The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-10-19
VERDICT REACHED
IN THE LIBEL CASE

that he had something 10 90 with Ine
writing of the articles complained of.
The only evidence to convict O'ToOle
with the writing of the articles con-
cerning Colonel Ripple was given by
Deputy Constable Jacob Gilman. This
was the last person." the speaker con-
tinued. with whom O'Toole would
have talked on such a question" Mr..
Lenahan after roun1ly abusing Gilman
for several minutes went on to explain
what O'Toole's relations with the
Scrantonian are and why he left 81?
a week position on the Times to accept
a SIS a week position on the Scran-
toian.
II will leave that branch Of the case
to you" he said, confident that it will
not take you many minutes to remove
him entirely from this case"
He then attacked the motive for the
prosecution which nc said was prompt
ed by spleen ard malice.
PRIVATE LIFE CLEAN AND PURE.
After referring to Colonel Ripplc's
public career and the Offices he mas held
he said his methods in politics made
him a fit subject for censule and COM
ment. With his private life they had
nothing to do. 1t is admittedly clean
and pure. Mr.. Lenahan said.
He took up the question of malice
| in connection with the publication of
| the articles contcnding that they pub
| lshCd them in good faith believing that
what was contained in them was true.
| 1t was not in his own in
terest solely that Colonel Ripple
brought the prosecution Mr.. Len
| ahan charged. He said it was
| because the Scrantonian WIS a busi-
| ness rival of the Tribune in which
| Colonel Ripple is interested. After
telling the jury what q great and lum-
inous light in the newspaper world the
| ScrantOnian is the speaker said that
Colonel Ripple was more Interested in
| crushing the SCrantouian than Ill VIM
dicating his private character. HIS
| private character needs no NindiCa-
ton" Mr.. Lenahan said. Every one
admits it is blameless.
The main question be considered
in this case" the speaker continued,
lis this: Was there reason FOR the pub
lication of these articles? There is no
evidence here of actual malice The
mon had never met or quarrelled.
| Harsh words had not passed betwe ell
| them. Little had no personal resent
ment in his bosom against Colonel
Ripple. 1t was not actual malice, not
even legal malice that induced him to
print these articles. 1t was that the
public might know how public affairs
We're conducted"
Mr.. Lenahan made n lengthy refer
ence to a factional fight in the Repub-
lican party and the adoption Of the
Crawford county rules of conducting
primaries and the opposition to them.
One of the astonishing and reckless
statements made by Mr.. Lenahan was
that they had not printed line or
word about Colonel Ripple that was
not supported by evidence in the case.
THE LIBELS REVIEWED.
He took up the iihelous editorial and
the communication signed "A Work
ingman,' and endraVore1 TO show that
they contained little OF a libelous ma
ture and that what Nigh. be consid-
cred libelous was not written with
malicious intent. He also considered
at some length the lib4lous articles
printed in the Scrantonian Of Aug. 6.
II have gone oVec the testimony at
some length because it was somewhat
complex" he said. "Thcra is nothing
to indicate that We were aCtuatcd by
malice. Are sou gentlemen of the
jury on such evidence t. conslgn this
man-because l think o Toole is out
of this case-are you gong to send
such a man as Little % iail for q
year. On your malhuD1 don't do it
under the evidence you couldn't do it. >
Mr. Lenahan's address from begin
ming to end was Il succession of 1ieas
IL. l.F- 4.
isment their acts call for on the grount
that they had no malice in their hearts
toward Colonel Ripple.
When Mr.. Lenahan finished, he said
that ended the argument for the de-
fense. Court adjourned for dinner and
Mr.. Lenahan went to his home in
Wilkes-Barre. When court opened in
the afternoon, Attorney c. Smith said
he had not intended to address tho
jury, but had changed his mind and
asked for twenty or twenty-five min.
utes in which to explain the case OF
the defense to the jurors.
Mr.. Smith stated over and over agar
that there was no malice behind
Little's action in libelling Colone
Ripple and told the jurors there was
direct evidence to show that such wa.
the case. He laid much stress upon tn,
fact that Colonel Ripple and I.ittl,
have no acquaintance and that there
has been no ill-wilI or hatred between
them. This was urged as a circum
stance from which the jurors might in
fer that there was no malice.
MIR. O'BRIEN'S ARGUMENT.
, At o'clock MI O'Brien began hi
argument for the defense and spoke TO
two hours.
Il suggest at the outset of this argu
q ment," he said, that you twelve mel
take to yourself the great responsible
ity that the commonwealth of lPennsyI
Vania has placed upon your shoulders
t 1t is not necessary for me to sugges
n to you the great importance of thi
y case. In considering it let us rise aboy
e the mire of politics, let us fairly con
= slider the merits of the case before u
: without reference to passion or preiu
e dice. Let us address ourselves TO tn
n lacts or this important lawsuit lie
= us leave the history of Greece AM
IS Rome out OF this case. 1t has nothing
= to do with it,"
Il Mr.. O'Brien read the law of libe
e under which the defendants were tried
?, He then said that Little admitted hav
t ing written and published the libel. s
n that part of the case was an open book
C When YOU go out to your jury room
e and take these papers with you" MI
IT O'Brien said, you will find upon read
- ing them that they fairly drip wit
h matter tending to hold Colonel Rippl
Is up to public hatred and contempt"
The speaker devoted some time to ex