The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-03-04
The Jury Decides in Favor OF
the Ex-Congressman.
tissues AND ANSWERS
Each Issue Decided Tor the
Defendant.
End of the Suit of Secretary w. s.
Barnes Against Ex-Congressman
W.T.. Crawford for $4,000
Damages for Libel.
Damages for Libel.

Barnes VS.. Crawford mas Deeh III titC
courts. The action was brought by
w. S. Barnes, Secretary of the State
Farmers Alliance, against W. I. Craw-
ford, former Congressman from the
Ninth District, to recover five thou
! sand dollars damages for alleged libel.
The trial Of this action in the Supe-
rior court of Wake county began Mon
day morning. Last night it was con-
Guided.
The trial resulted in verdict of
j yindication for Mr.. Crawford. The
jury answered every single issue in his
favor.
VERDICT IN THE CASE.
The following are the issues and the
Z verdict:
w. S. Barnes VS.. w. 4. Crawford-Is-
sues.
/. Did the defendant publish or pro-
cure to be published in the "Ruther-
ford Herald of and concerning the
plaintiff, the matter set forth in the
complaint?
Answer: No.
2. Did the defendant publish, of and
Z concerning the plaintiff, the matter
] set forth in the complaint?
Answer: Yes; but without any
malice.
3. Was the alleged libel written by
the defendant and sent to ID. j. Carter
in good faith for the sole purpose of
repelling and refuting grave charges
which had been made against him, and
not with any purpose of injuring the
plaintiff, and was it a privileged COM
munication?
Answer: Yes.
4. What damage, if any, if the
plaintiff entitled to recover?
Ans yer: Cleft blank.)
No answer to the last issue was re-
quired, as the other questions We're
answered in the defendants favor.
THE TRIAL RESUMED.
The trial of the case of Barnes VS..
Crawford was resumed in Wake county
Superior court yesterday morning.
Mr. Armistead Jones recoanted the
circumstances surrounding the
signing of the demand card
by Mr. Crawford. He showed
that the sub-treasury scheme was
not a part of the National Alliance
was not part of the National Alliance
demands until the year after the card
was signed. Said that Barnes was the
man who had all the malice in this
case; that he had made a canvass of
ing to be lecturing on How to.prepare
eggs for market" when really his OBJ
iect was to attack Crawford, and he
did so on every possible occasion. On
the other hand evidence had been intro
duced to prove that Crawford had, dur
ing the campaign, not even mentioned
Barnes name. Mr.. Jones read the
letter of Mr.. Crawford in the Ruther-
ford Herald stating that he had signed
only the National Alliance demands,
and that any statement to the contrary
was "a fraud, forgery, and lie,7 and
held that in view of the steps Mr..
Crawford had taken, and in view of
Barnes refusal to produce the original
this language was perfectly justifable.
Mr. Crawford.s denunciation of the
editorial In the Progressive Farmer in
which Barnes affidavit was published
as "as internal a lie as ever was
penned, . Mr.. Jones said applied to the
editorial and not to Barnes affidavit.
The charge made by Crawford that
Barnes had slandered him throughout
the district, he thought was borne out
by evidence: Crawford had right 70
protect himself against Barnes, who
was no candidate, and yet he Went over
Crawford's district denouncing him on
every possible occasion.
Mr.. Jones then directed his attention
in rather sharp words to Farmer
Barnes and 4is libel case, showing that
il was born in malice on Barnes part
and conceived in ayarice.
Mr.. BUSHELS SPEECH.
Mr. +. II. Busbee next addressed the
jury in behalf of the defendant, di-
recting his attention to the points of
Law involved in the ease Held that the
letter written to Carter, editor OF the
Rutherford Herald, was not intended
for publication and the writer of the
letter was not responsible for its pub
LEGATION. As to the statement that
Barnes had slandered him, Mr.. Craw-
ford had right to defend himself
There was no evidence, Mr.. Bmsbee
said. to show that the plaintiff had
been injured in his official capacity.
Called attention to the omission from
the. sworn complaint Of the words "by
whom | do not know in the sen
tence, And a greater fraud was never
pel'petrated by whom do not know"
in the article complained of in the
Rutherford Herald, and denounced it
as a deep design to make false inn
preston and las deep fraud as was
ever perpetrated," and paid glowing
tribute to Mr.. Crawford, as "poor
mountain boy who had carved out
his own fortune-a man who had
riaen from poor, barefoot boy"
Mr. Burton: 81 object. There is no
evidence that Mr.. Crawford ever went
barefooted"
Mr.. Busbee: eff my brother Burton
win stick as near to the truth as /
do when / say Crawford went bare
footed, he will do better than he has
dome in the last few speeches / have
heard him make"
Mr.. Burton: IF Mr. Busbee says that
in a speech he ever heard me deviate
from the truth he tells what is untrue"
Here there was hum of excite
Inent throughout the court room; the
Judge interfered and ordered that
order be restored and that counsel
confine themselves to the case.