The Montgomery advertiser., 1906-01-26
WAS BACKED
 BY MIR. JEROME District Attorney Inspir- cd Collier Editorial. MR. SHEPARD SUMS UP Delivers Fearful Excoriation of
 Deuel and Mann. An Index of Lust and Lechery, He De- cIares, is Kept in Town Topics
 once to Bleed the
R. SHEPARD SUNS UP


 New York. Jan. 25.--The last stage of the trial of Norman Hapgood, edi- tor of Golfers Weekly. charged with criminal libel in the publication of paragraph commenting upon City Mag istrate DeuePs connection with Town Topics. was reached today when the taking of the testimony was ended and Edward H. Shepard of counsel for the accused editor. made the opening ar gument for the defense. At the con- clusion of Mir. Shepard's address to the jury, in which he. declared chat every thing stated in the paragraph stated in Golfers was true, and in which hs 1 commented severely upon the characts of Town Topics as publication. ar adjournment was taken until tomorrow when District Attorney Jerome was to sum up for the prosecution.
 Several witnesses were examined du ing the early hours of today's sessiof The striking feature of the tcstimoA was given by Mir. Hapgood htuls when he took the stand in his behalf and declared that which he written about Town Topics was baseu upon Information furnished to him by l District Attorney Jerome hinlseif. Mir. Jerome here reused some nler- 1 rlment by his statement that 1t seemed after all he was the writer Of the arr | tiele involved in the trial.
 "That is true in & mtasure. assented Mr. Hapgood.
 When the proceedings were opened again today m the trial of Hapgood. l of Golfers Weekly, on a charge or a statement was put into the court record in behalf of Mrs. Clement c. Moore. IT. M. Shepard, counsel for the defense. said that Charles g. Wayne, Iormerls managing editor of Town Topics, had l testified that Colonel w D. Mann, tho editor of that publication told him thaE he had written to Mrs. Moore Tor photographs and autographs of society people, and that she had refused to 1 furnish them.
 Mrs. Moore.s statement was as
 Tt is absolutely. untrue that Moore was a contributor to Topics. Colonel Mann sem to her wrote for autographs of var prominent society people for 'FadP Fancies," but she refused to ft them Her husband refused become a subscriber to Fad Fancies," and summarify dismis visitor that called on him..
 Article On Miss Roosevelt.
 Robert J. Collier, manager and pub fisher of Golfers Weekly, was the first witness. To Mir. shephard ne said: Tn october. 1904. copy of Town Topics was delivered at my home and I saw in 1t an article re- ferring to Miss Alice Roosevelt, only by her first name. When l went down to the office I called Hapgood's atten- ton to that article and told him thought it was the vilest article ever printed In any newspaper and suggest ed that he write something about it. He did so in an editorial headed The Most Degraded Paper in the United States"
 ''HapEood in his article, however. did not name the paper. but when [ read the proof I wrote in the name Town Topics, telling Hapgood at ths | same time that my action would doubt less involve us in personal abuse" After the arrest of Charles Ahle. the solicitor. MT. Collier said Mir Hap good wrote another editorial, and while he was doing so MT. Collier told him 10 say in 1t that it was a disgrace for any judge toS be connected with Town Topics.
 Criticism of Collier. Under cross examination by District Attorney Jerome. Mir. Collier said that before the article about Miss Roosevelt appeared in Town Topics, series of j articles containing unpleasant things about the witness was published in Town Topics Mir. Collier said he waS indifferent 10 what Town Topics said | about ,Gui Chc- meaning of the edtto- rial on which tAc complaint Fas based, he said, was that Town Topics was engaged in the business Of olackmaii. "Fads and Fancies," he said, brought 
 cibly to his mind. "
 Mir Jerome asked MT. Collier if h0 knew that President Roosevelt and Gro- yer Cleveland were to be subscribers to and have their names in ''FNads and Fancies" to which he replied that he did not know 1t.
 Norman Hapgood was then called to the stand.
 .I believe you are the defendant. al- though I am not certain said Mp l Shepard.
 MT. Hapgood admitted 1t. He de- soribed the circumstances attending the writing of the editorial on which the | libel action was based as related by MT. Collier, and said he wrote the va- rious articles about Town Topics as a l public duty
 scheme Was to BIackmaiI
 In reply to questions by District Att torney Jerome, MT. Hapgood said he understood the scheme of Town Topics was to blac kmail. He did not think that eminent people were clubbed into ''Fads and Fancies.' MT. Jerome show ed the witness letter which he did not read but purported to relate to the admissihiIity of President Roosevelts name into Pads and Fancies," and asked:
 DO you believe that he was forced l into tho bookT'
 '.G believe he was not forced" said I' "What induced you to print this cd- ftorial9'
 The Information given me by the l District Attorney himself was the lm- mediate cause but had the lknowledge for n number of years of the policy
 "Then your judgment was based on +h,. judgment of the District Attorney?'
 "Yes" ...s
 After all. am writing this article finally" said District Attorney Jerome.
 "Yes. in a measure"
 'Did you understand that the dis tinguished ex-President, MT. Cleveland gave money for the use of his name in | ''Fads and Fancies?' asked Mir. Shep- ] ard
 NO understood he was to have a free copy"