The Portland daily press., 1896-01-28
OUT ALL NIGHT.
juicy In the Libel Case Struggle
for a Verdict.
STILL DEBATING AT $50 THIS
MORNING.

A Flood of Eloquence In the Court Yester-
| day-Hesth and Noble Do Their Pret-
tiest-Judge strout's Charge to the
Jury-Great Interest in a Verdict Last
/ Night.
| The arguments in the Plumner- Express
! libel were delivered yesterday in the Su-
preme court. There was a larger audi
ence than at any time during the trial.
Many lawyers of eminenoe were present
to hear the eloquence of the opposing
counsel.
ARGUMENT FOR THE DEFENSE.
| Mr. Heath began for the defense by
saying that he had no doubt that the
jury had been impressed all through the
trial with the Importance of the case as
it involved the right of the public press
| to perform its duty under the limitation
| of the law.
| Tt was fortunate for the jury that they
had listened to the testimony of the
defense brought out by the searching
and able cross examination OF his brother
attorney.
| After some desultory talk with him
! (Mr. Heath) they would listen to the
impassioned eloquence of his brother from
Lewiston, who is an orator by birth and
one of those who has the rare power of
making lead appear as silver and 5ipsel
put on the color of gold.
| He, himself had no oratory Tor them.
He oouldn't if he would and he wouldn't
If ne could. His experience had taught
him that juries wanted the sunlight of
truth, not the twilight of eloquence.
| 1t seemed to him that this case is more
important in its principle than as a mat
ter Of dollars and cents. The plaintiff
came, asking for sum, ridiculous on
the face of it. He brought not word in
| support of his claim that ne had suffered
| in reputation and in distress of mind. You
can't guess at damages without proof.
| Outside of the damages for short sus-
pension from his Office, only the bare
| question of vindication is left. For n
days he was deprived of the privilege,
blessed to him, but not so to the people,
of standing about the streets and draw
| ing 50 day while he made but one ssiz.
ure a week.
/ While suspended he was still clothed
with the power OF his office and able to
secure all the privileges of this vicious
fee system of our laws, IN the civil busi-
ness.
Mr.. Cram, at the opening of a political
campaign, saw fit to quietly shelve Mr..
! Plummer When the campaign was over
be was reinstated. We are not RESPONSE
bIe for that. In fact and in law the ques-
ton is made simply one of vindication of
| character
| Three eminent gentlemen have testi-
| fed, as to Mr. Plummer's good name at
the time of July '94 By their silence
on the subject they have shown that his
good name is uninjured now. Why did
| they not introduce testimony as to his
loss Of reputation?
| Was this man suffering great mental
distresssswhile he was in hiding in Locks
Mills and Bryant's Pond. committing
moral forgery, and inviting men to COM
nit crime, that he might charge the
county for each one $4.772
| Mr.. Plummer had forgotten that it id
the duty of offices to detect crime COM
mited, not to inoite men to commit crime
When he does that he disgraoes the state
that he misrepresents. Morally the pur-
chasers of liquor are Ms guilty as tie
seller.
| The plaintiff S silence on the question
of damages is well chosen. AS matter
of dollars and cents this case becomes
insignificant, but as a matter ef prinoi-
pie, involving the duty of public officer
aud the rights of the public press, this
case is as weighty as any that will lie
upon your consciences for the rest Of
this term.
| The plaintiff S case puts him in this
position, binds him to this proposition
i with chains of his own forging; that
| this is a case of vast Importance in it's
principle. The officers want to know
their rights, the public press wants to
know it's limitation and duties. Above
all, the people want to know if the press
has the right, as it is its duty, to fear
lessly express what is worthy of justifia-
BILE suspicion in public officials.
Corruption stalks forth today in this
country as never before. The demons of
pelf and plumber are running their mines
| Continued on Secopd p.~a