The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-03-09

The answer Of the defendant in the
action brought by former County At
torney Anderson against Edward N.
Saunders, president of the Northwest
ern Fuel company, to recover $4,000
for alleged libel, was yesterday served
on the plaintiff and pleads justifica-
ton. The alleged ground for the ac-
ton was an interview published in an
evening paper on April IA, 1897, in
which Mr.. Saunders. who was then
serving on the grand jury, severely
criticized certain actions Of the county
attorney.
The defendant admits the greater
part of the allegations in the COM
plant and the publication of the ar
ticle in question. Then the answer
goes on to state that on April 49, 1897,
the county attorney presented to the
grand jury, of which the defendant
was member, evidence in the case or
the state versus William Dawson ST.,
upon the charge of grand larceny,
with the purpose of securing an indict-
ment, if the evidence would warrant
Also to secure a joint indictment on
the same charge against William Daw-
son ST. and William Dawson Jr.
When after due deliberation, the evil
dence was held to be insufficient in
either case, the jury returned no bills.
Then, says the answer, 1.-The result
of the deliberations of the grand jury
having been made known to TINS
plaintiff, said plaintiff wrongfully, I'M
properly and unlawfully, and in man
ner offensive to said grand jury and
in the presence of the members there
of, in substance declared to said grand
jury, with reference to its said ac-
ton, I have no further cases to bring
before you. If you will not indict upon
the evidence which has been presented
to you there is no use of wasting my
time. There is no use bringing any
more cases before this grand jury
Said words were spoken to said
grand jury by this plaintiff contempt
tuously, with resentment and in an
ger, in a manner highly offensive to
said grand jury, unfit and unbecom1ng
the plaintiffs said office, and said
plaintiff, both by language, infection,
manner Of speech and action. wrong
fully, improperly and unlawfully in
dicated to said grand jury that 1t had
failed to perform its duty, and that
said grand jury ought to have found
indictments upon the aforesaid charges,
and because it had failed to find such
indictments said plaintiff would bring
no more cases before the grand jury.
Thereupon, it appears, the jury re-
ported to the court that 1t had COM
pleted it's labors and was discharged.
Then the plaintiff, according to the
answer, on the same day caused to be
printed in The Daily G 10 b e the fol-
lowing words:
Thank goodness I have got rid Of
that grand jury 1t was no use, trying
to get any results out of them mean-
ing the said grand jury. Why. I laid
three big cases before them that ought
to have resulted in indictments. but
they simply threw them out No, sir,
I have no more cases to submit to such
a grand jury but I do propose to pre-
sent these important cases to the May
grand jury, which will be summoned
on May 8"
Another interview of a similar char
acter is charged to have appeared sim
ultaneously in the Pioneer Press. Then,
according to the answer. the interviews
were given wide circulation. The de-
PENDANT pleads all these things in justi-
fication of the words charged and al.
legged to have been uttered by the de-
PENDANT.
Then comes a proviso, nothing in
this second defense contained is intend
ed to admit the speaking or dictation
or publication of the words charged in
said complaint to have been uttered
by the defendant, but to justify a por-
ton of the words charged"
Furthermore. the defendant says,
that if 1t should be found that the
words charged had been uttered by him
they were uttered without malice or
evil intent and because of the feeling
engendered by the conduct referred to
and the alleged published interviews
given by the plaintiff to the newspa-
perS