Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-01-23
GUILTY AS INDICTED.
Senator N. S. Quay Wins His Libel
Suit Against the Post.
DEFENDANTS TO TAKE AN APPEAL.
Judge Porter Charges the Jury Two Hours
and Quarter.
OTHER LIBEL SUITS WILL BE PUSHED

. CLOCK laSC evening i'll tue CAST Ot tue IOul-
monwealth against the Post Publishing
Company, a corporation, A. J. Barr and
James Mills. The victory for Senator Quay
was expected since the trial commenced.
The defense established is admitted to have
been strong, however, and that there was a
doubt in the jury as to what the verdict
shonld be was evidenced by the fact that it
took from 3:1J to nearly o'clock to resch a
conclusion.
Notwithstanding that the charge of the
Court was two hours and quarter in length
the jury returned, after deliberating three
hours, for further instruction. 1t was stated
that it was in doubt as to whether the in
dividual members of the Post corporation
should be mentioned and also whether the
offense would not be lighter if it were re-
turned that there was negligence but no
malice in the publication. The latter point
was taken to indicate that the jury did not
consider the crime a serious one, but the
Court ruled that no distinction could be
drawn. 1t is stated by the defendants that
an appeal will be taken.
The trial lost none of its interest vester-
day and was watched by as large crowd as
on the two DAYS before. The best known
attorneys of the bar were present to hear
the arguments and listened to them with as
much attention as if engaged on the case
themselves. Senator Quay came in an hour
late, but made up for loss of time by ques-
tioning Major Montooth about what had
been said or done.
The Necessity of a Free Press.
Attorney J. Scott Ferguson argued for
the defense. He recited the old libel law of
England and the advancement made by
Pennsylvania since then. Where there was
not free press he said, there was despot-
ism, and cited the fetters on Russian publi-
cations to prove the assertion. In review
ing the evidence he admitted the falsehood
of the alleged libelous article, but claimed
it was privileged from the fact that
the Post was not Influenced by malice in
publishing it and had exercised ordinary
care in ascertaining its truthfulness. To
prove that Mr.. Barr had no malice against
Senator Quay, he cited their friendly rela-
tions in the court room, which all had
noticed. In proof that the Post had not
been negligent, he claimed the assertion of
Attorney General Hensel, a sworn officer of
the State, conducting an investigation into
the keystone Bank affairs, was enough to
justify a publication with reference to de-
yelopments in the investigation. Mr. Fer
guson talked over an hour and brought out
many features of the law that were listened
to attentively by both Judge and jury.
Attorney Marshall's argument for the
prosecution was satirical, and at the same time
dealt with the points of law as brought out
by the defense. He defined malice as that
,r oso1
man has no heart. As an illustration, he
stated that malice would be shown by man
going to the top of building and throwing
a stone in the crowd beneath regardless Of
who it would strike He claimed the Post
had shown malice, and asked if they would
have printed the certificate of deposit if the
name ofthat good Methodist, r. f. Pattison,
had appeared instead of NJ. S. Quay. He
thought they would not, and that instead
they would have put it in the Office safe and
have sworn by all the prophets of the Demo-
cratic party that it was not true.
The Judge Defines the Case.
Judge Porter's address to the jury occu
pied two hours and a. quarter. He explained
that there were three detendants-the Post
Publishing Company, A. ]. Barr and James
Mills After explaining the preliminary
points of Law, he indicated that the case
rested on two things-malice and necessity.
He defined malice as recklessness of CON
sequences, or any injury intention
ally and without proper cause inflicted
on another in manner which must neces-
sarily prove painful. 1t was not necessary,
he said, for the Commonwealth to prove
unfriendliness between the accused ard
the accuser. Referring to the case in
question, the Court held that the mere fact
that the Attorney General had an opinion
was not sufficient to Justify the publication
In closing Judge Porter said sIou will not
dispose of this case on any political grounds
Unless you are satisfied that politics may
have had influence on the persons in
volved."
After the jury retired court took recess
until 6 o'clock. When it reassembled the
jury came before the Judge and asked for
further instructions. The Court went over
the case at length, reciting the principal
points, and at the request of Attorney Barr
of the defense, stating that the defendants
did not admit that they knew the publica-
tion was falsehood when it was printed,
but had learned so since The jury was only
out about five minutes the second time and
returned verdict of guilty. The result
was telegraphed to Senator Quay, who had
gone to Beaver at 5 o'clock. Before going
he stated that as soon as the cases could be
prepared he would proceed with his civil
suits against ex-Chairman Kerr and the
Meadville Messenger.
The d DEFENDANTS Statement.
The fonowing editorial, which will appear
in the Post this morning, is given out as the
statements of the defendants:
The jury in the Post-Quay libel case has
found verdict OF guilty. This cannot sur
prise the public, as it does not surprise US.
A Republican Court. a Republican Prosecut- |
ing ATTORNEY and Republican jury have |
, Democratic journal OF libel on d |
leader of tic Republican party.
In the Quay trial at Beaver, the first part |
Of the week, the Republican prosecuting |
attorney took the jury panel of 80, selected |
l6 Republicans out OF it and stood aside ali |
the rest. Two Of these Is were brothers-in-
aw of two of his attorneys; two were Re-
publican office holders, and fifth was a
man standing close to Senator Quay, who
was stated lip that county as frequently hav-
ng handled his political bets. The defend
ints were then given the cherries right of |
striking off OF these 16 men, and going toel
rial before 1.-THE remaining - OF course
here was a verdict OF guilty.
he Pest the Republican District Attorney.
.dopting the policy OF his Republican,
rom the panel of these failed to, answer,
eaving 46 out 9f which to select a Jury OF
?. Out OF these District Attorney Burleigh
nd Mr.. Quay's private counsel selected 16
naming 80.
Little Room to Choose.
The only right Of choice allowed the de.
endants was to strike out of these le.
even after the defe endants had exhausted
heir four challenges, and were absolutely
,owerless in the matter of selection the
stood aside other jurors.
In this manner were the juries selected in
'eaver and Allegheny counties by Mr.
,uay's private counsel and the Republican