Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-03-15
Mr.. McLeIIan's Argument.

Mr.. Mcclellan addressed the jury as fol-
lows In his closing argument for the
plaintiff:
May it please your Honor and gentlemen
The plaintiff in this case says that the
defendants have published in their news
paper five libels against him. That is. in
i've different issues of their paper. they
have charged him with committing a
crime. Trey have practically charged it
once in the first issue, and then fearing
that the people wouldn't believe it they
charged 1T again, and then for fear the
crime upon the plaintiff they have
charged twice. they repeated that charge
the third time, viz. the crime that he
voluntarily suffered prisoner to escape,
and in the third charge they not only
said that he voluntarily suffered him to
escape, but fearing that the community
would not believe the first two charges.
they then say that he not only voluntari-
~ suffered him to escape but that he
took s. for it. And for fear that with
three of these statements sent broadcast
the people would not believe it. they then
published it again. and on the fourth time
they not only said that he had vounta-
rlly suffered this man to escape. but they
published again that he had taken s. for
ii. And then they thought there might be
some doubt In the public mind as to the
truth of that and they sent McCone, their
special reporter. on the Sd day of NOvem-
Der. TO Skowhegan, and there they got
another interview. although they had
published it in the morning paper Of the
I'd, and it was all done you know. to let
the people understand that they had no
feeling about it: they loved this man Nc
Nally. all of them. and they wanted the
community to know it. They published a
column and a half or two columns of a
long interview by this man McCone with
this man Nelson. in which they expressed
to each other their mutual regard. in
which McCone says: why, you are not
Il bad fellow. you are not half so bad as
people make you. out And Nelson says
10 McCone: ''You used me right The
other reporters didn't use me right" and
for fear the people would not believe what
they had already said. they published
this the fifth. And they repeated both of
these charges in their weekly. and you
will also have before you three other pa
pers published by the defendants which
are not REFEREED to in the writ, but which
your attention will be called to and which
ties who published this must have had
some malicious. corrupt motive.
Now. the first question that naturally
presents itself to you. the very first in
this case is not what anybody said. not
what anybody thought or believed. but is
i. true as matter of fact that Mr.. Me-
Nally voluntarily suffered this man to
escape? Is it true that he not only vol
unfairly suffered him to escape, but did
take S.? Now that is Il question that you
are to determine. and have perhaps no
right to say it, and | may be wrong: but
/ don't believe there is a man upon this
panel. or within the hearing of my voice.
who believes from this evidence THAT Mr..
McNally let this man get away for s..
Run your minds hastily over the evil
dence. 1t made its impression upon you
as it came out, for ! believe that you
have the solemn conviction. everyone OF
YOU. that that story about the 5 was a
lie; that the testimony upon that point is
SO Overwhelming that you cannot believe
it to be true.
Now. what is the evidence upon that
question:? Not whether somebody thought
he had taken 1t. nit what somebody said
that is another question:: but was it true.
And the distinguished counsel for the de.
fendants very well said that it is not in.
cunbent upon us to prove that 1t was not
true. but in the language of the statute
itself. when truth is set up it is incum-
bent upon the defendants to establish the
truth. And l apprehend the court may
say to you that If they support the truth
by prep0nderance of evidence that thai
would be sufficient. But it is incumben
upon them to establish that fact, for the
presumption all the time is that this MAI
has not committed that crime If they
have charged him in their newspaper
with crime it is incumbent upon then
to establish 1t. Have they?
what is the evidence? The frs
charge is of having voluntarily suffered
a prisoner to escape. That is crime
That Is contained in the first two articles