The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-02-17
BROUGHTON MEANT
No HARM At ALL.
Was Not Thinking Of
Lumsden, Says He.
LIBEL CASE Is OFF
Prosecution Rests, Suggests That i
Mr.. Broushton Would DiscIaim
Reference, Case Would Be
,Droppsd, Mr.. Broughton
SWore, All is Over.

The prosecution of Mr.. j. NJ.
Broughton for criminal libel of tax
collector Cnas. f. Lumsden came to
an abrupt end yesterday upon the
withdrawal of the warrant by the at
torneys for Mr.. Lumsden on the oath
of Mr.. Broughton that he har no ref
crence in his article in the Times 10
Mr.. Lumsden and did not have that
gentleman in mind when he wrote
what lie dsd as to the methods of tax
collectors and his objections to the
system in vogue.
1he swearing of Mr.. Broughton
came in response to a suggestion on
the part of the attorneys for the
prosecution, after the case had been
rested by botn sides and after argu-
ment had been heard from Mr.. w. n.
Jones Tor the defense,
The particular section of Nj.
Broughton's card which was made the
basis OF the prosecution was as foi-
lows:
"iou will see that there are hum
dreds of voters in the city OF Raleigh
Who pay no poll tax. Why? one
reason is, that to make them pay
Wouau require very unpleasant, and to
the dennquents very Unpopular pro-
ceed.n~s. 1he tax collector would
have to resort TO 'garnlshee and thus
incur the uIspieasure of the voter who
Always votes esneciany i'll the prl-
mary. whether he pays taxes or not
The collector does not do that un-
popular thing; he saves the voter To
himself and loses the city enough
money to pay his salary. which, by
the way, last year amounted to more
than two thousand dollars. The col
lector ought TO have no discretion
whatever; he should be under no OBJ
lgat1on to any voter constituent. Ana
he should be paid salary. W.lo
knows what the collector now re-
ceives as compensation for services =
Tbs language, testified Mr.. >Brough-
ton. he did not mean to APP Nv to Mr..
Lumsden and in fact he did not have
HIM in mind at all when he wrote the
article. He had simply a reference.
he said TO the office of tax collector
and was discussing the administration
OF the office and not Mr.. LumSden as
an individual at ALL
The statement that '"The collector
does not do that unpopular thing; he
saves the voter TO himself and loses
the clsy enough money to pay his
salary. which. by the way last year
amounted to more than two thousand
dollars was, said Mr.. Broughton, only
general and i'll no way specific, nor
aimed at Mr.. Lumsden.
After Mr.. Broughton had testified,
Mr.. Lumsden asked to be permitted
TO make a statement. saying that he
had taken fifty years life in Raleigh
To build up a character and that he
could not afford to have it attacked
without protecting himself. That was
the sole motive wlich prompted his
prosecution of Mr.. Broughton. If
Mr.. Broughton had been IL man of
wealth, he said, he would not have
sued him for damages. He did not
consider the office of tax collector
anything beside his anxiety to protect
his character from assault. He stated
that he went to Mr.. Broughton the
day of the publication in the paper
Mr.. Broughton had said that it did not
refer To him, and had told him that
if he would furnish him (Broughton)
with written statement of MS acts
aud doings as tax collector. he would
withdraw his remarks which might
have reference to him. Later Mr.
T.umsden said that he saw Mr.
Broughton again and told him that
he would have to answer to the courts
All~that he wanted. he said, was al
official vindlcation of his official acts
He did not desire. in any way. TO pun
ish Mr. Broughton.
Mr.. Broughton then stated that he
had always considered Mr.. Lumsden
rs a personal friend and a gentleman