The free lance. (Fredericksburg, Va.) 1885-1926, 1911-01-26
wARDtN-TI MBERlAkE CASE
Statement Of Attorneys Testimony Of
Witnesses, Etc.

, Undertake for trespass in the case
! claiming damage Of $40, 900 was tried II
, the Corporation court Thursday
Messrs. c. 0'Conor GooIrick and w.
/, ID. Carter, counsel for Warden. anc
Messrs. st. Geo. X. Fitzhugh and F.W.
, Coleman for Timberlake.
The case grew out Of the famous cir
cular headed Henry Warden Again
Again. Again. which was distributed
in the Lower Ward of this city in the
Councilmanic election Of June, 1910, and
which, it is said, had the opposite effect
from that intended by its author, in
that many claim it made votes for MIR.
Warden. This did not figure, as the
suit is for alleged injury to character,
etc.
Twenty jurymen were empanelled.
Messrs. b. J. Marshall, J. X. Rawlings,
5. w. Someryille, w. S. Chesley, j.
/ W. Adams, Maurice Hirsh, +. A. Solan,
Ernest Layton, John +. Scott, A. T..
Dempsey, +. NJ. Young, j. McCalla
Boulware, w. l.. Brannan, w. H..
Peden, j. T. Brauer, n. c. Decker. H.
b. Lane, w. II. Richards, Jr., r. T..
Bozel and NJ. l.. Latham.
Those who drew blanks were: John
F. Scott, j. McCalla Boulware, W. l..
Brannan and N. c. Decker
Those stricken of-W. S. Chesley,
W. II. Peden, II. b. Lane and r. 4.
Bozel.
Mr.. Carter in opening read the circu-
lar which caused the suit. Mr. Fitzhugh
demurred to said reading as it was not
evidence yet.
The court overruled the objection and
the circular was read. Mr.. c. said it was
distributed by w. II. Undertake on the
night prior to the said election and it
was up to the jury to say to what extent
Mr.. Warden was damaged.
Mr.. titzhugh said think nv
friend Mr.. Warden has been III
advised in bringing this suit and
you will agree with me before we
get through with it. Under the law he
cannot recover damages and do not
believe he wants q dollar of Timber
lake money The circular did not in
lure Mr.. Warden, but it helped him.
When | came out the morning Of the
election the unanimous opinion was,
that Il had made him votes. This un.
wise ut has revived the subject This
suit VAS instituted 10 give il dignity
ana y toriety. Mr.. w. II. Timber
lake Ina nothing to do with getting up
this circ lar MIR. Warden and his two
attorney want to find out who is the
author. ne card is a privileged com
municatioI and no man can be held re-
sponslble 4 printing it. Mr.. Timber
lake does . know the author. The
author. whover he be, has got more
, culture thar common sense and his
mind is uni anced
Laughingly, Mr.. r. said: have
been the va m Of Mr.. Warden's
paper in the lst two weeks. where
it claimed ! wa attorney for city and
? r.. +. & 7. K. and getting s. from
the K. r., where yct 81 from the city.
This is libel, bu did not notice Il.
To this last part OF is Speech Mr.. Cool.
rick objected, but i vas allowed.
Mr.. W H. RE, vas called for
: plaintiff Went ~ street 10 his
mother-in-law's hon on night of
June 20 and found Warden cir
cular on steps. took into the
house. read and dIscl ID It: went
back home about IL o ok. no cir
cular on his porch. saw o tail mea
walking on other side street
thought they were distrib ne some
thing. went out and hid hind
tree. met them as they ne IN
= They We're Timberlake and son.
e When / got home found cirC Ia
e been left. did not see them b any
circulars. Mr.. Fitzhugh ere
b said his side did not deny n ir-
- culars had been distributed By ne
10 Undertakes.
; Mr.. Warden. The circulars \ .
f. distributed along Main and Primo
? Anne street from his residence
courthouse He felt such a circui
was humiliating, especially In th'
charge that had made use OF m
position as Councilman in the in
terest Of private corporation. Gil
I cular was brought TO his hous
about a. m Tuesday. first he ha'
seen OF IL.
Mr.. Coleman for defense: MI
Warden. 40 you remember having
circular early on morning OF cleo
p ton? | do.
J Mr. G. If II was Illuminating u
you why did you handle and show
q around among the voters?
Mr.. W In order to let the PEG
e. pie know the character OF my oppo
2 nents.
Mr.. c. To humiliate them,
suppose.
e Mr.. W. was willing to deriv
any political benefit | could from
= IT,
= Mr.. c. You wanted all possibl
benefit from It, We're you pres
ent on that morning when Mr.. c
II. Wissner tackled this circular Il
front OF a tree near the voting pre-
l cinct?
Mr. w Possibly was.
, Mr. c. Did you read It?
:, Mr. w Possibly | did.