The record-union., 1894-02-07

Irishmen honor true sand pnrelwoman-
hood, and no Irishmau deserving OF the
name would have done-as Barry says he
dld-abandOn detenseless woman to the
embraces of a base ravisher.
In their answer in this case. the de-
PENDANTS allege the article complained of
to be true. The law holds that If alleged
Jlbels are not proved TO be true in all
their allegations the publication was not
a privileged one The defense might
prove that all but one were true, but that
one would be sufficient TO warrant a con-
VlctIon. the others TO be considered only
in mitigation Of damages.
MIR. johnson then quoted from the
article complained of, and insisted that
as to some portions of it there was no evil
dence offered to sustain the assertions. 1t
contained, he claimed, separate and dis
| tinct libels. The article itself contradlcted
the testimony given by Mrs. Trultt. 1T
was written-not on the direct statement
of Mrs. Truitt-but, as the testimony
shows, partly on statements said to have
| been made by her TO others. If she were
telling the truth when she told her story
to Chief Rodgers and the reporters, then
she was not telling the truth when she
made her deposition.
There is not particle of testimony to
support the assertion made in the article,
that Gilman proposed TO Mrs. Trultt
when she visited his store. to settle their
difficulty on a money basis. On this
libel alone the plaintiff would be entitled
to a judgment. Leaving out Of considera-
ton entirely Gilman's guilt or innocence
on the charge of rape, there are other
libels contained in the article to warrant
which there has been no testimony what
ever introduced.
The defendants are bound by their
answer, and they allege the truth of all
tIC al tai, ,aI in hn rfi ialn
hence Gilman could have brought actions
on three separate and distinct HEels in
that one article. Read in connection with
the testimony, it shows the plaintiff IS
entitled to judgment.
Considering Gilman's position as a
merchant of standing in the community,
as a husband and father, with wife and
daughters of whom any man might be
proud, was it any wonder that Gilman
asked the editor of the Bee If the thing
could not be tiXed'' so as to prevent the
publication of that woman's damaging
statement? The daily press is a powerful
agent for injurlng man, and 1t was only
natural that Gilman should have desired
to save his wife and children the shame
of having Mrs. Truitt's allegations against
him published broadcast.
A newspaper libel is the meaneSt and
most cOWardly that can be uttered against
person. Ii is dangerous because it goes
| abroad among thousands of readers. No
newspaper publisher had ever yet been
found who dared to say to a man, face to
face, the libelous things that he publishes
behind the cowardly 'we." Newspapers
sometimes send women to madness, and
men to their destruction by drink, and
sometimes these lbelS are carried To such
extent that men have been driven to
desperation and have taken the law into
their own hands and shot down their ira
ducers. And | thank God" said the
speaker, that no jury in America mas
yet been found 10 convict the man who
killed the one that had grossly Hbeled
him !"
lie denied the right of the defendants to
publish Mrs. Truitt's statement on the
assumption that it was news" When
MIR. Gilman told the editor OF the Bee
that he should not publish the Woman'S
allegation against him before its hearing
in court, but that he should contine HIM
self to the complaint itself, he (Gilman)
correctly laid down the law III the case.
What good, Mr. Johnson asked. comes
of the publication of nasty and defama-
tory articles, that can only bring sorrow
and misery into hitherto happy house
holds? The pretense that it is giving the
news is no answer. The selling of few
more newspapers does not warrant the
injury done. Here are young ladies
driven out of society and forced to leave
the city of their home to escape the shame
and modification consequent upon the
publication of the articles holding their
father up to the scorn of the community.
Newspaper publishers should stop and
think before causing so much misery and
unhappiness.
Mr.. Johnson concluded his argument
with an eloquent and forcible plea for de-
cent journalism and scathing denuncla-
ton of a libelous press. He accorded
credit to Gilman for appealing to the court
for full vindication that would set the
matter ut rest-for verdict that would
wash away the sorrow from the hearts of
his wounded family.
1t was nearly 4 o'clock when Mr.. John
son concluded his argument. The case
was then submitted to the court and taken
under advisement. Judge Catlin has a
large mass of testimony and authorities
to consult before he will be prepared to
ran0ar iudomeut