The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-11-06
LIND ON THE STAND
Denies Authorizing That Circular,
but Says He Approved a
Certain Poster,
Times Will Evidently Try to Show
That Race Prejudice Was
Really Appealed To.

Well 7 run Sonnel" Said John Lind

cratic congressman elect, who won by
1000 majority last Tuesday In repub-
lican district proved so much more truth
full than grammatical, that II became the
star fact developed this morning during
the trial of E. R. tombstone, editor Of the.
Minneapolis Times, whom MIR. Lind has
charged with criminal libel.
Mr.. tombstone Is being tried before
Judge Andrew Holt, in the civil branch of
the municipal court, for having published
in the Times last Saturday an English
translation Of an alleged circular and also
editorial commenting on this docu-
ment. The circular, which was said to
have been issued originally in Swedish
and distributed widely among the Swedes
Of this congressional district, called upon
voters Of that nationality to support Mr..
Lind as one of their compatriots. The
circular added statments calculated to
inflame the racial prejudices of the vot1
ers appealed to. In the editorial headed
Astounding Politics. the Times speaks
of the circular as having been issued by
the democratic campaign committee with
the consent and approval of Mr.. Lind :,
observes that it was enough to make a
cast iron image blush" and that 1T
should do Mr.. Lind infinite HARM"
The other instructive revelation of the
morning was that Attorney A. B. Jack
son couldn't recognize Latin in a Swedish
context. please pronounce this name for
why, that's only the Latin form!"
"O-h!" murmured the gray haired and
learned lawyer. The other lawyers be-
| came merry.
| The Line of Defense. ':..}"'
The state occupied the morning session
and rested at noon, after presenting a
single witness. Governor Lind. who repu-
dated all responsibility for the circular
The deefnse promised no direct proof that
! n q o11fhnriuo1 fho aj&-
cular or known of it, but endeavored, in
stead, to lay foundation Of probability
by trying to get Governor Lind to admit
that he had made similar appeals to ra-
cial prejudice on other occasions. The
defense also intimated that it would claim
| the Times statements to be privileged as
| having been made about a candidate in a
| political campaign; that in such cases
proof that the statement Is false does not
presume malice ;and that, therefore, the
state must prove malice or the defendant
must be acquitted. 49,.
The trial is in the municipal court be-
cause, under Minnesota law, criminal libe
is misdemeanor only.
| Attorney s. r. Child is acting as prose
cutor with Emanuel Cohen Of counsel
Mr.. tombstone and the Times are repre-
sented by John Steele and A. B. Jackson
After the jurors were sworn, Mr.. Chill,
outlined the complaint for the twelve bull
publications. in the Times were undoubt
edly lbelous. They were "inexcusable a
a political party measure" they. lex
posed Mr.. Lind to hatred. contempt, ridi
cule' and caused him to be stunned
At this the former governor smile
gloomlily. He was thinking, doubtless
what pariah he had proved last Tuesda,
John A. Larimore was called to prove tn
fact Of the publication: But Mr.. Jackso
f said he would admit publication and ais
\ admit that Mr.. tombstone was the edito
q of the Times. =
Mr.. Jackson and Judge Holt argued a
some length whether the state should NO
= be obliged to select which it would bas
. it's case upon-the editorial or the pub
y lished circular. The circular said MI
), Jackson, was merely copied from "a pre-
- vious publication. But Judge Holt de
Il cided that the libel alleged must be take
:, to be in the two publications considere
"a as a whole.
Lind on the Stand.
o Mr. Lind, called to the stand, .denie
5. unequivocally that he knew of the. circy
- lar before it was reproduced in the Time
d or that he had authorized any such issu
Lr He identified a translation in SWedis
If of a speech he had delivered at ST. Pau
= This was the only Swedish publicatic
c issued with his knowledge or consent. +
% also admitted that he had paid $25 to tt
in UdlldSef o. d local CQufCn 1dlr use
portrait Of himself in a publication.
f. identified the cut in red-covered pan
N phlet presented by Mr.. Jackson. Co
m ernor Lind knew nothing Of the readir
"a matter in the pamphlet.
N The complaining witness denied tn
"a his candidacy had been discussed at
III meeting of Lutheran clergymen and la,
20 men at New London several weeks. ago
~ consider the affair of Lutheran colles
~ He didn't know that the circular had be,
h distributed at that conference by a N
~, Tolleen.
-. 80 Mr.. Lind identified large poster prir
, t ed in red ink. The poster was issued Ia
49, -, Saturday in the name Of the democrat
~ committee to denounce the Times pu
VA LEGATION. ell had specifically authoriz
-, the first part of the poster, although, =
W ~ said, after. reading the rest of it, II shou
~ have authorized it all, the full copy h
~ been brought to my attention.
The poster was ruled out of evident
Mr.. Jackson, however, managed to. d
play it, accidentally, to the eyes of
jury Ell likewise contrived to state, !
or addressing the court, that the last ps
ial Of the poster, the part that Governor Iii
lie would have approved, contained an app
III, to race prejudice similar to the app
%Ioo+ s.