Omaha daily bee., 1910-09-24
CARROLL WANTS A VERDICT
Attorneys Move to Have Court
Instruct Jury in His Favor.
CLAIM LETTER WAS PRIVILEGED
Farther Assertion Made Governor
merely Gave His Opinion Upon
Facts DIsclosed---NOt Libel
Gus of Itself.
CFrom . staft Correspondent.)

(From staff Correspondent
DIES MONIES. Ia, Sept 2S.-(special Tel
egram. THE defense came TO its turn In
the Carroll libel case today when the state
unexpectedly rested. The defense imme-
diately moved to have the jury instructed
to return a verdict for the defendant and
the afternoon was spent in argument
Attorney Parker gave the following six
reasons why the verdict should be direct
one for the defense:
Insufficient evidence had been intro
duced to warrant a verdict Of guilty.
that It was published in reply to an at
tack by CoWnie upon the character and
official cond1tct OF the governor n and md that
That the article was published on priv
LEGGED occasion and that no evidence had
been introduced to show malice on the
That the article is not libelous, inasmuch
as the governor did not assert that Cownie
That the governor merely stated as his
opinion that the facts as disclosed to him
se OF syRRss ~ be a
and that this Etatement cannot be made
ment do not under the law constitute a
crime
The Judge announced he would rule on
the motion tomorrow morning.
The greatest stress OF the argument was
in relation to the letter Of the governor
being privileged because It was in a mat
ter which was in line OF his duty and be-
cause 1t was in response to an attack
which Cownie had started.
The state introduced the testimony
chiefly as to what the governor said to
various persons about the case and to show
that he was telling about it to many per
sons
ReOpeRs Estate of Minister.
The supreme court today listened to an
I extended argument for the reopening of the
celebrated Daniel Francis case, involving
an estate of $4,000 given to the Des Moines
Methodist Episcopal conference to aid in
maintaining home for superannuated min
listers. Some time ago the court decided
that Rev. Mr.. Francis was not unduly in
fIuenced in the matter Of making this gift
This decision which reversed the decision
of Judge McHenry of the district court, de-
prived the aged and invalid widow of Mr.
Francis OF all property which would other
wise have come TO her, and her friends
have insisted upon asking the court to re-
hear the case. The argument for reopening
was made by A A. Mclaughlin.
want to Get More Cars.
The State Railway Commission has
been asked by the people Of O'Brien/copnty
to aid in compelling the Milwaukee rail-
road to give better service for grain hand
ling at the towns of Max and Dion, on
either side Of Hartley. The dealers at these
two small towns insist that they are grossly
Disseminated against and the company re-
fuses to furnish cars as freely as 1t does at
Hartley the rival trading point.
Appointed a County Attorney.
One of the attorneys attending supreme
court today Is II. A. Brown of Forest City,
who has Just been appointed by the Board
OF Supervisors to be county attorney Of
Winnebago county. He was named to sue
coed G, II. Belsheim, who died recently
The republican county committee met today
| to place a candidate in the field for the
succession and both Mr.. Brown and Mr.
Jensen are candidates.
New lows Corporations.
| Corporation filings; Oxford Siverware
| Co., Des Moines, $4,000; Hotel Julien Co,
Dubuque renewal, $4,000; Cooperative Gar
ment Co., Des Moines, $4,000; star Engrav-
/ ing and Printing Co., Des Moines, increase
to $4,000; Flynn Dairy company Des
! Moines, increase TO 100000.
! InfantiIe Paralysis.
Additional cases Of infantlle paralysis
were reported TO the state board today
from Gladbrook, Chester, Forest City, Ida
county, Rock Valley and Kingsley. The
State board of health is convinced that
the physicians have become more prompt in
making these reports and that from this
time on practically all viii be reported and
made known, .....
bryan and Iowa Platform.
General James b. Weaver In an inter-
view here is quoted as approving heartily
of the action taken by William J. Bryan
in Nebraska in refusing to stand on the
platform of his party In regard TO the liquor
question. He, also declared that when
Bryan speaks in Iowa he Will not approve
the Iowa democratic platform, but will
confine himself to speaking for the cand-
date for. governor, Claude Porter. Both
Bryan and Weaver are great personal adj
mirefs OF Porter, and the latter Is under
stood not TO approve of the platform OF
his party on that subject. He has avoided