The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-02-02


heard at Ballard, only 10 receive the I'M
preston that the imperial hand OF Dr..
Ford could close the door Of investigation
Like the bull before the locomotive. Mich
OILS possessed pluck that one might admire,
but Judgment that might be condemned.
Ronald Blows Away the smoke.
Mr.. Ronald without ado cleared his way
through the srrsoke left. by.what he termed
"a pyrotechnic display of fireworks, :"
pausang for a single instant TO speak Of
the grandiloauerst words. the turkey-goe-
bier strut and the peacock swell so char
actertstSc or Mr.. Wiley, and then taicng
UP an elaborate discussion Of the facts.
These he developed by reading the
charges and taking each one up separate
iy. considering whether It was a cr.sne.
whether it was true and whether there
were justsf.able ends. Mrs. Ford does
figure in the case" said the attorney.
suppose the defending IS acquitted. You
say to the wcrld that the man Is imrocent.
and the world replies that the woman IS
guilty.. Hts gray hairs aggravaie the
crime and make 1t the more beinous.
Lay aside all discussion OF civil and re-
hlgiosiS liberty. 1t does rat belong here.
l will dismiss the subject with a word:
We don't people our jaiis nor our peui-
tensiaries from the churches
Turning then to the alleged happening
ait Ozark, Mr.. Ronald cast dascresl.t, in
IN&hese words u.ssn the report:
''The nasty scene took place In the
smoke house. caifee got 1t from a man.
who got 1t from another man. who got IL
from a woman, who got it from a little
girl. who got 1t from smaller girl who
saw II.
1T was smart trick continued the
attorney. ITO hiring In the story OF an IL
legitimate boy. Why, gentlemen. Ford
was married IN 1873 The boy< who is
now 10, was not born until after that
date. and Mr. and Mrs. Ford have lived
together tweriy-three years.
Mr.. ford's Trasfc story.
What nemesis has pursued this wo-
man? Early betroaaed TO a young officer,
a defender of his country's flag. after
few weeks OF married life she was left
widow by his falling In the lines OF the
enemy. There was Burke. a gentleman,
and no moral coward; and IN the county
of Powell Clayton he. too. went down at
tragic scene closed on the life of that I'M
happy woIrlans She next mot Ford, and
ii seems That their souls We're made for
each other. She has had by him five chill
dren, four living and one dead. but 1T
We're better they were all dead than that
she should be hurled from the pinnacle
| amy Christian woman would be proud to
occupy ana be hurled chafacteress before
the world. You nave witnessed the last
| act, as you saw IN her face the agony as
| she answered the questions called forth
| by the investigation OF n rotten mess
| ssiiecd up by her pastor or twenty years
| ago
| Judge Humes' Instructions were quite
| lengthy. On the main contention of q,iali-
| fed privilege, he said:
Instructions 20 the jury.
"A case of qualified privilege may exist
| where circumstances may east upon a
| person the duty of making a communion
tion To some other person. In such a
| case the person making such a communs-
| cation must honestly believe that such
| Ii his duty; and In addition he must
/ further be actuated by an honest purpose
| and desire 10 serve or attain some public
| hensfit or Justifiahie end. And in seek
| ing IN redress some public grievance.
| such person must be careful to apply 10
| some person who has jurisdiction to en-
| tertain the complaint or power 10 re-
| dress the grievance. or some duty or In
| $erest in connection with II. Conmuni-
| cations made to some stranger who Ia $
| nothing TO do with the matter are not
| privileged.
The privilege must not be abused, for
| IL such Il communication he made maiic-
| iousiy and without probable cause. and
without good motives or 3astifiahic ends,
| the pretense under which II Is made,
Instead OF furnishing a defense. will
aggravate the offense. A person cannot
avail himself'of Il privileged occasio. viii
fully and knowingly 10 dsfame another.
Although the occasion may be priv
ileged. yet II is not every communication
made on sach occasion that Is privileged,
IL Is not enough 10 have an interest or
duty In making a communication: abe
Interest or duty must be shown In max
Ing The communication complained OF.
Even when a defendant acting under
strong sense Of duty. makes eomn,u.
nioaiion, stilg he must be careful not 20
| be led away by any feeling into exag-
seraied or unwarrantable expressions.
| The privilege extends TO nothing which,
Ia not true, and which Is not Justified bv
| the occasion. A letter or circular may be
| prsvileEed as TO one part. and not as 70
| the resi-; and even where the exnres.
| stons ar words employed are ailo~able
| iH all respects SIN the mode OF rathllea-
| ton may take them otit OF the privilege
| Did the defendant publish or ani
| concerning Rev, r, II. Ford a lihei4 i.
| SO, then you should convict the aefen-
| tiani, unless you tind: u1 That such
| matter Is true; ~ that the aefen.tan
honestly believed Il to be his a,rty ~
| make the publication complained Of. mi
| that he did pssbiish II under sa.eh sensa
/ or dnfS which Is what the law mean.
| hy 'g0ei motives. ard a. that IL vas
/ Published with an honest desire ara mr..
r~sse 90 effeciing som,e publie good OF
| hcneiit. which is waaas the law means p,
'tuxtihahle ends
~ 1875 shis morning the jury was still
Qua, without any prospect OF agreemsn,