The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-02-21

Special to The Journal. ri
Wahpeton, N. D., Feb. 21.-The greatest |
public interest ever shown i'll any trial
i'll the history of Richalnd county attaches |
to that now before Judge CSwan in which |
Judge Lauder sues fer $4,000 damages
from eX5Sherif Evan M Jones for libel.
The complaint is based upon an affidavit |
given out last summer by Rev. q. l.. |
Wendell 1t states he was at Lidgerwood
in 1900 and later and that there were there !
as many as ten notorious blindpigs; that
Ralph Maxwell, the acknowledged leader
of the blndpig element, was said to haVeI
boasted that he paid literally for protec--
ton and that he got what he paid for;
that ample evidence was procured that the
law in some Of these places was being
broken and that papers were furnished for
the judges signature which would serve
to bring the lawberakcrs to justice; but
that the judge refused to sign the orders,
for while and that the same afternoon
large quantities Of liquor were removed
, from Maxwell's property against which an
injunction was sought to be served the
inference Of course being that the judge
or some one else in his confidence in
formed Maxwell in time for the latter to
| save himself. ~
The affidavit appeared shortly before,
| the nomination of delegates for the judi
| cial convention at which a nominee for
| the office of associate justice of the SUI
preme court would be selected. Judge
Lauder was a candidate for this position.
The publication of the alleged libel was
claimed as damaging to his candidacy as
we'll as to his feelings and reputation.
Position Of the Defense.
| The defense takes the position that the
publication was a privileged one because
Of MI. LADDERS candidacy. The plaintiff,
however. contends that the publication
was malicious Mr.. Jones knowing that the
statesments in the affidavts were false.
| This leaves the case of such nature that
the jury must determine what was in the
mind of Mr.. Jones at the time of the
publication, which consisted with him In
| showing type written copies of the affi
| davit to five persons in ALL At that time
he was chairman of the republican county
central committee, and the party leaders,
having long doubted the judges loyalty,
/ there is, Of course, no doubt that Mr..
Jones was LADDERS bitter political enemy.
But the court ruled that, to- constitute
libel, the jury must decide that Jones
had objects in mind other than political
and malicious ones.
Arguments Of Attorneys.
All through the trial the courtroom has
been crowded. The arguments of MIR.
Purcell for the plaintiff and Wolfe and
Corliss for the defendants were eagerly
followed. The first named confined him
self largely to the local conditions SUR
rounding the publica ton. arguing from the
theories of malice or political zeal. Judge
Corliss followed with an address philo-
sophical and dcductiye from the right I'M
| der our form Of government Of electors to
| inquire infinitely into the characters OF
} candidates for office.
! Frank Nye of Minneapolis followed in
the evening for the plaintiff, furnishing
. the climactic attraction from the popu-
lar standpoint Scores of ladies' Were
present and the aisles were crowded, ever
the judges platform and the witness boz
! being occupied by specta tors. Mr.. Nye is
! a friend from boyhood of Judge Lauder
and he certainly made out bad showing
for Mr.. Jones.
Throughout the case the ground has
been most carefully laid for an appeal.