The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1907-09-11
BROWN HEARS
LIBEL CASE
District Court Finds 5. D. Crump
Innocent of Jurich's
Charges.
DEFENSE SHOWED NO MALICE
The Court Clarifies Atmosphere BY
EXOnerating Eddy And
Zurich.


Zurich.
The libel case in which Attorney
Zurich was prosecuting witness and
Attorney S. ID. Crump defendant was
tried yesterday, being finished early
this morning when Judge Brown the
presiding judge, rendered his decis-
ion acquitting the defendant of the
charge. The case was commenced at
O'Clock yesterday afternoon and
was not finished until / O'Clock this
morning. 1t developed into what
might be termed double trial, Attor-
ney Jurich and District Attorney Ed
dy being indirectly subjected to allie
cations that they had been partners
and had worked jointly in criminal
matters. The court in his decision
stated that the evidence did not in
any way prove that the two attorneys
were in partnership.
Zurich As Prosecutor.
''If it will please the court, said
Mr.. Eddy, 81 will state that | am
indirectly interested in this case and
being so and understanding that Mr..
Zurich desires to handle his own
case | will ask under the statute that
| be permitted to withdraw and that
Mr.. Zurich prosecute the action.
The court granted the district at
torneys request and asked Mr..
Crump whether he was aware of the
nature of the charges.
II understand Them" replied Mr..
Crump, "and waive all technicali-
ties
Mr.. Jurich then submitted the
newspaper containing the statement
written by Judge Crump and which
Zurich alleges was libelous.
Does the defendant refuse to ad-
nit that he intended me as the per-
son referred to in the statement ~
asked Zurich,
I'VE don't understand that it is
our place to admit anything further
than what is in the paper and that
it was obtained from Mr.. Crump,'
said Attorney Coleman.
Asked to Dismiss Case.
"Of course, if the article doesn t
refer to me then | ask that the case
be dismissed and I'll take proper
steps before the grand jury" said
Mr.. Zurich.
Judge Crump arose from his seat
and addressing Judge Brown, said:
I'll state to the court, that |
meant Mr. Zurich and nobody else.
| want him put or. the stand and tell
how he knows these statements /
have made are false. For that pur-
pose I'll admit | had reference to
him.
''Then | understand that the ar
ticle means me " said Zurich.
He then introduced the article in
the newspapers as evidence, after
which he said
I'VE submit, your honor, that the
burden of proof is on the defendant -
Attorney Coleman took the posi-
ton that the burden of proof was
on the prosecution as he must show
the charges are false and that they
were made with malice on the | art
of the defendant.
The point was argued by both
sides and the court said:
Il overrule the objection and hold
that the state has made a prima facie
case
This left it with the defense to
produce the burden of proof. and Mr..
Crump was sworn and took the stand.
He was questioned by Attorney Cole
man and was asked to give his state
ment concerning the writing of the
statement, alleged to be libelous.
81 dictated the statement to a stem
ographer, he said, 1.-The origin of
which that is a copy, and filed it my
self with Judge Bush, who was the
oic handed
newspapermen carbon copy.
II made that statement as men,
ber of the bar, lawyer, because |
believed it to be my duty to do so.
preliminary to that | had been
conversing with several and learned
that the case seemed to be that Mr..
Eddy and Mr.. Zurich had been work
ing together. I asked Mr., Eddy
whether Mr. Jurich was with him in
the case and he said No 1t was
evident to me, however, that they
were.
"That day | dictated to my steno-
grapher this statement. The infor-
nation was given me-
81 object to his manner of testify
ing" said Mr. Jurich. "He knows
the rules of evidence and should act
accordingly
Defcnse's Position.
"Your honor, do you desire to hear
our position?" asked Coleman.
The court replied in the affirma-
tive and the lawyer said:
Our effort is to show the rela-
tions existing between the district
attorney and Mr.. Jurich as stated in
this paper If he had information
that such conditions existed then we
say it is proper to show there was
no malice on his part. 1t also goes
to give his reason why he declined
to act as witness in that case. We
have the right to show all informa-
ton that led Mr.. Crump to conclude
that a silent partnership did exist
between Mr.. Zurich and Mr.. Eddy.
Suppose we show, as we car
show, that peace officers made state
ments that such combination die
exist?'
Il will continue where l left off, ,
said Mr.. Crump. rirst, to all out
side appearances it looked as though