The Irish standard. [volume] (Minneapolis, Minn. ;) 1886-1920, 1915-02-20

no evidence here substantial enough
from which it could legitimately infer
that these detectives at Aurora either
had the opportunity or the access in
order to accomplish such theft, if one
was made, or did in fact steal this
letter. From the other standpoint Of
a successful Defense. it became i'm
portant, if there was such letter it
would be important that the defend
ant should have such letter here if
it was i'm existence, and we assume
it was in existence because Mr.. Coss
swore that he had received it, saw it
and used it, and it may be taken for
granted that the letter was originally
received there. The evidence is that
it's contents had been received, and
so far as the defendant in this case
is concerned you are to accept it as
being upon the same standard as il
produced before you here, the letter
which he received l mention these
matters merely to show side issues
of this case, and do not affect, or at
feet in any material degree, the main
and important question which we are
now called upon to determine and de-
eide. l think the defendant is entitled
to the assumption that such letter was
received, in the manner received, and
was used in the manner he states and
disposed of after so receiving by de-
| posting it in the files. MIR. COss took
that letter and went to the card filing
case and found there name which
correspondent to the name signed to
this letter; he saw that upon that
card there were number of entries
indicating that this party was good
worker, as he said, that is to say, had
sent them many orders, as much prob
ably as ten, for papers, books and
and was therefore considered as a
good worker and adherent of the pub
LEGATION. He says of the investigation
that he made, that he wrote no one
in Wheeling or elsewhere, made no
further inquiry, and accepted the
statement as one which could be relied
on. Now that testimony of Mr.. Brown
| and MIR. Coss was to the effect that
The Menace had no such thing as a
correspondent in any city, that they
got their communications from vari
Gus cities from what they called
workers." that is, those who are in
Observation-Disclosures interested in the
publication and in forwarding it's pur-
poses, and that this party was one of
such; that none of them had been in
vestigated or looked UP especially,
were not known to the officers of the
company personally, and that no in
vestigation was made as Il matter OF
precaution with respect to such letters
none was enjoined upon the editorial
staff Of the paper
The rest of the charge is concerned
with the duties of the jury as "citi-
zens of the district. possessing at least
average intelligence and the moral
sense Of the community"
In their appeal to the jury the at
torneys for Father Rossman merely
reviewed the evidence and called at
tention to the serious character of the
libel. The instructions of the court
left only one question for the jury.
7 rI, t.,l
ed the libelous attack on Father Ross
man, published it without having a
shred of evidence that it was true.
The character of the paper and it's UNI
fairness to the Catholic Church and to
priests. which the court admitted,
made presumptive evidence of malice"
The only open question was the
amount of damage it had done the
plaintiff.
Attorneys for The Menace realized
they were in /, helpless position.
Their client had deceived them.
When a client is not honest with his
attorney he can expect little consider
PENDANT could do was to beg for a
light verdict. They pleaded that the
readers of The Menace knew the
character of the paper and hence it
could do little harm to the reputation
of Il priest. They made a very feeble
attempt to justify their clients con.
duct
The result of the case is well
known. The jury. composed entirely
Of non-Catholics, some of them Ma
sons, returned verdict for actual
and exemplary damages, which meant
they were, after hearing all the evil
dence, convinced The Menace publish
ed the vile story about Father Ross.
man without any grounds for believ-
ing it to be true and without investi-
eating it; that the story was false,
and The Menace was actuated by
malice against the Catholic Church