Durango semi-weekly herald., 1901-12-19
THE DAY
LIBEL CASE
Condensed Testimony and Ar
guments of MIR. B. w.
Ritter.

Sooc Iicu oeloIe Juuee 1OlDTOoh
last week will be interesting. 1t was
impossible to have the notes trans
cribed during progress OF the trial
hence the delay.
d. F. Day charged in the Democrat
that Geo. N. secured passes for two
young girls to Rico picnic, but was
not allowed to work the debauch. In
the issue of the following day he
stated that he had sent marked cop
les over the state showing that Geo.
N. Raymond was without principle
liar and coward
In opening the case attorneys for
defendant endeavored to have the IN
formation quashed on the ground
that the defendant did not mean de-
bauch In the sense charged in the in
formation, there being many definI-
tions-that nothing criminal was
meant.
In the first place the States case
consisted In proving the article was
published and that d. F. Day was the
editor and responsible party, Geo. N.
Raymond denying the charge in toto.
At the conclusion of the States case
defendant again moved to have the
jury instructed to return verdict of
not guilty as II claim was made
that no criminal statement had been
charged. This was overruled.
d. F. Day was put on the stand.
He testified that an arrangement was
made, according to his recollection,
the forepart of June for consolidation
Of unro1i NJ Mn1dnnr
corning the direct charges the follow
ing is Days testimony on direct and
cross examination:
Direct Testimony.
You may say how you came to
write the article?
Al had positive knowledge of the
fact.
On reference to Raymond get
ting passes for two girls, what do you
know about 1t
Al know he got the passes for
two girls.
Q.-When?
Al think about the second day of
July. 1892.
Q.-How do you know 1t?
Al opened the letter and handed
the passes to George Raymond.
had right to open the letter as
was editor of the Herald at that
time.
Q.-How did this letter containing
the passes reach the Herald office?
Although the mail.
Q.-Whom was this letter address
ed to?
A.-To the editor.
Q.-say what you meant by the
term Sought to debauch?"
Al did not mean to seduce be-
cause that would imply the girls were
susceptible.
Q.-What did you mean?
Al meant taking them away
from their homes and mothers and
taking them in crowd would not
want any child Of mine to go in.
Q.-You had no intention of saying
that he would seduce them7
Al could not say that. ! had no
evidence to back up any such charge.
Cross Examination.
Q.-Where did you see the passes
you have spoken Of?
An the office of the Herald.
Q.-When.
A.-Somewhere between the 29tn
day Of June and the 1st, End, or I'd
days Of July. 1t was previous to the
4th day Of July. 1892.
Q.-The envelope was addressed to
the editor of the Durango Herald?
Ayes sir.
Odd you read the letter accom-
panying them?
A.-No letter accompanies passes.
They come in a blank.
Q.-They came simply to the edi-
tor Of the Durango Herald?
Ayes.
Q-Is 1t customary for newspapers
to receive passes over the railroad
for various people in response to
their request?
Ayes
Q.-You say you did not mean to
charge that the girls for whom 4Ir.
Raymond secured these passes to
Rico were debauched In the sense
IN which I have used that word or
hdNe Dteu
ence.
Al have no reason or knowledge |
to know that the girls were suscep- |
table to such practices.
Q.-When you published that arti- |
Gle you did not intend to make the |
charge that they were susceptible?
Al did not. II had would
have used tho word
There was additional evidence but
Ill tending to the same point
In rebuttal Mr.. 8. W. Raymond
.estihed that during the time men
Toned Frank p. Warner was editor
ip to July 1st and that after return
ng from California G. N. RAYMOND
lad been sick most Of the time and
inable to be at the ONCE and had
eft town the 3rd Of July to spend a
'ew davs In the Animas valley to
est: that ne rs. W. Ravmond) car
led the only KEYS to The Herald
,ostofYice box and that no such letter