The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-20
COLONEL FLAYED
AS FALSIFIER
lcontinued from PAGE One.I

lcontinued from Page One.l
and being controlled by the late
+ The colonel sat almost motionleSS
during the entire address.
| In his charge to the jury the justice
said:
'"To publish falsely any article that
holds a man up to ridicule and dis
grace and to injure his character is
libel The intention or object of the
libel must not be taken into consider
alton.
"A man in public life can be libelled
| just the same as any other citizen.
No question of privilege enters into
this case. When charges are made
against a man. if they are true, that as
sufficient defense.
THE burden of proof is on the de-
PENDANT
In explaining the legal meaning of
punitive damage" the court said
punitive damages may be awarded
when malice and wantOn disregard of
the plaintiffs rights are shown.
LAS for the article complained of.
1 have held it is libelous per Sc in two
regards. 1t charges a corrupt polit-
ical alliance between Mr.. Barnes and
Mr.. Murphy in regard to the govern
ment of the state. Secondly, it charges
that Mr.. Barnes has worked through
corrupt alliance between crooked
business and crooked politics. Moth
ing else in the article is Hbelous
THE only question you have to con-
slider is are the charges true.
Not Political Controversy.
William NJ. WINS, chief counsel for
Barnes, began his address by defining
his duty and criticising Mr.. Bowers
for delving into politics.
"What?'' he asked, has the future
usefulness of this defendant or even
of this plaintiff, got to do with this
action at law"
He urged the jury to remember that
this is not a political controversy"
Calls T. RS Story Fairy Tale.
Mr.. WINS referred to q part of the
story told by Colonel Roosevelt as
fairy tale.
THE question in this case is said
the lawyer, HAS any man the right
to rob another of his honor?"
Mr.: Wins said the article alleged to
being political Benedict Arnold"
Then he said: t--
This defendant has charged so
many men with being habitual falsi-
fiers that it has long since become a
national joke.
What does the word boss mean %
he continued.
iii tell you. 1t implies dishonor-
able occupation. In the article COM
planned of, bipartisan boss rule is
alleged. What does that mean? Sim
ply that two bosses have come togeth-
er to the detriment of the people.
THE questions here are: Has the
existence of invisible government been
proved? Has the existence of a BIZ
partisan boss rule been proved? .....s,.. 3D.,
Roosevelt Charges Conspiracy
''Who is the censor of the morals of
men in this country? Well, my friend
Mr.. Bowers during his address divided
the history of the country into three
parts. The colonel has had himself
put in the class with George Washing
ton and Abraham Lincoln. He has
put behind him Messrs. Guggenheim
whom he suffered for so many years.
Mr.. Roosevelt has changed his COM
pany. He has drawn new companions
out of the dim past -. ~
Continuing, Mr.. WINS referred to
the defendant as The master niOu1der
of libel; this master moulder of
phrases with which to attack his
enemies" and said there was mot one
iota of evidence that showed a cor
rupt and machine ruled government.
The only example of control was the
defendant
Mr.. WINS later said:
THE country has not gone to the
devil because this defendant was not
reelected president; congress has not
gone to the bow-wows; everything is
going on as usual"
when Colonel Roosevelt published
the alleged libelous statement, he
meant to kill Barnes" Mr.. WINS de-
clared.
Nobody has a privilege to lie," he
added.
"A libel is based upon a lie. Unless
a libel is the absolute truth it is not
justified