Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-09-24


published upon a privileged occasion.
to prove malice and there is an entire
lack of evidence that Governor Carroll
was actuated by malice in the publica-
ton.
Fourth-The article on its face as
charged in the indictment in the light
of the circum stances shown in this
case is not libelous. The article set out
in the indictment does not charge that
Cownie is guilty of serious charges as
fact, but simply charges that the de-
fendant as governor OF Iowa has in his
possession affidavits which, If true. are
serious charges and therefore 1t Is not
an assertion Of any matters OF fact
which constitute libel in law.
Fifth: The article as set out in the
indictment merely charges that the
governor is informed by a communica-
ton from one member Of the board
that certain purchases of articles or
supplies were made without estimates
and details as coming from said mem
Der the method of purchasing supplies,
and the governor, in the article, after
setting out the facts upon which he
bases his opinion states as a mere
opinion that such acts constitute vio
lation Of the law and such article hav-
ing stated the facts as disclosed to him
is but an expression of opinion which
can not be made the basis of libel.
Sixth: The facts set out in the in
dictment do not under the law consti-
tute a crime.
The seventh section of the motion
in substance, was that the governor
had accused John Cownie of making
illegal purchases for the board of con-
troll. and that the evidence proved this
truth.
A Blow to Defense.
The whole case has been tried thus
far. on the part of the defense on the
theory that it would be shot all to
pieces by the technical objections and
motions which the defense could ralse
and that thus the case would never
reach the jury nor receive considera-
ton on the merits of the alleged libel.
All the cross-questioning as well as ar
guments led up to this end.
1t is more than q good guess that
the court will never stand for permit
ting the defendant to crawl out thru
this small hole.
The corner stone of the motion to
take the case from the jury was the
theory that all this trouble grew out
of something which Governor Carroll
did in the line of his official duty, that
he was privileged to state what he had
done because what he had done was
as an official, and that the records
to which he referred were records of
official proceedings which he perform
ed as part OF his duty as governor.
Undertaking Not Official Duty.
"B. F. Carroll had not a shadow Of
right or duty" said Attorney w. l.
,ccfyo fc nh n
case, Ito rake and scrape among the
dregs of humanity, to engage in this
undertaking for information. and to
use the product of his undertaking to
coerce and intinidate any official or to
force by means Of threats Of defama-
ton Of character and thus to blacknnali
the chairman Of the board of control
into resignation of his office. 1t was
no part Of the duty Of Carroll as gov
ernor % ask or to suggest a resigna-
ton He had no right to demand a
resignation. What he did in that con-
nection was in nowise official but was
performed as a private citizen or as
an individual and was purely per-
sonal matter between him and Mr..
Cownie. Mr.. Carroll was neither act
ing in the line of his duty nor his
rights.
Now we do not complain" contin-
ued the attorney, because of this
undertaking on the part Of the gov
ernor. He had right to go any place
or among any class Of people and Sc
cure any kind of evidence he desired to
suit his purpose. But we do complain
of the use he made of it. The law pro-
vides that he may. VIXEN the legislat-
ure is not in session. suspend a mem
Der of the board Of control until the
senate can meet and act. He had a
perfect right. under the law, to Sc
cure the affidavits from inmates OF
the institution at Mitchellville, and II
he had used them as the basis OF an
official order suspending the chairman
'of the board Of control from office. IT
would then have been his duty to sub
NIT his evidence to the state senate
with information as to what he had
done. That is the course contemplated
by law.
Cownie Not the Aesressor.
"It IA also contended that 1t has been
shown that the defendant was acting
In defense of himself and that Mr..
cownie was the one who commenced
the controversy. But according to the
evidence here Mr.. Carroll had been en-
gagged long time in securing TINS mass
of evidence which he used Tor the pur-
pose of coercing from Mr.. Cownie
resignation Then he sent out ana
called in editors Of newspapers and
politicians and showed them what ne
had been able to secure. They were
not by law made the advisers or the
governor in this matter. That is spec1-
ffcally the province Of the state senate.
The governor started this controversy.
He took the Initiative, and it was MI.
Cownie on the defensive.
"It was also contended," said the at
torney, that the governor did not utter
any libel against Cownie. The fact is
that he did convey, and intended to
convey, to the editors and politicians to
whom he submitted the matter the IDEA
that Mr. Cownie, who had lived an
honored life all his years In Iowa, hao
so abused his own manhood and the
confidence of the people who had en-
trusted to him the care of their unfort-
unate wards, that he had been guilty
of gross immortality toward some OF the
persons under his care. No man ought
to be willing to escape responsibility
on the theory that he did not intend to
say anything against the character OF
the man.
HarroII Ia Scored