Worcester morning daily spy., 1898-01-25

that the publication did any harm al
the trial of the case in question:; but II
there had been a motion for a new trial
OF the case on account of the publica-
| ton, he certainly would have granted
1t, and then the county would have been
put to the expense Of new trial As
no motion for new trial has been
mado, the court assumes that the par
ties are satisfied with the verdict that
was rendered. 1t Is perfectly clear
that in the case Of the Gazette, from
the evidence given, Messrs. Rowland
and Jewett were not directly responsible
for the publication of the article IN
question, and in the case of the Tele-
gram Mr. Cristy was not directly re-
SponSible.
The corporations that own the news
papers, however, are responslblei and.
1t seems to the court, that so much of
the article as refers to the offer made
by the town was calculated to interiors
with the trial of the case. Whether or
not it did, the court did not know but
the question of contempt does not de-
pend on whether it actually does mis-
chief, but whether it is calculated to
ought not to publish anything that will
interfere with fair trial oS a case. In
the case In question, nothing of an offer
was heard by the jury in the evidence
that was given before them. Therefore
the reporter obtained his Information
from some other source than the evid-
ence.
The papers had no business to print
this while the case was on trial. The
court BOXED over the papers of last
June, when the last contempt case was
before the COURT and from them it
should seem that the newspapers ought
to know what they should not print.
After the case was over, there might be
no harm in publishing statements Of
this kind, but when a case is on trial,
there should be no such publication.
In the present case. one of the par
ties said he gave very careful instruc-
tons to his reporters as to what they
should publish about cases before the
court, but one of the reporters on that
paper did not agree with that state
ment He said he was told to make no
comments on cases that were on trial
He knew this statement was wrong, but
he did not think of it at the time he
wrote 1t. The court does not think
there Is as much care as has been said,
as it was noticed in the trial of the Ew-
ing case against the city of Worcester,
evidence that had been excluded by the
court was published by one of the pa
pers in the evening of the day on which
the case was on trial
The papers have no right to print be-
fore or during a trial anything that
will prevent a fair trial or obstruct JUS
tice: and in the present cases the cor
porations are adjudged guilty of con-
tempt and each is ordered to pay a fine
Of 500, and if the fine is not paid with
in "a hours an execution is to be issued
upon the property of the corporation.
THE GILLETTE REMONsTRANTS
C. E. Ware, counsel for the remon-
strants against the admission of Miss
Gillette Of Fitchburg to the Worcester
county bar, says he viii probably file
the petitions this week.
A GARDNER INSOLvENT.
Almar Holmberg of Gardner filed a
voluntary petition in insolvency with
the register of probate Monday.
ATTACHMENT.
Arthur W. Hoyle VS.. David NJ. Cowee
of Webster, $500, district court Of
southern Worcester; writ served by
Clare
CENTRAL DISTRICT COURT, UT
LEY, J-MONDAY, JAN. "a.
Joseph Looney was arraigned before
Judge Utley Monday morning. charged
with assault on Charles j. Welsh The
alleged assault was committed last FRI
day noon. Welsh attempted to enter
Looneys house, when Welsh claims
Looney struck him and chased him
down the street in the attempt to re-
peat the assault. Looney said the
complainant used vile language toward
him, and refused to leave his premises.
He was discharged. Sullivan & o'Con-
nell for the defendant.
Albert Carlson was charged with
threatening his wife. Mrs. Carlson APP
peared, but would not press the
charge The case was placed on file.
Nellie Surles was sentenced to the
state farm for six months for va
grancy. She appealed and was held in
$500 bonds for her appearance at the
superior court, the first Monday in
February.
James Boyle, who was sentenced to
the house of correction on the 10th for
being drunk, and appealed, withdrew
his appeal, this morning, and received
a sentence of four months in the house
of correction.
Leicester A. Cole of Holden was
charged with non-support of his family
The testimony went to show that he
had done all in his power, and he was
discharged.
Mondays DRINKS disposed of were:
Lysum Gotta and Michael J. Shea, house
of correction, four months; Shea ap-
pealed. John Mcmahon, probation. Vic
tor Oyane and Henry Johnson, $40; Pat
rick Brennon, continued until Wednes-
day; and Thomas F. Donohue, state
farm, one year.