The sun., 1906-01-26
CALLS DEUEL. CORRUPT JUDGE.
SHEPARD SUNS UP FOR Defence
IN "TOWN TOPICS" CASE.
Jerome for the Prosecution Asks Robert j.
Collier if lie Knew That President
Roosevelt Consented to Appear in
"Fads'-d1eveland's Letter Produced.

manly ana pubic serVlce-a SERVICE that
he was bound to perform as an editor
when he attacked Justice Joseph NJ. Deuel.
of Special Sessions in Golfers Weekly for
his connection with Topn Topics was the
pith Of Edward NJ. Shepard's argument to
the jury yesterday in the Hagpood libel
trial. In speech that lasted two hours
and half Mr.. Shepard contended that the
alleged libel was not only excusable but
justified He pictured Justice deuel. in a
Jekyll-Hyde role, performing the duties Ut
a Justice and the functions of an editor OF a
-vile paper" at the same timea violator
of the law, a corrupt Judge, sharing in the
blackmail profits of Torn Topics, of which
"the ma ster craftsmen Of blacknail' was
Col William D. Mann,
Mr. Hapgood will know to-day what the
jury thinks of his piece. after District At
torney jerome has summed UP and Justice
Fitzgerald in the Supreme Court, Criminal
Branch, has delivered his charge He was
a witness yesterday and said he had written
Just what he meant to write. Robert j.
Collier testified that the first instigation to
getting after Toun Topics was a "vile'
article in Col Manns paper about Miss
Alice Roosevelt. Mr.. Collier said that
both I've and his father were ready to take
lull IbI lIle dIllCIt uobiNo
Deuel. says libeled him. incidentally Mr..
Hapgood said, amid good deal of laughter.
that Mr.. Jerome, who is prosecuting him.
inspired good dea of the article, nasmuch
as they had talked over the matter and
concurred in their opinion of To,pn Topics
and Col Mann. Mr.. jerome himself
dragged this out Of Mr.. Hapgood
The last bits of testimony brought out
h.o b,t pro.;lapt Rnnaayalt Grnyar
Cleveland and Bishop Potter were on the
-Fads and Fancies" free list, in that they
got copies of the book without paying
81 500. Col Mann identified proof sheet Of
the article about President Roosevelt.
which, he swore, had been corrected by
William Loeb, Jr., the Presidents secretary.
He also said he had evidence to show that
there was authorization for the Use of
President Roosevelt's name and the article
about him. but he was not asked to produce
it. This letter from Mr.. Cleveland was
read:
] received some time ago copy of thu
work entitled "Fads and Fancies' and pub.
lished under your supervision: and l desirs
to thank you most sincerely for the same
Its beautiful workmanship. as well as the in
terest of its contents, constitute WorR Whlch
in my opinion is worthy of place in the
libraries Of all those who are fond OF the
best illustr ration of the printers and book
makers art. | certainly deem myself for-
tunate in the possession of the book.
As soon as the morning. session opened
Mr.. Collier was called, He said that he
read the article about Miss Roosevelt, which.
he said, was the vest thing that could
be printed" He took it to Mr.. Hapgood.
who wrote an article about that degraded
PAPER" meaning Toun Topics, but not
using the name. Mr. Collier read the article
in proof and put in the name of Toun Top
les He said he expected to be subjected
to abuse and ridcue AS a result but hs
didn't care. and his father approved.
That was in 1900 Nothing appeared about
To,rn Topics after that until the arrest OF
Charles +. Able. Then Mr. Hapgood wrote
the article saying that it was n disgracs
for a Judge to be connected with Tour,
Topics, sheet that printed scandal about
persons who We're not too cowardly to pay.
Nj. Collier had been abroad, but he heartily
agreed with the sentiment
$50 you take the full responsibility for
that article?" said James W, Osborne,
Il do" said the witness.
"Your father does, too?'
"He does"
MT jerome REFERRED 10 lne luct lHt5
Torn Topics had printed pleasant and un-
pleasant paragraphs about Mr. Collier
but Mr.. Collier didn't seem to think that
anything printed about a man in Tora
Topics could be pleasant.
Articles were printed said Mr.. jerome.
that if they had been communicated to
you orally would have been physically
resented?"
NJ
More than possibly; you wouldn't havs
stood for it minute" said Mr.. Jerom,
stenly.
Collier.
You understood this alleged libol to
mean that Toun Topics was "A paper that
if you didn't put up you got it, and if you
did put up you didn't get it 2"
Il did" said Mr.. Collier.
Were you aware that Miss Roosevelts
father was in 'Fads and Fancies by his
own CONSENT"
"And through his secretary furnished
photograph of lim-elf;'
Il was not
And don't you know that the original
proof was corrected hy Col Mann and sub.
mitted to the President?"
Il didn't know il AT the time that the
article was written"
Mr.. Collier wasI aware that Mr.. Cleve-
land was in the book by hi> own consent,
or that anybody had been hlackmailed for
the book
Mr.. Hapgood was then called. II believe
you are the defendant" said his counsel,
Mr.. Shepard, but | am not quite sure"
Il am" said MIR. Hdpyood meekly
Mr.. Hapgood said tact whatever informa-
ton he had when he wrote the deuel. article
was derived from the newspapers and
conference with Mr.. Jerome One of the
newspaper articles was an editorial article
in THE Sun on Justice Deuel. Mr. Shepard
read that to the jury, MIR. lIapgood said
he didn't know Col Mann or Justice Deuel.
and he had no malice against either of
them.
Now isn't it a fact said Mr. Jerome,
that what you wrote was based partly on
what had been published in the newspapers
and what had been conveyed to you by me
personality"
4,