The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1905-09-01


+ Taiboys Comes up Wednesday,.
The criminal libel prosecution
of Editor Talboys, of the Chisholm
Herald, called before Judge Chas. E.
Nelson, of the municipal court on
Wednesday, was by stipulation ad.
journed for one week, owing to the
tact that Assistan Mt County Attorney
Poirier was represented in: the case
by Attorney Martin, fact to which
exception was taken by Attorney
Woods, for the defence.
The reason of Mr.. Poirier's absence
was assigned by Attorney Woods to
the fact that he did not consider the
matter worthy of prosecution, Mr..
Woods stating that he had 80 told
him but short time previous to
the calling of the case.
The case is one growing out of
the publication of an article in the
Chisholm Herald under date of
July %, headed "Annual School
Meeting," in which article was con.
contained the following reflection
upon the character of Mr.. Grant,
who run for and was elected school
treasurer of the district by vote of
2O2 as against l9l for his oppoent.
"The result is not what we ex.
pected or hoped it would be, and of
course we are greatly disappointed,
with many others. We thought,
and naturally 80, that as Bill Grant
had been suspended from the same
office over year ago on the charge
of embezzlem eht by Gov. Van SAINT,
and had resigned to save himseh
from criminal prosecution, that it
was not possible the people would
send him back again to take charge
of the money of this school district
with the chance of doing as he did
before. This story is true and was
not put out simply to defeat him.
1t has been brought out time and
again and the larger part of the
people cannot but believe that they
are true. 1t can be cotroborated in
every particular; it can be proven
beyond doubt" l. -.
Three days later Mr.. Grnnt swore
to complaint charging criminal
libel, before Municipal~I Judge; Hhoe
tF.Brady, of Hibbing. 2Respoasixe
to the complaint Editor Talboys ap.
peared in court at Hibbing on July
"a, accompanied by &. r: Woods
his attorney, furnishing bond ia
sum of 500 with W. G. Shane and
Henry Fugere for his appearance
at trial. On August 2 he again ap.
peared and asked for a change :oa
venue to the Municipal Court oi
Virginia, setting forth that frou
prejudice and bias he believed that
the Municipal Court of the Village
ol Hibbing would not decide inpsr
TALLY in the matter, the change oa
venue being granted as asked.
In his plea for the dismissal oa
the case Attorney Woods took@ex
ception to the appointment by Mr.
Poirier OF Attorney Martin as pros
ecutor, alleging advice from Couu'
ty Attorney McClintock bearing 4oa
the subject and upholding his con.
tention that none but the Assistan1
County Attorney in person shoald
be entitled to appear in the csse
After due consideration Judge Nel
son failed to coincide with the mo
tion for dismissal but granted~a
stay of proceedings for one week
adjourning the case until Wednes'
day next at II o'clock a. m.
The charge is one susceptibleeoa
Punishment by fine of any ~sea,
from $lO0 to $4,000, or imprisou.
ment in the county Jail for auy pei
iod not to exceed six months. Hut
Editor Talboys says he can fully
substantiate any allegation nssd<
and these provisions of law~.csa
therefore have no interest for hin,
1fremee's Relief Associat;oa Ofltte1s,