The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1907-01-04
ANSWER TO CRIMINAL LIBEL
EDITOR LaFouette Asrested on thu
Above Charge on Complaint
hu Ina Kirby
by Joe Kirby.

w. IL. OlietuG, GQAlot VI AohS
Mitchell Gazette, was placed under
arrest Thursday OF 4 warrant
sworn Ito by Joe Kirby, OF Sioux
Falls. charging him With criminal
libel.
In the Gazette of last week Mr..
LaFollette took occasion to make
some comment on the arrest of j. a.
Ross. editor OF the 500 Critic, who
criticised Kirby for his alleged neg
ligence in the Kaufman case. Mr..
LaFollette's remarks were ia sup
port, more or less, of Ross criticism,
and Kirby took offense at the COM
mentS of the Mitchell editor, and he
to have satisfaction in some
way for iniuIing his professional rep
utation. 1t car be said in passing
that after Ross was arrested on the
charge of criminal libel, that the
following week Mrs. Ross, who had
charge OF the paper, published an
article on The subject. ''Who is Joe
Kirby?n and then reviewed some Of
his past history, and she was also
arrested at the instigation Of Kirby.
This makes three criminal libel
suits that Kirby now has to look
after.
Wednesday evening Deputy Sheriff
Hurst came owe from Sioux Falls
with the warrant for the arrest of
Mr.. LaFollette, and called at his
house about IL O'Clock. They talked
the situation over, and Hurst wanted
the editor to go over on the early
morning Milwaukee. MI. LaFollette
informed the deputy that he was in
no particular hurry to go over there
and that he proposed to have his
rights under the law
1t was necessary for Hurst to have
his warrant endorsed by local a JUS
tice of the peace, and after that the
defendant can give bail and there
the matter ends until the circuit
court session. Hurst insisted that
Mr.. LaFollette had committed a
felony, while the law says that a
criminal libel is merely a misde-
meanur, and for this otfeDse the
defendant cannot be taken from the
county to another for a preliminary
examination.
MIR. LaFollette was expecting the
arrival of the officer and had looked
up his rights before he got to Mitch
ell and was prepared to resist any
attempt at overriding Of a mans
rights. Mr.. LaFollette informed
the deputy that he might as we'll go
back to his hotel. get a good nights
rest and that he would meet him at
judge H%erbert's office in the morn.
Ing, where he could have his war;
rant properly endorsed by the justice
and proceed in the case in a regular
way.
BEFORE getting around to the jus.
tees office the deputy telephoned
to Kirby aud Informed him Of the
obstinate attitude OF MIR. LaFollette
and wanted to know what to do.
Kirby told the deputy to bring La
Toilette to Sioux Falls by all means,
1T being the evident desire to put
Mr.. LaFollette to all the trouble and
worry possible.
MI. LaFollette aud his attorney,
HI. E. Hitchcock. appeared in jus
tice Herbelt's court this morning at.
9 O'clork, and Deputy Hurst was
presenb. On presenting his warrant
1t was endorsed by the justice and
WIS then served on Mr.. LaFollet.e.
His bond was fixed at $500. which
was signed by VIM. NJ. Smith, and
j. L. Morrow.
Mr.. LaFcllette was then released
and he will be r quiIed to appear at
the April term OF circuit court i'm
Sioux Falls to answer to the charge
preferred against him. DOUBTLESS
from the surrounding circumstances
1T would have pleased Joe Kirby to