The times., 1897-03-30
An Important Ruling in the Case
Expected Today.
1T MAY DECIDE THE ISSUE
Defendants Counsel Insist That the
Case Be Tried on AyermentS in
the ndjctment-FataI Variance
Alleged Justice Bradleys De-
cision Withheld.

| preferred by District Commissioner George
| Truesdeli, the first proceedings in which
were detailed in the Evening Times of
yesterday, VIII be resumed this morning
before Justice Bradley, OF criminal court
No. 2, with the points raised by counsel
for the defense still undecided.
The points raised, upon which the court
| was asked to pass, are but two. The
| first was based upon the interrogatory
propounded to Mr.. Joseph Il. Potter, con-
corning the relation sustained by Mr.. Conn
| TO the Evening Times, in the issue of which
| for December . 1896, the alleged lihelous
| publication appeared. 1t was sought by
the district attorney to show by Mr..
| Potter that Mr.. Conn was at the time of
| the publication the proprietor Of the paper.
Tie attorneys for the defense objected
| TO the question, contending that Mr.. Conn's
connection with the paper was notin issue.
| The defendant was not indicted for pub
| fishing The Times, they insisted After
debate, Justice Bradley decided that the
line OF intern ogatories might be pursued,
until such time as he could pass upon the
| objection, and the defense noted eX
| ception and reserved all rights.
The other point taken was upon the
offer of District Attorney Davis TO file
/ a copy of The Evening Times of December
| in evidence. Mr.. Ralston Immediately
| objected, upon the grounds that the
! Indictment, specifying the language upon
! which the Indictment was found was at
variance with the statement the paper
| contained. 1t was contended that the
averment in the indictment purported to
recite the language of Mr.. Conn, when,
as matter of fact, the statement in The
Times was OF language imputed to a
! Western Senator.
Justice Bradley again reserved his de
cision, stating, however, that he would
give his opinion when the Government closed
| its case. His decision is expected at an
early hour today District Attorney Davis
announced that he would have but one ad-
| ditional witness for examination and he was
not certain OF having that one. If the
witness can be produced his testimony will
be introduced this morning, and with the
introduction of the minutes OF the board
OF directors of The Times Company while
Mr. Conn was connected with ii the Gov
ernment would close its case
Should the court sustain the points con-
tended for 10y the counsel for the defense,
it will probably end the case. 1t was ar
gued by Mr.. Ralston that the Government
must fail Of maintaining the charge fort the
reasons assigned in support of his motion.
The case opened at ! o o'clock yesterday
morning, With District Attorney II. +.
Davis and Assistant Attorney John +.
Laskey representing the Government, and
Messrs. Ralston and Siddons and Andrew
Y Bradley in charge Of the defendants
interests. Mr.. Conn had not been arraigned
heretofore, and at the suggestion Of the
Government attorney he was brought be-
fore the court. He pleaded not guilty.
After a brief delay in preliminaries, a
jury was accepted, as follows: David c.
oswald, Thomas Luxette, Charles A. Lang
ley, .. A Gorsuch, Andrew Glass, Charles
C. Carter, Alexander Lawson, Charles z.
Barnes, James H. Cation, Philip a. De
lano, John H. King and j. C. Bruce.
Tire alleged Ebelous language upon which
the Indictment was based is as follows,
in substance:
MT Truesdell has been by far the most
unsatisfactory and the most cordially dis
liked of the civil Commissioners OF the
District. He has worked his office and
authority purely for his personal benefit,
and has made no bones aboutit. He is in
terested in property in the extreme north
east and northwest, and has sought to
divert public money to these places, instead
of spending it upon more populous sections.
He has used his office wholly for his per
sonal gain, and he will not be perpetuated
in it,
This language was read to the jury by
Mr.. Laskey, of the Government counsel.
who stated that it would be shown that
a paper containing the alleged libellous
article was purchased at the office of
The Times and that Mr.. Conn's owner
ship OF the paper would be established,
as well as his liability for the libel.
Mr. Joseph Mattingly was the witness
by whom the purchase OF the paper was
shown and DR. william Tindall was
called, as secretary of the Board of Com
missioners, TO prove that Col. Truesden
was q member of the board at the time
the paper of that date was issued.
Mr.. Joseph X. Potter was next upon the
stand A ttorney Davis questioned Mr..
Potter as to his connection with The |
Times, which was answered. and Mr.. Davis
was proceeding to inquire in respect to
Mr. Conn's relations with the paper.
what relation did Mr. Conn hold with
The Evening Times?'' was the inquiry.
1--WE obtect'' exclaimed Mr. Ralston.
''It is not material to the issue. That point |
NAV as well be raised now. Mr. Conn is
not indicted for publishing The Evening
Times"
The District Attorney cited several cases |
in which, he said, the ruling was favorable
to that line of questioning, and contended
that it was proper to show the defendants
relation to the paper. One case was Of a
trial in Boston, held by Mr.. Davis to be
analogous, but Mr.. Ralston took the rec
ord and showed that In the indictment in
that case it was set up that the defendant |
was the publisher of the paper in question.
Here is the difference, your honor"
said Mr. Ralston. ''Mr Davis admits the
Importance of a matter of evidence upon
a point which he failed to set out in the
Indictment We contend that it is inn
material and irrelevant to the issues in
volved as shown by the indictment The
case should be fully set up in the indict-
ment.
lit is al effort, your honor, to convict |
a man by implication. Although innocent
and knowing nothing of the publication,
and although he may want TO deny the
editorship, he is charged outside of the in
dictment with being the publisher. We
have the right, your honor. to have the case
tried on the averments.
Here is where the justice announced that
the case might proceed for time, with
the Defendants rights reserved. and that
he would render a decision later.
Nj. Charles i. Lewis, cashier of The
Times Company, was put on the stand,
and in response TO questions stated that