Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-11-07
king LIBEL SUIT TAKES new TURN
Effort on Part OF Defendants Attorney TO Show That His Client
Was Not Proprietor Of Living Issues at the Time
Alleged Libeous Article Appeared.

The preliminary hearing Of John b.
KIM on the charge of criminal libel
was besun before Judge Diehl at 1890
this morning
The state is represented by Assist
ant county Attorneys Loofbourow and
Rite. aud King is having his inter-
ests looked after by Judge Ogden Hiles
and Attorney Lindsay Rogers
The complaint was sworn to by Judge
jacob Johnson before Justice Kroeger
and charges King with having pub
lished in the Living Issues Of April 9th,
an article deiaming the character Of
complainant Readers Of the News"
wifi remember that the pro-
ceedngs before Justice kroeger
were OF tropical nature;
that King was fined $50 for contempt
of conf. and that on the same day
he hagan suit against the court to re-
cove s. alleged % be due for a sub
scrlptlon Of the paper
Alter the case was continued several
time Il was finally transferred TO
judge Diehl
nm little progress was made in the
hcarIne this morning although several
witnesses we've examined.
Counsel for the state expects 10 reet
It's case by this evening, and II win Ia
all pfobabllity. be concluded so far as
the preliminary examination goes, by
tomorrow noon.
But few spectators were In the court
room this morning but those present
Appeared to BE- greatly interested In the
proceedings
The first witness called by the pros
ecutl6n was Deputy Sheriff Joseph II.
Raleigh. He testified that he knew the
defendant After being shown a copy
OF the Living Issues, he was asked II
he had ever seen II before. Witness re-
piled that he purchased 1t about three
weeks ago at news stand. Mr. Ra-
leigh was then excused as counsel for
defense did not care TO cross examine.
H. |. Marx. a clerk in news stand
on west Second South, testified that he
sold 10 Mr.. Raleigh the paper referred
10. Witness was not cross examined.
Arthur h. Nightengale was then
called to the stand, and stated that dur
ing March and April OF present year
he was collector for Living Issues
"Do you know j. b. King?' asked Mr..
Loofbourow.
81 d.
do you know what his occupation
was?'
TtIs was objected to by Mr.. Rogers
unless the state could set a date with
In The time Of the alleged libel.
I'VE are not going upon any fishing
excursion, said the attorney. They
must fix a date"
Witness said King was connected
with the paper on April sth, but Wit
ness left about the last Of the month
and could not say what connection
l<ing had with the paper other than
he sometimes wrote articles for publ
cation. Answering Mr.. Loofhourow.
witness said his'duties were to deliver
the paper 10 the news stands. and that
he took his orders from King and some
times from Sloan. IL was true that
KIM employed him. and that he was
not In the office much of the time.
"At the time you left who was your
boss
mi King
"What ]. b. King is referred to whose
name appears at the head of the pa
per- This was objected TO but the OBJ
| lection was oycrruled.
"1he person sitting there Is the only
]. u King | know Of, replied the Wit
| nest
~ Mr.. Rogers--When you say King
wrote for the paper other people wrote
for H. too. did they not?
yes; sometimes Sloan w"ote for II. y
III Is also true that public spirited
men sometimes wrote for the paper, Is
| It not?'
"Yes1
"y0u don't remember hearing King
say he was going Ia write the article
| referred to do you?'
Witness did not know whether or not
kim was in town when the article APP
peaied, lie did not know of another