Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-03-06
Counsel Finish Their Arguments in
Trial of Calvin Chase.
Mr.. BIRNEY CLOSES The CASE
Both Sides Argue With the Jury
For Verdict. @
TIL E JUDGES ARGE


VIM. Calvin Chase, indicted for crlminally
libeling Mr.. c. II. ]. Taylor of Kansas. the
District recorder of deeds, was somewhat
larger than usual today. Very many IT
theose who sought admission, however.
were denied it, AS on the preceding days
of the trial. the great majority Of the spec
tators were colored people. and apparently
most of them were friends of the defen-
dant. although the man from Kansas was
not without quite following.
One of the matters discussed by those
interested In the case was that of the PEN
atty prescribed by law for the offense with
which the defendant stood charged. In
speaking TO a Star reporter of the matter,
District Attorney Birney explained that the
penalty was, to use an old legal term, lin
the bosom of the court" That Is, said Mr..
Birney, the penalty is lodged wholly in the
discretion of the judge. There is no statute
here prescribing the punishment, remark
ed the district attorney, and he was of the
impression, therefore, that the common
law applied in the case. The common law,
he thought, classed the offense as one of
high misdemeanor. and the court, he be-
lieved, could inflict both Imprisonment and
fine. or either. The Judge. believed Mr..
Birney, could send an offender to Jail or to
more than a year or to the latter for not
less than year and day, with or without
a fine in either case.
Opening Argument.
AS stated in The Star. the testimony on
both sides was closed yesterday afternoon,
and Assistant District Attorney Jeffords
made the opening argument to the jury.
Mr.. Jeffords spoke for about an hour and
referred to the case as one of conspiracy
against an entirely innocent man, a stran-
ger in this community. He discussed the
testimony offered by the defense contend
ing that 1t was as mean as 1t was falSe
asking for prompt verdict of guilty.
When the trial was resumed this morn
ing counsel on either side presented to
Judge Cole the instructions they desired
him to give the jury. Those offered by the
defense recited the statute relating to the
defense allowed in cases of libel and
claimed that under that statute the defend
ant could show the truth of the published
charges and that the question of whether
they were published without justification
and without notice was matter alone for
the jury.
ment contended that the truth of all the
charges published must be proven by the
defendant and that the burden of proof was
on the defendant; also that the defendant
should show that the charges were pub
Iished for the public good.
In passing upon the instructions Judge
Cole stated that he would tell the jury that
in order to justify the publication, if true,
good and that If the defendant had in view
any other motives he should be found
guilty, even If the charges were true.
For the Defense.
Mr.. Thomas L. Jones then addressed the
jury on behalf of the defendant Explain
ing that newspapers were not only entitled,
but were charged, with informing the pub
lie of the character of public officers, Mr..
Jones stated that the defense first charged
Mr.. Taylor with disSracing the office
he holds and with associating with bad
we lie down with hogs we must expect to
get up with fleas. Now. who is the first
friend of Taylor? Why. P. H. White, who
acknowledged being convicted of larceny.
The government referred to the character
of Mrs. Fannie Hill, claiming that she was
a bad woman. But, if she was a bad wo-
man, wasn't Taylor meeting her? If she
was so bad, why did he have anything to
do with her? They show you that Laura
Benseman was bad girl. Suppose she
was, didn't Mr.. Taylors friend, the Rev.
P. H. White, introduce her to Taylor?
Didn't Taylor afterward send her to Mrs.
Garrett? If she was bad woman, why
Gid Taylor interest himself so much in
her?'
Mr.. jones referred to the charges of in
dec ency and immortality made against Mr..
attention of the jury to the testimony of
Finley, who had stated that he saw moth
ing wrong between Taylor and the girl.
But you know Finley" said Mr.. Jones.
He is the man who said he had talked
with no one about the matter and then
acknowledged that he had visited Taylor
last Saturday. Don't you suppose that his
testimony was patched up at that meet
ing? Can any reasonable being believe
otherwise?"
I'VE are charged" continued Mr.. JONES'
with conspiring to get Taylor out. But
suppose we did. could Chase get his place?
Could Laura Benseman or Mrs. Hill. or
Barnes get it? Why, this story of conSpir-
acy exists only in the Imagination of the
prosecution
Referring to the note written by Miss
Hill. to the effect that Mr.. Taylor and
Barnes had always treated her in an hon.
cradle and gentlemanly manner. Mr.. Jones
asked: "Who produced that note? Why,
Taylor. Who took it to Miss Hill to have
her sign it? Why. the particular friend of
Taylor. the very reverend Mr.. P. H.
Taylor sent White to Miss Hill with a
threat that If she didn't write 1t he would
discharge her? OF course, he did, and
everybody knows it,
Speaking of the letters written by Mr..
Taylor in relation to political assessments,
Mr.. Jones claimed that those letters were
written at dates subsequent to those ap-
pearing in the letters, and that they were
written when Taylor became alarmed and
to save himself
Mr. Jones referred to the testimony of
Mr.. F. l.. Siddons, who testified that Tay-
lcr exclaimed: Attack me on political
grounds, but spare my personal character"
" The wicked flee when no man pursue 1"
remarked Mr.. Jones; land If there hadn't
been something rotten in Denmark Taylor
would never have made that remark Ah
If your bed Is hard, you must lie hard!
Mr. Taylor said to Mr.. Siddons: For Gods
sake, don't put me to the necessity of call
ing a physician Now, gentlemen, I don't
know what Taylor meant by that, but you
may understand it when you consider all
the evidence in the case
Mr.. Jones referred to Taylor's remark
about BARRIERS not being fit Tor the society
of men like Bruce, Pinchback, Langston
and others. as testified to by Miss Bense-
man. and remarked that the girl remained
true to her barber friend nevertheless. He
briefly discussed the rest of the evidence,
contending that the defendant had but one
motive, that of the public good, and con-
cluded with strong appeal for a verdict
of not guilty.
Mr.. Lnngston Speaks.
He was followed by Mr.. John NJ. Lang
ston, who also spoke to the jury on behalf
of the defendant. 1t was a fortunate