The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1907-08-09
out west.

Allowing, for the sake OF argu-
ment, that such young lady had
allowed a young man to seduce her
does it look reasonable that she
would go and blubber to her uncle
(by marriage) about, it as long as
she had not gotten into trouble?
The circular says that she wept
and told her uncle about it.
Let us turn to the court pro-
ceedings in this matter, AS soon
as the state could find enough evi-
dence to connect Mr.. Gray with
the making Of this affidavit, Mr..
Gray was arrested. He waived
examination in justice court.
When the case was called for trial
at the term of court. held at Wash
bnrn last winter, he took change
Of venue and a change of Judge.
The case was taken to Bismarck
and Judge Neeshaw Of Pembina
was called in to sit in the case,
which was called for the May term
of court.
Mr.. T. j. Edwards Of Under
wood, called as witness for the
state. swore that on a certain day
in October, the defendant accom-
panied by one j. b. Sullivan. came
to his place of business and stated
that he wanted to make an aff-
davit.
He then dictated an affidavit, in
substance the same as the circular,
to Mr.. Edwards, who took it down
in long hand and then reduced it
to type-writing. Mr.. Edwards
handed the document to Mr.. Gray
who took it and went out, accom-
panied by Mr.. Sullivan.
Mr.. Casey swore that on the
same day, Mr.. Gray came to his
Office and had a paper notaried,
but that he, Casey, did not know
the contents.
Mr.. Sullivan was then put on
the stand and made to admit that
he went with Mr.. Gray to Ed
wards Office and heard the docu-
ment dictated and that he and Mr.
Gray went directly to Mr.. Casey's
Office where he saw Mr.. Gray sign
a document before Mr.. Casey, but
he swore he did not know whether
or not this was the same document
that Edwards had typewriter.
Upon being questioned he admit
ted that he had heard Mr.. Gray
say that the affidavit he dictated to
Edwards was in regard to Mr.. o.
Olson and Miss Stump. He also
admitted having heard Mr.. Gray
say that he would send it some-
where to be published, but he
swore he did not remember the
name of the firm. Being ques-
toned more closely, he said that
Gray had said he would send it to
the Mclean County Mclean
County - Mclean County 'Mc.
Lean County Independent.
After proving that the circular
had been pretty generally distri-
buted over Mclean county the
state rested it's case.
We might here give little ex-
planation of the mode of proceed
ure in criminal libel case. The
state first produces its evidence to
show that the defendent has been
guilty Of making, or writing or
debating or printing, or circulat-
ing the whole or any part Of any
written or printed matter, which
would expose the plaintiff to
ridicule or hatred, or tend to de-
prive him of public confidence, and
social intercourse.
The defendant can then take the
stand that he has not had a hand in
the making or circulating the libel
or he can admit having done so
and justify himself by proving the
matter in the alleged libel to be
true. Il it can be proven true, he is
not guilty Of libel.
No attempt whatever was made
to prove the matter circulated
about Olson ia ha trna When the