The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-02-09


liams, Junior member of the Williams
printing firm tio would not deny hav-
ing convcrsed with Burke, and said he
had told him. I'VE were paid for II
like any other job." He knew that
The pamphlet was attacking Saunders
at times.
Judge Ingram then instructed the
jury nj length, the courts instructions
being printed in full in this issue. He
held that the printers and publishers
of such a periodical are equally liable.
The most essential clause in the In
structions was that which says that
there being no plea flied nor proof
offered by the defendants that the
charges sued on arc true, the jury
must conclude that the charges are
untrue and the articles not being
privileged matter, the publication was
an unlawful act. for which the de-
f PENDANTS must answer in damages, the
amoun, to be determined by the jury,
Leakc Opens Argument.
Promptly at o'clock the argument
OF the case was opened by David beake
for the prosecution, who briefly re-
viewed the grounds of the suit. he
held that there was something more
at stake than the mere damages the
plaintiff might recover, or even the
vindication of his individual char
acter. but that a minimum verdict
would constitute license to the de-
PENDANT to continue his defamatory
publications, involving the peace and
good order OF the community. since.
according to the attorney. some day
some citizen will be forced to take
the law into his own hands.
He discussed the lazy of libel and
the courts instructions at some length,
1T fo,. at. "a mi hiS
clients feelings. business. reputation
and standing, and also punitive dam
ages as salutary warning to others.
|attackine Yoder's record as one who
claimed to be influenced by high ana
|proper motives. he went on TO quote
| from the evidence TO show malice ana
reckless disregard OF the rights OF
others Eight or nine issues OIL inc
pamphlet we're cited to show what was
termed a systematic scheme to hoei
Saunders.
Who Is Yodcrs
"He has admitted in his pleading
that these statements are les, salo
the attorney, land then he goes on
the stand and swears they are true.
That should show whether he was
working for the public good.
working for the public good. VINO
s
to Judge his motives in coming here?
who paid his expenses and started MIN
in business according to his own evil
dence?
HE SAYS he is here to reform things.
bur admits that he is a jumping jack
and that somebody else is pulling the
string. who is it? A barkeeper who
lost his license. 1t looks funny TO me
when q barkeeper who had just lost
| his license pays money to bring a man
here 10 reform the town. lie had an
IoppoGunity to explain his connection
with Atkinson and he didn't do II. II
calls for an explanation. Has the man
hack of Yoder reformed? Apparently
he still wants to sell whiskeS. 10Y ne
has gotten another license, with
yoder's aid. What Is Yodcr's business?
lis he a Journalist engaged In dissent
Mating news? Or is he man VINO re-
tails libe!s on street corners ut cents
a copy: who sells regulations for a
song9 He has told you that 1t pays
him. and his printers say it paid them. =
Mr.. Leake closed with an analysis
of the testimony introduced 10 prove
the character OF Saunders In the COM
munity, citing the opinions OF Jane;
" Boyd. James f. Gordon, 1ah'es
Pace and others.
Meredith Speaks fOr DcieHHS.
Mr.. Meredith opened his arsumen
for the defense. admitting that unde
the instructions of the court, to "hic
he extepted for purposes OF appear. IN
Jury must find a verdict for the plain
tiff. il being only question Q
amount. His appeal was for nomina
damages only, saving that this wa
hardly a suit for compensation; tina
Saunders had before had worse thing
said about him in papers of larger cir
culstion.
"IIe says he dropped the charge 0
William l.. Royall.' continued MI
Meredith. "because the cenatorial pri
mary race was over. Now ask yol
aurymen wasn't this suit really
brought for the purpose of breakine
Up this publication? We believe that
this matter criticizing Saunders was
privileged. His Honor has ruled other
wise, and so far as this court is con-
the character of Mr.. >.Yode.H When
find one man undoubtedly the partner
OF the policy king and that is un-
doubtedly the meanest kind of GAM
bling in the world. and the other man
associating with ministers who svm-
pathize with his efforts for clean city,
then prefer the latter man. II am
not undertaking to say that everything
Mr. Yoder says Is right. No man
stands so high as to be above criti-
clsm In official position"
Says M Damage Was Done.
Mr. Meredith then went into a dis
cussion of the evidence to slow that
The publication had not, in fact dam.
aged the character of Mr. Saunders
and that on testimony of his own wit.
nesses. as many as one-third of the
people of his own ward alread!
thought his influence in politics wa:
evil. He reiterated the evidence o
Carlton Mccarthy John Garland Pol
lard and William L. Royal that Saun
ders's reputation as a political leade
was bad.
Five years aro a minority of thre
members Of the grand jury made mos
sweeping charges against him as
man who had schemed until he ha
well night accomplished his nefariou
ends If he IS so ir+rr>ad now by TIL
publication. why wasn't he injured b
Royals speeches in the Capitol Square
Tie says tho senatorial contest wa
over and the fight was dropped,
that was his reputation Eve years as
where is the reputation that was s
bs- ~