The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-12-22
HART AFFIDAVIT IN
JUDGE ELLIOTT ADMITS 1T ENTIRE
AND 1T IS READ TO THE
JURY.
HATCH ON CRIMINAL LIBEL.
HE GOES INTO THE WEST PULLMAN
DEAL AT SOME
LENGTH.
ON CRIMINAL LIBEL.
SAMUEL HILL ON THE STAND.
CIenr in His Answers-Says He Was
Consulted Regarding the West
Pullman Deal

Haskell, manager of the Times, for
libel, was well under way yesterday,
the defense introducing and reading
the Hart affidavit, which was the pub
/ LEGATION commented upon in the objec-
tionable editorial. There was little OBJ
lection by the state, except as to GER
tain portions of it, which it was
thought was foreign to the subject.
The whole article went in, however,
and was read to the jury.
Following this Samuel Hill, presi-
dent of the Minneapolis Trust COM
pany, was put on the stand by the de-
Tense and asked regarding his connec-
ton with the company. and especially
his connection with the West Pullman
| DEAL about which all the trouble
arose. Mr.. Hill was clear in his an
swers, and appeared to be trying to
cover up nothing. He admitted that
he was consulted in regard to every
move in that matter when he was in
the city. What occurred out of the
city he did not know The defense ap-
peared to have use for Mr.. Hill in
showing from the records of the COM
pany every move it made in the bond
! transaction, and when court adjourned
at o'clock he was still on the stand
answering the questions Of Mr.. Jack
son.
AT the opening of the court Mr.
Hatch, Of Chicago, discussed the law of
Ible. He said Mr.. Haskell was on
trial exactly as though he were not a
publisher of newspaper. Any person
who had taken the paper and circulated
or called attention to the article was
equally guilty with Mr.. Haskell Mr.
Hatch promised to prove that Mr. Has
kell did not write the article in ques-
ton; that he knew nothing of it until
the noon Of the day it was published.
The prosecution knew that and knew
who published it. How under heavens
he could be held for criminal libel I'M
der the circumstances was beyond eX-
PLANTATION. Taking up the facts in the
case Mr.. Hatch reviewed the failure of
the Guaranty Loan company and its
holding of collateral in trust as guaran-
ties Of the Menage notes amounting to
$lO00,OOO. The Minneapolis Trust COM
pany was appointed receiver of the de-
funct company and trustee of the col
lateral. In this collateral there were
$3OS,O0O of bonds Of the West Pullman
company, secured on lands in the city
of Chicago-lands of considerable value
After the right of the trust company
to administer the collateral had been
i4NAS1(Co, I1lC COMPANY set ABOUT us
posing of them The West Pullman
company made offers to the trustee for
the bonds. In the meantime some of
them had been paid and the remaining
total was 1895, 600. The trust company
refused the offer of sixty cents on the
dollar, on the ground that the bonds
were worth more. About that time Mr.
Hamblin, assistant secretary of the
company, evolved a scheme and went
East with it, Within forty-five days
after the company had stated that the
bonds were worth par they were dis
posed Of at ten cents on the dollar
Further. Hamblin himself had bought
some of the bonds and the whole deal
was carried on with the consent of the
Minneapolis Trust company. With it's
consent bonds worth $685. 900 had been
disposed of at ten cents on the dollar or
at price of $4,000. AS receiver of the
Guaranty Loan, the Minneapolis Trust
company was interested in about 10 per
cent of the bonds, bonds that belonged
to the defunct company. To cover this
interest it bought about $4,000 worth
of the bonds itself at ten cents.
AZ the conclusion of Mr.. Hatch's address
Mr.. Jackson arose and offered in evidence
the detailed and circumstantial sworn
statement" the Hart affidavit published in
the Times July 81. Mr.. Jackson said that
the filed affidavit itself would follow the pub
lished copy.
Judge Belden objected. He argued that the
affidavit was not in court on the day of the
publication, and therefore not privileged.
! If it were to be admitted at all only certain
part could be accepted The whole editorial
did not relate to the affidavit. He again
emphasized his willingness to admit part of
the published affidavit as being the subject of
the editorial but reserved objections as to
the privilege of the affidavit. very brief
discussion of the objections followed. Mr..
jackson demanded an immediate ruling Mr..
Beden called for an adjournment and charged
Mr.. Jackson with trying to buldoze the court
into ruling without due elaboration. Mr..
Jackson replied that the prosecution was kill
ing altogether too much time.
Judge Elliot put IN end to the acrimonious
discussion by admitting the affidavit as pub
lished in the Times July 81 Mr. Jackson
Immediately proceeded to read the four-col-
umn publication to the jury.
SAMUEL HILL RECALLED.
Mr.. Hill was recalled and examined by Mr..
Jackson. He testified that the West Pullman
bond matter came before the executive COM
mittee of seven of the Minneapolis Trust
company. He said he thought he was pres
ent when the bargain was made for the dis
position of the bonds His recollection was
that besides himself Messrs. Dunwoody, Lin
ton, Brown and Lindley were at the meet
ing. Asked how business was transacted by
this committee, he said:
There is q committee of seven of the di-
rectors who constitute the executive COM
n1ittee; no action in the conduct of the COM
pany's business is taken without being sub
mitted to the executive committee; no en-
ploye Is hired, no trust is accepted, no as
sets are disposed Of no act binding the COM
pany is determined upon unless by the ap-
prevail of that committee; four of them con-
stitute quorum; they are practically always
in session everything is submitted to them
and Mr.. Hamblin, whom you speak of, was