Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1897-09-23
A Justice Court Not filwauS A Court OF
Justice.

The hearing Of Edward Pollock on
the charge of criminal libel was held
in Boscobel last Monday. The JUS
tice before whom the case came dis
missed it on the grounds that he did
not think, on the evidence before him,
that jury would convict. He
seemed to think he was trying the
case and had to decide the question
Of guilt or innocence. Any one who
Knows anything about law is aware
that it is unusual to present sufficient
evidence at a hearing 70 convict.
The object Of a hearing is simply to
show probable cause fo~ action. The
trial is for the circuit court.
The justice admitted that never
before in his history had he had any
thing to do with libel suit and that
he did not know really what he ought
to do. 1t would seem that in such
cases land in fact such has been the
general rule in this county, the JUS
tice should follow the wish and
advice Of the district attorney who is
versed in law, is presumed to be I'M
prejudiced and competent to give adj
vice. and who really carries the re-
sponsibility Of the case on his Shout
ders.
Especially should a justice observe
the viii of the states attorney in a
case where there are few if any facts
in dispute, the question at issue
Ringing on points Of law.
The vehemence OF the defendant
and the oily eloquence Of his adroit
attorney seemed to so confuse the
Justice that he could with difficulty
remember whether Pollock or Show
alter was the defendant. frequently
confusing their names and once
swearing a witness to "tell the truth,
the whole truth, etc." in the case
wherein the State Of Wisconsin is
plaintiff aud Ed,card stotcalter de-
PENDANT
some Of the absurdities OF the hear
ing as it progressed are interesting
aud would be laughable were they
not 50 unjust. The able counsel for
the defendant and the defendant him
self by his mods. EXPLANATIONS, inn
passioned appeals and arguments,
actually maintained that in the Gus
Kroening article about the 'scent"
that went long way etc. there
was no intention to refer to Showal-
ter as skunk: and that when Pollock
said concerning Showalter's "self de-
Tense" that one car imagine what n
skunk would do Z II were poked and
forked ont Of a barn or smoke-house.
or chicken house, he did not mean to
ascribe to him the degrading aud vile
characteristics Of such an offensive
animal.
According to Pollock and his attor-
ney. Pigeon eater" as used in the
Teller was not ,belous appellation.
That it grew ont OF false charge Of
wantonly shooting pigeons at Willis
and that il was repeatedly associated
with such expressions a. ..robbing
pigeon roosts" and chicken and pig
con thieves and was intended to
convey 10 Teller readers the idea
that the complaining witness was a
thief, was simply a joke They even
got the justice to say that he could
not see that any Of those writings or
charges should cause him to bind POI
lock over
That Pollock should stultlfv him
self by humbly begging the court 10
believe that he never said anything
bad on libelous # the editor Of the
Herald OF his family. when All hi,
readers know that he has racked his
brains to write the worst his evil
mind could couture UPS NOT sur
prisiug, it bus show. his craven soul.
Bat that an intelligent justice should
believe him is the astounding and
eNasperating par ~ IL
In The name ot al thar lair and
honest what Is SANDER hat kind #
writing : not What protection has
citizen ii that KIND Fl accusation
and charge is u IS brushed aside ~
judicial authority a~ harmless, fun OF
as the attorney suggested. mere mel
Witty
There is no justice in ,uch deci-
sion. We 10 net believe il IS good
law
The following are recognized legal