The Montgomery advertiser., 1906-01-24
HAD LIST OF
 4'IMMUNES' Many Were Not Criti- cised by Town Topics. HAPGO0D TRIAL PROGRESSES Editor Who is Charged With
 Criminal Libel. Commodore Gerry and James T. Bur den Were Asked to Subscribe to .Fads and Fancies,. But Re-
 fused To Do so.
 
HAPGooD TRIAL PROGRESSES

USM w FNAG fANN~Nse@ " As-"@~~-
 .Fads and Fancles," But Re-
 fused To Do So.
 New York. Jan. 23.-The trial oi Norman Hapgood, Editor of Golfers Weekly, charged with criminal libel by Justice M. Dueli, a city magistrate as a result of the publication of a para graph concerning the latters connect ion with Town Topics, is nearing an end. After the examination of CoiW D. Mann, Editor of Town Topics, was concluded this morning. the defense in- troduced a number of witnesses and upon adjournment this afternoon coun- sel for Mir. Hapgood announced that they would probably finish their case tomorrow.
 The trial was followed today with the same interest that has been mani Tested since the hearing was begun. Fashionably attired women were again conspicuous among theose in the court room.
 The witnesses introduced by the de- fense included Comodore Elbridge T. Gerry, who testified as to Justice DeulI's efforts to induse him to sub scribe to ;.'Fads and Fancies." Commo- dore Gerry said he found that Town Topics was interested in "Fads and Fancies" and that he refused to sub scribe to the work. {
 Mann's Trenchant Pen. ~
 Mir. Burden said that when he was approached he was told that Colonel Man wielded a trenchant pen. This, however, did not induce him to sub scribe.
 Colonel Mann. Editor of Town Topics, was recalled when the trial yves resunl- cd
 A copy of Town Topics issued in 1899. was shown the witness who de- nied that Abraham II. Hummel. the lawyer. had consulted him about an un- pleasant paragraph in that issue of the paper. :. Y ..es@ .--ss,
 Colonel Mann then told of the be. ginning of his connection with Town Topics and how W. K. vanderbiie came to be 8 stockholder of the paper. Col pne1 Mann said: Tn 1878 I was con nected with the Pullman Ger Company. When the crisis 18ne ln Wall street, or ! might say the conspiracy, I found myself suddenly changed from being q nliliionaire to owning not a dollar and being Slee.ooD in debt At this time II became interested in Town Topics and went to w K. wander bilt and asked him for loan T think he gave mo about $25.000. told Mir Vanderbilt that I wished to get out of debt and wanted him to help me. He, told me that what I owed him I need not worry about. I sent to MT. and told him needed more money and I asked him to take some Town Topic stock as collateral SC. curity. Later he returned my notes and the stock and said he did not care to loan me any more money. but he said he hoped would get on.'
 Morgan and Mann.
 Asking as to how he became to be sIfficiently well acquainted with J. P. Morgan to borrow $2,50O from him without security, Colonel Mann said:
 T met and knew his father I think know him well enough to ask him."
 VIII you tell the jury" said District Attorney Jerome, what reason there was for Thomas F. Ryan to lend you $10.0O0g'
 well. that was three or four years ago. As I remember, MT. Whitney inc troduced me to MT. Ryan. He said l was friend of his. He said MT. Mann is a gentleman and an honest man and any time you can do anything for him or lend him any money I want you to do it.'"
 T did not zee MT. Ryan again for some time. When I asked him to lend me the money and offered shares as collateral Mir. Ryan said he would take the matter under consideration. Next I think called on MT. Ryan and he said: I don't want the shares but l will lend you the S10,000. Give me your note and l will give you the 
 Clarence Jones. the witness said. loaned him S10.ooO.
 Colonel Mann was then questioned by Attorney James W. Osborne. counsel for Mir. Hapgood's defense.
 DO you remember that scandalous paragraphs were written about E. c. Jones?"
 T do not"
 The Pleasant Paragraph.
 After you got the $10,000 did you write pleasant paragraphs?"
 Possibly then and possibly before; why should I not?"
 Why. of course ,after you got the said MT. Osborne.
 Colonel Mann when questioned about a story written by Edwin Lefevre and entitled The Great Revenge" said he did not remember the story but the ti- tie sounded familiar to him.
 Don't you remember speaking to J. z . f NAS' . "'' "SSNN '' NNSN +Nfs OS- borne
 T do not"
 The story was about two great n- naneiers.
 'T don't remember" said Colonel Mann.
 Colonel Mann left the witness stand, at this point.
 Edwin J. Workman. a reporter, was the next witness. He said Justice Deull told him that he (Deull)) was the cen sor of Town Topics. The witness said that the justice also said that when Colonel Mann was away he (DeulD was the editor-in-chief and that at all times he was consulted by Colonel Mann.
 The Duties of DeueI.
 Judge Deuel" continued the wit ness. gave me to understand that he passed upon the legal aspect of things appearing in Town Topics. He gave me to understand that his connection with The Smart Set was even closer than with Town Topics"
 The next witness. was Robert 4. Irv- Ing. editor of The New Yorker, who Is under arrest on a charge of libel brought against him in connection with q story in his own paper. He was by Mir. Shepard. of counsel for the defense. MT. Irving said that he had been solicitor for Pads and Fancies. He received Is per cent. of III the orders secured by him. He gave ,. list of persons who refused to sub seFibe among them Andrew Carnegie,