The Birmingham age-herald., 1909-01-20
CASE WILL GO ID JURY TODAY Yesterday Devoted to Argu- mentS By Attorneys CAPT. WHITE SPEAKS TODAY Several Witnesses Were Introduced Yesterday Morning to Testify to
 the Character of E. A.
 Dickert.
CAPT. WHITE SPEAKS TODAY

In the first division of the city court yesterday before Judge senn and a jury the trial of the libel suit instituted by Gov. B. B. Conner against the Montgom- cry Advertiser was resumed. The plain tiff is claiming damages for an alleged libel contained in an affidavit made by E. A Dickert at the time B. B. Conner was candidate for railroad commissioner and which affidavit was published by the de- fendant
 The testimony yesterday was given by witnesses introduced for the purpose of establishing the good character of the maker of the affidavit and otherwise had no bearing on the case. The arguments to the jury immediately followed and the first speaker was Judge s. D. Weakley.
 MT Weakley devoted considerable time to the law of libel and cited a great many authorities in support of his view that the matter contained in the affidavit was libelous and that it's publication in a newspaper was calculated to reflect upon the integrity of the plaintiff and to cause him to feel humliated in the estimation of his family, has friends and
 
 the public. In his argument to the jury Judge WealIley pictured the position in which the plaintiff had been placed in the estimation of all who read that affidavit and asked the jury to consider how they would feel if such an affidavit had been published with reference to themselves. While the plaintiff might not have been able to show how he was financially in- jured there was no doubt but that he suffered much mental anguish and that the court would instruct them that mental anguish was just as much an element of damages as any other sort of injury
 MT. Grubb replied on the part of the defendant and began by addressing the court on the legal aspect of the case as presented by Judge Weakley He also cited many decisions of the supreme court of Alabama and other states in opposition to Judge Weakley's views and argued that the affidavit came under that class of communications known as privileged" communications and was not published with malice or intention to humiliate the plaintiff, but to inform the voters upon matters they were entitled to know
 Turning to the Judy MT. Grubb said that the affidavit contained two distinct statements, one that MT. Dickert claimed to be cousin of Mir. Conner, and the other that MT. Conner told MT. Diclxert to come to his office for the money. MT. Grubb admitted that the first part of the affidavit was untrue, that MT. Dickert was not a cousin of Mr. Conner, but" said MT. Grubb, 'is that a libel on Mr Conner to be claimed as the cousin of an honest man? I don't think you'll say it is. As to the second part of the affidavit you remember that when MT. Conner and MT. Wilkinson interviewed MT. Dickert at New Castle that MT. Dickert practical ly repeated what was in the affidavit about calling to the office for the money and that MT. Conner stood by and did not contradict him.
 The argument for the defense was re- sumed in the afternoon by A. G. Smith, who introduced considerable humor into it. He reminded the jury that they should remember that this was a suit by B. B. Conner, citizen of the state of Alabama, and that the fact of his being governor cut no figure In that court. He contrasted the social and financial standing of Dick ert and Conner so far as the one was d poor, hardworlSing, illiterate man, but with every indication and mark of truth and honesty In his words and looks, while Governor Conner was a man of wealth, high social and political standing, better dressed and owning plantations and cot ton mills, but in the eyes of the law no more truthful nor honest than the other. MT. Smith reminded the jury that MT. Wilkinson, who said he was a disinter- ested witness at the Newcastle interview, was a minority stockholder in a corpor- ation in which MT. Conner held two-thirds of the stock and consequently was inter- ested since Governor Conner had only to say Jump Billy" and Billy Wilkinson had to jump.
 In concluding his argument MT. Smith told the jury that Captain White would follow him and close for the plaintiff. Captain White" said he, lis @ silver tongued orator, man of very persuasive speech and eloquent appeal, but don't be led away by his oratory or eloquence. Try this case on its facts and not according to Captain Whites silver tongue l am reminded of a story which I will tell you, especially as 1t does not apply at all to Captain White "A farmer had grapes which a fox used to come at night to eat, so the farmer hung bell on the vine. When the fox came and saw the bell he looked at it for time and then gave it a tap with his paw. Clang, went the bell, and the fox ran away, but he soon came back, looked at the grapes, looked at the bell and gave 1t another tap with his paw. Clang, went the bell again and again, the fox ran off but soon returned. Once more he tapped the bell with his paw and sat back on his tail to wait the result, but nothing happened Oh! said the fox:
 "'Great big mouth, great long tongue,
 Terrible noise, no harm done.'"
 After the conclusion of Mir Smiths ad- dress court adjourned until 9:3o o'clock this morning, when Capt. Frank s. White will make the concluding argument for the plaintiff, after which Judge Senn will charge the jury on the law in the case. cred by the police department and the amount of fines and fees collected through the police:
 Stolen Fines
 Property. and Fees January. ....... ..-S 2,349.70 s 2,701. 50 February ... ...... 1,627.72 2,254. 50 March ... ... ... ... 2,747.4Q 2,9lO. .25 April ... ... ...... 2,319.75 271370 May ... .. .... ... 2,339.95 2626 50