The record-union., 1894-02-03
ANOTHER ARGUMENT INTERRUPTED.
Slow Progress Being. Made in the
Gilman" Bee" Case.
Judge Catlin's Overloaded Calendar
There May be Two More Days OF
Legal Eioquence.

At the opening of the Gilman Bee case
yesterday morning in Judge Catlin's
court A. J. Bruner, for the defense, be-
gan his argument. The case, he sad,
was very important one, not only In re-
gard to the rights of the plaintiff, but
those of the defendants also. Judge HolI
had laid great stress on the fact that the
plaintiffs rights had been infringed
upon, but said nothing regarding the
rights OF the woman involved in the case
nor Of the defendants. If d libel has been
committed, there is no question but that
those publishing it are amenable to the
law. The defense claimed that the rights
of a poor, defenseless woman had been
outraged. She has the right to her repu-
tation, which it is claimed had been
blasted by the plaintiff in this case.
Mr.. Bruner then discussed the law of
libel, as laid down in the Civil Code,
which declared it to be a false publica
ton which exposes person to obloquy,
shame, ETC., or causes him to be Stunned
by his fellow-men. A fair and true re-
port of judicial or legislative proceed
ing, or anything in the course thereof is
declared by law To be a privileged publi-
cation. Townsend On Slander and
Libel' was quoted to show that the court
must decide the question as to what are
privileged publications. An unprivi-
legged publication must show malice on
the part OF the publisher.
In this case the defense claim that they
have fully justified their acts by the evil
dence shown, and that if the plaintiff
were on trial on a charge of rape the evil
dence here presented would warrant his
conviction. The Code of Civil Procedure
provides that each party must prove his
case by affirmative evidence. The pres
ent case involved two crimes, one of fell
ony and another of high misdemeanor.
The plaintiff accuses the defendants of
libel, and the latter indirectly charge him
with having committed rape. In civil
cases the affirmative must be proved and
in criminal cases guilt must be shown
beyond a reasonable doubt.
A long list Of authorities was cited by
counsel and quoted from, some of which
were the same as quoted by Judge Holl
in his argument for the plaintiff. In the
case of Welch VS.. Gugenheimer 9th
American Decisions) the court made a
distinction between civil and criminal
actions. holding that the rule of proving
guilt beyond a reasonable doubt should
not be applied in civil actions. Other de-
cisions on this point were also quoted, in
which courts had held that the proof of
the charges made was Suttlclent to war
rant their publication. Authorities were
also presented to the effect that in civil
cases where crime is imputed it is suffi-
cient to support the plea by preponder-
ance of evidence and not beyond rea
sOnable doubt.
When the noon hour was reached
Judge Catlin announced that it being law
day lie would have to hear his calendar
in the afternoon and also set mis- trial cal
endar. These duties, he said. would con-
sumo most of the afternoon, and it would
be necessary to continue the hearing of
arguments until this morning.
Grove l.. Johnson, referring to Clerk
LandsborOugh's remarks that there were
nearly seventy cases on the calendar
awaiting trial, remarked that the neces-
sity for another department of the Su-
perior Court must be apparent
Mr.. Bruner will resume his argument
at 10 o'clock, and at its conclusion Mr..
Jones will speak also for the defense. 1t
is therefore not unlikely that Mr.. John
sons closing argument for the plaintiff
may not be reached before Monday.