Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-01-11
Grand Jury to Consider Recorder
Taylor's Libel Suit.
ARGUMENTS BEFORE JUDGE MILLER
Testimony as to Truth of Article
Ruled Out.
BAIL WAS GIVEN FOR HIM

| The case OF w. GAVIN Cn23e, eultor oI
the Bee, who is charged by Recorder Of
Deeds c. H. J. Taylor with malicious libel,
came up this morning in the Police Court
before Judge Miller. Chase was represent
ed by John M. Langston, James H. Smith,
| ]. M. Kicks and Thomas L. Jones, and AS
sistant District Attorney Mullcwney ap-
| peared for the government.
After Mr.. Chase had plead mot guilty"
| Recorder Taylor was called TO the stand
| He was sworn and testified that he knew
| the editor of the Bee, the publication in
| which appeared the article containing the
alleged libel on which he founded his
charge against Chase. He had carefully
read the article and denied every statement
| therein made.
Judge Miller ruled out that part of the
| answer of the witness denying the state
| ment. on the ground that the question
which led to the answer was not proper at
| this time.
Mr.. Langston argued thai the counsel
had 4 right to insist upon the question,
and said that the defense would prove
every statement made in the article.
Judge Miller again ruled that the ques-
| ton by the district attorney was improper
and after some further argument or an
unimportant nature, Mr.. Taylor was
| about to step aside, when he was
reminded by Mr.. Mullowney that the
and he resumed his former place near
Judge Miller. Some minutes elapsed while
defendants counsel examined various pa
pers.
MIR. LnnEstOn's Statement.
Mr.. Langston read the article published
in the Pee. In this Taylor was charged
among other things with grossly immoral
practices, an assault on a widow and i'm
| position in various ferns upon clerks in
office.
Mr. Langston said his client was prepar-
| ed to prove the charges made, and that he
had the right to produce testimony, and
that until this was done the court could
| hot properly decide whether or not Chase
| should be held for the grand jury, and that
| 1t was the duty of the court to allow the
widest latitude In the cross-exaninatton OF
! Taylor so that it could be clearly shown
whether or not the charges made in the
| article were true or false Mr. Langston
| quoted decision by Judge Smell In 4 SINH
lar case, in which the court reid mat the
| largest and completest liberty ought 10 be
| allowed the defense to prove the truth OF
| what he had asserted.
| Judge Miller said tho article complained
| of spoke for itself, but that the defendant
| lad a right to deny that he was the author
of the publication. or to claim that he print
ed it as an editorial privilege. The witness
Taylor. said Judge Miller. could not be
cross-examined in this court according to
the rules which prevailed.
Recorder Taylor was then directed by the
assistant district attorney to step aside.
Admitted the Article.
Detective Carter was rext sworn. He tes-
tilted that he arrested Chase on the war
| rant sworn out by Recorder Taylor, and at
that time had a talk with Chase, who adj
mitted that he was responsible for the
article. Mr. Carter was not cross-eXamin
ed Mr.. Mulowney then presented the
article in evidence.
"shall read the whole of the article to
your honor" asked Mr.. Mullowney.
NpS Tn1pn
Mr.. Mullowney proceeded to read the
| article. placing especial emphasis upon that
portion which referred to Taylor's alleged
Judge Miller asked the assistant district
| attorney if he meant by HIS manner to in
dictate that escapades do sometimes occur
in the Division" This provoked consid-
cradle laughter. and Mr.. Mullowney said it
was undeniab!e that such things do take
place there.
At the conclusion of the reading Of the
article Mr.. Langston asked If he might in
troduce testimony to prove the allegations
| made therein
Judge Miller said that his court was not
the proper place to offer the evidence de-
| sired by the defense
LAW of Libel.
| Mr.. Smith argued that the defense ought
| to be allowed to offer evidence bearing on
| the merits Of the case, otherwise the court
| could not properly decide whether or not
| the case ought to go to the grand jury, and
| he read from article $40 of the Revised
Statutes, in relation to libel, to prove his
position.
QucstiOn Argued.
| Mr.. Mullowney combatted Mr.. Smiths
| argument and said 1t would be almost i'm
possible for the defense to prove the allie
| cations of the article, and urged that the
whole tenor of the publication was to bring
| about a disturbance between Chase and
Taylor. and that this was a violation of
| law itself.
| Mr.. Kicks asked the court if he could pro-
| duce contract from Taylor Offering to
| sell office; If he could show that he had
paid money to keep opposition to him quiet,
| and could produce fourteen witnesses to
prove every averment made in the article,
| would the court go into a full examination
| of the case.
Judge Miller replied that if defense could
produce one authority to Justify him in so
| doing he would consent to the course asked
| for by the defense.
| MIR. Langston asked Judge Miller to rule
| upon a section of the law on libel, passed
| by Cor gress shortly after the close of the
| war, when many prominent persons were
being libeled here and which. he said, he
| thought bore this case. The law, said
Mr. I.angston, gives the judge of the Po-
lice Court the right to dispose of the case.
! He claimed that the court had a right to
| hear anything that the defendant has to
offer in proof of the article in question.
| Testimony Refused.
| Just previous to this Judge Kimball took
seat alongside of Judge Miller, and. after
consulting with his colleague, and hearing
| from further authorities which were quot
| ed by Mr. Langston, Judge Miller decided
! that he would not hear any testimony as
| to the truth or falsity Of the charges made.
| Mr.. Lnngston Argues.
Mr. Langston said he would then MAIN
| tain that there is no reason why the case
should go to the grand jury. The Bee, he
| said was newspaper and in the United
States the newspaper has been by law
| given very remarkable power In all sec
! lions OF the country, no matter what the
| color OF the editor the press is to be free.
| No man, he said, comes to Washington
seeking office whose record is not open to
the country. If he has done an unhand-
! some thing by day a dirty thing by
| night the press has right to tell 1T.
| Mr. Mullowney asked Mr.. Langston If he
| maintained that Mr.. Chase lad a right to
bride a man to concede appointments to
him Mr.. Langston replied that it depended
upon whether the party having the right
| of appointment is a person of ''easy-going''
| virtue.
| pesn,,inp bis arpumept Mr. TopcSto,