The herald., 1895-03-10


A portion of an article published by the
Peoples Union of July 25, 1894, entitled
Hypocrisy Goes Hand in Hand With
Violence and Oppression, was then intro
duced and read. 1t speaks about people
in office in Washingto who have turnips
in their bosoms instead of hearts and
frog juice instead of blood in their veins.
Several documentary exhibits were filed
on the part of the Express in the after
noon, some of which were read. Among
these was the valedictory of the People S
Union when it suspended publication. This
is entitled "Adieu 1t contains strc-
lures of the Daily Times and the Federal
vice, the Colonel, in his adieu, imparts
valuable information as to how to run
daily paper, which shows that theory is
one thing and practice something quite diff
ferent. A series of articles published in
the Times in 1891, from the pen of Colonel
Duncan, on Science and Prophecies was
also offered for filing The plaintiff insist
ed that the articles should be read then
and there. Gage objected to do so, but
the Court ruled that he must. Then the
plaintiff objected to the introduction of
these documents, because they were super
animated, and the Court rejected them ac-
cordingly. The defendant excepted. Next
came the reading of "a Letter to Vice.
President Adlai Stevenson Literally Veri-
fed" which was published in Peoples
Union. The writer in his introduction
states that it was written on Christmas,
1892, to warn the ce-President and the
President as to what Colonel B. Duncan
foresaw would happen in 1893. He can
didly admits that he was vouchsafed no
answer, and that his letter was consider
ed in the light of an impertinence. "a
Liar from Liarsville,' dedicated to the
Express, was the next editorial of Peoples
Opinion communicated to the jury.
Little Go1s-The Case of Colonel Dun
can against Judge Ross was also read. 1t
was another lecture to the Federal Judge,
and criticism on the action of Superior
Judge Clark in sustaining the demurrer
to the complaint in the suit of Duncan
against Ross, to recover damages for libel
on the ground that the action of defend
ant in the case as Judge was privileged.
the protest OF Colonel Duncan, who wanted
to hear it all.
Sackett Cornell, a newspaper reporter,
was placed on the stand and shown
copy of the Express containing the al
legged libelous article on Colonel Duncan.
the allegation made in plaintiffs COM
plant that people generally understood
the Express article to accuse the colonel
OF wrOng-doing was erroneous. He was
not permitted to answer. Mr.. Cornell
testified that he was at the custom house
at Santa Monica on August 30, 1894, and
saw no tidal wave 800 or 400 feet high on
that day. The plaintiff Immediately said
that he did not claim that there was a
tidal wave that high, or any tidal wave,
or even any tide at all at Santa Monica
on that day. Mr.. Cornell was asked if he
could find in the alleged libelous article
of the Express anything that imputed
could be stopped witness replied that he
did not. The answer was ordered stricken
out.
Major H. q. Osborne, president of the
Evening Express Company, was called.
He admitted that Colonel Blanton Duncan
of Kentucky is widely known. PLEASED
smile upon the colonel's beaming coun-
tenancy Colonel Blanton had fur
nished articles endorsing the Falb theory
for the Express. An article entitled Some
Startling Calculations was offered to the
major, who identified it and it was filed
as defendants exhibit. The usual
bicker now occurred, the defense refusing
that the jury have the benefit of it.
Finally the colonel offered to read it him
self, but he would not read it from the
defendants exhibit. He made dive into
the fisherman's basket and pulled out a
roll of paper which proved to be a proof
slip OF his article, and after the major had
admitted that it was such, the plaintiff
had the pleasure of lecturing on sun
spots. ETC., for nearly twenty minutes to
the jury.
There was a diagram in the article.
This Mr.. Gage asked Colonel Duncan to
show to the jury, telling him to show
them the pancake. The colonel was
offended, and told Mr.. Gage that he was
no clown, but he let the jury see the
diagram any way, and then, having re-
gained his equanimity, serenely proceeded
with Professor Falb's alleged theories
At the conclusion of the reading court
was adjourned until Tuesday morning at
IN O'c1Ock