The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1903-05-29


Other Cases Tried and Their Results.
The Indictment for criminal libel
against John L. Williams, editor Of
the Enterprise, was moved for trial
last Monday by Prosecutor Rathbun,
before Judge Alfred Elmer Mills. The
Indictment was found by the grand
jury against Williams for the publica-
tion of an article which characterized
Mrs. Elizabeth Holmes, a florist re-
siding on Morris street, as common
scold. An attempt was made by
attorneys for the defense, Mayor G. A.
Reed and Charles Stilwell, Jr., to have
the Indictment quashed, but the court
denied the motion.
The prosecution opened by putting
in evidence the article which had been
published in the paper and then rested.
This left the defense to establish the
truthfulness of theStatement by direct
evidence. Many witnesses were called
who had lived as neighbors to Mrs.
Holmes to show her disposition and
neighborly conduct. The article in
question referred to Mrs. Edward
Rowe as to the veracity of the state
ment that Mrs. Holmes annoyed her
neighbors and Mrs. Rowe was sworn
as a witness. She testified positively
as to the truthfulness of the story as
published in the Enterprise. Other
women were called and gave like testi
mony.
The State by rebuttal denied all the
allegations made by the defendants
witnesses. Persons who have lived
next to Mrs. Holmes, and those who
had worked for her and transacted
business at the greenhouse with her,
gave evidence that she acted on all
occasions while in their presence and
hearing as lady should act.
Tuesday afternoon the evidence
taken contradicted that given the
day previous. Both parties made
general, special and specific denials Of
every statement questioning their
veracity. Edward Rowe, a witness of
the defendant, and who is engaged as
compositor in the Enterprise office,
was called and asked who wrote the
article against Mrs. Holmes. Mr..
Rowe answered that Mr.. Walter e.
Williams did. He was also questioned
as to the retraction which was pub
lished, and as to one which Mr.. Holmes
said on the witness stand he employed
John E. Fennell to draw up for publi-
cation. Rowe said he "Set" the re-
traction, and that it was in Mr.. Fen
Ill II xrrtsff tt1fr MI III nj nnls
claimed that the denial which appear
ed in the Enterprise and that which
Mr.. Fennell had drafted in his pres
ence and which he carefully read was
not exactly the same, and that but
few words of the original were used.
The case closed late in the after
noon Tuesday, and Lawyer Stilwell
made brief argument to the jury.
Wednesday morning the court list
ened to the argument of counsel in the
case, which took all the morning and
the first part of the afternoon. In
his charge to the jury Judge Mills was
very impartial He stated clearly the
law relative to the issue. The jury
were out about two ohours and returned
a verdict of guilty, with arecommenda-
tion of mercy. Sentence will probably
be imposed Monday.
George Scales defense for breaking
into the house Of one Isaac Goldstein
near Dover was the plea of insanity.
The jury was not convinced that his
mind was affected sufficiently to fur
nish an excuse for robbery and con-
victed him.
Prosecutor Rathbun then moved the
trial of John Korkas, of Montville,
who was charged with cruelty to his
son. The youth was a stubborn one
and the jury thought that, under the
circumstances, the father had used
only such means as was necessary to
obtain obedience.
Prosecutor Rathbun decided not to
press the indictment against Mary
Shadwell, who was charged with NAL
icious mischief. She was discharged
from custody upon furnishing bonds
to keep the peace.
Robert Skinner, who was indicted
for assault upon Miss Braem, the story
of which has already been published,
proved an alibi to the satisfaction of
the jury and was set at liberty.
VETERANS OF SPANISH WAR