Durango semi-weekly herald., 1901-12-19

snoW up the character and practice
oil George N Raymond Now ir
there did all it deems necessary to
Mr. Raymond had merely secured
passes for SOME young girls to go to
Rico. do not understand why it
should show up the character of
George N. Raymond. Mr.. Day tells
you he gets these passes. These
papers take their pay for railroad
advertising in passes and Mr.. Day
says he carried a pass book himself
because Mr.. Day gave some one a
pass Is 1t matter of such import
ance that 1t should be published and
marked comics sent out? Why, what
Is wrong In it? The railroad com
pany has ben paid for 1t in adver-
using in the paper and he has the
right to get that pass and give it to
some one else. II that is all he
ment by the article, why should the
sending of it out show up the char
acter and practices of George N Ray
mond. Is that the construction Day
put upon the article the next day? |
ask you. will you let him come be.
fore this jury and by pleading this
baby act escape the paltry fine to be
put on him?
He wants you to believe he did not
intend to charge anything by that ar
ticle except that George N Raymond
got pass for some young girls and
he deemed it of such Importance that
he sent marked copies of it out to
show up the character and practices
of George N. Raymond. think you
Will agree with me that publication
| is nbelous. Was 1t malicious? The
| court tells you to take into
consideration the character and ma.
ture of the charge itself and that also
you have right to take into CON
sideration the language in which 1t
was couched. Let us read the in
struction again, and 1t says when an
unlawful act is done willfully, in law
it Is malicious unless the innocent
Intention appears. THE dirty
wretch sought to debauch." Is there
anything there to show lack of malice
and innocent intention? 1t strikes
me as containing little feeling of
malice against Mr.. Raymond. When
you remember that this is malicious
in law--it is willfully and unlawful
ly done to the injury of another with
out reasonable justification. ask you
Is this article not malicious.
He not only published the second
article the next day, but he sent It
out to the world for the purpose az
he says, Of showing up the charac.
ter and practices of Mr.. Raymond.
The Colonel says he wrote that ar.
ticle. He is absolutely without a
shadow of honor, courage or man.
hood, a fact clearly proven by US and
silently admitted by him?" Gentle
men, is that the language you use
when you meet your friends on the
street? Do you speak so of the man
of whom you want people to have
a high opinion2 To the man you
like, when you meet him on the
street, do you say you are a lair.
you are a scoundrel?" You do not
say these things to a man unless
you have in your heart burning NAL
ice. / don't think we need say any
thing more about that.
1t has been said that this was in
necessary self defense, that on the
day before this publication appeared
Mr.. Goldsmith had an article In The
Herald, signed and over his own
name, with reference to the treat.
ment he had received from Mr. Day
when he was setting up his Mergen.
thaler. Mr.. Goldsmith is a cripple
and cannot walk or stand without
his crutches. He may have had. as
Is indicated in the headlines OF anther
article, some mental defect as well
as physical deformity. but have
heard the Colone's description of him
on the stand. and I want to say to
you that for me the condition OF Mr
Goldsmith excited sympathy more
than anything else. It Is true that
Raymond was responsible for the pub
lication Of that article 1ust as Col
Day is responsible for what appeared
in the Democrat. For any libel appear.
ing In his paper he should be prose
cuted II 1t Is proper case But this
was signed statement, and as I
recollect 1t from reading 1t the other
day, there was nothing libelous In 1t.
1
the evidence.
One word about provocation. You
now know without any legal PROPOSE
tion being put before you, that II l
come up to you on the street and be-
gin to abuse you, and you strike me
| down there on the street In passion
and anger you will come pretty near
ly getting of before jury; but, II
1 come up to you and say something
I ought not to say to you and we
| separate and you brood over it in
your mind until after awhile you
think I ought to be licked and make
up your mind to do 1t, and the next
day you assault me. will the plea of
provocation avail? Whether the as
sault upon the person or the charac-
ter. take 1t, does not make much
difference; whether a man uses his
fist or his paper to assault you he is
still guilty Of an offense unless justi-
fed. From the very fact that in
making libelous charge. you sit