The sun., 1908-01-15
OCHS AND HEARST MFHE RING
"TIMES" PROPRIETOR WANTS
$1,000 DAMAGES.

The Other Side Replies That IT'S Even
Stephen-''They Charge Us with Buying
People. We Charge Them with Selling
Themselves"-0ne Provisional juror.
suit for $4,000 damages brought by
Adolph s. 0chs. proprietor Of the New
York Times. against William r. Hearst.
Arthur Brisbane and the Star Publishing
Company. al editors and publishers Of the
New York American, was put on trial
yesterday before Justice Oiegerich in
Trial Term. Part XIII, OF the Supreme
Court The publication complained OF de-
clared that Oohs was owned by August
Belmont, banker. politician and raoetrack
proprietor and that all the political anil
ations OF the Times were dictated by Bel
mont. This was published on April Z. 1904.
when Hearst was in the Democratic Presi-
dental nominee race and Alton B. Parker
was supported by the Times
Wallach a Cook, attorneys for Ochs.
have engaged Edward NJ. Shepard as trial
lawyer. and Mrabeau L. Towns appears
in that capacity Tor the defendants,
Though little was done yesterday except
to get one provisional juror and argue a
motion for leave TO amend the answer, II
was made certain that the trial will last
for two weeks or more. and it was also
learned that the Hearst attorneys have
subpnnaed several bankers SONG brokers,
a few editorial writer's and a large number
Of racetrack followers
Mr.. Towns insisted that all the talesmen
be examined and accepted Professionally
or challenged, -as in the Thaw trial"
Mr.. Cook demurred TO any remarks COM
pairing the Ochs suit to the Thaw trial.
bat Mr.. Towns won his point, and each
zod NJ Lam
his knowledge Of tho lawyers and principals
in the suit, his acquaintance with any OF
them or with Max f. Ihmsen. Hearst's
candidate for Sheriff at the last election,
or with Charles r. Miller the editor Of the
Times. Toward the close OF the eKamina-
tion OF Jacob Michaels MIR. Towns asked
him whether he knew what the Legitimate
weapon OF a newspaper was Mlohaels
answered that he did. and then Mr.. Towns
asked him what il was. At this point
Edward NJ. Shepard arose to object on the
ground that such questions were quite
irrelevant, and bordering too close on the
metaphysical and psychological to have
any bearing on the Witness's fitness for
jury duty.
why, that is the very meat OF our case
answered Towns going on to explain that
he wanted to show that the editorial columns
OF a newspaper were its main weapons OF
attack and defence. and that unless the
jury could understand the -atmosphere'
the case before them.
Mr. Shearn for Hearst said that as soon
as the jury was impaneled the defendants
would ask for leave TO amend their answer
by setting up, in mitigation Of damages,
a series OF editorials in the Times. ending
April 1. six days before the Journal editorial,
and dealing with Hearst Mr. Shearn con-
tended that Mr. Towns's questions to the
talesmen were directly in line with this pro-
posed amendment, as showing that the
Hearst papers had merely replied to the
attacks on Hearst bysthe Times.
The talesmen were then dismissed and
Justice Giegerich listened to a long argl-
ment on the motion TO amend.
The only question here" said Mr.. Shep-
ard, SIS whether or not, as Mr.. Hearst has
said or his papers have printed. Ochs is
the dishonest publisher OF a venal sheet.
owned and controlled by a dishonest and
venal banker, Belmont. The Times's re-
Elections on Mr.. Hearst as a public man
have no bearing on that issue and cannot
be pleaded In mitigation OF such at attack"
Mr.. Shearn replied by reading some Of
the Times editorials in which il was charged
that Hearst was a sterile agitatOr' who
had tapped a barrel to get a nomination,
and that his followers swere either fools,
knaves, calamity bowling Populists or
purchased supporters
-The whole thing" said Mr.. Towns. "re-
solves itself into a bitter newpaper con-
troversy, and our editorial, Of which Mr..
Ochs ia so ashamed. was merely a scientific
way 81 saying You're another The
Times had been a persistent maligner OF
Hearst. and in this article. over which |
thought my friend Cook here was going
to cry
Il wasn't going at all. replied Mr.. Cook.
flushing.
well, thought your voice trembled.'
retorted Towns, but IL IL didn't, why. you
won't have any bucket to collect your tears
you won't need any bucket replied
Mr.: Cook. as the court room resounded
with a laugh, and he added: We want the
Court to understand that we intend to
conduct this trial on legitimate lines without
any grand stand playing
Maybe you'll need all your dignity be-
fore you're through Towns answered.
we decided 20 have at them one blow was
plenty. As soon as Ochs was gored he
raised a hulk baloo about being hurt and
sought the protection OF the courts He
said in fact, My editorials are all right.
but yours mustn't be printed thus violat-
ing all established principles OF newspaper
ethics. When it's all over hope these two
editors will have sense enough 70 shake
hands and make up"
Messrs. Shepard and Cook again argued
that there was no newspaper controversy
at issue; that the whole suit turned on
Piled:
They charge US with buying people:
We charge them with selling themselves.
can't see any material difference, and our
only attack on 0chs was in mis- public ca
pacity a. a newspaper owner.
Justice Giegerich said he would be in
clined to grant the motion TO amend. as he
thought there was sufficient indication Of a
newspaper controversy. but that he would
reserve decision overnight and look into
Che authorities meanwhile.
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