The Leavenworth echo. [volume] (Leavenworth, Wash.) 1904-current, 1913-08-29
JURY DISAGRFFS IN
CRIMINAL LIBEL TRIAL
Stands -Four to Two for AoquittaI-NOt
Settled When Case Will Come Up
Again

The case against Deed H. Magyar,
on complaint Of James w. Corcoran
came up for trial in Justice court Wed
nesday and resulted in a mistrial, the
jury, after remaining out considera-
bic length of time, reported that there
was no possibility Of their agreeing on
a verdict and they were discharged.
When the case will come up for
trial again has not yet been announced.
The readers OF this paper are aware
that the Echo printed a statement over
the signature Of G. H. Mayberry, in
which Mr.. Corcoran was charged with
having made certain statements about
the town of Leavenworth that were
calculated to discourage newcomers
from locating or investing herein
short, being guilty of that most abomi-
nable ofense, knocking his own town.
1t developed at the trial that Mr..
Mayberry was in error about Mr.. Cor
coran's identity. When he stepped
into Mr.. Corcoran's Office to make in
quiry about property he found a man
there who he took to be Mr.. Corcoran,
but who in fact, as it was brought out
in the evidence was a man by the
name OF Judson, who is in the employ
of Mr.. Corcoran. Mr.. Mayberry be-
ing an entire stranger here, had been
told that Mr.. Corc4an was the owner
of the business and without investigat-
ing concluded that he had been talk
ing to the owner.
So that the public may fully under
stand just how The Echo was led into
printing Mr.. Mayberry's statement, re
fecting on Mr.. Corcoran, which SO Of
Tended him that he swore to a COM
plant charging its publisher with Grim
inal libel, the penalty for which is
800 fine CT thirty days in jail, we will
briefly state how the purported facts
were brought to our notice. On Au-
gust II, just before or after II o'clock
midnight, Mr.. Magyar was awakened
from a sound sleep by Marshal J. F.
Pratt pounding on his door, when he
answered by asking what was wanted
he was told by Mr.. Pratt that man
in the city hall wanted to see Mr.
Magyar. The city hall adjoins the
residence of Mr.. Magyar, there being
only some thirty feet of space between
the buildings. After dressing he went
to the city hall and was introduced TO
G. H. Maybeny by Marshal Pratt. At
the request Of Mayberry, in the pres
ence and hearing of Marshal Pratt, the
statement printed in the Echo Of Aug
ust IS, over the signature of G. H.
Mayberry was reduced to writing by
Deed H. Magyar and signed in the
presence OF Mr.. Pratt, Mr.. Mayberry
saving he would swear to its truth any
where.
Asked if he knew any one here Mr..
Mayberry said he knew ]. l. Brownlow,
a property owner. Never having met
Mr.. Mayberry before and knowing the
seriousness of his charge, the publisher
of the Echo though; it prudent to
make inquiry into the character and
reputation OF Maybeuy in the com
munity where he lived before printing
his signed statement. The inquiry
proving quite hattering to Mayberry
his statement was printed in The Echo
as legitimate news to which the public
was entitled, under the belief that It
was true, with no more malice in
the heart Of the publisher than
had the Saviour of the world when
he said on that memorable occasion
Father, forgive them, they know not
what they do"
The evidence at the trial showed
that Mr.. Corcoran never saw G. H.
Mayberry and never had any conver-
sation with him previous TO the 10th
of August. Mr.. Mayberry made the
signed statement without taking the
trouble to verify his impression or be-
lief, and The Echo printed the state
ment after ascertaining that Mr.. May
berry was a man OF credibility and