The Birmingham age-herald., 1906-01-27
Justice DsuI Gets Worst of t
 in Suit for Libel
JEROME IS FULL OF VIGOR
Does Not Disguise His Loathins and Contempt for Some of the Wit nesses In the Town
 Topics Case.

New York. January 26.-An unusually sensational trial came to an end today when jury in the criminal branch of ths supreme court reported that Norman Hap good, editor of Golfers Weekly was not guilty of criminal libel. The case has been on trial several weeks The verdict was rendered ten minutes after the case had been given to the jury
 The charge against MT Hapgood was brought at the instigation of Justice Joseph NJ Deul of the court of special sessions and was based upon an editorial in which the editor criticised Justice Deul for his connection with Town Topics.
 The real interest In the case was dua to the fact that names of scores of per- sons of the highest social and financial standing became involved through the efforts of the defense to prove that the statements contained In the alleged libel were correct. and therefore just. To at tain this end some of the Inner work ings of Town Topics a weekly publlea- ton which eirculates extensively in social circles, were laid bare. It was in this connection and also through testimony concerning a limited edition book which bore the title "Fads and Fancies' that the names of prominent persons became involved
 "Fads and Faneles' was sold to sub scrbers at $l5oO or more per copy.
 Among the witnesses who testified at the trial were Commodore Gerry, O. II. P. Belmont H. 8. Lehr. B. N. Baker of Baltimore Colonel Mann, Justice Deul and Robert J. Collier.
 Jerome Begins His Speech.
 ''I will not attempt to disguise from you the utter loathing and contempt 1 feel for some of the witnesses who have been introduced" said District Attorney Jerome to the jury today in his argument for the prosecution.
 For more than two weeks now we have been wandering through vanity fair. witnessing exhibitions of human weakness and folly, and in some instances of hu- man degradation. IL may be that ought not to be here prosecuting one of tho best friends have got for crime which in my private judgment, I believe he ought to have done and which I might have done in his place. with more heat and more vim than he displayed. The law not to restrict the liberty of the press has provided that if the published article be true and published with justifabla | ends 1t Is a defense. On the ground of ] excuse the prosecution comedies that this l publication was honestly made in be- | lief that 1t was true. If you find that the article was true you have got to acquit
 Now let us the character of this paper" referring to Town Topics. MT. Shepard has told you that Colonel Mann has stated that 1t was the natural evolu- tion of personal journalism. If that IS true. IL ought 10 be applicable to moro than one daily paper in New York whose trend Is that way. There is scarcely morning paper that does not print vile scandals and obscene matters. don't see what interest 1t conserves to publish such stuff. I don't see what interest articles relating to the adultry of this or that person have for you and me
 Is It Other Than Filth?
 Does it serve any useful purpose? Ia it other than filth? It is put there for no other purpose than thought of paying dividends to the stockholders. The aver age newspaper Is run from the counting room standpoint. Many of the advertise ments are but corruption fund to in- duce quiet about this. that the other. This Is not a pleasant statement to make. but If you ask the average newspaper man why certain paper let us on a certain proposition his reply will be- Why didn't you see that ad of so and so?
 These papers haven't yet reached the condition that this vile sheet has reached. am not here to justify Town Topics"
 Justification of the editorial denouncing Justice Deul, MT Jerome said means that Deul was part owner of the paper. censor and revlsor of the proof, and that the paper which he edited in part ex- torts money and prints scandal. It is al- legged that he threatened to make public the family skeletons of society people unless given money
 Violated No Statute.
 The District Attorney asserted that Judge Deul did not violate the statute which forbade him to practice law in court but said Tn my opinion he violat- ed the statute in carrying on business It cannot be said that fin carrying on bus mess he neglected his judicial duties. As justice l will say for him that he con- ducted his judicial duties honestly. fairly and we'll Mir Shepard has admitted that a great jurist did violate the statue but Deul was not drawing a salary of $17.500 year. One rules banking house from the supreme court bench as others have from the bench Growing gray and with his back to the wall Deul violates the city charter in an endeavor to provide for himself in old age He does what a great judge who took a position from trust company did before him. Don't say that he is vampire or blackmailer because he violates the city charter There is not a scintilla of evidence to snow that Justice Deul knew about the borrow ing of thousands of dollars by Colonel Mann.
 There is not a scintilla of evidence to show that l.. Clarence Jones was black mailed He made a loan on collateral If you gentlemen happen to know Thomas F. Ryan, l don't believe that you would think that much progress could be made with him along the lines of blackmail. He has been abused and villified in the pa pers for years and he is not very sensi- tive. He has dealt with commercial guerillas and would not be shaken down by Colonel Mann.
 "'rhis old man has been power in railroad affairs and has been driven to the wall. His money has been taken away from him and he was forced to make 8 living in this way. It is reasonable to suppose that these great financiers had a spot in their heart to man driven to tho wall and it was not very hard for them to give him accommodate
 O. P. Belmont did not say on the wtt- --~---~>~~~---~-~----- -------~~--~----~---~-~
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