The times., 1899-10-25
THE POST" LIBEL SUIT.
A Verdict in the Case Expected to BE
Rendered TodnN.

Rendered To-day.
At the hour Of adjournment yesterday
the taking Of testimony in the suit of Her
man Friedlander against the Washington
Post Company for $25, 600, claimed as dam
ages for malicious libel, which was begun
in Circuit Court No / on Monday. was not
completed The hearing VIII he continued
this morning before Chief Justice Bingham
/ and it is expected that the case viii be
given to the jury before noon.
The suit is the outgrowth Of a publica-
tion made by the defendant in July, 1891,
in which it alleged the plaintiff had been
convicted Of crime and sentenced to seven
years in the penitentiafy, and also to pay
a fine Of $500.
1 The information upon which these state
meuts were made by the Post" was fur
nished by Robert E. Knight, that news
papers Alexandria correspondent. When
called upon TO state from whom he received
/ the information regarding Friedlander he
/ was unable 10 trace it 10 any reliable
I source
IL substance the article upon which the
/ suit FOR damages is based alleged that the
/ plaintin az one time conducted a clothing
/ store iu AleNandria. and that late one night
/ Il was discovered 10 be on fire. The origin
! Oi thg r-t it was numated. was lot
/ known. ana the building was said to
/ have been mysteriously ignited. 1t was
also stated that the plaintiff, Fredlander,
was seen 20 leave his place of business at
a late hour on the night Of the fire.
Further than this ii was stated that
Friadlander's landlords, E. S. Leadbeater &
Sons, refused 10 continue his lease of the
! property. II was also stated that Friedlan-
der had trouble in getting his insurance for
| his loss, and that as soon as he had Sc
cured it he left for parts unknown. On the
day following the publication the article in
! the Post, a retracton was printed.
The testimony addueed yesterday showed
/ that The aintin, tn ugl charged with be-
/ ing implicated with the hiring of store con-
Quoted in Altoona, Pa, by his brother, was
| not convicted of the offence, and that at the
! trial the presiding judge instructed the jury
! which heard the testimony TO return YER
! dict Of not guilty and tax the costs of the
| case against the county.
1t was also shown in the testimony that
before leaving Alexandria the plaintiff dis
posed of his stock Of goods by an advertised
closing OUT sale and then came to Wash
ing. From here he went TO Altoona 10 be-
come a clerk in a store conducted there by
his brother. Il was also shown that it was
after the publication, of the article in the
Post that the plaintiff was charged with
being connected with the burning of his
brothers store in Altoona, Pa.
Scott c. Bone, the managing editor Of
the Washington Post, testified that the
retraction Of the statement in reference
TO the plaintiff Friedlander was made as
soon as possible and without any solicita-
tion on the part of him or any OF his
friends.
witness called for the defence stated
that he was present at the burning of
Friedlander's store in Alexandria, Va,
and that when the plaintiff arrived at the
scene he appeared dressed as one would
who had just come off a railroad train.
Carl Fleischman. the proprietor of the bo-
tel at which Friedlander lived, testified
that the latter arrived from Washington
about 1890 a. m, the morning of the fire
and went to his room and to bed. Some
time between 2 a N. and a. m. the wit
ness stated, he went to the plaintiffs room
TO call him and tell him of the fire. Fried
lander. he said, was sound asleep and he
had trouble waking him. He then assisted
Friedlander to dress. He only put on his
trousers and shoes and inside coat and
carried his overcoat upon his arm.
It was testified by some Of the witnesses
that there was a smell of oil about the
cellar in which the fire was discovered.
Lieutenant Smith Of the Alexandria police
force, when called, however, stated that
he arrived upon the scene soon after the
alarm was given but did not detect any
smell Of burning oil.
The plaintiff is represented by Messrs.
J. J. Darlington and Charles H. Bendheim
and the defendant by Chaplin Brown.