Evening star., 1897-03-29
Commissioner Truesdell's Suit Against
Mr.. G. G.. Conn.
The TRIAL COMMENCED TODAY
Evidence Heard and Arguments
Over Legal Points.
SENATORIAL REFERENCES

pretor OF the Washington Times, was this
| morning placed Oh trial before Judge Brad
| ley In Criminal Court No. = on the indict-
| ment returned against him the Attn OF last
January, charging him with having GRIM
| inally libeled District Commissioner Geo.
Truesdell in the issue OF the Evening
Times of the I'd of last December District
| Attorney Henry f. Davis. assisted by Mr.
John E. Laskey, conducted the prosecl-
| ton, Mr.. Conn being represented 10y
Messrs. J. II. Ralston. r. l.. Siddons ana
| Andrew Y. Bradley. Commissioner Trues-
dell sat just back of the counsel for the
government. but few feet separating him
from Mr.. Conn. EN-Commissioner Powell
was among the spectators
Mr.. Conn never having pleaded TO the
Indictment Mr. Davis suggested that he
plead. His counsel waived a reading of
the instrument, whereupon Mr. Conn en-
tered plea of not guilty The work Of
selecting jury, both sides announcing
their readiness to proceed was next be-
gun, Judge Bradley stating that the IL
| legged offense being a msdemeancr each
challenges.
The first twelve men on the regular panel
were called into the jury box and. after
telng sworn TO give true answers TO CUES
tions asked them. they were examined hy
both sides as TO whether they knew Com
missioner 1ruesdell or Mr.. Conn, whether
they had formed or expressed an opinion
as to the guilt or innocence of the defend
ant, whethe- they were in the employ Of
either or the District government and
similar questions. The following wero final
ly selected and sworn as the jury: David {.
oswald, Thomas LuXen, Charles A Iarr-
ley, ID. A. Gorsuch, Andrew Glass Charles
=. carter. Alexander Lawson. Charles T.
Barnes, James IL. Cation, Philin A Delcr,o
John H. King and J. c. Bruce the latter
being the only colored member OF the jury
The Opening.
During these preliminary proceedings the
court room had filled up to a very great
extent, so that when Mr. Laskcy opened
The case to the jury on behalf of the gov
ernment the room was a crowded one Mr.
l-askey explained that the charge is tha.
OF criminal libel. the complaiued-of matter
being follows:
Mr.. Trucsdell has been by far the rnost
u satisfactory and the most cordially dis
iihed OF the civil Commissioners of the Dis
trict He has worked his office and ay-
thorlty purely for his personal benefit and
mas made no bones about it. lie is inter
ested in property in the extreme nortneas,
ana northwest, and has sought to divert
pupllc money to those places instead Of
spending ii upon more populous sections
he has used his office wholly for his nor
sonar gains, and he will not be perpetuated
in it,
The government would show. said Mr..
i.askey, that Mr.. Conn was at the tirne of
the Issue in question the proprietor of the
ilines and that he published or caused 10
be published the alleged libelous words
On behalf of Mr. Conn Mr. Ralston an,
nounced that the defense would reserve lis
opening address until after the government
ciosed It's case Mr.. Davis then called as
the hrst witness for the prosecution De-
tective Joseph W. Mattingly. who stated
that az the request of the district attorney
uhen Mr. y. A. Brney) he purchased at
the Times office copy of the Ey.rtn..
Times of December . lSa6 containing Tho
alleged libelous matter, the copy os me
paper being handed the witness and iden-
uiied by him Secretary William Tiadan
OF the board of District Commissioners the
next witness, testified that Col Truosleu
was December >. 1896 ard is now one Of
the District Commissioners
An Alleged Defect.
Joseph X. Potter the governments third
witness. now a teacher of manual training
in the local public schools, testified that he
was December =. 1s.6. the secretary of the
Times Publishing Company. He was asked
by Mr.. Davis what connection Mr. Conn
then had with the company and pa,er
when counsel for the defense objected. on
the ground that the indictment does .ot
allege that Mr.. Conn had any connection
with the paper or company. In that re-
spect, Mr.. Bradley argued at some length
ii is defective, and in support of his posi-
tion he quoted number of authorities.
In reply, Mr.. Davis submitted that Il was
liel HeCtSSSIy lc charge IN the nGlCtpienI
that Mr.. Conn held any connection with
the paper or company If the government
showed, insisted Mr.. Davis. that the al
legged litelous matter was published or
caused to be published by Mr.. Conn, he
would then be guilty of the offense.
After some further discussion, Judge
Bradley suggested that the question he
postponed until some time later i'm the case.
If then, said the judge, il becomes a ma
terial question the court can dispose OF il,
the rights of the defense to be fully re-
served until then.
Mr.. Conn and the Times.
The judges suggestion was adopted, and
then Mr. Potter testified under the formal
objection of the defense, that Mr.. Conn
was at the tin of the complained of pub
lication the president of the Times Com
pany, and the general manager of the
paper. Chas. f. Lewis. the cashier of the
paper testified that Mr.. Conn was the
recognized head or proprietor of the paper.
The witness was asked by Mr.. Davis who
composed the staff of the Times, when
Judge Bradley suggested that the defen-
dant's connection with the alleged libelous
matter could hardly be proved by show
ing who composed the staff OF the paper.
and then asking them in turn II they were
responsible. After some further questions
or the part OF Mr. Davis il appeared that
former Business Manager Goldsmith OF the
paper, a material witness for the govern
ment cannot be found by Mr.. Davis. But
Mr. Davis said he would show by the rec
ords of the company the position held by
the defendant.
Mr. Hutchins Testihes.
The next witness called by Mr.. Davis
was Mr.. Stilson Hutchins. who stated that
he is a newspaper man, the owner of the
Washington Times. He explained that In
negotiating with Mr.. Conn for the pur-
chase of the newspaper Mr.. Conn stated
that he was the owner of. and conveyed
what purported at the time TO be, a ma
jority of the stock of the company. and
that he was the responsible conductor of
the paper.
While ava vaitirg the receipt OF The min
ltes of the Times Company and other doc
umentary evidence as to Mr.. Conn's con-
rection with the paper and company, Mr..
Davis offered the complained-of issue of
he paper in evidence. stating that he de-
sired to read the alleged libeious article TO
he jury. Mr.. Ralston promptly objected
IN the ground that the matter complained
II was not composed by Mr.. Coma. but was
merely quoted language of a prominent
western senator. The head lines. said Mr..
showed that much, they being
New Deal In District of Columbia Vest
I'm Senator's Frank Talk About the Com.