Durango semi-weekly herald., 1901-12-16
JURY DISAGREED.
Said to Have Stood Six to Six-Jury
DISCHARGED.

Said to Have Stood Six to Six-Jur>
Discharged.
From Thursdays Daily.
The jury in the case of the People
of the State against David F. Day
came into court this morning at
O'Clock and informed the judge that
an agreement was out of the question
and the court thereupon discharged
the jury.
From information obtained , the
jury stood evenly divided. one-hali
for conviction and the other for &C
quittal. 1t is also said that the va
rious ballots resulted mostly the
same way. never standing over five to
seven one way or the other.
The word "debauch" was the II.
belous part of the case. Mr.. Day
swore that by using the word de
bauch he did not mean anything
look well for the girls to take such a
trip, and the counsel for the defense
laid great stress on this fact, that
the words might imply intemperance
in eating, drinking, etc. Mr.. Day
said the passes were obtained but
was not corroborated in this. He
said the passes came to the editor
of The Herald not Mr.. Raymond. but
as the testimony in this particular is
being transcribed and will be printed
along with Mr. Ritter's resume of the
case for the benefit of those not
hearing same, and for the purpose of
| 1lr, ~rt, ttx,
of Judging of the falsity of the
charge. no further comment will be
made.
| In conclusion 1t was generally ad-
mitted that conviction would follow
had the complaining witness not
been engaged in rival newspaper bus
| iness, and from the first Mr.. Raymond
realized that this being the case he
had by far the worst of it, but the
charge had to be met.
Further: No doubt the public has
looked upon the affair as news
paper war and we do uot believe one
| out of twenty-five are interested in
personal squabbles and all personal
illusions to Mr.. Day or any one con-
| nected with newspaper business
| ceases. We will allow others to do
the mud-slinging if they so choose
This will not prevent criticism upon
newspaper policy or political dissera-
tions. but such articles will be de-
| void of personal illusions. The Her
aid has been dragged into personal
warfare to a large extent through de-
Tending the people of Durango and
I,,-t r,1
tacks and attacks upon the town and
business interests. Hereafter per-
sonal matters will have to be settled
by the ones attacked. The people
have said they wanted clean news
papers and we will make 1t a point
to follow their wishes and see how
far they uphold us in this.
The only additional reference to
the case will be the publication OF
the testimony and the arguments of
Mr.. Ritter.
The Herald realizes that there is
going to be two daily newspapers in
Durango. If The Herald was to go
down some one else would step into
the field. The same is true If the
morning paper failed. There would
be another to take it's place. The in
terests of Durango and the southwest
cannot be subserved by cross-fring.
If either paper attacks industries,
merchants and people, either for
blackmail or personal reasons. then
the community as whole should
withdraw patronage, refusing to fos-
ter a sheet that seeks to tear down
If The Herald cannot say anything
good of Durango and the people, We
will keep quiet, excepting those hold
ing public positions and violating
their trust
To conclude with, we understand
the jury discussed the advisability
of addressing communication to
both papers to cease personalities,
thus indicating that the case in
question was largely regarded as
newspaper warfare.