The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-10-17


morning before Judge II. NJ. Edwards,
Richard j. Little and Michael J.
OToole, editor and associate editor OF
the Scrantonian, were placed upon trial
on a charge Of libelling Colonel Ezra
II. Ripple in the columns of the paper
of which they have charge. The art
iClcs in question were printed in the
issue of July 30
On account of the brutal and vicious
character OF the libel and the promin-
ent position Colonel Ripple occupies
in this community the case has at
traCted widespread attention. The
court room was crowded all day yester-
day and many were compelled to
stand. Another thing which con-
spires to lend interest to the case is the
fact that it is one of the first import
ant suits to be tried under the libel
act passed in 1897. The case is being
tried in a very able manner.
1t required only a few hours for the
commonwealth to present its case yes
terday and then the defense opened.
1t was Mr.. Nidaver who outlined the
defense to the jury. Ii threw a food
of light on the reckless methods of the
Scrantonian. O'Toole, the associate
editor, according to Mr. Eidaver met
one John Courier Morris on the street.
Morris told him that Colonel Ripple
had given orders to the Tribune 10
pitch into the SCrantonian. What
means Norris had of knowing this did
not appear But OToole took it for
granted that it was true, rushed to the
office, told Little what he had heard
and Little thereupon penned the ma,
liClous editorial complained Of More
than that, according to Mr.. Nidaver,
Little had communication on
his desk for several days which made
a vicious attack on Colonel Ripple and
while laboring under the excitement
incident to the information that
trickled down TO him through Morris
and O'Toole he inserted the editorial
and the communication. Mr.. Vidaver
said Little was fighting for his exist
ence-for his very life
A moment later Mr. Vidaver dis
claimed there was any malice in the
article and that it was fight between
the Tribune and Scrantonian. He
further said that the libel was not a
very serious affair and that altogether
| too much importance had been at
tached to the outrageous things said
about Colonel Ripple.
An effort was made to get O'Toole
out of the case by stating that he is
| only salaried reporter on the paper
| and in no wise responsible for what
| appears in it.
When the work of offering testimony
was begun it was seen that Mr. Nid-
ayers opening was out of tune with
the theory of the defense held
| by John T. Lenahan, who tried
hard all afternoon to get in evidence
| for the purpose of justifying the libel
| When court adjourned Judge Ed
wards had under advisement the uues-
tion of admitting evidence with refer
ence to alleged acts Of political cor.
ruption on the part of Colonel Ripple
THE CASE CALLED.
A few minutes before 1890, when the
motions and other matters to come
before the court were disposed of, Dis
trict Attorney John r. Jones called the
case of the commonwealth against
Richard Little and NJ. j. O'Toole, edi-
tors of the Scrantonian, a Sunday
newspaper, who were indicted for libel
on complaint of Colonel f. II. Nipple
postmaster of this city. Last Tues
day when the case was continued un-
til yesterday John T. Lenahan, of
| Wilkes-Barre, one of the attorneys fol-
the defense, said he would be engaged
in the trial of cases in Wilkes Barre
on Monday and Tuesday of this week
and asked that the case go over until
Wednesday. 1t was believed that nc
would again yesterday morning renew
his motion to adjourn until Wednes.
day, but since last week he succeeded
in arranging his affairs in Wilkes
Barre so as to permit of spending thi,
week here, and a motion for continu
ance was not necessary.
The case was called for trial in tn,
main court room before Judge II. NJ
Edwards, and all of the parties wer,
promptly in their places. Colonel Rip
pie took seat at the commemorative
table with his attorneys, JOSEPH
OBrien, Hon. John p. Kelly and f. c
Newcomb. District Attorney Jones i
also assisting in the trial of the case
Messrs. Little and OToole went to tn
table set apart for defendants an,
Joined their attorneys, John r. Lena
han, of Wilkes Barre; Corneliu
Smith, Nathan Vidaver and T. I
Duffy, of this city. In the Afternoon
Attorney r. II. Holgate reinforced tn
counsel for the defense.
Judge Edwards directed Clerk of tn
Courts Daniels to draw a jury, whic
was selected according to the rules G
quarter sessions court; that is, twent
jurors are summoned and out of thi
number twelve are selected, common
wealth and defense having the rigf
TO strike four names from the lis
The following are the twenty VIII
were drawn:
/, +. II. Allen, company hand, Scranton,
ID. f, Bell, coal dispatcher, S. Arlington
James COnlin, laborer, Scranton.
4 Geo. T. Emerson, farmer, n. Abingto
I Henry c, Hoffman, laborer, jefferson,
. John Harris, brakeman, Scranton,
!, Dennis Holly, laborer, Scranton.
D. Il. Jones, janitor, Scranton.
Joseph Marks, councilman, Olyphant.
Chas p. Molter, merchandise, Scranto
John McAloon, bookkeeper, Scranton.
!. Charles H. Murray, laboTer, Scranton,
John McGarrah, miner Mayheld