Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1910-09-27
JUDGE HOWE ovERRULEs MO-
TON OF DEFENSE ASKING Dl.
REcTED VERDICT IN COVER
NoR'S LIBEL TRIAL.
COURT OUTLINES
HIS INSTRUCTIONS
SAYS HE WILL INSTRUCT JURY
THAT GOVERNOR MADE SELF
LIABLE If HE WENT BEYOND
BOUNDS OF SELF DEFENSE.

Des Moines, Sept. 24.-(Special. y
Judge Howe this morning overrnlef
the motion OF attorneys for Governor
I Carroll to take the libel case from
the jury and instruct virdict OF mo-
guilty, and announce his intention o.
submitting the case to the jury, botf
as to the law and the fact. He denied
the claim OF the defendant as to the
privileged character of the com
munlcation and stated that under al
circumstances he would not be justi
lied in saying that there was no ques
ton to be submitted to the jury. In re
gard to what he would do in instruct
Ing the jury. Judge Howe said:
The Jury will be told Of the con-
stitudonal and statutory provisions re.
latinR to criminal libel, and the law in
relation thereto will be fully ex.
pounded as is usual in cases Of this
character.
''The Jury will be told that II the
truth of the statement <or statements
contained in the article upon which
the indictment Is based is established,
nc would constitute defense to such
statements and no conviction could be
predicated thereon.
THAT the defendant as governor
possessed, the legal right to determine
the manner Of the discharge Of his
ohdcial duties and that his Official acts
are privileged and cannot be made the
basis OF criminal prosecution for
libel.
That the general rule IS to self
defense obtains insofar as 1t Is APP
plicable TO the statement Issued by
The defendant and that when Cover
nor Carroll's character was attacked
I'M the open letter Of Mr.. Cownie, he
had a right to defend himself, similar
to the right he would have had to
defend his person had that been at
tackled.
..That SO long as his act consisted
only Of self defense he is not amen
able to the law of libel, and can be
held for libel in this case only in the
event he exceeded his legal rights
and himself became the agressor by
maliciously Mbeling the complainant
q charged IN the indictment.
saThe jury will be told further that
By q constitutional provision, the peo-
pie have reserved to themselves the
right, speaking through jury, to deal
with the matter Of criminal libel.
@That this is not with a view OF
Furnishing the innocent but in order
to give the jury greater latitude to
say whether the accused should be
punished or whether in view of the
circumstances Of the case, the inter
est OF society will be subserved by
acquittal."
The defense will commence intro
ducing evidence Monday.
The case was put in the hands Of
the court yesterday afternoon through
q motion made by the defense at the
conclusion of the states testimony
Arguments were heard all during the
afternoon session. The court an
nounced at adjournment that the deci-
sion would be made this morning,
The principal issues raised by the
defense were:
That Governor Carroll was priv
legged in publishing the charges against
Cownie.
That the article published by the
governor was not libelous in ITSELF
That no testimony has been intro
duced by the state showing malice on
the part OF the governor.
The main contentious Of the state
are:
That Governor Carroll was privi-
legged In no degree in publishing a
single one Of the. charges against
COwnie.
That his published letter answering
Cownie's statement was libelous
per BE.
That Governor Carroll overstepped
his right and showed malice IN telling
editors and politicians Of the charges
against Cownie, and that he should
have stated the charges only to the
state senate.
That his claim of privilege under
the law is an admission on his part
that he believed the charges made
against Cownie we're untrue.
=
> CHARLTON. :