The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-12-16
DEFENSE TO PROVE
THE TIMES LIBEL
SUIT.
JURY AT LAST SECURED.
TRIAL WILL BEGIN TODAY-0NE
INDICTMENT DISMISSED BY
AGREEMENT.
MAIL THIEVES PLEAD GUILTY.
Federal Grand Jury Will Attend to
Their Cases Later-MinneapoIis
Matters.

The case of the state against The
Minea polls Times, with William E.
Haskell as the nominal defendant, will
begin this morning in the taking of
the evidence before the jury. In the
morning, at $780, a motion viii be made
to quash the Indictment and arguments
on that matter will preeede the opening
OF the case
Yesterday, the jury was completed,
and by the consent Of the prosecution,
the indictment against The Times
Newspaper company. as a corporation,
was dismissed, as it was very uncertain
as to whether or not the indictment
would hold. The case of the state was
opened by County Attorney Peterson,
with an outline of the case to the jury,
Mr.. Jackson, for the defense taking
exceptions to certain Of his remarks,
in which he asked the jury to put itself
in the place of the injured parties.
The states case viii be very short,
the defense being called upon to prove
the truth of the alleged lbelous arti-
cle which will bring in lengthy issue
for trial the same which has been pa s.
ed upon adversely to the The Times,
by Judge Russell.
The jurors selected are: Edward Abb
er, W. j. Dean, Joseph NJ Hall, Felix
McNamee John A. Norling, C. M. e.
Carlson. S. Sibley Irving, William f.
Ustick, Clifton II. Wadsworth William
H. Daw, n S. Smith and Ed. E. Steb-
bins.
The morning proceedings began with
L fA,.
juror. He was objected to by the de-
Tense and in the examination the fact
was brought out that he had been the
promoter of Minnetonka excursion in
which the railway was supposed to
have an interest. After a long dispute
Nj. Seymour was excused.
c. NJ. E. Carlson, mantel manufac-
turer at 307-309 Sixth street SOUTH was
the next candidate for the jury.
At this point Mr.. Jackson introduced
Azel F. Hatch, of Chicago, as assistant
counsel for the defense.
Carlson was accepted with not more
than half q dozen questions.
s. Sibley Irving, 1921 Western avenue,
was not challenged by the defense, met
the same disposition at the hands of
the state, and was accepted.
William F. Ustick, of the Mercantile
Statement company, was passed by
both sides without challenge and be-
came the eighth juror
Harry F. Turner, a hackman living
at 500 Western avenue, was the next
candidate. He admitted that he had
been a witness in the Howard case,
was challenged for implied bias by Mr..
Jackson. The challenge being admit
ted, Turner was excused.
Mic Tautges was called, but was ex-
cused because the clerk had spelled his
name "T-o-u-g-e-s.
Clifton II. WadsWorth, an East side
farmer, escaped with no challenge from
the defense Mr.. Peterson interpOsed
a challenge for general Disqualified
tions, but withdrew it and put in
challenge for actual bias. Finally he
withdrew that challenge and Mr.. Wads-
worth became the ninth juror
George Knies and Joseph Perusse
were excused.
William H. Daw. 27O9 Fourteenth
avenue south, a carpenter who has lfv
ed in the city thirteen years and Is now
employed by the Milwaukee railroad,
was made the tenth juror.
J. f. Redding. 2427 Columbus avenue,
an exponent of the portrait business"
was challenged by the state for implied
bias and was excused.
Louis Jacobson was excused by con-
sent.
n. =. d
MtnnetOnka was transmitted into the
eleventh Juror without a challenge.
Before court adjourned for the noon recess,
the Judge said Now, gentlemen of the jury,
I want to caution you particularly about
talking about this case, allowing any one
to talk about the case in your presence. In
view OF the facts that charges have been
made that jurors have been approached in
other cases around this court room, l want
to ask you to report to me promptly II any
10 n with reference
to this case. Now, I do not assume that they
will, but if anything of the kind does oc-
cur, in order that the jury may be above
suspicion, report it promptly to the court.
In the afternoon c. S. Stebbins, OF Oak
Grove street, was accepted as the twelfth
Juror.
Mr.. Jackson moved TO dismiss the indict
ment of the state against the Times News
paper company, on the ground that a corpora
ton could not be indicted for libel. The at
torney made use of the constitution, which
governs the right of the press to absolute
freedom and therefore the legislature had no
right to pass law which restricted any per-
son from the right to write and print
anything it saw fit. That section Of the con-
stitution was directly opposed to the act of
the legislature which imposed a penalty for
following the constitution regarding the free
dom of the press.
A second cause cited for quashing the in
dictment was that there was no provision
in law making libel by a corporation a penal
offense. The attorney argued the matter at
great length from numerous authorities.
Judge Belden replied to the argument, start
ing out with the assertion that common law
allowed Indictment OF corporation Tor GRIM
inal libel and our code used common law
where not covered by code. Yet he was of
the opinion that perhaps there was grave
doubt if a bill could be found against cor
porations. Regarding the constitutional pro-
vision regarding liberty Of the press, he dill
fered from Mr.. Jackson. The court granted
tba motion and the Indictment against the