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

yellow journals OF the country, have
encouraged criminals in their criminal
acts and the result has been an I'M
precedented wave of crime over our
country. More than a hundred Grim
inal cases OF dynamiting, the destruc-
tlon OF vast amounts of property and
the murder OF scores OF innocent per-
sons have been the result of those
criminal acts. And the criminals have
received great encouragement from the
scurrilous. villainous and criminal pub
| locations of such journals. Courts have
! been almost powerless In the matter
because of the corruption and intimida-
ton practiced by such criminals AMI
journals on the people and 1uries For
| much of this criminal work the muck
raking and yellow journals are largely
| responsible and tho result has been
that but very few Of the criminals have
been convicted. The tide, however.
seems to be turning. Two dynamiters
plead guilty and jury has recently
! FOUND IS more guilty. II the public
! press can do those things with i'm
punity. the average citizen or juryman
cannot be expected to hold the courts
| or the law In very high respect and
enforce or feel much inclination to en-
force the law as jurymen.
| III the time has arrived in this coua-
/ try when the courts may be vilified,
abused, unJuNly and without any
| foundation in truth, and are deprived
of the right to punish for contempt, the
| plan adopted by the founders OF our
government to have q co ordinate
branch of the government in the iu-
dietary had as well be abandoned anil
| let every man be a law unto himself
and let anarchy and mob ocracy'
| reign.
Demurrer Overruied.
The demurrer to the complaint
must be everruled and it is so ordered.
"On the goth Of December, 1912. the
defendants Sheridan and Broxon filed
an answer"
After completely reviewing the evi-
dence in the case the opinion con-
tinues:
No Evidence.
THE foregoing is the substance OF
the evidence introduced on the trial SO
far as Cruzen was concerned The at
torney general thereupon offered in
evidence the information and the ex-
hibits attached thereto In the case of |
Broxon and Sheridan. No objection
being made thereto the same was re- |
ceived and counsel for Broxon and
sheridan declined to introduce any
evidence whatever on their behalf I
Thereafter the case was argued to the
court by A. A. Fraser, Esq, on behalf /
of Cruzen, and the attorney general 1
on behalf Of the plaintiff Counsel for
Sheridan and Broxon declined to make
an argument in the case and the case
was taken under advisement by the
court
The righteousness OF the defendants
as shown by the fact that they did not
publish the decision In the Spofford-
Clifford case so that the readers of the
Evening Capital News might determine
for themselves the conclusions reached
by the court and the reasons given for
those conclusions, but they malicious
~ and wllfully misrepresented said
decision in order to deceive its read
ers and yilify the court.
Sheridan and Broxon by their fall
ure to answer after the demurrer TO
their answer had been sustained. ad
mitted the allegations of the infor-
nation SO far as they were concerned
and the court holds that said editorials
and articles SO published are con-
N0'iAp1a1Ao anu ItltilldlOIy OIL tile court
and that said defendants are guilty of
contempt of this court.
AS to tile defendant, Cruzen he adj
mits that he was very friendly with &
Sheridan and Broxon and the Capital
News, had frequent interviews with
them, visited the office of the Capital
News frequently; that sheridan and
RroSon came TO his office at his call {,
h14f 1fa tt,.,+ n.
the political policy OF the paper: that
the policy pursued was mostly In ae- .
cord with the views of Cruzen. that {
candidates for political offices who {
sought favor with that paper consult /
ed with Gruzen and that the political 5
policy pursued by the paper was sub /
stantially in accord with Cruzen.s /
views. that he foretold what the pol /
Icy Of the paper would be In certain /
matters before it adopted such policy. /
that he told numerous persons, many Of |
them the leading citizens of the state, /
that he controlled the political policy OF /
that paper, and these statements are /
corroborated by the policy pursued by |
the paper. regardless OF the testimony 4
Of Broxon who was merely hired by 0
the month 10 write for the paper, that c
y
Broxon testified that he controlled and /
dictated the policy of the Capital t
News and was responsible for publish L
ing the editorials and other articles 4
on which this contempt proceeding Is q
based. However. all of the testimony /
when taken together shows that that y
of the witness is not cor t
rect lie testified to a conclusion or t
ultimate fact A conclusion or ulti- c
mate fact Is established by probative $
facts and the probauve facts as re- S
realed by all of the testimony do not a
the truth of that ultimate n
'aet or conclusion testified to by him
The prohatiye facts show that he did
Tot alone control and dictate the pol d
cy of the Capital News nor that he c,
vas the only one responsible for the l.
and articles on which this
,outempf trocppdinp ia ba sod Tho attt \