The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1913-07-03
THE TRUTH IS NOT LIBEL
OPTIMIST WINS OUT

The case of William A. Beakley. 6
lawyer of this city who was disbarreC
from practice for thirty days durins
the year 1912, VS.. The Optimist Pub
fishing company and Karl p. Brown
manager, came up for trial in the
district court last Wednesday even
Ing. The case was one in which the
plaintiff Sued the defendants for So.
900 damages to his character for
the printing of several little cam.
paign articles at time when the
plaintiff was candidate on the De.
mocratic ticket for county attorney.
A jury was secured at o'clock Wed.
nesday evening, the jury consisting OF
Messrs. Montague, N. j. Thorsten-
burg, Jed Taylor, G. s. Dalton, David
Wheeler, H. R. Boice, Dick Stevens,
G. L. Myers, H. D. Glassturn, Lou
Neal, Prof. J. F. Lewis and Col. Fu-
gate. The plaintiff was represented by
A. S. Dickinson, the defense by At
torneys Hansbroueh & Gagon, w.
A. Lee and c. S. Beebe.
Attorney Dickinson made the open
ing statement for the plaintiff, follow
ed by Attorney Beebe for the defense.
The trial was pathetic from the start.
AS evidence, comments in the Opt.
mist on an article in the Aberdeen
Times wcs introduced by the plain
tiff to show how much we had hurt
him. Tho plaintiff was put on the
stand and stated that he did not
know that the article was to appear
in the Aberdeen Times at any time
that he did not know that Editor To-
ner contemplated giving him q politi-
cal boost for his candidacy, that the
plaintiff did not write the article or
any part of it. The defense put Bro
ther Toner, editor of the Times, on
the stand, and showed by him that
the plaintiff had, using Attorney Dick
lnson's pet expression, "got hold o
the wrong book" on truth, veracity,
etc. Mr.. Toner stated that he had
asked Mr.. Beakley for the data for an
article, that the latter had given him
a half-tone cut of himself, and that
the obituary appearing as a part of
the article. telling where the deceas-
ed Good Reputation" had been born,
educated and nurtured, had been furn-
ished by Mr.. Beakley expressly for
that particular article. (Naughty little
scamp, Willie's papa should take your
little celluloid collar away for that fib)
In testifying about the effect o.
the Optimist articles on his law prac-
tice. Mr.. Rcakley stated that he had
experienced a falling off of patronage
ot about one-third. The defense ask
ed him what effect the disbarment pro
,eedings had on his practice since
hey were instituted in the month of
June previous to the publication OF the
mentioned, and the plaintiff
stated that his friends took the ac-
Ion of the court in disbarring him
IS political joke. Think of Judge
Alfred Budgo using the office of Judge
u the fifth judicial district to job a
candidate for county at
'orney in an adjoining district
Mr.. Beakley stated that the CAM
2aign of last fall was his second term
of office seeking.
Witnesses for the plaintiff were Alex
Younle, who said that the articles had
not changed his mind about Beakley.
Fl: Alfred, for plaintiff, said he had
heard Bcakley's reputation discussed
md that the discussion was about ey-
snly divided as to whether the repu.
alton was good or bad
Following the reading of the courts
order Mr.. Alfred stated
le did not think Beakley's reputation
or truth, veracity, etc., was much |
orce. The plaintiff made an issue
of the fact that we had said that he
lid not read all the law governins |
quarantine of measles at a meeting |
leld in the city hall February 26th |
The defense did not have man
who had ever been in
public eye around Blackfoot much
'ut we introduced few fairly reput-
lble citizens, for instance C. V. Fish
#, cashier of the Standrod bank a,
member OF the school board, E. A.
1oud, member of the school board,
councilman j. G. Bond, Jos. LaCour.
sofear Davis, Judge Ivan L. Jensen;
J. II. Early. member of the school
,oard, DR.. w. 3. Patrie and Col. w.
)rr chapman, all of whose testimony