Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-01-18
/ WAS NOT A LIBEL
Such Was Judge Caswell's De.
cision in Morse VS.. T.-R.
Libel Suit.
Jury Directed by the Court to
Return Verdict for Defend
ant Newspaper.
Facts as to Morse Proved..No
damage Shown.-Testi-
mony in Brief.

Late Friday afternoon the libel sui
of Morse VIZ. Times Republican which
has occupied the attention of the Mar
shall county district court for the en-
tire week was closed by the judge ruling
favorably on motion by defendant
newspapers attorneys to direct the jur,
to return verdict for the newspaper.
The case grew out of a publication II
the columns of the T.-R. of May 2S. Mr.
+. N. Morse ayoung man well known IN
Marshalltown and somewhat noted fol
his frivolous habits, had bought himself
into prominence while soliciting life in
surance in Boone The Boone Evening
Republican published a jocular article
about the society doings Of a "ChoHs
boy who came from Marshalltown and
was soliciting life insurance in Boone
The description while exaggerated was
sufficiently definite for Mr.. Morse's ac-
quaintances to easily recognize it.
When the article came TO the T.-R
editors attention on the following
morning he Immediately knew who was
referred to and since the article con-
tanned certain statements which I'M
answered might be construed as re-
f1ecting upon the mans business trans
actions. the editor had the matter In
yestigated. The T.-R. city editor set
out to find Mr.. c. II. Rumsey. the state
agent who had employed Morse ana VINO
had been seen In town few days pc
fore. Mr. Rumsey had left town put II
was learned that Mr.. G. G. st. CAR.
cashier OF the City National Bank, had
talked with Rumsey about Morses az
fairs. Rumsey had told st. Clair that
Norse's affairs at Boone had been set
tied and that the young man had peen
p,,f,ty or no great wrong doing except
to live far beyond his income, He also
stated that Morse was not q success as
an insurance agent and that he INTENDED
to discharge him after presenting MIN
ticket TO his home. The Times Repuoii-
can then republished the Boone article
with the above explanation created 10
Rumsey, Morse's employer and the man
who had Investigated Morse's affairs at
Boone. This was in May. In the Sep
tember term OF the district court quit
for $4,000 special damages was brought
IN the grounds that the T.-R. had
lfbeled Morse and caused his discharge
Trial was not begun until this week
Monday of the January term. Attorneys
Binford and Smelling and j. l.. Carney
for the T.-R moved to strike from the
plaintiffs amended pieadinss all innu-
endos that the language In the Boone
article could be construed TO charge
plaintiff Morse with embezzlement. This
was sustained and the charge OF libel
was then left comparatively harmless.
resting only on the grounds that the
Boone part of the article held plaintin
up to ridicule, provoked him to wrath,
caused his discharge by injuring his
business, and that because the T.-R.
had named him as the subject OF the
Boone article when that article con-
cealed the "Cholly boys real name,
the T.-R. had thereby libeled Morse and
damaged him in the sum of $4,000.
Malice on the part of the T.-R. editors
was not claimed, but 1t was pleaded that
malice was contained in the language of
the alleged libel itself. Defendants at
torness plead that the article was pub
lished in good faith, without malice and
with an intent to explain away the
charges in the Boone paper; that 1t was
privileged in that 1t re-
ferred to man engaged in the semi
public business of selling life insurance
from town to town, and 1t was the ed
itor's duty to the public to state the
facts in regard to this Marsialltown
man written about in the Boone paper
SO far as he found them, and that the
article was justified by the facts of
Morse's actions.
The jury was not drawn until
Wednesday morning, and the testimony
began in the afternoon. Morse admit
ted on the stand that he owed enough
debts to friends for borrowed money
and bills for unpaid board. diamond
ring. golf clubs and the like to buy a
farm. He testified that in
the year and a half he had been in the
insurance business he thought he had
earned about 500 per month in insur-
ance commissions. but on cross-examin-
alton didn't know how much he had
earned. During this time he had squan-
1ered $500 received from his home, got
nto'' his friends for amounts varying
from $500 to $50. $50 and $40. had over
drawn at one bank and borrowed at an
other, all of which he could not pay,
owed s75 for balance due on a diamond |
ring which he had since given away, |
and still had unpaid board bills ranging
rom $50 to $50. He testified that he
once worked for the Letts-F Fletcher
Company at $50 per month, but the
treasurer of that company testified that
ne never got over $50 per month, and |
hat only for short time.
The state agent Rumsey then went on |
he stand and admitted that Morse still |
WED him and that he had advanced the
money to begin this suit, but qualified |
he last statement by the somewhat |
doubtful statement that the amount had |
nce been paid back. He admitted be-
ng worried by Morse's extravaganza,
lad demonstrated with him about his
ebts, had been called upon to invests
,ate his agents private affairs and had
old several parties, including Mr.. st.
lair, that he would have to discharge
iorse as not earning his expenses in the
mploy of the company. He first stated
hat he had not been to Boone to look
nto Morses affairs. but afterward adj
1itted that he had, that he had told
Il. Clair 80 and that he had paid Morse's
otel bill there. He also admitted that |
Iorse had not fulfilled the general re-
uirements of a successful insurance
gent and that several parties had sent
i'm the Boone article referring to Morse.
For the defense Mr.. Wildman, city ed
tor of the T.-R.. testified to writing the
rticle under instructions from the man