The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-01-20
QUAY BEATS THE PAPER.
THE STAR CONVICTED OF PUB
LISTING A LIBEL.

| It's Owners Liable 70 a Fine Of 81 ,OOC
and Imprisonment - Quay's Name
Appeared on the Books Of the Key
stone Bank Only in Connection With
the Certificate Of Deposit.
BEAVER, PA, Jan. 19-When the court
resumed the hearing in the Quay libel suit
this morning the room was crowded. In
terest increases as the cases draw toward a
close. and the proceedings were listened to
with rspt attention.
Taylor Faunce of Philadelphia, an expert
accountant, was the first witness. He had
examined the books Of the Keystone Bank
and had found a deficiency Of 81, 5OO.O 600,
but found Senator'S Quay's name upon the
books Of the bank only in the matter Of the
certificate previously referred to.
WHERE THE STORY CAME FROM.
John A. Mellon, one of the defendants,
was called, and admitted the publication.
On Oct. q be received a communication
from Chairman Kerr OF the democratic
state committee, saying that important
matter had been sent for publication. The
electrotype was received the following day
near the time Of going to press. He thought
the matter was for public information, and
published it. The headlines, Quay, Too,
Was In IL, were sent upon slip Of paper
accompanying the electrotype.
w. B. Porter, the other defendant, said
he had been connected with the paper since
September and knew nothing Of the publ
cation of the certificates in advance, except
having seen the electrotype.
Mr.. Mellon was recalled. He said he had
no knowledge of the articles in advance of
publication. The defense here rested their
case.
NATURE OF THE PUBLICATION.
A question was raised by Mr.. Marshall
for the prosecution as TO the nature Of the
publications.
The court said in reply that there is dis
tinct line between a privileged communica-
ton and a privileged occasion. The view
of the court was that the occasion was
privileged. but the communication was not.
1t was the duty of "a newspaper man when
he hears anything, the effect of the publica
ton of which is to destroy the reputation of
a citizen, to examine carefully the alleged
facts. He has no right to publish all that is
dumped into his office.
Mr.. Dougherty then began the argument
for the defense. He referred to the re-
lection of democratic jurors and claimed
the jury was packed. The publication was
near the close of heated campaign, and
Mr.. Dougherty insisted that whether true
the articles as a matter Of public interest.
If not malicious.
FIGHT NARROWLY AvERTED.
Near the close Mr.. Dougherty said ex-
citedly: "If any man should say that
jury was ever before selected as this one has
been, he would be branded as a liar"
Then l say it," retorted Mr. Buchanan
for the prosecution. 81 do say it.n
"1hen he Is a liar" exclaimed Attorneys
Dougherty and Martin in a chorus.
The judge here interfered and restored
order.
The attorneys for the commonwealth
concluded the argument The judge charged
the jury, and the latter after being out
twenty minutes returned verdict of guilty
as charged. The penalty is a maximum
fine Of $1,000 or imprisonment, or both.
ANOTHER SUIT TO-DAY.
After the verdict had been rendered, the
defendants were permitted to depart, their
bail being continued. Sentence will prob
ably not be passed for some days. Senator
Quay and the eastern witnesses took the
first train for Pittsburg, where libel suit
against the Post will be tried tomorrow.
A civil suit for 100000 damages will come
up later. The case is exciting much interest
in journalistic, legal and political circles.