The Birmingham age-herald., 1915-10-31
VERDICT TFORSl0,0OO AGAINST AGE-HERA[D Appeal Will Be Taken From Judgment in Favor of
 John B. Waterman

A verdict for $l0O00 damages was award
 ed against The Age-Herald in Judge Crows division of the circuit court late yesterday afternoon. The judgment was In favor of John B. Waterman of Mo bile, former agent of Elder, Demster 1
 Co.,, steamship operators
 The suit of MT. Waterman against The
 Age-Herald was based on this newspa-
 per's report of the bankruptcy proceed-
 ings in the Knight, Yaneey X Co. cotton
 failure This report was published on
 May 2s. 19l0
 The Age-Herald contended that it had
 port of the bankruptcy proceedings, which
 included several references to MT. Water
 mans dealings with John W. Knight of
 Knight, Yancey & Co. These refer
 ences were chiefly in the testimony before
 the referee, of w. D. Nesbtt Of Bir-
 mingham. partner in Knight Yaneey
 X Co.,, and also relative or MT. Waterman by marriage.
 Mr. Waterman, on the other hand, con-
 tended that The Age-Herald's S report had not represented fully and fairly what oc-
 cured at the hearing. and that this pup lication by The Age-Herald caused him to fail to secure a position with the Mo- bile Liners, Incorporated, which was at the time in process of formation. lie had about two months previously severed his connection with Elder, Demster x Co. l. Witnesses for The Age-Herald testified there could have been no malice toward MT. Waterman because no one connected with this newspaper had ever heard or him until his name came up in the bank ruptcy proceedings.
 T ,Ic moi atai iraa the publication was privileged that is, that it was a fair and full report of a ju- dicial proceeding in which the public was interested and to which it was entitled to full and complete information. The case win no doubt be far reaching, 1 for yesterdays jury has said in effect that even though testimony derogatory to
 some individual was given at the hearing,
 The Age Herald had no right to pub 1 fish 1t.
 1 The jury which rendered the verdict was made up of the following: | Marvin Nations, 2S, sawmill man. l Mack D. Gray. 20, farmer.
 i J. Edgar Spruill, 16. farmer l ]. Will Barrow, IT, farmer. | George Finger, 9, shoemaker. l Francis O. Havey, g, merchant. 1 J. Billie Harris. B. merchant.
 Walter l.. Airline, 2l, clerk 1 James IT. Norris, 46 engineer. | George w. Knight, 21, collector. l George A Gowan, boiler maker. 1 R. Ben Gordon, 33, electrician. l The case was begun on "Wednesday morning. Arguments were completed yes terday and Judge Crow finished his charge | to the jury at 3 o'clock. The verdict was
 returned about 5:30 o'clock
 1 The case was tried once before in the circuit court and judgment given for 5000. The defendant appealed to the su- preme court. which set the judgment aside and sent the case back for new trial. '. Unless a new trial is granted by the cir l cult court the case will be again appealed to the supreme court
 l The Waterman case is the only case
 on the dockets of any court against The 1 Age-Herald and the only case in which any verdict for substantial amount was ever rendered against this newspaper The Age-Herald is represented in this case by Nathan l.. Miller, and N. A Graham, Jr,. and MT. Waterman by For l ney Johnston and William R. c. Cooke.