Evening journal., 1897-02-04
ROBERTS LIBEL CASE.
The Editor Pleads Guilty to
the. Hastings Attack.
COUNSEL TRIED HARD TO QUAsH
SUBMITTING TO THE COURTS
FINAL DECISION, TECHNICAL
GUILT is ADMITTED, BUT DE-
FENCE CLAIMS THERE WAS NO
MALICIOUS INTENT.
MALICIOUS INTENT.

a
MALICIOUS INTENT.
George w. Roberts, editor OF the
State Sentinel was put on trial for
criminal libel under the indictment
quoting a certain publication Of October
"a in the Sentinel attacking Washing
ton Hastings, the Higgins Republican
leader. The case brought out an array
! OF legal talent representing the two
factions of the Republican party II
was only the second case of criminal
libel ever brought up in Delaware. The
nrst case was against Jeandall before
Judge Harrington.
Mr.. Roberts appeared within the bar
with his counsel, Henry c. Conrad. Med
ford II. Cahoon and II. H. Ward. Be
fore proceeding to arraign the accused
editor Mr. Cahocn presented a motion
TO quash the indictment. and made an
eloquent argument for nearly two
hours, quoting numerous authorities
and declaring that the editorial quoted
contained absolutely no allegation that
was criminally libellous.
Deputy Attorney General Cooper was
assisted by Andrew c.. Gray in the
| prosecution, but closely associated with
both were ex-senator Higgins, Colonel
Benjamin Nields and Hugh c. Browne.
Deputy Attorney General Cooper Wig
orously opposed the motion to quash.
He said that he would treat the mat
ter as a question of law and not as a
question between two political factions.
He cited a number of authorities which
were opposite to the stand taken by Mr.
Cahoon.
Mr. Ward closed for the defence. de-
claring that no matter how injurious
an article may have been It was not
libelous If 1t was true. He further
contended that the indictment should
have read that the author knew the ar
ticle was false at the time il was pub
lished. The court announced that It
would give a decision on the case this
morning as sOcn as court opened.
u YOUNG MIDDLETOWN BURGLARS.
William Watkins and Matthew Brown
were brought up in county court for
trial for the sensational Middletown
burglary last Monday night, and both
pleaded guilty to robbing the store of
j. b. Messick Police Officer William
Dickson. Of Middletown gave Brown a
good reputation prior to his entering
this store The court sentenced each TO
! be whipped with twenty lashes. to be
imprisoned six months and to stand
one hour in the pillory
John Jackson admitted the theft of
twenty pounds Of pork from George
Simons. .Jr.. and also that he is en- old
, offender. and he was sentenced 10 pay
. SLIP restitution money. be whipped
: with fifteen lashes and be imprisoned
: one year.
The grand jury returned true bills
/ against John Kelley, of New Castle, us
ing a female child for immoral pur-
poses; George Brown, gambling; VIII
! liam Powell. larceny.
THE COURT REFUSES TO QUAsH.
Immediately upon the reconvention
of court this morning Chief Justice
Lore announced the courts decision
upon the motion to quash the Roberts
indictment. we have considered the
two grounds laid-flrst that the matter
+ is not libelOus; and, second, that there
. is no averment Of knowledge Of falsity
. We think that these are not sufficient
grounds to warrant Quashing this in
dictment"
Henry c. Conrad, after a long consul
tation, arose and stated that Mr. Rob
4 erts wished to enter a pleal of guilty
submitting to the courts decision that
the matter was sufficiently libelous tC
EO UtlUIE a jury w HlAt NtltMtt 0WHAll
j. ted. because of this. that defendant was
| technically guilty. yet defence denieC
i any criminal intent or any real guilt tC
r financially or socially damage Wash
d ington Hastings or any other man.
A NEWSPAPERS RIGHTS.
Mr.. Conrad quoted decision OF on
of the most prominent judicial nuthori
ties as follows.
u THE public newspaper has right L
le discuss these matters which relate q
le life. habits. comfort. welfare and hap
l. piness of the public. In doing 50
p may state facts. draw inferences. an
T. give its own views upon the facts.
y, may err in its deductions. and if the
y are false, they are not actionable un
n less special damage be proved. Every
one has right to comment on matter
of public interest and general cOncerr
provided he does so fairly and with a
IL honest purpose. Such comments ar
I'M not libelcus. however severe, unles
ne they are written intemperately and ma
IL liciously."
or The court deferred sentencing NJ
d Roberts until tomorrow morning.
DISPOSING OF SMALLER CASES
George Brown, H." was arraigne
er l.lOI BdIuDlllEs Ilttutu iltt 6uiite an
es said he had secured Mr.. Marvel 20 rel
o. resent him. Brown afteTward pleade
We guilty and was sentenced to one mont
ke William Powell. better known ;
"Reddy," admitted the theft of tv
suits of clothes and vest He W.
sentenced to pay S13 restitution none
serve three months in Jail and be viii
u ped with ten lashes.
'e' john Kelley. Of New Castle, plead'
d' not guilty to using a female child f.
immoral purposes. and conducted h
Nl own case. He ordered the summoniI
CT eight witnesses from New Castle an
a subpoena was issued, returnah
forthwith.
'st TRIED FOR STEALING a TEAM.
leo Alfonso Davis was Put on trial b
1st fore a jury with Clayton w. Riley
foreman. for stealing a horse, carria
and harness belonging TO Isaac Suite
n Of New Castle avenue. on December
- Afr sutton testified that the team