Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-04-03
Mr.. GIBSON'S APOLOGY
Did Not Prevent Mr. Rule Being
Hold.
The Alleged Libel ON Congressnan
Bartlett-Two Men of the Same
Name Were Mixed.

Vile Journal. who was arrested three days
ago on a charge Of criminal libel. appeared
in Judge Miller's court this morning to
answer the charge. The complaint was
made against him by Congressman Frank
lin Bartlett of New York, as heretofore pub
lished in The Star, because of an article
published in the paper mentioned. The ar
ticle complained Of was headed: 1T was
stolen" and charged that Congressman
Bartlett mad purloined a circular from the
office Of Polkinhorn, the printer. on D street.
This circular. as heretofore published, was
Printed for Congressman Gibson of Tennes-
see for use in his own state, and one of
them reached the floor of the House, where
1t was referred to in a manner which did
/ OF please the Tennessee member. How the
circular got in the hands of Congressman
Sulzer, who made reference to 1t on the floor
of the House. was not known. and the ar
ticle in question purported to solve this
mystery.
The defendant in the case is Congress
man GIDson's private secretary, and the
Congressman was present in court to assist
Lawyer John A. Clarke in the defense of
the case.
Clerk Potts read the lengthy article. and
asked Mr.. Rule, Are you guilty or not
guilty?"
mot guilty." he responded.
Representative Bartlett.
The complainant testified that he is the
Frankl., Bartlett mentioned in the article
Witness had not seen copy of the paper
but had received a clipping from a man in
Tennessee. He objected to giving the
ma me of the man who sent him the copy of
the article.
His attention was first called to the
article by reference to it in the Washington
Pest on the day the article was published
in the Knoxville paper. This publication
as to the effect that the discovery con-
corning that circular had been made by an
arguS-eyed correspondent in Mr. Gibson's
district.
When witness received the letter from
Tennessee. in which was inclosed the clip
ping of the objectionable article, he called
at No. ~ 9th street, and there he met
Mr.: Gibson. who introduced him to Mr.
Rule.
Witness asked Mr.. Rule if he wrote the
article, and he said he did. He said he
wrote 1t in this city, bu; had since correct
ed 1t.
Did he show you the correction"' wit
ness was asked
He did not"
Have you seen any correct tion?"
Il have not"
Have you seen what purports to be a re-
traction?'
mo. sir"
Witness said on cross-examination that
when Mr.. Sulzer read the circular he wit
ness) was entirely ignorant of 1t. So far as
innocent
the circular as is counsel
During your conversation with the de-
fendant did he mention the name of Mr..
Bartlett Of Georgia." Mr.. Clarke asked
witness.
He did not, but Mr.. Gibson may have
made some alluson to him"
DO you really think that Mr.. Rule in
tended to injure you?"
Il think he intended to injure me in the
same way that an assassin intends to in
5ure man by stabbirg him, although he
may not Know the man personally"
He concluded that Rule had malice be-
cause he referred to him in the article as
one of the two sweet scented New York
ers' and his reference to the Cuban and
pension discussions as means of identifi-
cation.
"And you think he intended to harm,
your
"A man who refers to another as a pur-
lo!ner. thief and liar. to my mind, intends
to do harm: the article itself bears evil
dence Of expressed malice
But" remarked counsel, 'it was absurd
On its face, for everybody who knows Mr.
Bartlett kr ows he's an honest man, and
stands above anything Of this kind"
Il desire to say" said Mr.. Bartlett
that every statement in the article is
absolutely false"
Mr. Gibson's Apology.
Mr.. Gibson was next called by the gov
ernment and he told the court that he was
ter twenty-five years practice he was
elected judge Of chancery court. and was
afterward elected to Congress.
MIR. Rule is my private secretary" he
said when questioned.
rs he also correspondent for the Knox
vile JourLal?''
He writes articles for the paper. but
there are also other correspondents"
Witness explained that he had not read
the articles in the journal until after this
prosecution was started.
This concluded the examination Of wit
ness, but the witness was permitted to
make an explanation of the affair, during
which he shouldered the responsibility for
the mistake of his private secretary and
offered tho New York Congressman an
apology.
During the progress Of the debate on the
Bayard resolution, he said. Mr.. Sulzer pro-
duced copy Of the circular, which he
(Gihson) had not received from the printer,
and undertook to burlesque II.
I'm my reply" said witness, 'T stated
that the circular was in the hands of the
printer and 1t must nave been stolen.
said that the receiver was as bad as the
thief, and that IL there were no receivers
there would be no thief
Witness went to the printers for an ex-
plenation, and was told that Mr.. Bartlett
who was there to get some work done.
had taken ono of the circulars.
who Is Mr.. Bartlett?" interrupted the
complainant.
1t turned out to be Mr.. Bartlett Of Geor-
gia," answered witness.
He said he had in his mind no Bartlett
other than Mr.. Bartlett of New York, who
Is colleague Of Mr.. Sulzer's. He had
been one Of tho most conspicuous men in
the House.
And you thought he was the kind Of
man who would be apt to do such thing?"
interrupted Mr.. Bartlett impatently.
1T was my mistake" answered witness.
land I sincerely beg your pardon for it."
Witness said that when he explained the
affair to Mr.. Rule. the latter Immediately
telegraphed full correction 10 the paper
Later he saw Mr.. Bartlett and made an
apology for Mr.. Rule, and understood from
Mr.. Bartlett that the correction would sat
isfy him.
"Mr. Bartlett told me-" said Mr. Gibson.
that IL the correction was made it would
satisfy him.
mo. SIR" spoke Mr.. Bartlett sharply.
81 didn't say that. for at that time did,.'t
know the extent of the libel"
II feel very much mortified over the
affair."" said Mr. Gibson. after he had made
some further explanations. land I wan: