The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1893-03-10
The Criminal
Libel Suit.

The AStorian was called. There wer
present, in addition to large numbe
of citizens. several prominent mem
bers Of the Portland bar, who appeare,
subsequently as witnesses for the de
fense. Prosecuting Attorney Barrett
assisted by Sidney Dell and G. ]. Cur
tbs, prosecuted on behalf of the state
and the defendant was represented b!
Fulton Brothers. Mr.. Dell began th'
proceedings by asking for two days
grace. He said that he noticed IL
court, several Portland gentlemen who
had been subpoenaed by the defense
and that he had been taken off his
guard. He set out the plea that he
should be allowed time to get wit
neses from Portland too.
The court allowed the prosecution
until this morning to procure wit
neses.
Mr.. Dell then stated that the order
for subpoenaes had been issued after
the subpoenaes were served, but was
compelled to retract this statement
when Mr.. Fulton produced the docu-
ment, legally signed and dated.
The following jury was then impan-
elled:
Ed. Richardson, ]. C. Pope, c. Oerk-
WITT, A. Leberman, Samuel Russell, w.
b. Ross, L. N. Shafer, John Boberg, H.
C. Harrison, A. V. Allen. H. Spellmier,
and Geo. Colmann.
Below will be found the evidence ad-
duced during the day.
Sidney Del lsworn on behalf of the
state testified on direct examination by
District Attorney Barrett.
l have lived in Astoria since the lat
ter part of 1890, saw the piece published
in the Astorian entitled "A Noble
Character" The assertions made ip
that article rejecting on my 'profes-
sional character are false.
Cross examined by c. w. Fulton
The charges rejecting on my personal
character are false-I mean the charg-
es calling me liar, falsifier and un-
worthy of my profession as attorney
at law, and coward. l understood
that the article had double meaning.
1t referred to that article published
the day before, and also meant that
was liar generally.
/ wrote and circulated the circular
you speak of throughout parts of the
city The circular appeared the day
before Rathom's article. 1 wrote a
portion of that article only. That arti-
Gle was partly written by myself.
prepared an article entitled as that is,
an interview with me, and submitted
1t to the editor of the Budget to be
published, stating it to be an interview
with me.
Mr.. Simpson, the editor of the paper
wrote the preface to the article. No
reporter called upon me. I called on
the reporter. 1 circulated and published
the pamphlet.
Yes, 1 consider as a man of honor
that l could issue such a circular stat
ing that reporter had called on me,
when no reporter had done so. The
original article was prepared by my
self as an interview to be published in
the Budget. I submitted it to the ed
itor and he suggested that 1 make
few alterations. 1 am somewhat of a
newspaper man myself and have writ
ten nimprudently, a book.
The excoriation was published that
day, and the next day the article did
not appear.
1t is a usual thing in journalism to
write a thing as a letter and let it ap-
pear as an interview. 1 do not know
whether 1 have the original or not. I
think the editor returned it to me. 1t
was to be taken as an interview. That
is why the charge that 1 was liar is
false.
1 went to the Budget office and the
editor added that portion of it
in which it is called an interview. They
agreed to publish it and afterwards de-
clined
1 don't attempt to state that it was
an interview when it was not.
l attached the portion of it which
makes it purport to be an interview be-
cause 1 thought that it was the most
important part of the pamphlet.
published the circular because it was
the original article that was offered by
me to the Budget, accepted and then
rejected.
No reporter called on me. The state
ment that he did so is not accurate; 1t
is not untrue. 1 think it is true. The
was making it his interview
when he revamped it. 1t is true that
Mr.. Simpson interviewed me when
went to the Office and took the inter-
view and made it his own.
1 met Mr.. Elmore on the day after
the Astorian's article appeared.
He said he had not seen
the ARTICLE until it appeared
He employed the editor and he could
discharge him when he saw fit. He
said he had no control of the paper,
that matter was left to, the editor.
He might have said he had not any
voice in the paper His idea was that
the editor was running the paper at
this time. Some discussion arose as to
what Mr.. Dell said to Mr.. Elmore
when he met him on the street, what
DR.. Kinney said about the editor, and
as to why Mr.. Dell did not go to the
Office and see the editor personally.
The Judge, at this juncture, held that
the words "a coward" are not libellous,
unless perhaps the man referred to is
a military man.
Mr.. Fulton then called the attention
/. a.. .z..-k 20 .ha foot that nall was