the certificate Of deposit The city Of
| Philadelphia and state Of Pennsylvania had
been robbed Of 81 5000 and the press Of
the country had a right to take up every
thing in connection with that gigantic steal
II would rather be John A. Mellon or
William II, Porter exclaimed Mr.. Dough-
erty, turning 70 Senator Quay, ethan a sem
ator Of the United States with a brand on
me as indelible as that on Cain-of coming
here and packing a Beaver county jury
The man who says that a jury was ever be-
fore selected in this courtroom by the same
method the jury in this case was selected
should write himself down as an infamous
liar
The Lie Passed.
"Weil write it down, suggested Lawyer
Buchanan
Il win, retorted Mr.. Dougherty, "and !
say the man who makes such an assertion is
a liar
you're liar yourself, hotIy exclaimed
Mr.. Buchanan, jumping from his seat, livid
with rage.
'Gentlemen, gentlemen z interrupted the
court, "this must stop You win have to
drop these personalities. This is no place for
themn
The lawyers quieted down on receiving
this admonition from the court, and Mr..
Dougherty finished with another TRADE on
the alleged packing Of the jury
Lawyer Thompson made a strong plea for
the prosecution. He denounced the state
ment made by Mr.. Dougherty about jury
packing as a wanton attack on the COM
monwealth and most outrageous act Of
unprofessional conduct on the part Of an at
torney.
Judge wickham then charged the jury,
and defined the rights and liberty Of the
press.
IF there We're probable cause he con-
tinued, ''even though the publication was
false, the defendants would not be guilty Of
libel If the statements were false and pub
lshed maliciously and negligently, then they
we're guilty.
The jury retired and came into court with
a sealed verdict. II was handed to Judge
Wickham, who tore open the envelope,
glanced at its contents and handed it to the
clerk of the court, who read, Guilty as
charged in the Indictment
Prosecuting Attorney Wickham and Law
yer Buchanan did not know when sentence
would be pronounced The maximum pen
Atty is 81 600 fine or twelve months impris-
onment, or both. There is no minimum
liked, and the sentence can be as low as one
hours Imprisonment. There is still a suit
for $4,000 damages, brought by Senator
Quay, pending against The Star.
Colonel Smith Gets a Hearing
HARRIsRuRQ Jan 91-G0veruor PATH