Evening capital news. (Boise, Idaho) 1901-1927, 1912-09-27
JURY VISITS THE
SLAuCnTFRnOUSf
FOR INSPECTION
Judge Mccarthy Delivers
Instructions and Final
Arguments in Libel Suit
Begun -

against the CapltaI news an OppOT-
tunity to visit the slaughter house this
forenoon, Judge Mccarthy gave his
on tho law In the case at
2 o'clock and at 2:35 argument was
begun, Attorney Gibson addressing
the Jury first on behalf OF the plain
tiff company. An agreement was
reached whereby the argument should
be limited to an hour and a quarter on
each side SO that the case will finally
be submitted to the jury shortly after
5 o'clock this evening. II the program
is carried out.
The instructions given by Judge Nc
Carthy were exhaustive upon the law
OF libel and were considered very fair.
In addition to laws bearing upon libel
he instructed the jury as to the laws
the conduct of slaughter
houses and the care % meat and
food products from ami
mails He stated the case to the Jury
and outlined the accusations made in
the article which was made the basis
of the suit in which 1t was charged
that the premises were insanitary:
that the offal was not tanked: that
offal was run into the river; that ami
mails were slaughtered which had been
without food for 4S hours and without
water for 20 hours and others, which
lie told the jury. II true, constituted
misdemeanors He set forth that the
defendant had alleged as its defense,
the truth Of its statements and then
said:
in proving the truth of each Of the
charges above mentioned 1t is suffi-
cient that the defendant prove so much
Of the defamatory matter therein as
constitutes the sting Of the charge. 1t
is unnecessary to repeat and Justify
every word of the alleged defamatory
matter If the substance of the charge
be justified. II the substantial impu-
tations be proved true. a slight mac
curacy in the details will not change
the complexion of the affair so as to
affect the reader Of the article differ
emily than the actual truth would"
Preponderanes Necessary.
The Judge also told the jury that 1t
was unnecessary to prove the commits
sion Of the alleged crimes imputed to
the plaintiff beyond reasonable
doubt but merely by preponderance
of the testimony He explained COM
pensatory and punative damages which
the jury might find in accordance with
whether there was actual malice or not
and said
"If you find that the sting of all the
statements contained in said article
mentioned in these instructions as
being libelous on their face are sub
stantially true, as herein explained,
then your verdict should be for the
defendant
"By the sting Of the libel I mean
the Injurious effect upon the plaintiff
and its business made by the unfav-
orable impression created by the libel
Gus statement and by the gist of the
libel I mean that essential part of II
which creates such impression and
thus produces such effect. The de-
PENDANT must prove the truth of such
essential part OF the libel. but. II II
does so. 1t need not prove the truth OF
any detail, which would not vary
change or add to, the effect and i'm
preston created by such essential
part
Bucket Of Mageots.
With a bucket Of burned offal con-
tanning maggots taken from the offa
pile Of the Central Dressed Meat com
pany to rebut it's claim that the fires
built by 1t entirely consumed offa
and refuse thrown upon this pile and
that there were no maggots In the pile
offered in evidence by the defendant
the Capital News. In the libel case OF
the meat company against the nab
hn Mt
evidence in that case was speedily
brought to a close yesterday after
noon. Judge Mccarthy reserved his
ruling upon whether the bucket OF
burned meat and maggots should be
admitted as evidence.
The bucket OF putrid and burned
meat with its numerous maggots was
secured by the same reporter who hat
written the original article which
caused the suit to be filed and com
mittee consisting Of City Building In
spector Hammond. l. A. Jarvis. thu
real estate dealer and Charles I.
Davis OF South Boise. who went ou
the day before to make certain meas
urements and to ascertain what con
dition the slaughter house premises arr
now in. 1t had been stated by num-
Der of witnesses in behalf OF the plain
tiff that there were no maggots In thu
offal pile. This evidence was giver
by some Of the committee that In
spected the premises on behalf OF thu
plaintiff company and the bucket o.
putrid and burned flesh with Its mag
gots was offered as the best sort O
evidence to rebut this evidence.
r. g. Taylor was called. He Wis
tied the slaughter house yesterday Will
Mr.. White and DR.. Smith. deput!
health officers: Mr.. Hammond, cit!
building inspector; Mr.. Jarvis. rea
estate man and Mr.. Davis. He sait
the offal pile Is now considerable!
smaller by reason Of being burned bu
they measured It with steel tape ant
found 1t now to be 17x26 feet HI
said he found maggots still there ant
produced q bucketful which no SAID
he took from the offai pile. Thu
bucket was marked Exhibit F." Thu
witness said ne had also included por
tons Of flashy refuse which he hat
v,{cVxaN ,,n vu,lx1. tha n, . wofa Attorne,