Worcester morning daily spy., 1898-01-18
and then repeated the act, it required


men knew the thing was wrong, and
IL they did not know that 1t was wrong2l
Mr. Manning said that the reporter did
not think OF 1t at the time. If some
one had suggested It, he would have
thought OF 1t. He made the mistake,
more carelesSly than in writing an orig
inal article. 1t Is not Just to hold Mr..
Cristy responsible when no injury was
done or injury intended.
The case against the Gazette was
then called, r. p. Goulding appearing
for the defendants. Mr.. Goulding
said that what had been said before, APP
piled even more to the case In hand. So
far as the Gazette was concerned, the
duty of the editor was to supervise the
work. Mr.. Jewett, who was summoned
to appear with David B. Rowland, the
editor, had nothing to do with che edi-
torial or reportorial departments. The
Gazette Is published in the afternoon,
and not, like morning papers, made in
the night. What the learned counsel
says applies more to an evening paper,
where there is not the chance for revi-
sion that morning paper has. A paper
in the afternoon takes everything up
to the time of going to press. The work
is done hurriedly, and is subject more
to accident than in morning paper,
where editors and reporters have more
time at their command. He wished to
ddsclaim any intent to commit any
contempt. If any had been committed,
ii was by a series of accidents and not
by intent. The defendants are sensitive
to all considerations of propriety They
want to keep as far away from any
violation Of law as possible Their in
structions are strict and rigorous as
possible. Mr.. Goulding then told how
the article happened to appear in the
Gazette. Mr.. Mooney, the. court re-
porter. brought the article which Mr.
Goulding produced in court, to the Ga
zette office. He had written that the
town offered $500 and the plaintiff want
ed $500. That passed under the eye
OF Mr.. Doe, the city editor, and he drew
hlspen through all relating to the Offer
as he thought. He drew his pencil twice
through the figures, thinking he had
eliminated all reference to the offer.
He had distinctly in mind the case
brought against the Telegram before
Judge Dewey, He left the article,
thinking that it read, ''The plaintiff
wants $780," believing the figures to be
the ad damnum, although there was no
ad damnum in the case, so that the ar
tlcle read, 1.-THE town offered the plain
tiff wants $2500." In the composition
room, the compositor followed the rule
OF the office to make an item sensible
He thought the $500 was $3.50, consid-
ering the last circle as a ring around a
period, marking the end OF the sentence
and the other figure as $50. That is
the way the article got through. The
copy reader intended distinctly not to
prevent mistake, and that Is the
source of the trouble.
David B. Rowland, Henry w. Doe,
John f. II. Mooney and James NJ. New
comb were sworn. Mr.. Rowland, in
answer to question by Mr.. Goulding,
said that his duties were the general
duties of an editor. The court news did
not come under his direct supervision,
but under that of the news editor and
city editor. If there are any doubts, the
city editor brings the article to him.
The one in question came to his atten-
ton by some one calling him over the
telephone at O'clock Friday morning.
Immediately he began to investigate
The instructions are to be particular
with court news, instructions being
given as occasion offers At the time of
the last contempt case he went to the
court house with the court reporter and
the matter was discussed there. The city
editor, who read the copy in question,
was formerly court reporter, and there
had been no previous infringement by
a court reporter and often statements
have been omitted, preferring to be on
L
Henry W. Doe then took the stand
testifying that he was city editor, and
his duties were to run the local room,
give out assignments and supervise
local copy The article had been handed
to him between 1 and 2 o'clock, the bust
est hour of the day. He spoke to Mr..
Mooney, inquiring If there might not be
contempt in the mention of the offer,
and Mr.. Mooney replied, 81 guess that's
right The witness said that he intend
ed the article to read 1.-THE plaintiff
wants $2500." He intended to strike out
all reference to the offer, and supposed
he had until his attention was called to
it the next morning. He had no inten-
ton of infringing upon the propriedes
of the court.
James NJ. Newcomb, the compositor
who set the article, said that when it
came to him it read 1.-THE town offered
the plaintiff wants $2500." AS the last
cipher was the end of a sentence he
thought it was a period, and he called
the sum $3.50, As instructions are to
make copy read sensible, he thought the
first sum must be $50, and thought from
the marks that had been made that it
was the intention to publish the whole
article without omissions, and hence he
tried to set it as it originally was writ
ten He had no intention Of infringing
upon the proprieties of the court
The COPY was shown to the court, and
Judge Bond asked him If he meant to
say that he thought the circle was a
perior mark. There was line through
the circle and this he considered a dot.
John E. H Mooney testified that ne
had beene a reporter for IL years, and
two wears a court reporter. He wrote
the copy and placed it on Mr.. Doe
desk. Mr.. Doe in reading it, called his
attention to the offer, and asked if it'll
was all right. Mooney replied: Il guess
you had better cut it out" He thought
it was struck out, and supposed so until
his attention was called to 1t the next
morning. AS to the offer, he said he
had met a Mr.. Merriam, a witness, who
told him that the town had offered $500, |
and the plaintiff wanted $500. He had
no intention Of infringing upon the
proprieties of the court lie was aware |
that the Telegram got into difficulty |
last spring. He had been instructed to
be very careful and to print nothing
over which there was any doubt.
Judge Bond asked Mr.. Mooney if he
thought the publication of the offer was
proper and he replied thai it did not
occur to him until Mr.. Doe spoke to him, |
and then he thought Of it.
Judge Bond again asked if he thought |
it was proper, and questioned further if |
he did not think that it concerned the
case on trial, and Mr. Mooney replied |
that his intention was to show the inn |
portance of the case.
Mr.. Goulding then addressed the
court, stating that neither Mr.. Rowland I
nor Mr. Jewett had been shown to have
been guilty of negligence and it has al |
ways been considered an outrage upon |
when men were convicted of Il