Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1903-12-09
EDITOR WINS LIBEL SUIT
The Clara City Herald Man Is Awarded
Verdict Of 5000 Damages for
Defamation Of Character.

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Verdict Of 5000 Damages for
Defamation Of Character.
Editor Berghuis gives the following
account In last Fridays Herald of the
libel suit which has attracted 80 much
attention. Inasmuch as Attorneys
Olson & johnson of this city we're
among the attorneys employed in the
case the suit has also attracted more
or less attention in this locality.
Messrs. Olson and johnson returned
last Wednesday night from Monte
video, where the case was tried at the
regular term of court. The Herald
says:
The IS, 600 damage suit instituted by
the editor Of this newspaper against
Henry Mammsn, a salooH-keeper Of
Clara City, for defamation OF charac
ter and reputation, was tried in dis.
trict court in Montevideo last Tues.
day, Judge Gorham Powers presid-
ing, and was bitterly fought by some
of the best legal talent of Montevideo
aDd Wiilmar. A brief resume of the
beginning of the trouble and the trial
will no doubt prove of interest at this
time.
Our readers will probably remem-
Der that about the 18th of September
Henry Mammen Of this place was ar.
rested On a complaint sworn out by
Edward Hanlon, threshing hand, for
assault and battery. We, as Justice
OF the peace, issued warrant for
MANNERS arrest and he was brought
before us by the village marshal.
Upon the complaint being read to him
he plead guilty to the charge as set
forth in the complaint and we there
upon fined him $40 and costs, which
he paid. This should have closed the
matter, but it seems it did not.
II. II. Keenan,, who runs the Com.
mercial Hotel at this place, hearing of
the trouble Mammen had gotten into.
volunteered to write an article for the
Maynard Progress setting forth Nam.
mems side of the case. 1t must be re-
membered now that Mammen p'ead
guilty. If he had put in a plea Of not
guilty we would have given him
chance to put in his plea of defense
and tried the case on it's merits, but
as 1t was, the justice was in duty
bound to pass sentence and not try to
prove him innocent when he said him.
self that he was guilty.
Keenan, in presenting Mammen's
side of the case overdid himself be-
cause of his hatred to US and tried to
use Mammen as a shield to protect
himself from as filthy an article as
ever disgraced the columns of news.
paper. Mammen was made the tool
and dupe of Keenan's designs, as At
torney Fosnes said in his charge to
the jury that when Mammen struck
keenan, he evidently found the right
man who as capable of doing such
dirty work.
The principal part of the article on
which suit was based and which is
purely libelous is as follows. IT sue.
ceeded In clearing my room of two of
the toughest characters that ever
came to this town except the editor of
the Clara City Fog Horn "They
then went to Judge(?) Bughouse as
he is commonly called and he being
q man OF INSCRIPTIONS character,
more of a swine-herder than a peace
officer, gave him q warrant and was
arrested. and brought before his high
ness" II feel that I have been
wrouged by man who we elected to
be justice of the peace but who is more
OF low dirty swine. herder and ought
to be sent back to Willmar where he
herded swine for living.' 81 al
ways pay my honest debts which is
something the editor Of the Clara City
Pacifer cannot say" The above is
only part of the article which is
claimed to be libelous but enough has
been given to shew for what the &C.
ton was brought.
We placed the matter in the hands
Of Attorney Fosres of Montevideo,
who promptly brought action against
Mamnen Whose name appeared to
the article as published in the May.
nard Proeress) for $4,000 damages.
Mammen retained Olson & johnson
as defense and the legal battle was on
1t was expected that the case would
be tried last Monday but it was not
reached till the next morning. Nam
men had subpoened from ten to twelve
Witnesses to testify in his beh Alf. We
rode over with one but expected to
use MANNERS Witnesses and they
proved to be good ones for our side
as We expected The witness for the
defense from here were D. ERASMUS,
M. s. Carl, T. Voss, E. q. keenan,,
J. Kelley, j. Smaller, D. Gaasterlaud,
A. F. Petersen, John Caspers, FREQ
Freese, Henry Greve, and A Veen.
stra. Geo. Schultz was our only wit
ness from here and he only testified as
to our character and reputation. The
defens with all their witnesses could
not prove single charge as made in
the article published but every one
was compelled to admit that our cha
acter and reputation was of the best.
The proceedings of the trial against