The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-06-14
GETS A VERDICT
jury Awards Annie Oakley $1,000
She Wanted $4,000.

The case of Annie Butler. known as
Annie Oakley. against Frank P Mac
Lehman. editor and proprietor of the
Topeka State Journal for $4,000
damages, was heard before Judge J.
c. Pollock in the United States dis
trict court at Leavenworth yesterday
and occupied the entire day
The jury after being out two hours,
in the evening, brought in verdict OF
81 900 against the defendant
The plaintiff, Mrs. Butler, was rep
resented by Rossington & Smith, of
the defendant by d. E. Palmer and
John E. Hunt, of Gleed, Ware &
Gleed-
The suit was brought on account of
the publication in this paper in Au-
/ gust last of an item reporting an oc-
/ currence in the police court OF Chi
| cago which stated that one Annie
/ Oakley, a rifle shot, had been arrested
for theft and sentenced to a term IN
/ prison The woman arrested proved
/ to be an inpOSter although she mad
been a markswoman- was named Cody
and had been connected with Bunalo
| Bits Wild West show. She told the
reporters and others that she was
Annie Oakley and by her statements
misled many newspapers in all por-
/ tons of the country. Nevertheless S1 e
was not Annie Oakley and the papers
which printed the article. however
/ unconsciously, printed that which was
! true
woman entitled to be known as above.
/ When the State Journal discovered Its
mistake it acknowledged 1t ana set
a bout to ascertain the truth ana TO
publish a correction.
| Inc best and most conservative news
papers in the United States were de-
| ceived and published the item IN var
/ ious forms.
York Tribune, The Chicago Tribune,
The Chicago Record Herald, the st.
Louis Globe-Democrat The Kansas
City Star, the Cincinnati Post, Inc
Philadelphia Press, The Ph1ladelphia
| Record The New Orleans Times.
| Various verdicts have been given by
iuries The highest against the Gin
cinnati Post for $4,000; the New Or
leans Times S.. 900; a New Jersey paper
| SO, O00 a Louisville paper $2,Ooo; the
Scranton (Pa.) Truth $500.
In other cases there have been dis
missals or disagreements; some jurors
| Altogether the case is one gaming
much attention and prominence
Mrs Butler, Annie Oakley, who was
in LeavenwCrth with her New YORK
attorney, was the witness III ner own
The state journal obtained its in
formation from a Chicago dispatch IN
the Globe-DeTnocr one OF the pest
and most conservative newspapers in
the west and which gathers its news
from reliable sources.
The law governing newspaper libel
in Kansas was made years ago when
there were practically no newspapers
and little occasion for them.
1t apparently gives judge IN Ger
tain cases no opportunity to permit
an editor to show the rellab1l1 OF ITS
| sources of news, the care taken to col
lect it and to print facts; or to show
efforts to publish a correction or evil
dence that a retraction in case OF
error was published. The state jour
nal ran up against these things
| 1t is certainly to the interest of the
people to have news gathered and
printed.
Newspapers are liable to mistakes
just as any other instruments managed
by human heads and hands If news
papers waited until courts could de-
clare that certain things had actually
happened, there would be no daily pa
pers, or weekly papers. There might
be a monthly court journal which as a
conveyor of news would be less eff1ci-
Gus than that of the old town crier
with his changing bell.
Times have changed and the libel
laws of Kansas should change with
them and the consent of the anti
machine-not run on forever like
the brook of old.
IN the Leavenworth case the law
yers presented the usual argument OF
a defenseleSS, innocent woman in the
power of an INSCRIPTIONS press
Colonel Rossington delivered a fierce
TRADE against all newspapers in gen.
| eral ana one IN particular. ana neIC
: up this paper as a horrible example
of success. He said: Here is q
: paper which can well afford tc
pay us all ask. Its editor
was even on a tour to Europe wher
, his sheet was printing this libel Gus
) article" Think of the shame of ar
editor who after eighteen years of con
tinuous service and conduct of one
Kansas newspaper. should dare &c
away for a few weeks and take his in
nocent family across the ocean. The
concern of Col. Rossington was terri
BILE. He would evidently make it
crime for individuals less than lawyer:
l to go abroad.
The State Journal will continue t.
/ print what the lawyers for the plaintiff
were evidently loath to admit and II
D assert is the mostwidely read paper il
Kansas"
BY the way in mitigation of dam
ages the State Journal has evidence oil
the record of the United States cour
l that its circulation is over 1000 in To
peka alone, aside from its immens
J. | circulate over the state, and ais
evidence that it's circulation has in
s creased over 1000 in about seve
e months. Not every Kansas paper ca
show that and show it on court rec
s ords.
: 1t comes high, but we will pay tn
81 900 on demand and continue to B
t careful to print the news from day t
d day.
n MISS ROOSEVELT BRIDESMAID.