Weekly Arizona journal-miner. [volume] (Prescott, Ariz.) 1903-1908, 1907-12-18

I 81 Nyle. attorney, Tor the Jourh'i
N.u.r.u tlc Dusdalc ease were 50 OK
,.,ol.y .loqucu, and lucid in their
rr....u,lous ot lh" facts adduccd 10y
OH. evidence. tlat they are published
for .., Dcuch' of the many vino did
n,t ta,c tbc opportunity to hear them
Tb, ,>.ori,tiou OF Dusdalc 10y clark
oas uuc al the most scorchlng ever NJ
t.r.I AZ the local bar and it was cvi-
dent that 10 made a profound impress
SION upon the Jury IN Mr. Hammond =
address ho declared tnat his client had
never robbed a person of a cent and he
dramatically exclaimed. IF you fail
'o give the plaintiff a verdict you
thereby brand him a. scoundrel, u
swindlcr and thief" aud that is
evidently what the jury believed him
to be-. according TO its verdict.
Attorney vyne's Argument.
Gentlemen, the journal. Miner pre-.
SCENTS two distinct dcicuccs IN this ease.
one is that an article prcdicated upon
procedure in open court is privileged,
and that the journal Miner had "A right
10 presume that all decisions, orders,
reports of auditors and plcadings in
the ease were true; and IN printing a
fair report of judicial proceeding the
defendants have not made themselves
| liable in an action of libel on the part
of Dinsdalo.
Newspapers have this right in com
mon with all citizens. The court may
make nm error in Judgment, a jury may
render a verdict contrary TO law and
evidence, an auditor may make mis-.
take in his report after an invcstig1.
ton of the affairs of a company; but
unless newspaper or citizen. printing
report of such a proceeding, knows
that il is untrue and prints it malici
ously. they are not liable IN damages.
For this reason the plaintiff must snow
/ that the Journal Miner knew that
Woods report was not true when they
printed the article; but they neither
attack the truth of Woods report or
attempted TO show any such knowledge
ON the part of the journal Miner; for
this reason they have failed to make
out such a ease as would cntitlc them
to recover.
KS second defence the defendants
have entered the plea of justification.
that is, that the article appearing in
the journal Miner, and Of which Dins.
dale complains, is true, and that all
comments and criticisms contained in
the article are justified by Woods re.
port and the history of Dinsdale =
transactions as president of the Little
Brother Gold Mining company.
In the short time allotted 10 me I
can take You over only u small part of
these transactions.
You will remember from tb.a cv;.
dence that Dnsdale pretended to hold
meeting OF the board of directors in
Iron Springs, sixteen days before the
articles OF incorporation were filed and
pefore there was such a corporation IA
the Little Brother Gold Mining com.
pany.
anyone can obtain the necessary
stock books, account books. etc used
ny a corporation from any publishing
mousse IN the country. DinsdaIe oh.
tanned them and Immediately issueJ
'oo'ooo shares of the company To him.
SELF, without any consideration what.
ever made Barr a present of one.boif
o' ~ ana then he and Barr pretended
10 donate 10000 shares each IN IN.
company AS treasury stock To be sold
for development purposes. According
10 the minutes Of the company. this
STOCK was so divided sixteen davs ~.
fore the company filed their articles ~
incorporation, and before receiving
'heir certificate from the Tcrr;,or;,,
secretary.
Dihsoaie seemed to have had tina
'uea That promoter of "A corporat;on
owned the stock of the companv n. On
'hird person and all transactions In.
tween nm and the company must be
!" inc utmost good faith and for f,u
value lie has no more right to annro.
pirate the capital stock of the com.
pahy without giving the companv fun
Vaiue IN return for it than no has %
take 1t from any individual Som.
time after he had appropriated Tho
Stock' he must have discovered TIM,
the STOCK came to him before thu oo,,
pany mad legal exissance. for Won
w'i' notice in this stock certiac.,.
book, that his certificate is pumho,oa
o. As these certificates are numbered
:" succession, he evidently sold fftv
I'M