Evening star., 1896-07-30
JOURNALISTS IN COURT
Two on Trial for Alleged Criminal Libel on
Another.
Messrs. Cushing and Brooks of the
Capital Arraigned on Charges
of Mr.. Conn of the Times.

inal libel, came up IN the POl1ce court tniS
morning before Judge Miller.
The offense alleged against them was the
publication in a recent number of the per-
iodical of an article which purported to ex-
plain the reasons for change of base
which the Washington Times made not
long ago en- the silver question. In the ar
ticle in question the writer, using the per-
sonal pronoun T. expressed his surprise
that the Times had so suddenly changed
from free silver organ to a 'hard-money"
paper. Some light seemed to be thrown on
the question, he said, by letter which had
recently come into his possession purport-
ing to be written by Mr.. c. G. Conn to
prominent democrat, offering to throw the
Times into the breach in the fight for free
silver in case 1t was made worth his while.
Accompanying this was an unsigned letter,
alleged to be in reply to Mr.. Conn's letter,
declining his Offer
An Attorneys Idea of Newspapers.
Mr.. Richard P. Beall, the attorney for
the defendants, moved to quash the infor-
nation on the ground that it did not prop
erly connect the defendants with the pub
lication Of the article, and, further, on the
ground that the statement itself did not
constitute a libel. In his opinion newspa-
per space, as a general thing. is for sale,
and for any one to say that Mr.. Conn had
offered to enter into a business arrange
ment like that spoken of in the Capital
was not of itself libelous.
Judge Miller overruled the motion, say
ing that the evidence in the case would
throw the best light upon the question of
libel.
Mr.. Conn was the first witness called.
He testified that he had never written the
letter alleged nor one in any way like 1t.
nor had ne ever received any such reply
as the one referred to In the article COM
planned of.
Then that article is not true?" asked Mr.
Jeffords.
1T is wholly fabrication
MIR. COnn's Reasons for His Policy.
On crcss-examination Mr.. Conn. who said
that he was the editor and part owner of
the Times, testified that up to the time Of
the democratic convention his paper had
been independent" but after that 1t had
Leen a stout advocate of the gold stand
ard. Asked to explain the reason for this
change. Mr.. Conn said that he had hoped
ali along that the money question would
rot be made an issue in the campaign, but
when the party came out for free silver
there was nothing for him to do but an
tagoriZe It, AS a manufacturer and en-
ployer he was satisfied that If free silver
should be successful 1t would work the
greatest injury to the business industries
Of tho country.
In answer to a direct question, Mr.. Conn
said that he had no other reason for COM
ing cut for the gold standard than his
conscientious belief that 1t was the true
fiscal standard
Mr. Solomon Goldsmith. who said that
he was the manager Of the Times, testified
to purchasing two copies of the Capital in
which the article in question appeared.
Defendant Brooks ON the Stand.
Mr. Brooks, for the defense. testified that
the letters that were published in the
n hr1, 70 hot off md
he had every reason to believe they were
genuine copies of letters one sent by and
the other received by Mr. Conn. The
publication Of the article was not prompted
by malice at all, and in support Of that
statement Mr.. Brooks, at Mr.. Bealfs sug-
gestion. read paragraph from the Capital
of July 20. the week before the date of
the alleged lbelouS article. In. which Mr..
Conn was spoken of in the highest terms.
Henry c. Bursleigh, who is employed as
reporter on the Capital, testified that he
got the letters from young man named
Ben. Woog, who said that he had got them
from his father, and assured him that they
were verbatim copies of the original let
ters.
Ben. WOog's Testimony.
Ben. Woog testified that up to three
weeks ago he was a newspaper man and
knew Bursleigh. In answer to a question
from Mr.. Beall, Woog said that he was un-
willing to testify, as it might tend to in
criminate him. He declined to say whether
or not he had handed the letters to Bur-
sleigh.
Woog finally admitted that he had never
seen the original letters of which those in
question purported to be copies.
This was about all that could be got out of
young Woog, for he declined to answer
every question put to him.
You seem very much afraid" said Judge
Miller, caustically.
Il am, your honor" admitted the young
man, who showed 1t in all his bearing
In answer to question from Judge Miller
Woog said he was twenty years of age and
was a publisher and newspaper man.
What do you PUBLISH"
Il am not publishing anything just now"
What paper do you work on?''
"Well, 1 worked for awhile on the Wash.
ington News"
"Thats dead now. I believe" said the
Judge.
Yes, sir"
Mr.. Cushing then took the stand in his
own defense. He told about the receipt of
the letters at his Office, and said that he
would never have printed them If he had not
that they were true copies, but said that
he was afraid 1t might get him into trouble
with his father, who had either the originals
or the first copies Of it. Mr.. Gushing said
that there was no malice or animosity in
the publication. He was surprised when
he saw the Times come out for gold, for he
believed that from the character of the
Times following different policy would
have proved more profitable.
without Malace.
The case was argued briefly by the law
yers on both sides, Mr.. Beall contending
that If the article was nbelous Woog was
the man who was at least morally guilty
Mr.. Jeffords claimed that 1t made no differ
ence whence the story came, for it's publi-
cation constituted the libel
In disposing of the case Judge Miller en-
tered into a consideration of the principles
underlying the laws of libel. In the present
case. he thought. the publication was
libelous one. Gushing and Brooks, he
thought, had been sadly imposed upon and
had evidently acted without any malice but
still enough of a case had been made out to
warrant holding them for the grand Jury.
Bonds were fixed in the sum of $500.
May BE the Man.
Detective Horne will go to New York
this evening with an employe Of the Coch-
ran Hotel to see Roxy McKenna, the al
legged hotel thief, who is under arrest there.
McKenna is sixty years old and Is suspect
ed of being the man who registered at the
Cochran here several months ago as j. H.
Willetts. This man is suspected of being