Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-04-09
NEXT move IN LIBEL
CASE IN PORTLAND
PROBABLY MONDAY

Portland, Me-, April S.-To the pos
slble end of instituting criminal libel
proceedings against John H. Flaherty
based on statements alleged to have
been made by him and rejecting on
Hon. Joseph E. F. Connolly, County
Attorney Jacob E. Berman is today
making thorough Investigations
When asked today if he were going
to institute criminal libel proceedings
against Mr.. Flaherty the county at
torney said, Il am Investigating.
am getting an abstract of all of YES
terday's testimony. as part of a very
careful enquiry into the entire situa-
ton. 1t will be impossible to say for
certain just what will be done in this
regard until all the testimony is in
AS the next step in the F1aherty
case will probably not come before
Monday next, when pursuant to a rule
of court the respondent will be given
an opportunity to show cause why he
should not be adjudged in contempt
criminal libel proceedings if they are
instituted will not be begun before
next week.
Asked if criminal libel proceedings
l.
ty were contemplated, County Attorney
JACOB H. Brennan said that he was not
now in position to say. After the
rest of the testimony is heard" he said.
lit will be possible to say against whom
other proceedings will be and what they
will be-"
Judge Connolly called my attention
in my official capacity to what appear
to be the grounds for a proceeding in
criminal libel in this NATTER the
county attorney said today, land if I
am convinced at the close of the con-
tempt proceedings that there is suffi-
Gent ground.,, warrants will be sworn
out for the new proceedings"
Il have thought 1t best to wait" Mr..
Berman said. because while in con-
tempt proceedings the truth of a state
ment is not a defense, IN criminal libel
the truth of statement is a defense,
unless the statement is actuated by ex-
to wait until heard all the testimony
in an endeavor to find out If Flaherty's
statement was actuated by actual malice
or if the defense would be truth. and
to know fully what his statement and
the statement Of the other witnesses
would be-"
The issuance, which will take place
some time this week, of a rule of court
to John H. F1aherty to come into court
and show cause, If any, why he should
not be adjudged in contempt. is the next
step in the contempt Of court proceedings
instituted by Judge Joseph E. F. Connol-
ly Of the superior court
The issuance of the rule will follow the
making OF complaint based upon the
testimony taken yesterday. and it is not
expected that Mr.. Flaherty's appearance
IN court to answer to charges in the com.
plant will come before next Monday ar
the earliest.
While next Monday is the day upon
which the jury trials were to have com.
menced in this court, it is likely that they
VIII have to 60 over until the matter at
present In hand Is in some way disposea
Of. po'e'
The general impression seemed to nre-
vail that the matter was to be furtber
taken up this morning, and as a result ~,
court room was well packed by the t;nre
the usual hour for opening court arr;vaa
me nrst step in the proceeding. the tot
ing OF all the available evidence mn.
completed yesterday afternoon, however
ana the matter was not considered =,
any way this morning. -