Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-01-20
QUAY WINS THE SUIT.
The Republican Jury Was Ont Barely
Twenty Minutes.
ONE THOUSAND DOLLARS FINE
Or Imprisonment or Both, is the Penalty At
tachsd to the LAVA Humorous Tilt Be
tween COunsel-Quays Suit Against the
Pitsburg Post Begins To-Day.

BEAVER, PA, January 19,-When
Court resumed in the Quay libel SUIT
this morning the room was crowded.
The interest increased as the case drew
towards the close and the proceedings
were listened to with wrapped atten-
tioD.
Taylor Faunce, of Philadelphia, the
expert accountant, was the first witness.
He had examined the books OF the Key
stone bank and found a deficiency OF
81, 500, 900, but found Senator Quay's
name upon the books Of the bank only
in the matter of the certificate preyi-
ously referred to.
John A. Mellon, one Of the defend
ants, was called and admitted the pub
lication. On October 81 he received a
communication from Chairman Kerr, OF
the Democratic State Committee, say
ing important matter had been sent for
publication. The electrotype was re-
ceived the following day near the time
OF going to press. He thought the
matter was for public information and
published it. The head lines Quay,
too, was in it" was sent upon slip OF
paper accom- panying the electrotype.
w, II. Porter, the other defendant,
said he had been connected with the
paper since September and knew moth
ing of the publication OF the certificate
in advance, except having seen the
electrotype. Mellon was recalled. de
said he had no knowledge Of the articles
I'm advance OF the publications. The
defense here rested their case.
The question was raised by Mr.. Mar
shal, for the prosecution, as to the ma
ture Of the publications. The court
said in reply that there Is distinct line
between a PRIVILEGED communication
and a privileged occasion. The view OF
the court was that the occasion was
privileged, but the communication was
not. ''It was the duty of the newspa-
per man, when he hears anything, the
effect of the publication 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 the office"
Mr.. Dalaugherty then began the ar
gument for the defense. He referred TO
the rejection of the Democratic jurors
and claimed the jury was packed. The
publication was near the close OF
heated campaign and insisted whether
true or false the papers had right TO
publish them as matter OF public In
terest, IL not malicious.
Near the close Mr.. Daugherty said ::
"If any man should say a jury was ever
before selected as this one has been he
would be branded as liar"
"Then say it, retorted Mr.. Buchanan
for the prosecution.
81 do say it.
"Then he is liar" exclaimed attor-
neys Buchanan and Martin in chorus.
The Judge here interfered and re-
stored order
Attorney Thompson then opened the
case for the commonwealth. He said
the right of the press must be always
subordinate to the rights OF individ-
ualS.
At the conclusion of Mr.. Thompson's
argument, Judge Wickham delivered
his charge, and shortly before l o'clock
the jury retired.
The jury after being out 20 minutes
returned verdict OF guilty as indicted.
The penalty is fine not to exceed 81 900
or Imprisonment, or both.
1t is believed that Senator Quay will
intercede in behalf Of the defendants.
After the verdict had been rendered
the defendants were permitted to de-
part, their bail being continued. SEN
tence will probably not be passed for
some days. Senator Quay and the east
ern witnesses took the first train FOR
Pittsburg.