Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-11-08
BENZ. KING DISCHARGED.
Famous Living Issues Libel Suit Terminates
Abruptly Yesterday Afternoon.
Ex-Editor Exonerated OF the Charge
and Forfeiture Of $1,000 Bond BY
Justice Kroeger Set Aside.

Who was the editor Of Living Issues
on April 9th lastg
Echo answers; Benz King was not.
and that fact has been established be-
yond the shadow Of a doubt. Itbecame
known yesterday afternoon IN the
course Of the preliminary hearing Of
King on the charge OF criminal libel II
was brought out BY the states star
witness By whom II was expected to be
proved that King was the editor on that
date and that he was the author OF the
libelous article published under the cap
ton Judge Johnson's Jobbery." The
case fell Hat so far as the prosecution
was concerned and at $3.50 o'clock yes
terday afternoon King was exonerased
OF the charge and the forfeiture Of his
bond of $1,000 ordered by Justice Kroe-
ger was set aside by order OF Judge
Diehl on motion OF the prosecution. The
same order will be duly made by JUS
tice Kroeger so as 10 clinch II.
But the mystery deepens and the
question remains, who was the editor
or manager Of Living Issues on April
9th. and who wrote the libelous article?
Ii is not believed the responsible par
ties viii endanger life or limb In their
eager rush to impart the desired infor-
nation,
After the News" report Of the hear
ing closed, three witnesses for the pros
ecution We're examined. Attorney W.
l. Snyder testified that he purchased
a copy Of the paper containing the ar
ticle involved, and after carefully per-
using It, marked a copy and mailed the
same TO Judge Johnson.
so you circulated this paper through
the mails did your demanded Attor-
ney Rogers with affected severity.
We'll, | suppose | did"
Those present thought II was good
joke and laughed heartily and Mr.. Sny-
der was excused.
Miss Lou Morris was called upon 10
prove that King had admitted to her
his ownership Of the sheet. She Is a
stenographer In the office Of Mr.. Loot
borrow. and the conversation occurred
there when King called one day TO col
lect bill. Witness thought the con-
versatlon took place In March.
How do you know II was In March,"
asked Mr.. Rogers.
Because Mr., King had that white
overcoat on
This referred to Kings Benny" and
brought forth more mirth.
Judge Johnson was examined at some
length as to his various trips about the
country within his district and to other
districts to attend to his judicial bust
ness, and as to his claims against the
State for mileage.
King was the only witness for the de-
Tense and clearly corroborated the tes-
timony Of Mr. Newberry about the
change In the management OF the paper
II was also proven by him that Miss
Morris was mistaken as TO the time Of
the conversation, that II occurred in the
preceding November.
The attorneys then occupied about
an hour In arguments. Judge Hlles
attacked the testimony Of young Night
ingale. and said: He Is a stupid fell
low anyhow"
Attorney Rogers made brief argu-
ment and took occasion TO say chat
Judge Johnson had certainly been H.
beled but not by King. The prosecu-
tion had a good case but for one fact.
l0tN ndu Stltcltu Tue MIouS ildil W
prosecute. Then In towering indigna.
ton Attorney Rogers said. THE ar
ticle was libelous. 1t was damnable
and would constitute libel on yellow
dog, much less an honored and dis
tlnguished member OF the legal profess
sion, who had twice been honored by
the people OF his district to election TO
the b/h"
with your kind indulgence ! will de-
eide this case In five minutes" said
Judge Diehl. After consulting hisnotes
and looking over the article which
caused the trouble, the court said;
Il agree with counsel that the ar
tlcle is libelous and outrageous. but
am not satisfied with the proof adj
duced, however that the defendant was
either its author the proprietor or the
editor Of the paper at the time OF the
publication. The court does not find
sufficient evidence to hold the defendant
and he Is discharged