The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-01-26
HapgOOd Tssti;S in the Town
Topics Case
JUDGE OEUL ALSO TESTIFIES
Says That all Letters About Fads and
Fancies We're Written Before
He Became Court
Justice.

ifS bNS0Hc 1NhIA
Justice.
New York. January 25-The last stage
of the trial of Norman Hapgood, editor
of Golfers Weekly charged with crimi-
nal libel in the publication of paragraph
commenting upon city Magistrate Deurs
connection with Town Topncs was
reached today when taking of testimony
was ended and Edward H. Shepard Of
counsel for the accused editor made the
| opening argument for the defense At
the conclusion of Mr.. shepard's address
10 the jury. in which he declared that
everything stated in the paragraph in
Golfers was true. and in which he COM
mented severely upon the character Of
Town Topics as publication an ADJOURN
ment was taken until tomorrow, when
District Attorney Jerome was to sum up
for the prosecution
Several witnesses were examined dur
ing the early hours of todays session.
The striking feature Of the testimony
given was by Mr. Hapgood himself when
he took the stand In his own behalf and
declared that which he had written about
Town Topics was based upon information
furnished TO him by District Attorney
Jerome himself
Mr.. Jerome here caused some merrment
by his statement that 1t seemed after all
he was the writer Of the article involved
! In the trial.
| 10 ftstta In, tod
Mr.. Hapgood.
Mrs. Moore Makes Statement.
When the proceedings We're opened to-
day n statement was put into the court
record IN behalf of Mrs. Clement C.
Moore T.. NJ. Shepard, counsel for the
defense said that Charles S. Wayne for
merly managing editor of Town Topics
had testified that Col. ". d. Mann, the
editor OF that publication, told him that
| he had written to Mrs. Moore for photo
graphs and autographs of society people,
and that she had refused to furnish them.
Mrs Moore's statement was as follows;
1T is absolutely untrue that Mrs Moore
was a contributor to Town Topics Colonel
Il Mann sent to her and wrote to her for
autographs of various prominent society
people for Fads and Fancies, but she
refused to give them Her husband re-
fused to become a subscriber to Fads
and Fancies, and summarily dismissed the
visitor that called on him.
Collier on the Stand.
Robert j. Collier, manager and pub
Usher of Golfers Weekly, the first
witness. To Mr.. Shepard he said: In
October, 1904, copy Of Town Topics was
delivered at my home, and / saw In 1t
an article referring to Miss Alice Roose-
velt, only by her first name. When
! In | Ham
goods attention to thai article and told
him thought 1t was the vilest article
ever printed in any newspaper and sug-
gested that he write something about H.
lie did so in an editorial headed The
Most Degraded Paper in the United
States
"Hapgooe in his article, however, did
not name the paper but when l read the
proof wrote in the name Town Topics
telling Hapgood at the same time that my
action would doubtless involve US In per-
sonal suits. +"
After the arrest of Charles Ahle the
solicitor Mr.. Collier, said Mr.. Hapgood
wrote another editorial and while he was
doing 50, Mr.. Collier told him to say In
| II that IL was a disgrace for any judge TO
| be connected with Town Topics.
Under cross examination by District At
| torney Jerome Mr. Collier said that be-
fore the article about Miss Roosevelt ap-
cles containing unpleasant things about
the witness was published In Town Top
| les Mr. Collier said he was Indifferent TO
what Town Topics said about him. The
meaning of the editorial which the
complaint of libel was based, he said.
was that Town Topics was engaged in
the business Of blackmail "Fads and
Fancies,9 ne said brought that aspect
! of the publication more forcibly TO his
mind
Mr. Jerome asked Mr. Collier II he
knew that President Roosevelt and Gro
yer Cleveland were to be subscribers TO
and have their names in ''Hads and Fan
cies." to which he replied that he did
| not know IL.
Norman Hapeood Called.
| Norman IIapgood was then called to the
stand. Il believe you are the defendant,
although l am not certain said Mr..
| Shepard Mr.. Hapgood admitted it, he
described the circumstances attending the
/ writing OF the editorial on which libel
action was based as related by Mr.. Col
| lier and said he wrote the various arti-
| cIes about Town Topics a public duty.
In reply to questions by District Attor-
| nev Jerome Mr.. Hapgood said he unoer-
| stood the scheme of Town Topics was to
| blackmail He did not think that emil
nent people were dubbed into "Fads and
| FanciesF. Mr. Jerome showed the witness
/
/ ported to relate to the admissibility of
| President Roosevelts name into "Fads
and Fancies," and asked;
,"Do you believe he was forced into the
| book?"
Il believe he was not forced" said
Mr.. Hapgood.
what Induced you to print this edito-
| rial?'
.rThe information given me by the
| district attorney himself was the imme-
/ diate cause but | had knowledge for
number of years of the policy of the pa
| per"
''Then your judgment was based on the
judgment of the district Attorney
Yes"
/ After all. | writing this article
finally said District Attorney Jerome.
yes, in a measure.
"Did you understand that the distin-
| guished ex-Pr-sident, Mr.. Cleveland, gave
| money for the use of his name In Fads
! and Fancies2' asked Mr.. Shepard.
mo. / understood he was tn have
! free copy
Describing his interview with ar.
rome. Mr. Hapgood said;
HE told me that the scheme ought ts
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Continued on Eighth Pags)