Evening capital news. (Boise, Idaho) 1901-1927, 1913-01-02

i the policy of the paper and simply be-
cause there were no disagreements be-
tween Sheridan and Broxon, Broxon
evidently concluded, even though he
We're only an employee, that he con-
trolled the political policy OF that
Il newspaper The evidence shows that
I Cruzen and Sheridan were quite fire.
quently together either at Cruzen's Of
flee or at Sheridan's office, and dis
cussed politics and that Broxon also
| discussed politics with Cruzen, and
while Broxon testified positively on
| his direct examination that he did
not show certain articles to Cruzen be-
fore they were published. on cross
examination he admits that he may
have done so but had no recollection
/ of Il; that he worked in absolute har-
mony with sheridan. and the evidence
shows that sheridan and Cruzen We're
in harmony on the general political
policies of the paper and consulted
very frequently together. Broxon ad
united that he talked with cruzen IN =
regard to some of said articles after
| they were published but did not recol-
ilect whether or not he talked with him
about them before they were published.
He also testified that during the cam
paign he went to Cruzen's office and
that he did discuss some of those pub
LEGATIONS with Cruzen; that Cruzen
doubted the advisability of publishing
some of said articles and OF what
Broxon had said in them Why should
Cruzen doubt the ACCESSIBILITY OF any
thing Broxon said In those articles Il
he had no right to advise in tho mat
ter? He also testified that he and
Gruzen were very much interested IN
the campaign and that Cruzen was
frequently in Broxon's office during tho
campaign. Cruzen, as witness for
himself, admitted that he had told
many people that he controlled the po-
litieal policy of the Evening Capital
News. He apparently made these state
ments IN regard to that matter when
there was no inducement for him TO
misrepresent However. he testifieA
that he did il as a political stunt"
whatever that may me But all or then
facts and circumstances surrounding
the matter show that he was very much
interested in the campaign and was
very much interested in the campaign
and was very frequently in consult
tation with Sheridan and Broxon and
that the Capital News advocated the
political policy which was IN accord
with Cruzens views, so far as said
publications We're concerned. He adj
mits that he told many of the leading
citizens of Boise and politicians that
he controlled the Capital News. and
offiee-seekers sought him instead of
sheridan and Broxon to procure the
favors of that paper in their political
aspirations After informing SO many
people that he had control of the Cap
ital News, 1t seems that he was willing
to have that distinction until he was
confronted by a contempt proceeding,
and then he went on the stand and tes-
titled that he had been lying about his
control of sal Diaper, and testified TO
the effect that he had no influence
or control over it. Taking Broxon's
entire testimony, it does not zorro -
borate Cruzen in his sworn statement
that he exercised no influence in con-
trolling the political policy OF said
newspaper, but does corroborate the
statement made by Cruzen to many
people to the effect that he did exercise
some influence in the publication OF
said articles. Regardless of the posi-
tive sworn statement of Crnzen. tho
facts, circumstances and probabilities
of the case are all against him, and
clearly support the view that he WAS
telling the truth when he told SO many
people that he was controlling the po-
litieal policies OF that paper during the
last campaign, andtnot telling the truth
when on the witness stand. II Jury
should find the defendant Cruzen
guilty Of criminal libel upon this evil
dence, in a proper action. we do not
think any court would reverse the YER
diet on the ground of insuffiency of thu
evidence Circumstantial evidence is
often more convincing than direct evil
dence. and 1t is well recognized that
the tongue of the politician often
speaks falsehood. The testimony of
man who viii go on the stand and adj
nit that he is a common liar in mat
tiers where he had no great induce
ment 10 lie, ought not to be given
much eredence In regard 70 the Same
matters when the Jail or fine. or
both for contempt OF court is staring
Tim in the face as an actuating mo-
tive. From all of the evidence, We
nave no doubt whatever that Cruzen
lid Influence the manager and editor
u the Capital News in the publication
# said articles and is guilty of wilful
of this court The evidence
n this case clearly shows that the con-
emptnous articles and editorials al
eyed in the information and proven
II this case, and the continuous puhli-
alton of such articles are sufficient
o justify this court in imposing a SCI
ere sentence; but in view of the fact
hat this Is the first case OF tho kind
hat has ever been brought before this
'ourt, we are inclined to impose a light
entence, believing it will have the
anne effect on the defendants as well
$ on the press generally, as would