The Birmingham age-herald., 1909-01-16
Crowded Courtroom Enjoys Tilt Between the Governor and
 Attorney Grubb
C0MER IS ISATTEMPTING ID
 PROVE ACTUAL DAMAGES
Testifies He Has Suffered Both In Estimation of Society and Fnan- cially Since Publication
 of the Article.

B. Conner vs. Montgomery Advertiser
 Publishing company, suit for alleged
 libel proceeded Judge Charles A. Senn
 is presiding during the trial
 It required the entire morning Session l the pleadngs in the case, although the
 pleadings were begun early Thursday
 morning. Immediately after the luncheon
 hour however the testimony in the case
 was taken up and the trial is now on in
 earnest.
 1 The case of the governor against the Montgomery Advertiser is proving a very interesting one and promises to be one
 of the sharpest legal battles of the present
 term of the city court Governor Conner was the first and only witness introduced by the plaintiff, and
 his examination and cross-examinaton
 were interesting, and caused some amuse-
 ment in the courtroom.
 In answer to Judge Weal1ley, Governor
 Conner testified that he was at present
 governor of the state of Alabama, and resided in Birmingham. He identified a
 copy of the Montgomery Advertiser as one I
 mingham and which contained the al-
 legged libel. He stated that the paper
 came out the day before the election and was circulated all over the state of Ala 1 bama, and that it had the effect of de- privng him of many votes and also of
 making him feel humiliated in the estima- 1 tion of his friends and family, and the citizens generally, and that he further suf- l fered financially as a consequence of the
 publication Governor Conner also said
 that he was not regarded in society as he
 had been previously, and that he felt the
 effect in more ways than he could well | express.
 | The cross-examination was conducted by W. I. Grubb, who commenced by inouiring l about the witness previous commercial
 life from the time he conducted a country
 store until he took up politics. 1T came to
 Birmingham" said the governor, fin 1890
 and went into the milling business, after
 ward into the banking business" | Mr. Grubb: What Is your business
 now, governor?'
 My business now said Governor
 Conner, as he sat up to his full height | in the witness seat and looked straight at | the jury, lis to help my fellow man and
 protect him against high railroad rates
 and all other sorts of expressions and in-
 justice by the railroads" | MT. Grubb: q mean, what is your com
 mon, ordinary business outside of poli- 1 tics?"
 Governor Comer q am president of the 1 Avondale cotton mill" | Mir Grubb You told Mr. Weakley | governor, that you had suffered in the | estimation of society and financially. Just l let us know how much you have suf- l fered? Do you not move in the same l social circle as formerly? | Governor Comer 'I don't know what you mean by society, MT Grubb. I'm not
 q society man in the sense that you under stand it."
 MT Grubb: "Oh, I want to know how l you understand society. You said you felt l yourself somewhat embarrassed in society | since this affidavit was published" l Governor Conner: well, society talks"
 MT Grubb: What does society say.
 governor?'s
 l Governor Conner: 'T don't know; you
 never known what people say behind your | back"
 l MT. Grubb: "well. you say you have
 suffered financially; tell us about that" | GOVernOr COmer. MY paper IS not as l acceptable as 1t used to be-
 MT. Grubb What paper?"
 Governor Conner: My commercial | paper and the Avondale mills paper"
 MT. Grubb: Look at this paper, gov ernor. Is that your signature. Did you not in answer to interrogatory No. 2 answer, I cannot say that have experi- enced any injury financially or otherwise, as a result of this publication? ?'' | Governor Conner: "I did, MT. Grubb: "Well, do you say now you did?"
 | Governor Conner: "I say that have suf- l fered financially but I can't say exactly how much or in what shape.'' MT. Grubb: Did not other papers be- l you at that timer?
 | Governor Conner: 'Yes, they wrote about Jim Dandy meal''
 Plaintiffs counsel objected to all refer | ence to other papers as being irrelevant | to the suit against the Advertiser. De- fendants counsel argued 1t was admis- sible to show what effects other news papers had on the governors financial and social standing. {! Governor Conner stated that he met l Jones Moore a few days after the pub | licaton and said to him, Are you the | affidavit manufacturer" and that Moore said, For Gods sake, Conner. get a
 
 | barn and wear me out" The governor l said that his victory was overwhelming despite the alleged libel and that he was | sure MT. Grubb voted for him. The passage at arms between MT. Grubb and Governor Conner was one of the live l Hest events witnessed in the courts in many years. It was cut and thrust all | through, but with perfect good humor, | which was enjoyed by the crowded court | At the conclusion of Governor Comer's testimony the plaintiff rested his case and MT. Hanson, advertising manager of the Montgomery Advertiser, was called by the defendant. He stated that the manuscript of the article was given to him by the chair man of the Smith campaign club and was paid for at advertising rates that the columns of the paper were open to both candidates and that there was no malice in the publication but that 1t was made in good faith and relying upon the source from which 1t came. The cross-examination of the witness was conducted by Captain White and was Intended to show that the affidavit reflect ed upon the governor to his injury in New York, Chicago and St. Louis. The exam