The Richmond Virginian. (Richmond, Va.) 1910-1920, 1916-12-16
to do with the business repS4I
Slough unsuspectingiy.

to do with the business. rspI3S
Slough unsuspectingIy.
Even to the judges OF the ~
who grant licenscsg" thundere0
low. then. In springing his trap.
"Oh. that has no bearing ID
case" ruled Judge Terry impatioM1
The liquor attorneys also erde2vG1
to bolster up their case with ~
more newspaper testimony But
matter how often the liquor attornM
showed that DIR. Slough had spot
the smoral conditions In Haxlcton,
cross-examination the witnesses
ways proved DR.. Slough case.
They all admitted that DR.. StOuUl
had not attacked the personal chA1
acter OF the liquor bosses, but ~
spoken of them as political bon
that he had not charged them ~ 1I$&
dividuals with running bawdy h0un(
and gambling joints, but held the
politically responsible for non-enfOfo1
ment of the law. They all admttt01&
that DIR. Stough's sermons and a4S5
dresses had not only made this pfatnz
but that DIR. Slough hac expressly Aa5N#
80, and explained his attitude to htM<
audiences.
The liquor bosses witnesses brouaht8
out that there were ample grounds 1oxa
tcriticsm about the municipal authoff@a
ties under the control of the liQu0fS
bosses who threatened to arrest chfl~S
dren who went to the tabernacIe SER
vices. but allowed drunkards ana
prostitutes To roam the streets amd
make the night hideous with their
Wells"
Detective Not Called.
The liquor attorneys endeavored t0S
that he hired detectives to investigate@
the personal character of the four in~s
jured liquor bosses. they called on
Daniel Mckelvey, former county detec-5
tive now city detective of Hazleton, to-
stand up in court for identificatiOn.s
But the liquor attorneys closed their
case without calling Detective Me-
Kelvey, Mayor Harvey or Chief OF
Police Turnbach to the witness stand.
The Mayor and Chief of Police
were named by DR.. Slough as the m0ns
who told him that they could not en@a
force the law against prostitutt0nsz Il
gambling and LIQUOR violations becauN0l
their hands were tied by the four 1iss
quor bosses. Plainly. the failure o.
the liquor attorneys to call these men
to the witness stand indicated that
there was no question about tho
veracity of DR.. Stough's informatiOn.s
liquor attorneys rested their casess
asked for a rule to dismiss the cAees
from the jury's consideration. He baa-s
ed his appea. on the failure of the He
! quor bosses to have shown any cause
| for action. He reviewed briefly the
evidence they had brought in to show
that no crime was charged against
them by Or. slough. and then he read
scores of decisions to SHOW that spoken
or1c Gle ,Ia fAa@a
charge an indictable crime.
/ Carefully going over each authority
cited by Attorney Sherwood and his
associate former Judge Robert w,
Archibald. Judge Terry asked the H.
quor interest for their authorities.
| With characteristic self-assuranc0,
Attorney Bigelow started out to cite
authorities disputing the point taken
by the Slough lawyers.
The case you are citing, was that
libe! or SANDER case?" asked JudFti
Terry tersely.
! ut Is libel case" admitted Bigv
low.
| Il though so; there Ia a well-de.a
| fined difference between libel and
SANDER said Judge Terry. TT Seems u
| to be well established in this State
that printed. words may CONSTITUTES ls
libel. even though they charge no or
IeHSH WITH Grammar lnulCGas
ment- But 1t seems just as clear under
all the authorities that spoken worlds
are not slanderous unless they ianp4a4Mu
some specific crime for which there
can be an Indictment
| Citing authority after authority
from the superior and Supreme CourtA
as he went along. Judge Terry showed
! that the complaining liquor bosses in
their statement filed with the court
had not complained that they had
| bean charged with any indictable
crime, nor had they produced any
evidence to show that DIR. Slough had
made such charges against them.
| taking the language here alto-s
gether, 1t must be plain to any open,s
| inQuiring mind that the defendants
merely charged these men with ~
dereliction OF duty as private citizens
! In seeing that the laws were enforced.
said Judge Terry.
| We cannot arrive II the conc1u-a
sion that these words imputed any
crime. or that they charge men per,s
sonally with running houses Of pros
titution or with operating gambling,
houses or keeping saloons open On
Sunday.
The law makes it ne duty Of the
court in this case to decide If crime
has been charged. 1t is duty wfichs
the court must not shift to the jury
and / am, therefore, compelled TO-
grant the motion for a non-suit."
| The liquor attorneys declared inns
mediately their intention OF Appeals
ing.