Fitzgerald enterprise. (Fitzgerald, Ga.) 1895-1912, 1911-07-11
FACTS VS.. EVIDENCE.


Evidence presumed the facts in the but American
only part The practice is exclude all
of the evidence within certain limited restrictions
the of the best governed countries of the Old World
France England and other countries all of the truth facts evidence is
admitted and the higher American courts there dVon op
ion the admbly of all the facts leading crime
In the trial of Haygood for assaung editor who had
used his paper make the serious charges against him. aho it
abunday that the printed charges had
purely the outgroh
old gude and bitter malice long standing and that he had
been advised by his whose advise he sought before the publ
cation of the article that bous calculated create strife
foundation against the Publishing Company All such
evidence ruled
Under the curious rules of Evidence all of these important
facts excluded from the jury
Below we quote part of the record
resulted Saturday in a verdict of guilty
The Jury reires
expect prove by this witness that these eo-
ais which offered evidence ambiguous but that they
referred suits filed the Superior Court Ben Hill County
which suits Mr. Wilcox his mother and sister plaintiffs expect
that this witness acting for himself his mother and
contracted with Mr. Quincy member of the bar of Ocia file
these SUITS that Mr. Quincy and his associates at Ocia left Irwin
Superior adjournment the afternoon and Ben
Hill County the purpose completing the filing of these suitshat
tohat Haygood Cults had been consulted
night tephoned Mr. Cults and later that he told him
this stating Cults that time the
agreed his this litigation
Quincey this defendant Judge Haygood
city the time and knew nothing about the filing of these until
after they filed Of his firms connection with them and that he
heard up
published either prepared by Mr. G by
Geders responsibility them that
submitted these editorials Mr. Ekins of counsel engaged this
prosecution and Mr. Es advised him publish these editorials
also stated regard the liability the stockholders of the paper
for them We expect further show THAT GELDERS KNEW THEY
WERE FALSEN SO FAR AS HAYGOOD QUITS CONNECTION
WITH THESE SUITS WERE CONCERNED AND THAT HE PUBLISHED
THEM MACIOUSLY KNOWING THEM TO BE FALSE that after he
had published the first editorial Haygood Cults consulted with Mr.
Quney who advised them let the that the pub
caon of the second editorial Mr. Quincy Fitzgerald and with
conference with him. that this conference Geders offered
stating that he had idea doing Quincy
Mr. Wilcox and his family that hereupon Mr. Quincy explained
entire ranacton-expaned that Haygood Cults had nothing
with the preparation filing OF the SUITS stated that apology would
be that did include Haygood Cults prevailed
Geders to make apology Haygood Cults ALSO and that it
would be acceptable that included them Gees then
agreed write reracon and apology and appointed the hour Of three
the afternoon which time these gentlemen Wilcox Quincy Hay
good Cults should his office the Fitzgerald Leader that in
and accordance with that
they there the appointed that when this agreement
ported Mr. Cults Mr. Cults asked definitely understood
and Judge Haygood Ged Office and Mr. Quincy stated
that and that satisfactory Gde that the editorial Of
eracon and apology be prepared by Ges and submitted
them and that be satisfactory Mr. Quncey Mr. Wilcox and
Haygoo Cu that they down. and salts
factory they could that satisfactory expect show
further that Mr. Wilcox here in the city, Quincy
here that Mr. Quincy left that afternoon and Mr. Wilcox remained after
GelderS failed to keep his engagement that afternoon that from thOce
of Haygood Cults morning Mr. Wilcox called Mr. Geders and
called his attention the fact that he had failed
of the afternoon stated here ready down.
and that Gders told him for them that this
invitation from Geders they started and left the office lobby
the five building together and Hayood Cults stopped
by and that Mr. Wilcox continued and the office
and that then the facts developed that testified yesterday
The quoted paragraph excluded from Jury
peculiar system
There hardly be doubt that the verdict would
altogether had leading difficulty been
admitted