Evening capital journal. (Salem, Or.) 1888-1893, 1893-02-28
FIND FOR DOWNING.
The Prison Superintendent Ex.
onerated
PRON THE CHARGE OF SLANDER
Against Mrs. TIIlle De Leon Of
Salem.

The jury were out just seven min.
utes. The case of Mrs. Tillle DE Leon
w. Geo. y. Downing, In a suit foi
damages for slander in The sum OF
$4,000, was given TO jury at IL o'clock
sharp.
Able arguments were made for near
Iy three hours by opposing counsel.
Holmes and Bonbam, Ford and Cham.
berlain spoke on opposite sides. II
was entirely question Of facts, and
there was q good deal Of uncalled fol
talk about an alleged newspaper mar,
when In reality no such person ap'
peared In the case.
THE TESTIMONY
taken on the trial was In substance as
follows:
Downing and Brown had conver.
sation In which Brown claims that
Downing told him that he had letter
which stated that Simon had been
"
wife, and that at the request Of Down.
ing he went to Simon and told him
that Downing had such a letter, and
which he Brown had seen, that
Brown Immediately told Simon this,
and Simon told Mr.. De Leon.
Downing claims that he had received
letter from one McNslly, stating that
Simon had been maligning the charac-
ter Of Mrs. De Leon, and that Brown
suggested that he would tell Simon,
ana perhaps Simon would let up nag
giDg Downing In the legislative inves-
tigatIon OF the management Of the
penitentiary.
Later Brown, De Leon and Down.
ing met on State street, and Downing
claimed he had said nothing about Mrs
DE Leon, and disclaimed having any
letter concerning her reputation, but
said he had received letter stating
that Simon had been maligning the
character Of Mrs. De Leon. De Leon
and Downing agree that at the conver-
sation Brown acknowledged that he
had lied, but Brown says he admitted
that he had pervaricated as to the mat
ter Of having seen such letter.
Not one word was said during the
trial detrimental to the character of
Mrs. De Leon, and 1t seems from the
estimoDy that DE Leon and Downing
had settled the matter all up between
themselves, for AS soon as they had
reed themselves of the company Of
Mr.. Brown, they went into promi.
,ent drug store and took a drink to-
yethsr, but there was some conflict In
he testimony as to which one paid for
he drinks.
The whole matter seems to have
ARISEN from misu understanding be-
.ween Brown and Downing In their
and from the animosity
existing between Simon and Downing.
McNally took the stand and testified
hat he had written letter to Down.
ng, which stated that Simon had been
alking about Mrs, De Leon,
THE VERDICT
n the jury was as follows:
We the jury, find for defendant.
THE SPEECHES.
Attorney General Chamberlain dis
'ossed the legal points involved In
lear manner and opened the way for
flimon Ford's mastery effort, In
which he reviewed the testimony la a
orcible manner, showing the inconsist-
ncy OF the evidence for the plaintiff,
md that the explanation Of Mr.. Down
ng as TO what language he used was
he more reasonable OF the two. He
discussed Simon and Brown "without
loves" showing up the lstter's testi-
nony aud 50 far forgot himself A. to
IL down In the witness's chair while
ehearsing Browns story of the mat.
er nearly verbatim, performance,
which connected with his manner and
ctions, showing Intense earnest ness,
arried conviction with all who hea rd |
!. Holmes and Bonham must also be |
redited with having made veay earn
81 and able speeches. Mr.. sehlbrede
oted as Mr.. Downing's legal adviser
nd Mr.. Richardson as counsel.