The Birmingham age-herald., 1906-01-26


 called the whole duties with extreme vgor and expressed the belief that most of these ten got their information from Town Topics. He said he believed at strik- ing at the root, at the very fountain head of the whole matter We were of one belief and accord on the subject"
 At this point counsel for the defense rested their case. District Attorney Je- rome then recalled Colonel Mann, who gave his version of his interview with Bernard " Baker s& Baltimore. He said:
 Col. Mann Is Recalled.
 "Mr Baker came to my office and spoke to me about the 'Nouveaux riches He said he had noticed in Town Topics advertisements of steamships, railroads, etc, and I told him that we made it a feature. I said no word to him about ask ing him for advertisements, but when leaving, he said he would send his man. ager to insert an advertisement Later, until he came to see me l came to the conclusion that the man must want mo- toriety, for his talk. lie objected to ar ticles printed In Town Topics, but l said that we would not print any more of them. I told him that our editorial de- partment was run in the interest of the public good, that is to say, in the interest
 
 when I was in Baltimore, l called on Mir Baker again. A friend of mine told me that MT Baker was very wealthy man. I needed money at the time and went to MT. Baker and asked him for loan of S50O0 and told him l would give him twenty-five shares of stock in Town Topics. did not use the word reciprocity. There were no unpleasant paragraphs printed about MT. Baker"
 fsNUhat aholf this list of immuneS 2'
 q have no recollection of a list being prepared of such, but before l went to Europe, l had a talk with MT. Wayne, the managing editor, and 1 told him to be very careful about the people he would crlticise while I was away, that l like any other decent man, had a great many personal friends, whom 1 did not wish to offend"
 Colonel Mann said that Burton Harrison wrote the introduction to Pads and Fan cies, 'but that neither Mrs. Clement C.. Moore, Mrs Andrew Simmons nor Harry Lehr ever gave him an item of informa- ton"
 Neither President Roosevelt, nor ex- President Cleveland ever paid any money for the use of their names in Pads and Fancies Bishop Potter, the witness said. was also on the free list.
 District Attorney Jerome at this point read a letter from MT. Cleveland in which he said he had gone over Fads and Fancies, and considered the book to which he had subscribed admirable one. The letter became part of the evil dence.
 How soon after Baker had sold his steamships to the war department for a million dollars, did you go to Bakers of fice?" asked MT. Osborne
 "Two years. I learned from the Sec retary of War in 1898 that Baker had per- formed the patriotic action In turning his steamships over to the government"
 "Then those unpleasant articles against Baker began to appear?' asked MT. Os- borne.
 '"rhere were some items about Mir. Baker published" replied Colonel Mann.
 Judge Deul Recalled.
 Judge Deul being recalled by MT. Je- rome, said he never had the power of eliminating or accepting articles.
 "All your letters about Pads and Fan cies were written before you became jus tice of the court of special sessions?" asked MT. Jerome.
 Everyone" replied Judge Deul as he left the stand.
 This ended the taking of testimony in the case and a recess was announced
 At the afternoon session of court, Ed ward Shepard summed up for the de- fense. He said that technically the parties to the case are the people of the state or New York as complainant and MT. Hap good as defendant, but that no one who attended the session of the court could believe that the real parties are Mir. Hap good and Town Topics and Justice Deul. Hapgood was on trial, he said, for the edi- torial in Golfers of August 5, in which Justice Deul was criticized. If the Jury found that editorial to be true it must a. NP rt,flt for Iof fNer
 'It is the welfare of the state and the decency of the people that are at stake'' said Mir Shepard. "Hapgood believed what he had written. He believed more. He had information from the district at torney; a communication from the district attorney himself along the line of his belief. There Is no question that the dis trict attorney will do his duty. but the question Is one of excuse for my client
 MT. Shepard referred to Justice DeuPs position on Town Topics as a quasi edl- torial writer" While he was sitting on the bench he was carrying on Dr. Jekyl and MT. Hyde business in the offices of Town Topics and the Ess Ess company.
 Was a Corrupt Judge.
 "The business of Town Topics was to print scandal in order to suppress it for the payment of money. In taking this money we say Deul was a corrupt judge. He was a judge beyond doubt and he was corrupt beyond doubt. He was corrupt judge.
 '"rhe polished gentleman who comes to see us for Town Topics does not come after the fashion of a bandit demanding your money or your life, but in the most kindly and suave way he tells you that the boys of the office want to print d story but that they can be bought ofr, said MT. Shepard.
 Town Topics he said lis composed of men bribed to betray condolences Ser wants, valets, and even ministers were made to betray their secrets and conn- dences." MT. Shepard then read the in structions of Colonel Mann, to what he called the sneaks in clubs, In Kitchens, and may be in churches, in which the Colonel pointed out that ridicule was more effective than abuse.
 There is in Town Topics ofhce, saiu MT Shepard, what is called an index, history of leechery, lust, dishonesty beastliness and scandal gathered In the home and elsewhere by agents of the paper for use at moments notice Think of the names of young girls ana rhe scandal there preserved. Why. the oeVll himself might laugh with pleasure as he goes through that treasure-house oi blind paragraphs"
 When MT. Shepard finished his argument the case was adjourned until tomorrow, when District Attorney Jerome VIII sum up for the prosecution.