Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-11-20

At II o'clock this morning the four
days trial of libel suit against the
Times Republican ended by the court
taking the case from the jury and di-
recting a verdict for the defendant
newspaper, with q most severe lecture
to the plaintiff, B. r. Crawford, and the
attorney who brought the case into
court thrown in for good measure.
Plaintiff had failed absolutely TO es-
tablish a case and the testimony of
plaintiff himself proved the truth of the
articles published until there was little
left to establish a reasonable doubt in
any courts mind as to what should be
done with the case. If Crawford was
ever entitled to the respect or conf
dence of anyone he is no longer. He
twisted and writhed under the pitiless
cross examination of an attorney who
knew his character fully until he was
the object of the most abject contempt
to the court, the jury and everyone in
the court room.
The action of B. .Crawford vs.Times-
Republican Printing Company was a
suit for $4,000 damages because of
certain alleged nbelous publications.
On May 81, 1901 the T.-R. published a
Newburg dispatch TO the effect that one
B. r. Crawford, a stock buyer, had been
arrested for stealing four hogs from H.
w. Clay a rival buyer that the hogs
were found in Crawford's possession in
the Britain Packing Company's yards
at Marshalltown and settled for. That
Crawford was the same man who sew
w. Clay, substituting false weights at
the Iowa Central stock yards scales and
settled with Clay by paying Clay 5000.
On March 49, 1902 the T.-R. publish
ed another Newburg dispatch to the
effect that Crawford absconded from
Newburg with three cars of stock
which he sold in Chicago and for which
he gave checks on the Citizens Bank, of
Grinnell in excess of his deposit there
and disappeared from the community
while his checks went to protest.
In defense the Times Republican
the publication of the articles
and set up the plea that every state
ment in them was true. AT the close
of the testimony plaintiffs own admis-
sions were such that defendants at
torney moved the court to direct a ver-
dict for defendant newspaper first be-
cause the evidence proves that the ar
ticles were all true and published in
good faith and secondly because the
publications were privileged condition.
ally since there was no evidence of mall
ice shown. The motion was sustained
and Judge Burnham improved the OPP
portunity to relieve his pent up feelings
in the following language:
Judge Burnham's Lecture.
II must say / have never heard case
tried in court where there was as little
reason or excuse for the case being in
court as this one. The plaintiff himself
takes the witness stand and substan-
TALLY admits seriatim every material
statement made in these publications.
II he does not admit them as made, it
is only a difference of degree. because
he substantially admits the charge in
each case, in each allegation, as being
substantially true, perhaps, when it
comes to money question, not the full
just as it is stated, but it is fairly in
ferable, from his admissions, that the
facts set out in these publications are
substantially true, and he SO admits
them.
ut is the duty of q newspaper man,
when he conducts and publishes a
newspaper, to give the news to the pub
lie and, If it is done in good faith and
without malice or intention to wrong
or iniure another, If 1t is substantially
correct, 1t is conditionally privileged
and, therefore, there is no liability on
the part of the publisher to one who
claims he is wronged in a suit against
them for damages, and il this paper has
ever done a good service, it seems TO me
it has in this matter Now the chaEges
that were made against this plaintiff
had been circulated broadcast thruout
that community before these publica-
tons. 1t did not seem to have affected
either him or his business very mate
rally, until it came out in the news
raper. Then, when the same facts that
had been known to every one were
published in this newspaper. from that
moment it seems to have put check
upon his somewhat wild and mad ca
reer and, as he claims, damage has re-
suited to him. Consequently, in this
particular case, the newspaper has
served the public in a way that is very
creditable to 1T and a protection to that
community. l do not think l ever knew
or saw a witness who would admit as
much as he and yet try to shade or
protect himself from the full force of
his admissions as in this case.
There are some things / might refer
to that looked very badly, to say the
least. I will not do it now, but / hope
If nothing else has made this man, this
plaintiff stop and consider his course
in that community, as shown by his
own admissions, that this public ex-
posture in this trial will have such an
influence upon him that it will deter
him from some of the practices he
seems to have been indulging in and
that is, as see it, the only excuse that
can be made for this trial, that 1t may
possibly have some good influence on
him and others.
Il do not think 1 will say more. I
have tried to be patient in this trial, and
yet 1T has been something of an effort
en- my part. There is no excuse for
this case being in this court, upon the
admitted facts of this plaintiff, with
reference to these publications and this