New-York tribune., 1906-10-22

OF Decenber q 1897 according the papers in the
SUIT subsequently brought.
MI Hayden brought suit against the Morning
Journal Association, the only corporation he knew
about, charging libel because of that story claim
ing $4,000 damages. Wilbur F. Tredweu was his
attorney, and Horace Graves appeared as counsel
when the case was argued in the Supreme Court,
Kings County He had TO prove his case through
hostile witnesses, and didn't succeed very we'll.
The witnesses didn't know anything about the
Morning Journal Association, its proprietor Mr..
E~arst's connection with the paper or papers.
much about anything apparently. A few extracts
from the minutes Of this trial. in which Einstein
Townsend and Arthur Guiterman appeared for
The Journal" follow:
William R. Fairfield, being called as a witness
on behalf OF the plaintiff and duly sworn, testdes
as follows
Q.-where do you live? An New York City
o.~what is your business? A-Prtvate secre-
-o-Private secretary of whom? A-winiam p
o-You are not the secretary of the Morning
Q.-Are you acquainted with the Morning Journal
Association? NO. sir ,...,--
sir; do not do not know that there is such
Q.-Do You know that there is such an asso-
DID you The Evening Journal?
supposed Mr. Hearst was the publisher Of #.
BY Mr.. Guiterman:
A
supposition.
Examination of Edward E Marriott. as a witness
for the plaintiff
Mr. Marriott swore that he the city editor Of
THE Evening Journal and had been since its first
publication. about two years before He then
asked:
o.-who publishes The Evening Journal? Al
o@Who employs yog? A.. Al was .aTp employed by
Journal"
y9T kF8T hG 6eRaP heard ne e M0TPag shnb a
association until day in this courtroom
Mr. Marriott then told about his duties city
editor and how he assigned reporters to get the
news In an effort again TO get AT the ownership
of The Journal Mr- Marriott was asked
o-From whom do you receive your salary as an
editor? A-From a cashier ,.uo-u
0-What is his name? Al do not know.
After some further questions concerning the artt-
Gle upon which the libel suit based. counsel for
the plaintiff asked Mr.. Marriott:
o-whom do you say publishes The Evening
CThe iea1 Court-He does not know. he says
By plaintiffs attorney; y.,,.. IT.. r,.,.- 7o,,-
Q.Does MI Hearst publish 5r ne eesr6 Evsnns Jour
o-Do you know who is president Sf the Morn
ing JouTa, ,o S 9nd t1ldax Al never heard OF such
az The 'Courtj-If you have not subppnaed the
nroneT person and are not able prove your cases
viii allow you 10 withdraw juror
Il. object to withdraw juror
(The Court1-EIaye they got the wrong defendant?
M cSIItterTnan-They have. will give them the
name Of the president or secretary of the proper
Morning Journal Association here, and they can
Se dismissed The Morning Journal Association
and the Evening Journal Association are entirely
Sirerent Corporations. Tney have sued the wrong
party entirely
Plaintiffs attorney then stated THAI he had
,nrtber proof of publication. and MT Gutter
mans motion the complaint was dismissed MI
C;uiterrnan asked for extra allowance. which the
gtye
The costs sl24 80, were charged TO Mr.. Hayden
He was penniless According to the legal custom
.b. costs were then charged TO the Journal Asso-
c,at,on which paid them, and judgment
,.snsd N that concern against Mr.. Hayden. Dep