Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1898-03-03
Herald Vi6tOrU
Libel Case Lasts FIVE Days-Jurg Returns
Verdict of mot Guilty" In Less Than TWO
Hours.


The trial OF the editor of the Herald
on the charge of criminal libel
brought by Edward Pollock as COM
planning witness began last Monday
afternoon and was closed Friday noon
by verdict of mo- guilty" The
case was hotly contested from start
to finish and at times was sensational
and dramatic.
The charge of libel was founded on
an article taken from the Herald
of July %, 1897.
The states case consisted in prov
ing the publication of the article and
that C. r. Showalter was editor and
publisher at the time.
Judge Carter began the opening
address for the defense Monday after
noon and spoke for seven hours or UNI
til nearly noon Tuesday. His address
attracted much attention. and in the
minds of listeners, re-established
tleCarter's right to the distinc-
ton of being one of the most brainy
and powerful advocates among the
bar of Southwestern Wisconsin. Prob
ably never before in Grant county
court did mans life and character
receive such scathing, blistering re-
view as was administered by Judge
Carter to the complaining witness,
Edward Pollock. Keen invective,
biting sarcasm and whitening denun-
citation for hours held lawyers, jury
aud audience in almost terrified Won
derment and marked the address as
one not soon to be forgotten in the
history and traditions of Grant county
court proceedings.
Witnesses were then called for the
defendant to establish provocation,
justification and the essential truth of
the published matter alleged to be
libelous.
the supreme authority in this state
on the question of criminal libel. 1t
provides as follows:
Every person may freely speak, write and
publish hissentments on all subjects, being
responsible for the abuse of that right and
no laws shall be passed to restrain or
abridge the liberty of speech or of the
press. In all criminal prosecutions or in
dictments for libel, the truth may be given
in evidence; and if it shall appear to the
jury that the matter charged as libelous be
true, and was published with good motives
and for Unsuitable ends, the party shall be
acquitted and the jury shall have the right
to determine the law and the fact.
The testimony produced by the de-
Tense was highly sensational and to
many persons it would be interesting
reading. But it is doubtful if any
good would result from its publica-
tion; in fact, some of it is not fit for
public print. For these reasons and
also for the sake of peace and harmony
in the disturbed neighborhood, and
to save the unoffending members and
friends of the complaining witness
family from any deeper humiliation,
the testimony is not published.
The witnesses were among the very
best people of the city. Besides the
principals in the case, they were, for
the defense, C. j. Hyde and wife, VIM.
F. McGonigal and wife. r. Meyer, Jr.,
Lou Starr and wife, John H. Walker
and wife, Fred Fischer of Blooming
ton, Will Seaman of Boscobel. DR.. S.
f. Hassell, Mrs. Henry Nauman, Geo.
B. Carter. j. G.. Churchill, G. W.Burr,
and Geo. w. Goldsmith; for the pros
ecution. F. f. Mccoy. Walter Pollock,
"Chick" Pollock, John G. Clark and
Sam Robe.
Argument in the case began Thurs
day afternoon and continued until the
middle of Friday afternoon. Dis
trict Attorney Howe opened. He
spoke for nearly an hour and a half
explaining his attitude in the case,
why he was not more active in the
prosecution, and his idea of the law
bearing on the question at issue.
He was followed by Attorneys
Clementson and Lowry. each in an
hour and a half address. Mr.. Glenn
entson spoke first and surprised even
his friends by the strength and gener-
al excellence Of his argument. In the
graees Of oratory, beauty and aptness
Of imagery and eloquence Of style and
diction his address was exceptional.
and was one OF which the ablest