The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1915-01-29
lust AND RIGHTEOUS VERDICT.

The trial Oh tue ctst" w "
H.. Johnson of Wateryille against the
Free Press Printing company was
ono OF tho features Of court week I
Waseca. The case was called for
trial Thursday afternoon and ter.
minated late yesterday, the jury re-
turning n verdict in favor OF the
defendant The jury was out about
Two hours. Tho action was for S5.Ooo.
ID appeared from the evidence
taken al the trial Of the action nj
Waseca that In May, 1912 there
anDearod In The Free Press nm ar
ticlc which contained certain charges
against Mr.. Johnson. \ few days
later Johnson was arrested ON a
complaint sworn out by Assistant
United States District Attorney
D,ckey charging that william III.
Johnson" did then and there wrong
fully and unlawfully have In his
possession with intent TO sell. give
away and use the same n large num-
her Of metal tokens and devices, to
wit: One thousand coins, each In
likeness and similitude as 10 the de
sign ana color thereof of the genuine
coin Of the United States of the
value and denomination of 81 and
therefore issued as money under
the authority of the United States:
that Mr. Johnson was brought be-
fore United States Commissioner
BENJAMIN Taylor and waving exami
nation was bound over 20 the United
states court; that the case was con.
linued and in November, 1913. was
dismissed because Secret Service
Agent McManus. who had connscated
about 1000 of the coins which had
been i'm Johnson's possession. and
considered by the government It's
principal witness. was critically Ill In
Utah and physicians had forbidden
his coming TO Minnesota on any pre-.
text, fearing that such n journey
would cause his death. Mr.. McManus
died last fall at San Antonio. Texas
The evidence at the trial developed
that March, 1914, almost two years
after the original article was pub
lished, Johnson demanded of The
Free Press a retraction. The retrac-
ton was not made. In April, 1914,
an action i'm the sum of $4,000 was
instituted against The Free Press,
Johnson alleging libel
The case came to trial Thursday
afternoon before Judge Childress and
Il jury in the district court In Wa.
SEGA, Former Senator John Moonan
representing Johnson and Harrison l..
Schmitt looking after the interests
of The Free Press. 4 number of
Witnesses were examined. The at
torneys made their adjustments and
Judge Childress delivered his instruc-
lions TO the jury. who retired for
elaboration. Shortly before six
o'clock last evening the twelve men
returned a verdict in favor of The
Free Press.
The interests OF The Free Press
were ably handled by Attorney
Schmitt. whose mastery argument
created 4 most favorable impression
upon the jurors. He analysed the ar
ticle OF which Mr.. Johnson com
planned and showed beyond any
question Of doubt that every state
ment therein contained was true, az
that no evidence had been introduced
by the plaintiff TO the contrary
So far as can he learned the jury
lal httt In nnit
ing their conclusion. The first bal
lot stood, eight to four in favor of
the defendant: the second, six to six.
the third. ten to two. and finally all
voted In favor of returning a verdict
for The Free Press.
The Free Press desires to publicly
express its great appreciation of the
favorable and righteous action on
the part OF the twelve gentlemen
who heard the evidence. They recog.
nized the force and Justice of the
defendants contention and rendered
n verdict accordingly.
There was a newspaper principle
involved in this action and ii was up
held by the jury. The fight made by
the defendant was not for the pur.
pose OF self-protection as Il was to
throw the protecting arm of liberty
about the newspapers of Minnesota
and 10 prevent the throttling of a
free press. In other words the jury
at Waseca has served notice on the
public that newspapers should not
be made the object of a suit for
damages because some one may Ia.
bor under the delusion that he has
been mistreated by statements of
fact. The jury at Waseca has rem.
dered the public far greater serv.
ice than can he measured in dollars
and cents.