New-York tribune., 1908-01-16
OPEN OCHS LIBEL SUIT
Laryers Choose Eight Provisional
Jurors 4mid SdlIies.

Eight provisional Jurors were in their seats at
the adjournment Of the ochs- -Hearst-Brisnane
libel suit before Judge Giege-ich in the Supreme
Court yesterday But the fact that there are eight
men in the jury box does not signify that they
were chosen without plenty OF squabbliHg among
the attorneys for both sides, with assortment or
repartee that Justice Giegerich obliged TO put
an end by remarking somewhat YEARLY Please
recall that this is a trial and not farce
Adolph 8 Ochs and The New York Times are
suing William R Hearst, Arthur Brisbane and
the star Publishing Company. publishing the
New York American for 100000 as result OF an
alleged nbellous article printed in the Hearst
na apers on April : 1904 which bore the title "M-.
August Belmont and His Tame Ochs" When the
case was opened yesterday morning MTaDeau L.
Towns who is associated with Clarence ! Shearn
in the defence asked for permission TO amend MS
pleadinss by introducing editorials which had ap-
reared in The Times" criticising MI Hearst, SO
as TO mitigate the damages The question was
argued at great length, and when II was oeeloeo
in favor of the defendants Edward NJ. Shepafu.
for the plaintiffs requested that the trial be matted
while he appealed 10 the Appellate Division on
the point But his application was denied
When It came time 10 examine the third tales
man. John J Smith, Mi. Towns began 10 Teao a
quotation from Pope which headed the alleged
lihellous article But MY Cooh' S'is " ~
plaintiff, objected.
Why, your honor, protested MI Towns. waving
the editorial II am only handling this htue eve
lamb with the greatest tenderness ana see no"
my fr1eno ..N Att.
.sTt'u be 4 sheep before we get through with TINS
trial INTERRUPTED Mr. Cook, and we clip H. 100.
well there's an in the case, and we 'hlhk
.be-aU he a niece OF tenderloin for us, replied
Mr.. Towns.
II was then that Justice Giegertch remarked
PLEASE recall that this is trial, not farce
As he examined each talesmar, Mr. Towns as
covered new questions TO ask tnern ana as ne
waxed eloquent at time Mr. COOK broke IN
with: This is not campaign meefing-rs
court OF law. -,
VIII YOU refrain for a moment, Mr. Towns
said the cour-
That's prettr hard put IN Mr.. Shepard saF4ng
his head sadly.
we object to nominating speeches IN court
OF law" said Mr. Cook
This is not politics" returned M Towns. fierce
lv Tt is the issue OF patriotism against CONNER
cialisrr. and any remarks that may limp from my
tongue
The remainder OF his address was drowned py
an outburst Of laughter and when II hao SUD
sided Mr. Towns had also The jurors selected SO
far are: John Harms, hotel keeper at Duane street
and Park Row. living at No 1903 Prospect avenue
The Bronx: Jacob Michales insurance man.
No . West l27th street; John j Smith clerk NO
757 West 103d street: Edward 2. B!ackford sales
man No. SIT West 1S5th street; Martin + "aro'
medicines No 1l2 West 18TH street; Henry Berko-
WITT painter, No. 107 East 18th street; Irvon D.
seevers president. No. 2O9 West 106th street ana
Edward BronsveId. retired ice cream manu1act-
| urer, No. 252 West 18th street.