Omaha daily bee., 1896-10-25
South Omaha News 4.
81 q 81 81

John II. Ritchhart. editor OF the South
Omaha Daily Sun. was ,ried in police court
yesterday on two charges Of libel preferred
by Mayor Bnsor. The court room wes
crowded but those who expected that some
interesting testimony would be introduced
were disappointed, for the defendant de-
cllned to produce any witnesses in substan-
tiation OF his statements, and he was bound
over to the district court in the sum of $500.
This amount OF bail was furnished by Dan
Harmon. County Attorney Baldrlge con-
Quoted the case for the state, and Mr. Ritch-
hart was represented by w. c. Lambert.
Before taking up the trial of the frat case
another complaint was filed, charging the
editor OF the Sun with libeling Mayor Ensor
In his paper on October le.
IL was agreed between the attorneys to try
the two complaints together, as far as pos
sible, and after Ritchhart had been ar
raigned and pleaded not guilty. Roy FOWL,
the first witness, was called. Witness testi-
fed that he been employed rs city circula-
tor of the Sun during vacation last summer.
At that time the list of paid subscribers
numbered between 100 and 200.
That the Sun was a paper OF general cir
culation was proved by Postmaster McMillan
and Frank II. Clark, mailing clerk at the
postoflce. Mcmillan testified that about
three pounds OF the paper passed through
the postofhce every day, addressed to points
outside of this city. Frank Crawford, u
printer employed by the defendant, testified
that he had been compositor on the sun
for nearly a year, and that John +. Ritch
hart was the editor and proprietor OF the
paper. Witness further stated that Ritch-
hart wrote the articles which are asserted
to be libelous by the prosecution.
Copies OF the paper containing the alleged
libels were introduced in evidence. but this
was objected to by MIR. Lambert, because
he asserted, the words used in the complaint
did not constitute any crime. Judge Christ
mann overruled the objection and copies of
the paper were admitted as evidence.
Mayor Ensor was called to the stand and
stated that he was the mayor of South
Omaha and was the person referred to in
the Objectionable article, wherein "our
mayor" was referred to. Taking up the see.
ond complaint, the mayor declared that he
did not now, nor had no ever edited Nc
Kinley paper neither had be ever had any
proprietary interest in such a newspaper.
He admitted that he named the appointees
who are now holding positions under the
municipal government but denied ever hav-
Ing taken any money from such appointees,
as charged by the Sun. Taking up the
word "boodler," he was asked to give +
definition of the word, and he said II meant
'the corrupt, or Illegal use Of money, money
used for the purpose of bribery, etc" At
torney for the defendant objected to the wit
ness giving his idea OF the meaning OF the
word, but the objection was overruled.
Continuing, witness related portion OF Il
conversation he had with the defendant. in
relation to making a retraction OF the
charg s. At that time he told Ritchhart
that he had never taken a cent from any
OF his sppointees. On cross-examinatlon
witness admitted that he had not been on
friendly terms with the defendant since the
attacks in the Sun commenced. There was
long wrangle over the meaning OF the
word DOODLE" and then the state rested.
Attorney Lambert made a motion 10 dis
miss the first Complaint on the grounds OF
insufficient proof and failure to show cause
in that the words used had not properly con-
nocted the complaining witness with the
published article. This motion was over
ruled. as was also a motion to dismiss the
second complaint. Exceptions were taken
to the ruling OF the court in both instances.
The defense decided not to introduce any
held to the district court for further hear
t,,s