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

cases would be tried together. Mr..
Jones said they would try only one
case, and specified No. 81 on the list
as the one then at issue.
At 11.20 the work of selecting a jury
was completed and the following were
sworn:
T.. II. Allen, company hand, Scranton
ID. +. Bell coal dispatcher, 5. Abingdon
James Conlln. laborer, Scranton.
Geo. r. Emerson, farmer N. Abingdon
Henry c. Hoffman, laborer, jefferson.
John Harris. brakeman, Scranton.
John MCAloon, bookkeeper. Scranton.
Charles Murray, laborer. Scranton.
John MCGarrah, miner, Mayheld
George +. Walker, carpenter Scranton.
Walter Sglin farmer. Clifton.
Eugene II. Reed, farmer, Glenburn.
COMMONWEALTH OPENS.
Attorney f. G. Newcomb opened the
case for the commonwealth. He
began by defining the law OF libel as
laid down in Pennsylvania, and said
the constitution guarantees the entire
freedom of the press in the state, but
at the same time holds a man to a
strict accountability for what he
prints and publishes in his newspaper
by making it a penal offense to defame
the name of another as well as allow
ing the injured person to recover dam
ages for injury he may have sustained
through such publication.
Mr.. NewComb referred to the great
power of the press of today, and there
fore those who are responsible for
what appears in the newspapers are
held and ought to be held. to greater
accountability. While the modern
newspaper is great engine for good,
when wisely directed, in the hands of
cOwardly, scurvy and emasculated
knaves It may do great injury. On
July 80 the defendants published two
highly defamatory articles calculated
to do great injury to Colonel Ripple.
These libelous articles, Mr. Newcomb
said, would be submitted to the jury,
and under the charge of the court the
commonwealth would expect a verdict
of guilty.
James Mahon, al one time one of the
proprietors of the Scrantonian, was
the first witness called. He disposed
of his interest in February last. Prior
to that Richard Little had been en-
gagged with him in publishing the pa
per. Mr.. Lenahan made very strong
effort to prevent this fact from COM
ing out but Judge Edwards overruled
his objections. 1t was shown by the
witness that the paper is published in
this city and county.
w. D. Coston, one OF the court
stenOgraphers, was next sworn. On
Dec. "a he took testimony in a rule to
reinstate Cornelius Smith as a mem
Der of the Lackawanna bar. On that
occasion Richard Little swore he was
one of the publishers of the Scranton
ian and had been since April /, 1897,
when the paper was started.
JURORS WARNED.
Layton NJ. Schoch, who is also a
stenographer, was called. A protest
against hearing his testimony was en-
tered by the counsel for the defense,
but Judge Edwards overruled it. 1t
was time for the noon recess and
Judge Edwards adjourned court until
| 130. He warned the jurors not to al
low any one to talk with them regard
| ing the case and not to discuss it much
| among themselves until it was actu-
| ally in their hands for consideration.
Mr.. Schoch testified that in March
! last he was the official stenographer
| of a legislative investigation that was
| in progress in Harrisburg On March
| IL O'Toole appeared before that inves-
| tigation committee to be examined IN
connection with an article that APP
peared in the Scrantonian. Before that
| committee O'Toole SWore that he was
associate editor of the Scrantonian.
j. b. Gilboy, justice of the peace OF
! Duryea, testified that on Oct. both
Little and O'ToOle testified in a suit
before Alderman Thomas LOTUS, OF
| PittstOn. Little testified that he
was editor of the Scrantonian and
! O'Toole said he was associate editor.
John Osmond, of Dunmore, bought q
copy of the Scrantonan of July 80 in
the publication office of that paper
The purchase was made on July 81. The
paper was presented to Mr. Osmond
and was identified by him from a mari
he placed on it at the time for the
purpose of Identification.
Deputy Constable Jacob Gilman, o.
Emmett street, said he knows the de
PENDANTS. On Aug. 3 last he me
OToOle and had conversation will
him. OToole told him he wrote Col
Onel RIDDLE up III the issue or IN
Scrantonian of July 81, and woul;
write him up again on the following
Sunday. On cross-eXamination Mr.
Vidaver attempted to go into the per
sonal history of the witness. but Judg
Edwards said that while he was will
ing to give the attorneys a good dea
of latitude in the examination of wit
nesses he would have to confine then
to some extent to the case at bar II
could not allow them to draw i'm othe
cases. Mr., Vidaver drew from Ellma
the fact that he had OToole arreste
for libel before the conversation I
which he testified.
HAWTHORNES TESTIMONY.
j. c. Hawthorne, manager Of iona
Longs Sons store, testified that he ha
charge Of the advertising for the firm
by which he is employed. He mad
advertising contracts with Mr.. Lift
for space i'm the Scrantonian and iden
titled a check given for advertising /
= that paper, One Of the Sundays thI
check paid for was June 80, when III
libellous article was printed.
| Bert Deyo, newsboy, Identified