Daily capital journal. (Salem, Oregon) 1903-1919, 1904-10-15

had IOunu IL again. anu was very nap
py over it.
d. w. Gibson: Told how he caught
dogs. Little one would not lead. Was
not broke TO lead. Every time he
jumped up he got another twist on the
rope. Kicked him over several times
TO get twist out Of rope. He choked
and got limp Took him TO pound, and
he was soon all right. Related conver.
sation at Journal office. Never admit
ted that any dog died Plaintiff rested.
Arguments TO Jury.
An hour and half was allowed
counsel TO argue the case. Mr.. Pogue
said the wide circulation of The Jour.
nal must be considered by the jury in
estimating damages. He charged ex.
press malice on part of defendants. Mr..
Pogue reviewed the testimony in i'm.
pressive manner, and at time he grew
eloquent. For a single-handed fight
for his client, Mr. Pogue won many
compliments. His earnestness and seri-
BUSINESS in handling a difficult matter
was commendable. He displayed great
skill in drawing his pleadings, and
great learning in his citation of au.
thority and law. No better plea has
been made at this term, except Mr..
Carson g answer. The latter was over
whelming in ability and logic. At
times he carried all before him, and
held the closest attention of court, bar
and audience. Mr.. Richardson read Ell
tations, showing that the right of news.
papers to publish reports of misconduct
on part of public officials was unqual.
itied, except as to their private char
acter as citizens. So long as a news
paper confined its attacks on public
official 20 his conduct in the discharge
of his public duties no malice could be
implied If the words and language |
were brought out by the circumstances
and even if not confined to the facts, |
they were not actionable. If fairly |
warranted by the occasion, and pub.
lished in good faith, it was not libel
Gus. His presentation of the law was
so clear and strong that no possible ac-
tion for libel could be construed from
The Journal s publication. If the de.
PENDANTS had published in good faith
a report of the conduct of the chief of /
police, which they believed to be true,
no malice could be construed, and no
libel was possible. A fair and true
account of any conduct of a public of
fetal was privileged, no matter how
detrimental to his reputation. If con.
duct of public officials could not be held
up TO the public, even if the account in
some respects was untrue, then there
was no guaranty of free press in Or
egon. Mr.. Richardson was highly com
plimented by the members of the legal {
who were present.
He clearly showed that all the courts s
held that a publication charging a pr.
gate citizen with a crime or felony ]
was on a different grounds, and malice ]
would be implied. Court adjourned to ]
p. m.
Mr. Carson's Argument
He says newspaper could not have
1 large circulation and reputation and
iot deserve the success attributed to
iofer Bros. by counsel for plaintiff.
The liberty OF the press had not been
'bused by publishing what occurred in
his instance. Defendants had not ex.
'eeded their liberties.
The pleasant cordial relations be.
ween defendants and plaintiff left no
ground for assuming malice. Mr.. Glib
on had not denied this kindly feeling !
md pleasant relations. He reviewed
he published reports, showing they
we're substantially true, and the plain.
ifi quibbled about slight details.
Gibson claimed $1,000 additional dam
ges for publishing what he told Hofer
Bros. himself, He was aggravated and
vas angry because people laughed at
i'm in his trouble with the dogs. The
worst that could be said was that Chief
iibson was performing a disagreeable
luty as dog catcher, lost his temper,
lid kick the dog, dragging and choking
i'm, left him unconscious at the alley,
nj came back and carried the dog to :
he pound. Afterwards, he says, the !
og recovered. The newspaper was the
My guardian of free institutions un.
er our government, Ii the right 10
uhlish the misdeeds of officials, OF n
that appeared to reporters and wit,
esses as misdeeds was abridged in the
lightest degree, We might as well go
o Russia aud help fight the Japs in
heir struggle for liberty and free in.
titutions The constitution OF this