Waterbury Democrat., 1900-11-14
JURY AWARDS DAMAGES.
The Jurynen Retired At 3:3O
 and Returned At APO.


 to E. l.. Maloney in His Suit Against
 The Writer of q Slandcrous Article
 In. The Defunct Globe-Arguments
 of Opposing Attorneys Finished at
 Three O'CIock-Judge WhceIer;s
 Charge to the Jury Finished at 3:3O.
 The defendant in the case of F. L. Maloney against (. r. Downey. was on the stand late yesterday afternoon. He denied meeting Mr Hayes on the day the article was published, and the first he said he knew of the article he was Cn his way home when he bought a paper and saw it in it. He admitted writing for the paper, that he was it's business manager, but de nicd he spent the greater part of his time in the office; that. in fact, he nev- CT spent more than two hours at d time there. Upon seeing the article in the paper. he said. he immeCliat tely returned to the office and asked Mir Curlev who was in charge of the pa per at the time, to stop the press. Sometimes. he resumed. the mali list was sent out before the boys were given their papers, and he thought hat on the afternoon ill question this was done. He thought some one told him this. He could not recall under icrosS-eNamination, that he went to the news store of Hale, or the other Globe dealers, to collect the papers. He took no pTccautiOn to notify the pub lie that the issue of the paper had been called in and said that several of the news-dcalers called one time for pa pcrS and one or two, twice. and they were refused
 All the papers were bundled and tied lib in the cellar. but he could not re- call who tied them up. He did not notify Director Bvrne that he called in that issue of the paper. but did tell the president. D. II. TiclneF He could not recall when he told him. however, nor if he had informed the other directors. There was a big de- mana for the paper that contained the article, and many complaints from per sons who could not get it.
 Colonel BurpPo cTo$S-eEamincd wit roSs very minutCiy as 10 where he got his authority to stop the press. and why he did net tell the directors at the' noisy meeting the next morning that hc had done so. Witness admit ted that plaintiff paid him back the money he borrowed.
 Returning to the stopping of the press and the calling in of the whole edition, he said he knew there waS'only f74 papers put out, because the press man told him so. Yet the books of tue company showed that about the regular edition had been published and paid for Witness could not account for this contradiction. He denied the Ci1 f nn1 tc h1-s rIT- nane, and. to the surprise of all. ad- mittpd that he wrote the alleged IibeI- ous article. but denied signing his name . to the article. or that he wrote the headlines. During his examination defendant said he could not ''remem- ber'' many things he was questioned = about. On other matters he wasn't "positive," and his qe.estioncr, Colonel = Hurpee. remarked upon this evident lack of memory quite frequently. com pairing his alertness upon some things
 and his indefniteness upon others.
 John Ii. Curley followed Mir Down
 cy on the stand. Atr Curleys eyi- } dence was to the effect that he first !, saw the article in proof with the = ''headinc" on if. Seeing the article :, was written in the first person. he put s defendants name to it, and sent ii
 
 : i,the name added to it. After the pub ! lication of the article he saw the plain | tiff and they spoke about it. He re T called seeing defendant in the office e after the paper went to press on the i, day in question. and soon after ths Il press stopped. He did not know whC . wrote the head" for the article. nol a did he know that the article was writ !. ten by the defendant. Simply be
 cause the defendants name was il
 the, head" he thought he wrote the ar z, ticle Though witpeSs was reSponSi [, ble for what appeared m the paper. h' Il thought it was not his place to objec f, to defendant about the article. ant l. he denied telling Attorney Byrne tha d he opposed it's publication or sayins q that it would be published in the Glob' e anyway Court adjourned with NJ r. Curlcy on the stand.
 Is The hearing was resumed this morn :. ing. with MT Cnrley on the stand. H q testified that NTr HnyeS did not sa! IS to him. or to Afr Clarke. another re IT porter on the Globe at the time il " question. that he understood that Chri
 bad killed that Stuff'' or that article
 and he denied that he replied. "Why
 he has just written the head" H i thought that when he first saw the al S. tlcie ne WHS dloue, DuL OH lllIS polli -o he was not sure. He did not recaI making q statement to City Clerk Ky h an to the effect that the defendan r. wrote the article.
 " John F. Walsh was thal next vii S. ness. MT Walsh was not engaged c S. the Globe at the time the article ap IS peared, but had been some time be s. fore and after: still, he did occasional ar 1y work for the paper. He said Il a. was in the Globe office after the pape
 appeared on the day in question, an
 saw the defendant there, making a TOW = He heard him give orders to stop tn press He knew nothing about tn g loan defendant. gave plaintiff. NJ
 Walsh was only a few minutes on tn Y stand. -.
 Attorney Byrne was put on mex,
 His evidence showed that the sales O " papers in the office that day amount
 ed to $3.64 at the rate of half a cen ly each.
 ar hot