Evening journal., 1916-03-16
lU POINTS WIN SUIT
/. BROUGHT By WRITER
Witnesses Say Government
Proiited in Exchange
OF Formulas
u. S. SANCTION FOR
DEAL WITH GERMANS

NEW YORK. March 16.-Aftor hear
ing strong testimony for the defense
from such witnesses as Hudson Max
i'm. expert on explosives, and Rear
Admiral William NJ. Folger, former
chief of ordnance of the United States
navy, Judge Mayer. Of the United
States district court yesterday dis
missed the $4,000 damage suit
brought against L. ]. dupont de Ne
mours & Co.. by Charles Jof~son Post,
a magazine writer.
Post wrote several articles publish
ed in Harper's Weekly, in May, 1914,
in which he accused the DUPONT in
terests of giving to German powder
manufacturers secrets concerning the
manufacture of powder for the United
States government. The dupont Com
pany sent a letter TO magazine edi-
tors throughout the country con-
demning the articles and declar-
ing that the editor Of the maga-
zine which published their had be-
come convinced OF their uniairness.
Post contended in his suit that the
letter had injured HIM by prejudicing
the magazines against his work.
The burden OF the testimony for
the defense was that the contract
made between the DUPONT Company
and the United NEUTRALITY-SUSPICIOUS.
Mills in November 1899. was approx
by the United States government;
that the interchange of powder max
ingT f&muas between he American
4
being injurious to this government
was beneficial. as the German compa.
nies were making better powder; that
the United States government had no
secrets TO lose. and that the dupont
companies had always aided the
United States government. even "a
their own disadvantage.
Hudson Maxim declared 70 to be un
true that the smOkeless powder now
in use was the result of experiments
made by the officers working in
United States government laborator
les. These officers. he said, took out
some patents, but these were never
used.
Colonel +. G. Buckner. vice presi
dent of the DUPONT Company, denied
emphatically in his testimony tina
his company had ever been aided II
any way i'm getting government con
tracts by Senator II. A. DUPONT.
Colonel Bucllner told of every ale
te.ng given to government officials b.
the DUPONT Company
"Not only that" said Colonel Buck
ner. but the officers have ottel
taken plans and men when they wish
ed to have them i'm their own plan
and there was no charge for thi
service. either"
"I would like to let this case go q
the jury" said Judge Mayer, "but
never shall hesitate to make a deci
sion myself. The defendant compan,
was charged by the plaintiff in his ar
ticles i'm Harper's Weekly with tn
most disgraceful offence which an
citizen of this country could commit
The plaintin, it has been shown, di
not make a careful investigation be
fore he wrote his articles. And I thin
that they are real men for comm
back at him as they did. They wer
characterized as plain spies for
foreign country.
Judge Mayer stated that the a
ticles written by Mr.. Post were libe
lous per Sc. He added that when Oh
case started he had a doubt abol
whether it would be necessary eve
10 hear the defendants witnesses.
Edgar A. Ryder, Mr. Posts alto
nev. interrupted Judge Mayer, askir
that the judges remarks be put in Il
record
YES indeed, said Judge Maye
and thereupon he repeated his stat
mcnt TO the stenOBrapher.