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

I lOINt IL II uuu'INlboi, NinIis b''hho'
it WAS supper time. Judge Sloan was
notified that verdict had been
reached and he sent word that ne
would receive il at o'clock. The jury
sealed its verdict and then went TO
supper. At the appointed time the
| court assembled and after the roll call
of the jury the court asked IL the jury
| had arrived at verdict. "Wc have
your honor" replied Jay Wallace, the
foreman, as he stepped out of the jury
box and handed the fateful document
to the court. Judge Sloan glanced at
it and handed il TO Clerk Watts, who
read thcrcfrom these words: ave,
the jury, find the issues in thi. ease in
favor of the defendants.
| The jury was then dismissed, and as
each member filed out Of the room, Edi-
tor Mines shook his hand and thanked
him.
"You don't need to thank u.s." said
one Of the jurors in passing. "We
ought to thank you" "Tnose are nv
sentiments exclaimed another juror.
And thus ended the $4,000 libel
suit against the Journal. Miner and it's
editor.
In this connection the Journal Miner
deems IL but proper to make public
acknowledgment OF its appreciation
Of the able services of its attorneys,
T.. :. Clark and n. A. Vyne. Both had
laborcd arduously in collecting the
evidence and rarely has ease been
presented at the bar of the district
court in such a thorough and convilc
ing manner. The speech of Mr.. Clark
before the jury was mastery effors
and was commented upon as being the
best made in his career here. II was
dramatic, intense in its sincerity AMI
eurnestness, and at times witty when
he alluded humorously to the plaintiff =
connection with "the patent vibra.
tor which Dinsdale had claimed in
mis- circulars would cure everything
from indigestion to change of life and
insomnia. Mr. Vyne proved himself q
lawyer of the first rank by his logical
array of the facts produced by the cvi.
dence, and by his intelligent prescnta.
ton OF the same to the jury. He
showed clearly the iniquities of the
transactions appearing in the stock
books with reference to Dinsdalc's jug.
glery of the same.
In justice to Attorney Hammond
who represented the plaintiff, il should
be noted that he made valiant fight
for his client, and considering the
hopeless character of the case he repre-.
sentcd, made an excellent showing.
Morning Session.
When court convened in the morn.
ing, the plaintiff introduced as evi.
dence the report Of Homer X. Woods,
who was appointed auditor to examine
the books Of the Little Brother Gold
Mining company in the ease Of Carl
Theis vs.. the company, who swore that
no had been defrauded, ms a stock.
holder, of $4,000 by Dinsdalc and his
associates. The complaint in this Same
came was also introduced and than
Dinsdale resumed the witness stand.
A prospectus of the Thumb Butte
Mining company was handed TO him
and he admitted having written IL.
Therein was a paragraph which said
that Dinsdalc was an eminent doctor
and lawyer. Another prospectus was
handed to him and ne admitted being
its author.
"Did you send out these circulars
throughout the country!"
~ may have"
"Did you not send some to a young
lady in OhioH"
81 may have"
"Did you not propose marriage to
this young lady and represent yourself
az a wealthy manf".
~ may havc.'
"Had you ever seen this young
ladyp"
~ don't know"
"Did you not send her poetry of an
am0rous naturef'
~ don't know. l may nave"
Are you connected with the Dins
dale Vibrator company"
eyes, ! am the patentee."
Attorney Clark then introduced the
circular regarding the vibrator In evi.
dence, plaintiffs objection being over
ruled, his attorney remarking; "Thc
first thing we know you will be intro
ducing McGufey's Fifth Reader in
evidence
"Perhaps We may rctorted Clark,
" because Dinsdale may have had some.
40, 10, A