Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-09-21
STATE N NEW IACK
N CARROLL Case
MOVE MADE TO HEAD OFF JUSTi-
FIcATloN PLEA OF
DEFENSE.
CARROLL CIRCULATED STORIES
BEFORE ATTACKED sY coWNlE
State subpoenaes Witnesses to Show
That Carroll and His Friends Sent
Accusations Broadcast Prior to Pub
Iication Of Cownie's Vigorous Reply
Taking of Evidence Commenced.
Times-Republican.


Des Moines, Sept. 21.-A compare
tively new tack taken by the state III
the matter of the trial OF Mr.. CarfoAi
for libel indicates that possibly 'ie
technical defense which it has been
evident for some time would be relied
upon by the defense will nave some
hard shedding. AS pointed out soihe
two weeks ago In this correspondence
the almost sole defense IS to be that
Of the privileged character OF the COM
munication, or justification in view Oh
the political campaign. This would
avoid meeting the real issue as TO the
truth or faisity Of the stories given
circulation as TO the conduct of the
chairman of the board of control.
But today the state subpoenaed
Senator James "A Smitn. OF Mitchell
county; Senator Frank l.. Maytag. OF
Jasper county, and others. Writs were
also sent out for Mrs. Carnes, OF Mar
shalltown, and Miss Jessie Laubacher.
of Medapolis. Among others VINO
have been asked to give testimony are
B. Murphy, Ninton; w. {. hayward,
secretary of state; Henry Wallace. ).
w. Jarnagin and others.
The defense in the case will under
take to show that tho Carroll attack,
as published in his newspaper organ
followed as q reply to an attack by Mr.
CoWnie, and therefore was Justified
and that it would never have been cir
culated but for this article by MT.
Cownie.
The state. however. is evidently pre-
L., ~ OF q
matter of fact the matter was given
wide circulation prior to the publica-
ton of the matter in the evening paper.
The fact Is that the stories We're given
into the hands of a great many per-
sons and were in fact circulated and
made use Of by the governors friends
long before the publication OF either
the Carroll or the Cownie letter.
The evident purpose Of having called
as witnesses number of persons who
knew personally of the circulation and
publication of the slanderous stories
prior to the publication in the evening
paper is said TO be that the defense will
be headed off in the contemplated
technical defense of justification.
1t is probable that both of the state
senator's named were shown the alleged
affidavits and evidence against Mr..
COWnle long DelOTe Ille llIIle oL tIlc tt-
mand for his resignation. At any rate
their evidence, as we'll as that of some
others, can have little bearing on the
case except as it will show the manner
of circulation Of the stories complained
Of.
Satisfied With Jury.
The jury to determine the guilt of
Governor Carroll consists of the fol-
lowing:
William Cady, city employe.
Frank Kuble, real estate
Dean Hast, Rising Sun, farmer.
James Hufford, living near McDivit
school house, retired.
S. J. Cope, real estate.
A. j. F'riel, Camp Township, farmer.
p c. Sentency. u retired merchant.
p r. Smith, life insurance.
c. +. Olsen. cabinet maker.
jefferson Stoner, retired mason.
r. Goldman. grocer.
Charles Ivory, stone cutter.
Only three of the jurors live outside
the city Both sides states that they
are entirely satisfied with the jury and
except a fair hearing on the merits of
the case.
Plea Of No Malice.
The trial of Governor Carroll enerted
upon the testimony taking stage early
today. The jury was selected very
soon after the proceedings commenced
in court, the defense waving its third
peremptory challenge and accepting
the jury as fair one. The attorneys
for the state and the defense mada
their statements, County Attorney
Guthrie for the state declaring that
there was but one question In the case,
that of the circulation by the governor
of libelous statements about Mr. Cow
ME. and A. C. Parker. for the defense,
Indicating that they would show that
there was no malice In what tho COVER
nor had done.
ker, that Carroll was moved to dis
close the contents of the papers he had
by his sense of duty to the public and
not for tho purpose of injuring Cow
ME"
The alleged libelous article was in
troduced in the case and read to the
jury, also the article by Cownie de-
Tending himself sfrom the attack
which has been made upon him. W. c.
Jarnagin, of the Capital. was called to
give testimony as to the authenticity
of the letter containing the libel The
state has thus far merely contented it
self with n show Of the well-knowii
facts in the case as to what the libel
was and how 1T came to be published.
WAR VETERANS PARADE