Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-12-15
NO VERDICT IN
TRIBUNE CASE.
Up to a Late Hour This After.
noon Jury Had Not Made
Its Report.
MAY BE A DISAGREEMENT.
Judge Powers Concludes Argument
And Judge Prick Closes for
The Plaintiff

Up TO q late noui tnls AFTERNOON no
verdict had been reached In the libel
suit OF William r. Jones, Jr., against
the Salt Lake Tribune, although 1t was
expected that the Jury would be pre-
pared with it's announcement at al
most any time.
JUDGE POWERS CONTINUES,
At2p. m. yesterday afternoon Judge
Powers resumed his argument for the
defense IN tho Jones-Tribune libel case,
speaking untll $40 o'clock lie re-
ferred TO the testimony Of Mrs, Berry,
the cook. She was friend Of Mr.,
Jones. came upon the stand without
prejudice and gave her testimony with
reluctance she testified to having
cooked bad meat at the instance OF
AR Jones; also that some Of this meat
which had been served on plaintiffs
table, was returned; small mutton
roasts had also been served to Mr..
Jones, but none Of this meat was
given to the inmates. Mr.. McFar-
lands testimony must stand, as he tes-
titled that Miss Telford and Mrs. VIII
kinson both saw the meat infected
with maggots he would not have
named these witnesses had he been
testifylng falsely The evidence proved
and It was admitted by plaintiffs
counsel, that skim milk mixed with
water had been given the inmates,
man who would feed inmates of nm
inhrmary as Mr.. Jones had fed those
of the Salt Lake county infrmary,
would not hesitate TO swear 20 claims
not Justly due.
COUNSEL sUsTAINs CHARGES.
Any claim above a mans salary IL nm
Illegal claim. No man Is entitled TO
double pay because he chooses to work
during his vacation. The pay roll al
lowing extra pay for services rendered
by employees during their vacation and
signed by Mr. Jones was a padded pay
roll, and the allegation that he padded
the payroll IL sustained.
Referring To the charge OF perjury.
the Judge said 1t was made In the pop
ular sense OF false swearing. Jones
sworc falsely to claims not legally due;
he was therefore guilty of perjury In
the sense stated he swore to claim
for 1885 due him for Ave days ser
vices rendered during his vacationi
this was not legal claim, and MIR,
Jones affidavit constituted the offense
OF perjury, as II was a sworn oath TO
claim not legally due.
PERJURY DEFINED.
The judge laid special stress on this
definition Of the term perjury, and de-
clared the Tribune used the word syn
enormously with the term false swear
Ing In all the articles complained Of
He declared that under this definition
Of the term IL was not necessary to
prove corrupt intent. This would be
necessary were the charge Of perjury
preferred as the term Is known and
understood IN the criminal code.
Counsel for defendant closed
his argument by saying that
from the evidence disclosed the defend
ant Is entitled TO a verdict OF mo
cause Of action" Mr. Jones character
as brought TO Hight in the hearing was
such that he was not entitled to single
cen, for damages. II either Mr.. Lipp-
man or Mr.. Sefrlt be mucted q single
cent for damages In this case, the free
dom OF the press Will be ended forever
IN Utah.
JUDGE Prick CLOSES.
At 1855 p. m, Judge Frlck began the
closing argument for the plaintiff He
spoke until nearly o'clock. He admit
ted certain irregularities on the part OF
Mr.. Jones but declared they did not
involve criminal action. The arrange
ment with Mr.. Sherwood, while irregu-
lar. was not criminal and the evidence
showed that goods obtained for Nc.
Jones personal use were charged 10
him on Mr.. Sherwood's books. When
Salt Lake county paid Mr.. Jones SIS for
COW there Ia no question hut the coun-
~ got the best OF that bargain To be
regular, Il Is true. Mr.. Jones should
have turned the money in received from
the sale OF a COW 10 Mr. WINNER and
received from the county its warrant
for the payment OF his own COW. Value
was given, however for the money kept
by Mr., Jones. and no theft was COM
mitted as counsel for defendant would
have you believe,
NOT JONES FAULT.
Salt Lake county received s56.06 for
hogs which II sold to Mr. Smith. That
the latter had failed to give proper cree
dit on his books Tor the payment was no
fault OF Nj. Jones that he had his son
enter the proper credit before bringing
the books In court was his own affair,
for which Mr, Jones was in no sense
responsible, yet defendants counsel
would have you believe he had doCtored
the books Of Mr.. Smith In order 70 COW
er up a theft.
Commissioner Horne tested that
contingent fund was provided Mr.. Jones
for use In making special purchases
Expenditures from this fund were made
by MI Jones under direct authority
from the board OF county commission.
ers and an accounting Of these eXpeudl-
lures to the county auditor was not re-
quired.
sHERWOOD's TESTIMONY.
Judge Powers awaited himself OF every
opportunity TO eNtol the virtues OF Bish-
op Sherwood as n man of God. holding
sacred ecclesiastical position In tho
church 10 which plaintiff belongs Far
be II from me to dctrapt from this
commentator, but one thing / wlsh
you to knuW--the bad meat complained
Of. the rotten mutton they say was
bought, was, at the very time the
charge Is made, purchased from bishop
Sherwood. The testimony % the wiz
nesses regarding the bad meat used
should be squared with the conduct OF
said witnesses. Why. II such mslOdor-
Gus meat was served time after time
did these witnesses, who were employ
ell at the institution remain there
month after month You would think
from their testimony they could not
endure 10 1--we under such conditions.
Mrs. Miller, who testified 10 bad mea,
being used dld not leave the instltu-
tlon voluntarily. She ala not wish to
leave the place. Mr. Mcfarland only
left after a controversy with Mr.. Jones
Their conduct belied their statements.
TRIBUNE COMPLAINED FIRST.
Commissioner Harker testified that
no complaint ever came TO him OF the
treatment Of inmates at the inhrmary.
The Tribune was the first 10 make any