Los Angeles herald., 1906-01-27
HAPGOOD IS NOT
GUILTY OF LIBEL
WINS ACTION BROUGHT BY
TOWN TOPICS
Names Of Many Persons High in the
Social and Financial World Are
Brought Out In the
Proceedings

By Associated Press.
NEW YORK, Jan. 26.--An unusually
sensational trial came to IN end to-
day when n jury in the criminal
branch Of the supreme court reported
that Norman Hapgood, editor Of Col
lier's Weekly was not guilty Of Crim-
inal libel. The verdict was rendered
ten minutes after the case had been
given TO the jury The charges against
MIR. Hapgood were brought Mt the IN
stigation of Judge Joseph NJ. Deuel.,
OF the court OF special sessions, anu
was based upon an editorial In which
the editor criticised Judge Deuel. for
his connection with Town Topics.
The real interest in the case was
due to the fact that the names of
scores Of persons Of the highest social
and financial standing became IN
voved through the efforts of the de-
Tense to prove that the statements
contained in the alleged libel were cor
rect and therefore justified TO at
tain this end some of the inner work
ings OF Town Topics o weekly publ
cation which is read extensively In
social circles, were laid bare. 1t was
in this connection and through the
testimony concerning a limited edition
book which bore the title "Fads and
ITancIes" that the names OF prominent
people became iuvoivcd. "Fads and
Fances" was sold to subscribers at
$500 or more per copy
81 will not attempt to disguise from
you the utter loathng and contempt
! feel for some of the witnesses whom
7 myself have introduced" declared
District Attorney Jerome today TO the
jury In his argument for the prose-
cution-
FOR more than two weeks we have
been wandering through Vanity
Fair" said Mr.. Jerome, witnessing
exhibitions of human weakness and
folly, and in some instances of human
degradation.
at may be that ] ought not to be
here prosecuting one Of the best
friends I've got for crime which in
my private judgment l believe he
ought to have done and which | 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 il the pub
lished article be true and published
with justifabIe ends. it is a Defense
On the ground of excuse the prosecu-
ton comedies that this publication
was honestly made in belief that 1t
was true. IF you find that the article
was true you have got to acquit.
Nov. let us sec the character of
this paper Geferring to Town Topics).
Mr.. Shepard has told you that Col
Mann has stated that it was the nat
rral evolution of personal journalism.
If that is true it ought to be applica-
bile to more than one daily paper In
New York, whose trend is that way.
There is scarcely n morning paper that
does not print vile scandals and OBJ
scene matter. ] don't see what inter-
est articles relating to the adultery of
this or that person have for you and
me.
Does 1t serve as a useful purpose?
Is it other than filth? 1t is put there
for no other purpose than that of pay
ing dividends to the stockholders. The
average newspaper is run from the
counting room standpoint Many of
the advertisements are but n corrup-
ton fund to induce quiet about this,
that or the other This is not a pleas
ant statement to make, but if you ask
the average newspaper man why a
certain paper let up on II certain prop
osition, he replies: Why, didn't you
see that ad. of so and so?
"These papers have not yet reached
the stage that this vile sheet has
reached. 1 am not here to justify Town
Topics"
1.-THE defendant in this case is an
old-time friend of mine. Only the best
of motives could have actuated him IN
writing these articles, from informa-
ton obtained by talk from me. In Il
measure | was the eXpurgated au-
thor. / talked to him honestly and
told him what | thought of Town
Topics. But he did not violate my con-
iidence- His actions throughout this
whole proceeding have indicated firm
ness of professional honor. He did not
even reveal to his counsel the talks
that he had with me until I suggested
it to him. If people had the courage
10 come into court this scandalous
paper would have been wiped off the
earth long ago.
II think in your deliberations, the
question you will turn on is that of
Justification. and whether Hapgood
wrote the article with good intentions.
The gist of ii will be. was there rea-
sonable ground for arraigning Il judge
as d blackmailer?"
Justice Fitzgerald then charged the
jury
Col Mann, editor of Town Topics.
said that he had nothing to say re-
garding the verdict, but that he had
brought a civil suit against Golfers
AS Mr.. Hapgood left the room, Dis
trict Attorney Jerome, who conducted
the case against him. slapped him on
the shoulder, saying:
my dear old man, L am very much
pleased that it turned out as 1t did"
THEW left the COurt room tOPathar