The morning call., 1894-11-27
MCEWEN'S CASE.
Flynn Trying to Evade
Responsibility.
He Refused to Answer Pertinent
Questions-TheC Complainant
TeStifies.

The trial of Thomas E. Flynn, who is charged
with criminal libel by Arthur McEwen, another
newspaper man, was resumed In Police Judge
Lows court last evening. Flynn was repre-
senled by Attorney George E. Knight, while
Joseph Nougues looked after McEwen's in.
terest.
The first witness called was Robert G. Mack
ave, who testified that he was editor of the pa
per which Flynn owns under Flynn's superyis-
ion. Flynn, he said. was the, manager who d.
rected the publication of articles. When asked
to who wrote the libelous article he replied
thIt he did not know. He had not heard the
article discussed in tile Office. He had only re.
ferred to II once to Flynn, when he said:
That lG T was hot roast you gave MeEwen," to
A young lady who said she was secretary OF
the paper was examined as 10 where the rec
ord books OF the company were. She said they
were locked uD in the safe. and That was why
she had not brought them with her.
NOugues said that he wanted the books in
order to show that Flynn really was the man
ager OF the paper and that he put the article in
the paper.
In answer to a question the witness said that
the publishing company is a corporation.
well. what Is Flynn P'' asked MIR. Nougues.
"He. Is proprietor He gives me instruc-
tiOns"
"how can he be The proprietor OF cor
pOrallOn?'
The secretary did not know, and only shook
his head aud answered that he was the pro-
pretor.
Mr.. Nougues asked for an order to produce
the books. but his wish was not granted. as the
court ruleG that Fynns standing mad been
established by evidence.
Arthur McEwen was then called. He was
shown copy OF the paper containing the
libelous rticle and asked whether the ac-
count contained any true report of incidents In
his lie. The witness answered emphatically
no. Attorney Knight, Ia the course of a long
examination, sought TO have the witness show
how he knew the pictures IN the article
referred 10 him. Mr.. McEwen replied
that they were illustrations of the
lbelous text, and it was impossible to surmise
that they would refer 10 an one else. In the
examination as 10 the truth OF the allegations
OF the article Mr. McEwen again denied that
there was any shadow of truth in them. They
were maliciOusly false throughout He frankly
made statement OF certain events which had
been used as basis upon which to make the
lbelous fabrlcations, as he termed them.
Al The conclusion of MIR. McEwens testimony
Judge Low asked Editor Mackaye as TO who he
thought the pictures in the article referred TO,
and Mackaye responded: "McEwen."
Thomas E. Flynn was next called to the
stand and questioned by Mr.. Nougues as 10
whether he was the president OF the offending
paper. But Flynn was wary, aud before an
swerlng looked at his attorney.
Don't answer that" cried Mr.. knight.
'On what grounds, "asked Mr.. Nougues. "that
IL would tend TO convict him of crime?"
"Yes." said Mr.. knight, ana Eyes" said the
witness.
All efforts TO get Flynn to acknowledge his
position 10 regard to The paper and as TO the
books proved futile. knight insisted that the
records were the only things which would
prove whether the company was incorporated
or not.
Judge Low again said that 1t did not matter
who owned the paper. but the ques ion was as
TO who was responsible for what appea red in
IT. Two witnesses had already testified that
Flynn was managing editor.
Flynn then stepped down, and Attorney
Knight asked for three weeks continuance. as
he wished to gather evidence to rebuff Nc
Ewen's testimony.
Judge Low and Mr. Ncugues we're opnosed tn
delay, and finally continuance Was granted
until next Tuesday afternoon.