The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-01-14
SAYS STORY WAS
LIBEL ON OSBORN
Judge flanagan Refuses To Quash
Charge Against Editor Baldwin
and Case Goes To Trial

MARQUETTE, Mich. Jan. 14.-In
an opinion handed down at Escanaba,
Judge r. C. Flanagan OF this judicial
circuit has ruled against F. l. Bald
win, editor and publisher OF the Els
canada Journal, In the now famous
criminal libel case In which the news
paperman is the defendant and which
was argued In Marquette few weeks
ago Mr. Baldwin, who Ii accused OF
libeling Gov. Chase 8. Osborn, moved
that the charged be quashed. The
court denies the motion.
The case was removed to the circuit
court on an appeal by Baldwin's at
torneys, and Judge Flanagan subse-
spondent to withdraw his plea OF not
guilty for the purpose OF submitting
motion to quash. This motion was
argued at length before Judge Flanni-
gan, and the court has had II under
ad .isement until this week. The mo-
ton now having been denied, this dis
posal OF the case means that the case
will have to go to trial on Its merits
before Judge Flanagan and a jury.
In a lengthy opinion. Judge Flanni-
gan says. In part:
The elaborate argument that the
article, in whole or in any part. stand
ing alone, is not libelous, while plaus-
ible and persuasive, Is not convincing
On the other hand much difficulty Is
encountered in meeting the conten-
ton that. giving to the words OF the
article and OF the complaints most
liberal construction, some OF the para
graphs are not libelous But. IL any
part OF the article In and Of itself, or
as aided by the statements Of the So
called inuendo, Is libelous, the COM
plant must be upheld. Consequently.
a discussion OF the question whether
the remaining paragraphs are or are
not libelous Is, for the purpose OF this
motion, unnecessary and for that rea-
son but one paragraph will be noticed
at this time.
The first paragraph OF the article
reads as follows: VIII Osborn tell
the people of Michigan how much
money he got, if any, for betrayfng
ex- Congressman Stephenson at the
Ironwood congressional convention
some years ago? Following this we
find bracketted In the complaint these
words: Thereby intending and mean
ing to charge said Chase 8. Osborn
with having unlawfully received mon
ey for betraying ex-Congressmanl
Stephenson at the Republican congress
sional convention held at Ironwood In
the year 1895, at which convention
said Congressman Stephenson. one
Carl ID. Sheldon and said Chase g.
Osborn were candidates for nomina-
tion."
In constituting the language COM
planned Of, the rule Is that the words
are to be taken in their plain and nat
ural meaning They are to be con-
strued according to their common un
Outstanding. and not according to the
publishers secret intention. Applying
this rule, the conclusion that a libel
Is charged In the first paragraph Is
inevitable. Indeed II may with assur.
ance be said "a point, however, not
cided) that the first paragraph OF the
article without the matter incorporat-
ed by way OF inuendo Is in and of It
self libelous. Counsel comedies that
the language of this paragraph 'natur-
ally conveys the idea that Mr.. Os-
born did betray the late Congressman
Stephenson for a consideration Hav-
ing gone that far 1t Ia futile to deny
the paragraph does not also naturally
convey the idea that Mr.. Osborn was
thereby guilty Of the commission Of
degrading act.
ANY act which causes one to lower
In character, TO lose reputation or
standing Is a degrading act. To be-
tray, according to the common, ordi-
nary understanding Of the word, is to
be disloyal, to act treacherously, and
there would seem to be no escape from
the proposition that to charge Mr.. Os-
born with having betrayed the late
Mr.. Stephenson at the Ironwood con-
gressional convention OF 1895. for q
money consideration or without II, Is
to charge him with the commission OF
an act which, IL committed, would de-
grade him In character. reputation and
standing in the estimation Of all good