Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1899-04-20
THE CHIEF TAIN
LIBEL CASE.
Begun Thursday, the Trial
was Concluded Tues
day Evening.
Is the First Important Libel Case Ever
Fought Out in Court by News
paper in the Indian Territory
and Consequently OF Great
Moment TO the Pro-
feSSIOn.

Tie libel suit against the Indian
Chieftain brought by F. NJ. Smith
and George H. Mccullough OF this
city in behalfof Sylvester S. Smith,
came to a close Tuesday in
Judge Springer's court. 1t was
perhaps the closest legal battle in
the history of the courts of the
Indian Territory, and lasted five
days. Col. Tom Marcum of Mus
kogee conducted the plaintiff side
of the case and w. H. Kornegay
and Jas. 5. Davenport represented
the defendants.
The character of the plaintiff
was in issue. 1t was alleged that be
had been damaged, and he demand
ed $1,000 therefor. The defence
sought to introduce evidence to
show that his reputation was bad,
and that his character was such as
to entitle him to no COM
pensation by reason of the pub
lication Of the item in
question. The plaintiffs attor-
neys were kept busy trying to pre-
vent evidence going to the jury
showing by specific acts the true
character OF their client.
The item complained of appear
ed the columns of this paper last
summer in the ordinary course of
news-gathering without thought of
malice, or intent of injury to any
one. The item was news and re-
lated to an incident that really
happened, but the plaintiff by
mistake was charged with being
connected with it. As soon as the
mistake was detected it was
promptly corrected in the very
next issue of the paper.
Three hours were given to the
argument to the jury, an hour and
a half to each side. Jas. Daven-
port made the opening speech for
the defense occupying thirty min
utes in which he made a strong
plea upon the evidence. Mr..
Kornegay occupied nearly an hour
in what was considered a most
logical and conclusive deduction
from the testimony of the ghist Of
the case.
The importance of this case to
the newspaper profession of the
Indian Territory, of Arkansas and
also of the country at large, is diff
fcult of oven estimation. Trials
of libel cases are rare and the
ground upon which the newspa-
pers stand and upon which the
public stand in relation
thereto, have never been, and in
the nature of things never will be,
very clearly marked out. There
are probably many more reversals
than affirmations by appellate
courts and hence both the bar and
the newspapers follow with great
deal of interest everything bearing
upon the subject of newspaper
libel. While The Chieftain has
not fought this case out in the in
terest of the profession, it has not
lost sight of the importance to the
craft of having an understanding
of the attitude in which their
rights are held by the Indian Ter
ritory judiciary.
The jury in The Chieftain 81 600
libel suit returned verdict Tues
day evening, after being out about
three hours, for the plaintiff in
the sum of five dollars just
1895 less than he was suing
for. We are of the opinion that
five dollars is an extortionate
price, but have no quarrel with
either court or jury. Smiths sol
dier money has probably changed