The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-01-09
TESTIMONY CLOSED.
TingIey vs.. Los Angeles Times
Libel Suit Nearly Ended.

San Diego. Jan. 9.=Testimony was
closed in the Tingley-Times libel case
this morning and the jury arguments be-
gan this afternoon. Frederick r. KEEL
logg Of New York, made opening argu-
ment for plaintiff speaking for two
hours. Eugene Daney of San Diego be-
gan the opening address for the defend
ant and had spoken an hour when court
adjourned. Mr.. Kellogg in his argument
said that Mrs. Tingley was charged by
the newspaper with the forcible inpris-
onment of Mrs. Holbrook and treating
her in such a manner that her health
was ruined and the woman placed at the
point of death It was further charged
that other persons were enticed into the
home by nlisre representation and i'll treat
ed; that little children had been starved
and imprisoned in padded cells; that the
institution was a fake for the purpose
of defrauding people and to crown all
the men and women OF the home were
accused of gross immortality. I'VE ind, .
said Mr.. Kellogg, "ar absolute failure
on the part of defendant to even at
tempt to show by pleading or proof
that these charges are true. The alleg-
ed insane ceremonies at Point Iona
resolve themselves into the simple yet
al the same time most impressive cere-
monies by which the plaintiff and hef
assistants symbolic certain anniversar-
les In the matter Of diet, we find that
for young and old alike one rule only
prevails at Point Iona, and that is an
nutritious food in quantity avoiding
both the sin and folly Of gluttony and
the misfortune of inadequacy. The
leading thought at the homestead is the
brotherhood OF man. not theoretical
but an actual brotherhood: not an alb
stract thought to be talked about but
living. breathing fact
And hand in hand With this teaching
goes the correlated one of a higher life
of the individual himself. a life devoted
MT merely n the TpffV cares rf man
kind but to the nobler. purer thought
and actions which lie within the reach
of every man if he will but see them
and understand them. If this be in
sanity then let the world run mad. If
it be sanity then let retribution over
take these who have sought to tear
down and destroy the originality and
supporters of this work.
Was it a spirit of fairness which ami
mated this defendant when this article
containing this damnabIe SANDER was
published merely upon the say SO of
woman who extracted from the papers
used, an article published without even
so much as an attempt to investigate the
other side of the statement2
Malice, not merely in law. but in
fact venom of the worst dissertation,
defamation which has for its excuse no
reason and for IS duration no end
theEe are the things which have eharac-
terized this defenda Il and these are the
things which call TO you fcr prompt and
effective punishment.
Mr.. Daney. for defendants, said in part:
This case involves more important de-
cisions than have been Denoted. It
goes to the foundation Of government.
1t is a question Of whether the liberty
Of the press shall be SnOthered by such
conditions as we see here. If there have
been one fact established beyond all
other facts It is that the defendant did
not act with malice, but that he acted
IS a journalist. as any newspaper who
had enterprise would have acted under
the circumstances. Does not the evil
dence show that the paper was inspired
only by fairness and 5ustice2 Was it
net shown that the article was stripped
of matters that were very derogatory to
the Dlaintin2 Does this not show that
the intention was 20 do a thing that was
Just and fair2 The woman who gave the
/ interview wanted her name withheld
That IS natural; women do not like pub.
Iielly She did not wish to szasear as
authority for some things that had been
/ told to her by others. Her statement
was given the same publicity as the
original pubIAeetion. The plaintiff has