The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-12-05
TAYLOR LIBEL SUIT.
Yesterday Spent in Arguing Tech
nicaa Points of Law.

nicaf Points of Law.
Judge Schoon1naker attempted to
bring about a legal reconciliation with
( Miss Rebecca Taylor yesterday during
the libel trial in the municipal court
The plaintiff stated to Mr. Durment,
counsel for the defendant, that if Miss
Taylor would make a written state
ment saying she published the article
referred to in good faith, believing 1t
to be true, and subsequently discovered
that it was not true, he would with
draw his case against her.
After considerable elaboration Miss
Taylor refused to do so.
Upon the opening of the morning
session Mr.. Durment resumed his argu-
ment for the dismissal of the case, and
Judge Orr excused the jury and wit
nesses until 1 O'Clock in the afternoon.
The counsel for the defense made q
lengthy argument, quoting numerous
authorities. Court was adjourned I'M
til O'Clock, when States Attorney
Butler asked that Judge Schoonmaker
himself argue against the dismissal.
He contended that the substitution Of
the name Judge for James was
not material At 2:30 O'Clock an ad-
journment was taken, when Judge
Schoonmaker made the proposition to
counsel for the Defense asking for a
retraction of the libel and promising
in return withdrawal of the case Miss
Taylor refused.
Mr.. Butler then proceeded to argue
against a dismissal. when he was in
terrupted by Miss Taylor, who. against
the wishes of her attorneys, made a
personal and private application to
Judge Orr to have the case continued
until today. The court decided to
hear Mr.. Buffers argument first and
then act on the application for a con-
tinuance
Mn R11+Ja -I,0 fro -
fess that he was satisfied the motion
for dismissal should be denied He
said:
This IS not a crime punishable by
death, transportation or Imprisonment
! in a dungeon. 1t is a misdemeanor
punishable by small fine, or short
imprisonment -
Mr.. Durment replied by stating that
the state was trying to prejudice the
jury. He spoke of the deviation of the
charge, which, he claimed, is fatal to
the plaintiffs case
AT o'clock Mr.. Dur1nent closed and
Judge Orr said that there were but
two objections made that required
comment.
Il am inclined to regard the COM
plant as sufficient said he. The
only questions are ones relative to the
allegation of libel and proof of it. What
may be termed the headlines of the
newspaper article are lncluQeQ IN the
complaint, but not in the proof. The
allegation cites Judge Schoonmaker.
while the article in proof gives James
Schoonmaker. I admit that there is
some doubt as to the correctness of
the position, still I feel that it is my
duty to deny the lnotion.,, s 4
AT this point Miss Taylor and her
counsel, Mr.. Durment, had heated
argument in which the latter refused
to enter an application for an adj
journment, telling the defendant to
speak for herself Miss Taylor spoke
to Judge. Orr and Mr.. Butler After
considerable talking. in which each
juror had some stated time when he
would be unable to appear, and the
| plaintiff, defendant and attorneys also
| made it hard for the court to decide
upon a date for the continuance, fin
ally 9 o'clock this morning was set
upon by Judge Orr