Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-12-14

and the only fact adduced was
thar ON June co. 1902, Supt
Jones had sold hogs OF the gross value
Of S56QG. and had been paid such
amount therefor, the books showing
the account balanced,
The court then read his instructions
10 the jury. citing the allegations made
by PLAINTIFF defining the term 'llbel'
and explaining upon what grounds the
charges would stand or fall in accord
auna with the evidence IN the case,
Judge Henry $. Tanner then opened
the argument for the plaintiff. He Was
the only one 10 address the jury az The
afternoon session. In substance he
said;
Plaintiff sues for damages resulting
from libeous articles published IN the
salt Lake Tribune. which impeaChed
his honesty and integrity and exposed
him 20 public contempt and 'rldicule. In
a certain article II was stated that
Jones padded the payrolls at the IN
Urinary that he was not new offen-
der against he law but no one dare im-
peach him because he was The son-in-
law Of Apostle Penrose As these state
ments are untrue and virtually charge
plaintiff with the commission OF
crime they are llbeious Defendant ad-
mltted publishing the articles and
ayerred they were true.
WHAT EVIDENCE SHOWS.
The evidence discloses the fact that
I'm 1901 Anderson, Harker and Horne
constituted the board of county COM
misaloncrs that Mr.. Jones was given
no specific instructions BY the board
with reference 20 the conduct of the
innrmary, for the reason that he was
not an officer of the county but an ems
ploye under the direction OF the county
board that Commissioner Harker
whose special duty 1t was TO hook after
innrmary business, had given general
Instructions to Supt. Jones to conduct
| the affairs Of the institution IN ac-
! cordauce with his Judgment, and to do
| whatever he saw A., that is, whatever
| was essential TO the welfare OF the in
| Urinary or benefit of the county
Acting under these general instruc-
| tlons, Supt. Jones had conducted AZ
| fairs I'm accordance with HIS Judgment,
| The evidence amply indicated that
| judgment. No complaint was made
against Mr.. Jones until about 10 days
| prior to the expiration Of the term OF
| Office OF the commissioners, when an
| accounting was asked for, although no
| books had ever been provided which
| Mr.. Jones was supposed to keep.
| Vouchers were attached to all bills In
| connection with general county BUSH
| nest. but no vouchers were required for
| expenditures from the contingent fund.-
| which had been provided in order that
| fruit and other extras might be sup
| piled the inmates.
Supt Jones was authorized 20 buy
| for the inlrmary. Under general In
structlons to do what he saw 1T or
deemed essential for the welfare of the
| institution. there was the implied right
| TO sell also or exchange excuses or
any kind, Therefore, Mr. Jones had
sold surplus vegetables rather than let
them rot; had traded dry COWS for new
! mlch COWS and made other advanta-
| geous exchanges.
NOT IN GOOD FAITH.
The Tribune management testified
that the articles complained of had
been written In good faith. 1t does not
50 appear. Mr. CaswelI told them tina,
he had been told that bad meat was
served az the inhrmary. This vague
information was exploited az II a
proven fact. No effort was made, how
| ever TO obtain the facts from those
who knew them. They heard of meat
being bought at three cents per pounu
and at once published that Il was rot
ten, although ladies' ct the innrmary
testified TO never having smelled ans
bad meat,
Mr.. McFarlaud's testimony that Mr.
Jones and the laundress saw meat n
the cellar infected with maggots, auC
that the former ordered the same cook
ed for the inmates was denied by boti
Nh Jones and me. laundTes8; that sucl
an order should have been given ~ a
ViepOsterous as 1t Is untrue. Butcher
who sold the meat testified it wa
fresh. Cheaper cuts of meats, whlcl
were suitable for boiling were bought
A single instance cannot be cited wner
Mr.. Jones obtained choice cuts for him
self The testimony shows that mea
for his table was cooked In the sam
kettle as that used for the Inmates
| Dr. Mayo had eaten these and testihe
that tho food served was plain bu
/ good and whole come.
40 ELEMENT or PERJURY.
Defendant admitted Intentionally al
leging that plaintiff had committe
wnful perjury In that he svore TO
sum OF money due him duriug his va
/. cation Tho testimony discloses IN
fact that the employees NJ tho iudrm
arv are allowed "a vacation OF ~ day
, every year, ana that eight hours con
/. s,ltute a days work. Mr Jones "a no
furnished deputy, his services wer
I mdipcnNblc and Ne was requested 2
. | continue work during his vacation II
[, rendered n thiri OF a months service
for "a hfth NJ ~ months salary and Ia
: was Obliged to DO this ON peril NJ dis
| mlssal from Office, other employ
g gave up their vacation. worked ON IN
7 same basis aud Sworc 10 similar claim
, for extra services. II is not pcrlur
\ to swear 10 claims believed 60 be iustl