The morning call., 1893-09-20
FOR A NONSUIT.
Galpin on Behalf of II. III.
Bancroft.
An Argument TO Show That His
Statements Were Neither SLAM
der0uS Nor Libelous.

The case for the plaintiff in the libel suit
of Bancroft VS.. Bancroft was closed yes
terday, and to-day it is expected that Fl.
II. Bancroft will tell his side of the story.
When court resumed Joseph T. Cooney,
the reporter, who published the alleged
libelous article at the dictation of H. III.
Bancroft, was recalled for cross-examina-
tion. However, nothing further was
elected by this. as he stuck to his story
throughout and persisted that Bancroft
had not been satisfied with the notes the
witness had made, but had linsisted on his
statement being taken down word for
word.
The city editor and iproof-reader of the
newspaper in which the article appeared
were then called and asked a few oues-
tiOns regarding the custom in dealing with
reporters copy" The proof-reader said
that the original copy had long since been
destroyed, and though every search had
been made that was merely done for
forms sake.
AT this point the prosecution announced
It's case closed, and Attorney Galpin pro-
ceeded TO move the court for a nonsuit
First he attacked that portion of the COM
plant referring to SANDER. Galpin said
that It was absurd to suppose that because
ii. IL. Bancroft thought and said that his
nephew did not own the 1850 shares which
he had pledged, but merely held them in
trust, that he meant thereby to imply that
w. b. Bancroft had been guilty of embeZ-
Element All he could have meant was
that his nephew had been guilty of a
breach of trust There was no action for
slanGer in that.
Then. again. when II. II. Bancroft said
that his nephew had overdrawn his ac-
and had laid him nj 70
charges, Galpin said that did not imply a
charge of ENLIGHTENMENT, but merely an in
timation that w. B. Bancroft having over
drawn without the knowledge or consent
of the other directors, had laid himself
open TO a civil action for the recovery of
the money. No action for slander lay in
that.
Galpin went on to demonstrate that it
was pretty hard TO convict a man of SLAM
der on any Charge at all. Lawbooks were
produced and wondrOus decisions quoted
both OF this State and elsewhere, wherein
such expressions as He's a thief" He
stole some cattle" He'd better mind his
own sheep instead of stealing mine" and
even He robbed the treasury and built
farm with the money" were held not to
constitute grounds for an action for SIAN
der.
With regard to the charges of libel Gal
pin moved to have them disallOwed, be-
cause il had not been proved that ii. II.
Bancroft had authorized the publication of
the words complained of; also it was a
privileged cOmmun ication, on the ground
that it was given to an interested person
by one who asked questions. In any case
the suit introduced by ". B. Bancroft for
the conversion of the 1850 shares in dis
pute had thrown the whole matter open to
public scrutiny and therefore II. II. Ban
croft had a right to say what he liked IN
self-defense. On these grounds Galpin
asked for nonsuit.
After a few moments deliberation Judge
Slack dismissed the motion as regards the
libel and promised to pass upon the other
counts this morning.