The record-union., 1896-06-06

oy MA DSVlilt, tue court spoke as lOl-
lows and made the following order, to
wit:
The Court saw that article late last
evening in the Bee I believe it was
as late as IL o'clock. 1 have no hesi-
tation in saying that the statement to
which counsel has just referred Is a
grossly false statements gross fabri-
cation. There was not the slightest
| ground in the testimony of Mr.. Tai
| madge upon which such a statement
could be based, and 1t is a reflection
upon Mr.. Talmadge, as much, perhaps,
| as it is on Mr.. Jones' Mr.. Talmadge
never made the statement that, as thi.
| article states, he had visited a crib on
l. street, ETC., etc. 1 do not know that,
| as at present advised, the court has
any power to prevent such conduct on
the part Of newspaper reporters, or to
punish them for such gross outrageS. l
feel quite certain if I had the power to
do it, | would exercise it most freely. To
prevent any further occurrences of this
klnd, as Tar as in my power to do, l
| snail make an order that from this
| time to the conclusion of the trial, all
| parties except the officers of the court,
| the parties, their attorneys and the wit
| nesSes Shall be excluded from the court
! room. That authority / have. That is
TO some extent to prevent the perpetra-
| ton OF such outrages as this clearly is.
thought Of making this order, and re-
hected upon it last evening, and this
| morning concluded we could perhaps get
| along to the end of the trial without any
further order in this regard, but, in
view of the fact that counsel has
brought it to the attention of the court,
in this public way, l deem it necessary
and proper at least to make this order
and proper at least to make the order
in this way:
''At the commencement of this trial
it not appearing to be necessary that
the trial should proceed with closed
| doors, the court made no order to that
effect, but it now appearing that gross
ly false and unfair reports of the testi-
mony have been made in two newspa-
pers, and to prevent as far as possible a
continuance of such reports, it is or
dered that from this time until the tes-
timony is closed on both sides all per-
sons except the officers of the court, the
| parties, their witnesses and counsel. be
| excluded from the courtroom The
|
reason that it is apparent that the pres
ence of large number of spectators
has the effect upon some of the wit
| neSses to seriously embarrass them in
| freely giving their testimony"
| Third-In the afternoon of the same
day, the 29th of May, while the said
court was engaged in the trial of said
action, the said Evening Bee pub
1 lie in,
| lowing words, to wit:
THE Bee will not keep in its en-
| ploy reporter who garbles or who
misstates. But when a newsgatherer
does his duty and tells the truth it will
not stand silently by while an aggrega-
ton of attorneys try to make him out
a liar, and while a prejudiced and vim
dictive Car upon the bench aids and
abets them in such a purpose. The
| Bee reasserts that, in all material de-
tails, the statement of Talmadge as
given in the Bee of yesterday was the
statement he made upon the stand at
Wednesday afternoons session. The
Bee will go further than that 1t will
| declare that both the attorney before
the bar and the Judge on the bench
knew that the statement made in the
Bee was an essentially correct epit-
ONE of the testimony given by Mr. Tai
madge at the very moment when they
unhesitatingly, shamelessly and bra
zenly declare it to be a gross fabrica-
tion.' There is no paper anywhere that
| has higher regard for fair
and impartial courts than has
the Bee; but there is no pa
per anywhere that has a supremer
| contempt than has the Bee for q
Judge who will approve the unmitigat-
ed falsehood of an attorney, as Judge
Catlin to-day approved the brazen mis-
statement of Judge ]. B. Devine.
Attorney Charles T. Jones said he
| wanted a vindication, and yet Judge
Devine at the bar and Judge Amos P.
! Catlin on the bench combine to close
the doors to the open exposition of such
| a vindication, and in so doing give out
statements which are as palpably false
as the article they denounce was essen
| TALLY correct as a report of court oc-
| currences."
| And newsboy was in the Courthouse
| in the main hall leading to the court
| room engaged in selling said newspaper
| containing the aforesaid editorial arti-
Gle the same afternoon while the said
dcIlOn was on Irlal.
Fourth-At about l o'clock D. M of
the same day, the 29th of May, the de-
fendant, Charles K. McClatchy, applied
| to the official reporter of said court at
| his office. for transcript of that part
of the testimony of said c. " Talmadge
which related to the subject matter of
| the aforesaid remarks of ]. B. Devine
| and the said Judge; and the said re-
porter without delay, and as soon as the
work could be performed, at the hour
| of 1:30 p. m, furnished the said news
paper with a true transcription of the
testimony so asked for, which time was
about two and one-half hours before
the time when the said paper was is
sued from the press.
Fifth-That the said defendant,
Charles K. McClatchy, was at the dates
and times aforesaid, and is, the editor
and one of the proprietors of said news
paper, and wrote and published the
aforesaid editorial article of the Doth
DAY of May.
Sixth-That the said Charles X.
McClatchy also on the 3Oth of Nav. and
while the said trial was still pending.
wrote and published in the said news
paper an article referring to said tes-
timony of said c. " Talmadge, and
| the aforesaid remarks of j. b. Devine
and the said Judge, the following
words, to wit:
THE Bee promises that when ~
| publishes the balance no intelligent
| man can find an excuse for the out
rageously false statements made in
| open court by ]. B. Devine and Hon.
A. p. Catlin." And on the 1st day of
| June, 1896 the said Charles K Nc.