The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1892-01-21
QUAY WINS HIS SUIT.
PRoPRlEToRs OF THE BEAVER STAR
GUILTY OF CRIMINAL LIBEL.

PRoPRlEToRS OF THE BEAVER STAR
GUILTY OF CRIMINAL LIBEL.
The Plea of Privileged Publication Not
supported-Jury Out But Twenty Min
utes-Opposing Counsel Cause sensa-
tional Scene-BOtb Sides Of the Gaze.
BEAVER, Pa, Jan Ex-senator Quay
has won the first of his libel suits. The
jury in the case against the proprietors
of the Beaver Star brought in verdict
of guilty after being out only twenty
minutes.
The proceedings were enlivened by an
exciting wordy scrimmage between the
opposing counsel. during which the lie
was freely passed Mr. Daugherty in
his speech to the jnry resumed his at
tack on the prosecution for its alleged
partisanship, again charging that it had
packed the jury with Republicans by
standing aside every man tainted with
democracy. He denounced as liar
any naa who dared 10 assert that such
a method had ever been followed in the
Beaver county 'Ourt III the selection of
a jury.
Mr.. Buchanan resented this by de-
nouncing Mr.. Daugherty as liar
Things grew very warm at this point.
The excitement in the court room was
intense rs the angry lawyers faced each
other, hurling the lie back and forth.
Judge Wickham raped them down in
short order and called an immediate
halt on any further resort TO personali-
ties. No other outbreak occurred until
the close OF Mr.. Daugherty's argument,
when he once more returned TO the
partisan and jury-packing charge,
making a fierce onslaught on Senator
Quay and being vehemently called down
for 1t by the other side
Evidences for the Defense.
The defense opened the testimony on
its side by calling Taylor Faunce to the
stand Mr., FaunCe isOne Of the experts
who examined the books and accounts
of the Keystone bank. He testified to
this fact and said the amount of John
Bardsley's embezzlement was about
81 $1,000 Bardsley was n defaulter on
Nov. 2S, 1890, he said. The certificate
of deposit was the only matter he found
connecting Senator Quays name with
the bank
John A. Mellon, one of the defend
ants, was the next witness. He testified
that the electrotype of the certificate of
deposit came to his paper from Chair
man Kerr with aslip of printed matter.
A letter accompanying them requested
their immediate publication, as the mat
ter was of the utmost importance. The
Star received it just before going to
press in the afternoon, and had no time
to investigate it.
On Cross-examinatiOn he pointed out
to the jury that part of the article
printed in The Star received from Chair
man Kerr
w. II. Porter, the other defendant,
testified to about the same facts as his
partner. He had no knowledge of any
of the Objectionable articles printed in
The Star before they appeared, except
the last one, which he said was read to
himself and Mr.. Richie before publica-
tion. Mr.. Ritchie is chairman of the
Beaver county Democratic committee
and one of the attorneys for the defense
Echoes of the EardsIoy Scandal.
Mr.. Faunce was recalled and asked
by Mr.. Daugherty:
Where is John Bardsley now2"
In the Eastern penitentiary.
How do you know"
II saw him there last Friday after.
noon"
The defense here rested, and Mr.: Mar
shall arose and asked the court to take
the question of privileged cOmmunica-
tion set up by the defense from the
jury. The court refused to do this, say
| ing he would leave it to the jury to say
whether or not the defendants exceeded
| the bounds Of privilege. While it was
| the duty of newspaper man, the court
said, to investigate a charge brought
against the reputation of u man before
| publishing it, still where n crime has
| been committed, a newspaper has the
| right to comment on it and all persons
whose names are connected with the
| crime, only in Il proper and decent way.
Mr., Daugherty argued that the arti-
| cles in The Star We're fit for publication
because the name of Senator Quay was
| connected with those of Bardsley and
Marsh on the certificate of deposit. The
| city of Philadelphia and state of Penn.
| sylvania had been robbed of 81 800 ,OOC
and the press had right to take uI
| everything in connection with that gi
| gantiC steal and there the communication
| was privileged, whether true or false
| unless done maliCiOusly.
Plea OF the Prosecution.
| Mr.. Thompson made very strong
| plea for the prosecution. He went ovel
the testimony relating to the certificate
of deposit transaction and explained the
law of libel, saying that privileged
publication calls for three things II
must be based on proper occasion, 4
proper motive and a reasonable anC
probable cause, neither of which, III
held, existed in this case, and he there
fore asked for a conviction.
The Charge TO the Jury.
Judge Wickham then charged tn,
jury, starting out by defining the right
and liberty Of the press and what may
and may not be printed, newspapers he
ing responsible for any abuse of tn,
liberty given them. He next explained
what privileged communications are
quoting freely from the constitution o
Pennsylvania. The occasion of Th
Stars publication, he said, was privi
legged, and papers had right TO nam
any one whoit was reasonably supposed
had shared in the Bardsley steal. S,
far as the evidence showed there wa
nothing in the case to Justify the publ
cation, so far as he could see, but tn
certificate Of deposit He said that i
The Star had printed the certificate in
proper and decent way and then aske,
if Senator Quay We're guilty there woult
be no libel in that. If there were prob
able cause, even though the publication
was false. the defendants would not b
| guilty of libel, If the statements wer