The San Francisco call., 1898-10-20
TRUTHS IN STRONG RELIEF
DEVELOPED IN ARGUMENT IN
 THE ISLANDER SUIT.
Vainglorious Arrogance of the De- fendant Made Light of Slan- dering Jarman, a Highly
 Respected Citizen.
Special Dispatch to The Call

Jarman-Rea islander suit to-day, and in spite of all efforts to shut him out was allowed to make a supplemental open ing argument. The entire forenoon was occupied in arguing the matter, and just before noon Judge Kittredge de- cided Delmas had the right to address the jury, even if the defendants coun- seI did not. He limited Delmas' argu- ment to two hours. The trap set by Attorneys Morehouse and Burchard failed to catch Delmas. Burchard and Morehouse will now both address the jury. This has changed the proposed order of things an dthere will be flow of oratory for the balance of the week. The courtroom was packed to-day and many were unable to secure seats.
 At the opening of the afternoon ses- sion Delmas began his argument He said his associate, A. H. Jarman, had SO fully presented the case that he would only touch upon the verdict and the damages expected at the hands of the jury. This was a delicate subject for his associate, because his father was the plaintiff. DelmaS stated he was counsel for Jarman and no one else, and the compensation he would receive was from him and no one else. He made this statement because of the report that he was representing some political organization. Such reports were de- nounced as false.
 Delmas said the charge of islander had been fully and entirely proved, and that there could be no doubt in the mind of any person who had heard the evil dence. On March 14, 1898, Req had ac- eused Jarman of receiving a bribe on the purchase of the street steam roller and it had been proved that Req made such an utterance. This statement by Req was declared to be false and slan- derous.
 In his answer the defendant attempt ed to mitigate his act and throw him self upon the mercy of the jury. Del mas read the testimony in which Rea claimed Jarmans use of the words liar, scoundrel and boodler" caused hin (Rea) to make use of the Slander- ous words against him while in the heat of passion.
 'The answer. though made under oath, is a perversion of truth, said Delmas. The words were uttered by Jarnnan only after Req had made the statement that Jarman had received $450 and were made as a denial to ut terances of Req. The question to be considered by the jury is that of dam ages. The slanderous utterances of the defendant were strewn broadcast and caused humiliation to plaintiff and his family You must weigh and con- slider the extent to which the islander has been disseminated and bear in mind that the islander was dissemin- ated among the directors of the Hotel Vendome, three of whom testified to the fact in court, that 1t was repeated to s. G. Tompkins, J. B. Church. B. r. Main and E. A. Hayes.
 These slanderouS statements of Req poisoned the atmosphere and public ear Not satisfied with this, the defendant purposely retterates his story to Q San Francisco paper and to the San Jose Mercury for publication, so that every man, woman and child in Santa Clara County could know that Req charged this old, honored citizen with being a disgrace to his family and a disgrace to his name.
 Tn considering this verdict you are to consider the injury done plaintiff. Punitive and compensatory damages can both be awarded.
 Delmas then explained the law of islander. The speaker analysed the two men. He said:
 In 1895 the plaintiff, J. P Jarman, had been an honored citizen and merchant of the city for twenty-five years. He was highly respected by every one.
 How different the career of Real In 1895 Req, so he testified on the stand, was called political boss. It is easy to de- bEP F%Pe wneh of fsa Wss T nen boss 5 9f Ae the cording to Webster's definition boss is a manager or dictator of parties, or the head of ring. The evidence in the case shows that this sef-constituted and self appointed leader met with other leaders in his office to determine upon a policy to be carried out during the campaign. Req said he had agreed to give the church people a resident district where saloons could not be conducted. The School De- partment was to be kept out of politics. Req was willing to recognize the A. P. A. enough to recognize the Catholics, and as they paid one-third of the taxes, they should be so represented in the schools When vacancy should occur among the teachers of that faith teacher of the same faith should be appointed in the place. These self-constituted leaders were planning to take public matters out of the peoples hands. They were de- pointed and of what faith and what should be done before the Board of Edu- cation met.
 This is a very convenient form of gov ernment, but 1t is not a government by the people. Req told you he had to have men in office he could trust. In secret junta this self-constituted leader deter mined to go forth in the community and find men who would blindly obey the dic- tates of this self-appointed governor and carry out his orders, agreed upon in his back office. He bargained with the A. F. As Veterans and Catholics, and agreed fo divide political spells with them They agreed to divide among themselves and their gang the public offices of San Jose and pay no attention to the efficiency and service of men in office.
 The defendant told you in most edifying terms that J. H. Maggard, an agent of the O. s. Kelly Go. came to him to se- cure his influence in selling the county a steam roller. Only Supervisors Aver and Roll were in favor of purchasing the roll CT. so he went to Boss Req to secure his influence to persuade his. own brother, Supervisor c. E. Req, to vote for the roller With Supervisor Rea's vote the purchase would be made. The terms were to be $3700, and for his influence up on his own brother the boss was to re- ceive 5000 commission, or over 25 per cent He entertained the proposition. Was willing to make the commission and was willing to see the county pay $3700 for a roller that had to his knowledge been sold to the city for $2750.
 The same Mir Maggard also went to Rea's office for his influence in selling the roller to the city. The boss own political friend, Councilman Fay, was deeply in terested in the natter, On June 16, 1897, he opposed the purchase of the roller. and on June 2S following he favored the pur- chase of the roller What brought. about this change of mind in Fay? Was 1t de- fendant's influence? If 1t be true that $500 was paid as commission on the. pur- chase of the roller or where 1t would do Al,ax nd qn2 AnSIZer