The Barre daily times. (Barre, Vt.) 1897-1959, 1909-06-10
DEWEY LOST
LIBEL SUIT
The Jury Settled It in Only
IS Minutes
----~---
HAD SUED FOR S76,OOO,OOO
Members Of Good Government Club in
Boston, Claiming That He Had
Been LibeIed in Election
Literature.
HAD SUED FOR S76,OOO,OOO

Boston June 10.-It took only thirty.
five minutes for the jury yesterday to
decide the case brought by Judge Henry
S. Dewey against the leading members
Of the Good Government association.
The case was given 10 them in q rather
unusual manner with five questions to
decide, and on each OF the first four the
answer was for the defendants. The
fifth Dewey sued for depended on those
which had gone before
Judge Dewey was given twenty days
In which to file exceptions.
Earlier in the day, the court oyerruled
motion of Attorney McCennen for
the defense that the court direct YER
dict for the defendants and named five
questions which he thought the jury
should decide.
Soon after court opened. Attorney Nc
Clennen addressed The court on his mo-
ton for nearly half an hour, saying that
there were certain questions Of law in
the case which the court should decide,
and not the jury. He declared that there
was no evidence that any Of the Ian.
guage In the second count ever had ex'
stenee.
@The Good Government association
was possessed Of the privilege Of deny
ing the charge and was under the duty
Of protecting the good name Of the assoc
ciafion,H the lawyer declared He also
said it was the duty Of the court to
decide whether there was a privileged
occasion. He said II man makes a
false statement concerning another when
be does not speak under a privileged
occasion, he is responsible; but il there
is a privileged occasion the burden is
on the plaintiff to show malice.
Mr.. McClennen said the evidence of
the defendants showed no malice; that
if that evidence be disbelieyed the case
IS absolutely barren Of evidence. He
said that all he had said applied also
to the third and fourth counts. The
statements are ia substance that Judge
Dewey has asserted that signatures
were obtained hy trickery and fraud and
that the statements by Mr.. Dewey are
false. The lawyer said II was beyond
dispute that the signatures were not
obtained BY agents Of the G. G. A., and
that none had been obtained by trick
cry and fraud
Can you permit a jury to decide that
signatures were obtained BY trickery or
fraud, when not particle Of evidence
was presented to that effect :" asked the
attorney. BE said there was no evidence
that the words Of Mr.. Billings in these
counts had been in any way authorized
By the defendants. In the sixth and
seventh counts the attorney said there
was no evidence that the matter com
planned of had ever appeared in certain
Boston papers, and that there was no
evidence Of malice Furthermore, that
the plaintiffs own evidence tends to
show that the statements there made
were true.
che has offered no evidence that he
has the slightest foundation for the
charges he made" the lawyer declared
'aThe rules Of the supreme court do
still prevail, notwithstanding some Of
the utteFanees made here.R
Attorney MeClennen said that when q
man becomes a candidate for a public
Office he invites comments on his fitness
To receive votes, and that If those com
ments are made in good faith he cannot
complain If they are unwarranted as be
knows tile facts
AT the conclusion Of the argument,
Judge Sherman said that he had eonsid-
erred the matter over night, and that it
had seemed to him best to submit GER
tain issues to the jury He declared
that 1t would be more satisfactory to
the plaintiff. and he hoped 10 all con-
cerned Judge Sherman said he was
aware that count is the only one that
charges libel.
I'VE have spent a week on the case
and IL does seem that, as / have conf
dence in the good Judgment of the jury
/ can safely submit the issues" Judge
Sherman said.
Judge sherman said that be had not
drawn THE questions for the jury, but
he would have them read something like
this:
mo WAS the charge made by the
plaintiff that certain names were Sc
cured By trickery and fraud, trueY
mo. 2-Was Edmund Billings, at the
time Of making the publications in the
second, third and fourth counts, acting
as an agent of the defendants, or with
their knowledge OF APPROVAL
mo 3-Were the publications made
or authorized by the defendants, as APP
pears IN several counts, a reasonable or
iustiiable answer to the several speeches
Of the Plaintiff
mo. 4--Were the defendants, in max
ing or authorizing the publications, act
imp III good faith or without malice?'
Judge Sherman explained that Judge
Dewey claimed he was very seriously
ia rsved--driven TO the wall "The de-
fenda Its say: We have not done a
thing; we have treated you like a gen
tleman; If you have been damaged you
have damaged yourself and so | think
the jury should decide that question in
about this way:
Has The plaintiff suffered any dam
age attributable directly to these publ
cations; If so, how much2"
Attorney McClennen took en- excep-
tion to the decision to submit the ques-
tions to the jury, and began bis argu
ment at about eleven o'clock, expecting
to finish III an hour.
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