The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-01-09
MRS. K. A. TINGLEY'S SUIT
TESTIMONY CLOSED AND ARGUMENTS
OF COUNSEL BEGUN.
Plea of Lawyer Dane I'm Behalf of the
Newspaper from which Libel
Damages Are Demanded.

SAN DIEGO, Cal, Jan. S.-Testimony
was closed in the Tingley- Times libel case
this morning and the jury arguments began
this afternoon. Frederick X. Kellogg, or
New York. made the opening argument for
the plaintiff, speaking for two hours. Eu-
gene Dane, of San Diego. began the OPEN
ing address for the defendant. and had
spoken an hour when court adjourned.
Mr.. Kellogg. in his argument. said that
Mrs. Tingley was charged by the defendant
newspaper with the forcible imprisonment
of Mrs. Holbrook and treating her in such
a manner that her health was ruined and
the woman placed at the point OF death
1t was further charged that other persons
were enticed into the nome by misrepfe-
sensations and i'll treated; that little chill
dren had been starved and imprisoned in
padded cells; that the institution was q
fake for the purpose Of defrauding people,
and. TO crown all, the men and women OF
the home were accused OF gross immoral-
ity. We find" said Mr.. Kellogg, ian abb
solute failure on the part of the defendant
to even attempt TO show by pleading or
proof that these charges are true The
alleged insane ceremonies at Point Iona
resolve themselves into the simple, yet
at the same time most impressive. cere-
monies by which the plaintiff and her as
sistants sgnalized certain anniversaries.
In the matter of diet we find that for young
and old alike one rule only prevails at
cheney of the best and most nutritious food.
in quantity avoiding both the sin and folly
of gluttony and the misfortune of made
quacy. The leading thought at the home
stead is the brotherhood OF man.
Mr.. Dane for the defendant said I'm part:
This case involves more pertinent consid-
erations than have been depicted. IL goes
to the foundation of government 1t is a
question of whether the liberty OF the press
shall be smothered by such conditions as
we see here. If there has been one fact
fob IiQha fhar IA IL of
the defendant did not act with malice, but
that he acted as a 1ournalst-as any news
paper man who had enterprise would have
acted under the circumstances Does not
the evidence show that the paper was in
spired only by fairness and Justice? Was
IL not shown that the article was stripped
of matters that were extremely derogatory
TO the plaintiff? Does this not show that
the intention was 10 do thing that was
just and fair? The woman who gave the
interview wanted her name withheld. That
is natural. Women do not like publicity.
She did not wish TO appear as authority
for some things that had been told her by
others. Her statement was given the same
publicity as the original publication. The
plaintiff has not denied that several per-
sons had brought articles TO the Times ap-
pealing for support for the institution %
which Katherine A Tingley is the head.
If they appealed for support TO the public
the public has a right 20 know Of the in
stitution- We are not attacking theoso-
ply nor we attacking any form OF
ligion. We had a little controversy with
Mrs Tingley. Look at the constitution OF
the institution. She Is the absolute
and monarch. She holds her position for
life and has the power 10 appoint her cabi-
net to hold office during her pleasure. TO be-
removed on a moments notice at her pleas
ure. and she has the right TO appoint her
own successor. Her people cannot even
discuss subjects without such discussion
meets with the pleasure OF Queen kath-
crime How does she bind her sEbjects1
BY a pledge OF her making Mrs
Tingley claims to have suffered from shock
and from insomnia We see her In court
conyersing fiippantly with her friends and
my colleague, Mr.. Shortridge. ard Offering
10 read his character. We see her riding
to and from the court In her royal car
riage She does not claim TO have lost any
OF her adherents. From what has she
suffered? She asks you TO assess the de-
PENDANTS $4,000 damages. Would you. gem
tiemen OF the jury. like TO make $4,000 the
same way?"