St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-01-29
IT DIDN'T RETRACT.
Tindale Planners $4,000 Ii
bel Suit Against the st.
Paul Dispatch Begun
IN THE DISTRICT COURT.
Grows Out OF the Story Con-
corning a Fake Swindling
Operation. u
IN THE DISTRICT COURT.
TILT BETWEEN ATTORNEYS
Over Some Newspaper Clip
pings Which Turned Up
Missing.

The $4,000 libel suit of Tindale Pal-
mer, of Philadelphia, against the st.
Paul Dispatch. is on trial before Judge
Brill and jury. The suit grows out OF
a story published in the Dispatch III
October, 1892, charging Palmer and Il
man named j. F. De FreltaS with
swindling the Welsbach Light company
out Of S44O,O GOO while the former was
acting as its agent in disposng OF
patent right in Brazil i'll 1890. Inc
story was telegraphed from Phlladel-
phia, and was published in large num-
Der of papers. A great many OF them
afterwards made retractloDS, but Palmer
claims the Dispatch refused to accept
an offer to retract and make reasonable
PREPARATION, which left him no other
course than libel suit.
There was sharp tilt between the
attorneys over some newspaper cllp'
pings that Attorney Nun Il, counsel for
the defense, did not want to give up.
1t apuearS that Attorneys lockwood, OF
Minneapolis, and c. u. O'Brlen, both
of whom are representing the plalntlf,
secured an order from the court direct
ing the counsel for defense to produce
the letter written by Palmer to the DIS
patch, Offering terms OF settlement.
Mum produced the letter, but with
held the clippings. The letter made
reference to certain clippings enclosed,
and when it came to submitting the
whole in evidence, the clippings were
missing.
Mr.. lockwood then submitted other
clippings, which, he said. were taken
from the same issue Of the same paper
MIR. Mum objected, and when the at
tention of the court was called to the
fact that Mum had
Retained the Clippings
inclosed, and the court ordered him TO
turn them over, he insisted that he did
not know what clippings were Enclosed:
that the clippings he had withheld had
been taken from his own files.
1.-The order to produce the letter must
have carried with it, most assuredly.
the production of all the papers lnclosed
in the letter." said Judge Brill.
But, ycur honor, L do not know
which clippings were inclosed," was
Mr.. Munn's reply.
well, you certainly should KNOW
returned the court.
"Why, Mr.. Mum. they were in tho
letter when you handed it over, and you
picked them up and stuck them in your
pocket after they were laid on the
desk" put IN each of the attorneys for
the plaintiff. The dispute finally grew
so warm that Mr.. O'Brien likened the
action 10 larceny. ...-..----..---
70 settle the matter without Yielding,
Mr.. Mum eventually said that ii Mr.,
Palmer would swear that the,alleged du-
plicate clippings submitted were exactly
the same as the ones he inciosed III The
letter. he would admit that they were.
Mr.. Palmer so testified, and they were
offered in evidence with the letter over
the objection of Mr.. MUM.
MIR. Palmer then testified regarding
his trip to South America to dispose of
the patent right referred to for the
Welsbach Light company. He had
previously been connected with the
company, but lost all he had by the
failure of the Minneapolis branch. He
first went to Buenos Ayres, but owing
to the revolution in Argentine at the
time he could do nothing. He then went
to Rio Janeiro. His company had in
structed him to sell the right for $40, 600
cash and 25 per cent interest in the
company that was to have control OF it,
the capital stock to be about 100000.
While he was making the deal he re-
! ceiyed a letter from the company, tell
him that he was holding the price too
high, and instructng him to reduce il:
and sell for anything over $4,000. This
letter was offered in evidence. He
finally closed the deal at $4,000 cash,
and sent 5000 to his company, retain
the other 5000 as commission and ex-
penscs. The company still owed him a
! trlfle, which it paid on his return. He
said the only connection De F'reitas had
| with the transaction was as represent
! alive of the purchasers.
MIR. Palmer was superintendent OF the
first electric street railway line built in
! Minneapolis.