Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-01-27

whether he saw the article concerning
Justice Haley but he did not read
such an article.
Or. Owen Recalled.
DIR. Owen was recalled and testified
that Mr.. Berry was the editor and
publisher of the Civic League Record
at two different times. and this time
it has been for a period of about three
years, and that he was the editor and
publisher last September and has SO
continued up to the present time.
Argue Before Court.
Mr.. Shelton of counsel for the de-
fence asked that he be permitted to
argue a point before the court and
the jury was excused. Mr.. Shelton
then argued that there had been IN
troduced no proof that MIR. Berry
wrote or composed the article ana
that that offence, if it were one, had
been committed at Waterville and
outside the jurisdiction of this court
He said that the State must snow
that the respondent wilfully circulated
the libel in Cumberland county. 1t does
not appear, he argued, either by direct
testimony or inference that he wrote
or composed the article or that he
knew it was in the paper 1t does not
appear either directly or indirectly, he
said, that the respondent had knowl-
edge of its being circulated in this
county or of it's being sent in here.
The State has entirely failed to show,
he said. any connection between Mr..
81 hof
make him guilty of libel in this ceun-
ty.
Mr. Shelton, in answer to the couh-
ty attorneys argument, said he felt
he had been misunderstood. He did
not contend that the editor or pup
lis her could not be held for whatever
is in his paper unless he shows lnno-
cence. But in this case the respondent
is indicted for the publication in this
county of the paper containing the al
legged libelous article and publication,
the statutes, provides, must be done
wiIfully. He submitted that it must be
shown that what had been done IN
this county was done wilfully and read
the section of the statute specifying
''wilful publication
County Attorney Bates argued that
1t had been shown Mr.. Berry was su-
perintendent of the paper. that about
700 copies were sent into this county
and that when he sent copies into
Mr.. SHELTON asked if it were not
the province of the court to decide
whether the requirements of law had
been complied with and the province
of the jury to determine whether
there had been libel. Judge Con-
molly said that as he understood the
constitutional and statutory provision,
the Jury must determine the law and
the facts and that they could do al
most anything, under the direction OF
the court.
Opening for Defense.
The jury was brought back into
the court room and Mr.. Shelton be-
gan his opening for the defense. He
said that the statute regarding libel
had been clearly explained by his
brother, Bates; the provisions of the
constitution and statutes regarding Ii
bel are peculiar. The State must
prove, he said, that the respondent
wrote, composed, or wilfully circulated
the alleged libelous article. 1t APP
pears from the evidence that Mr. Ber-
ry is editor and publisher of the Civ
ic League Record which is CIRCULATED
in Cumberland county. The author
ship of the article in question will ap-
pear later. The statutes provide that
in articles published in a newspaper
about a public act of a public official,
the truth of the statement is de-
Tense In an action for libel, and truth
is a defense If the article is published
without malice. He said that what Mr..
Bates had said about the importance
of a case involving an attack upon
the courts was true, but that the peo-
pie had right to know the truth OF
what went on in their courts. If the