Evening capital news. (Boise, Idaho) 1901-1927, 1919-11-05

tnOuBHt ue iHust nave peen MI. OsHAre.
Mr.. Bissell explained that It was
North Dakota to Boise to testify ma
that he would ask the jury to bear
WITH him while he read the deposit
tons bearing out The testimony a. he
outlined 1t, which acts upon the part
Of McKaig, he stated, led Mr.. Good
ing to believe he was printing and did
print the truth about McKaig.
Karl Paine, representing the States
man Printing company, read to the
jury In full the so-called libelous adj
vertisement and called the attention
OF tbs jury that as party defendants
they were there announcing the state
ments were true as contained In the
advertisement and would show. first.
that the first meeting of McKaig with
Kate O'Hare was a self Introduction
and second that they expected to prove
the organizers OF the Nom Partisan
League were the kind OF men. it was
said they were. socialists and I. w.
VS. F'usther, he stated, it would be
testified to that even after the publ
cation of the advertisement, McKaig
had made statement that the States
man was the fairest paper In the state
but was brought into the suit in order
to prevent Governor Gooding from get
ting a trial in his own county.
RULING ON EVIDENCE.
The plaintiffs motion to strike GER
tain portions of the evidence relating
to the heads of the Nom Partisan
league being socialists unless shown
upon certain dates, resulted In Judge
Mccarthy sustaining the motion to
strike as justification" references to
the point in question as far as social
lists We're concerned, but denied all
nfh ut tn ctr n.
swer, thus holding that evidence show
ing that leaders and employees OF. the
Nom Partisan League had socialistic
tendencies would be admissible evil
depce as mitigating circumstances"
DEAL TESTIFIES.
w. w. Deal of Nampa, master of
the Idaho State Grange, was the first
witness of Importance called by the
plaintiff. He testified that he was a
Methodist minister, that he first met
McKaig three years ago at Washing
ton, when attending session of the
National Grange and that he invited
McKaig to come to Idaho to attend a
session of the Federation of Farmers
clubs The witness told of the or
ganization of the Non Partisan League
and testified that McKaig was a lee
turer for the National Nom Partisan
League. Some amusement was occa-
stoned when under cross examination
w. G.. Bssell asked Deal was he a
minister by vocation and a farmer for
recreation. He answered he might be
considered such. Asked as to who
paid the salary OF Mr.. McKaig to
come to Idaho, the witness answered
that if he was paid, he suspected his
salary came from national headquar-
ters. He was also asked what the re-
lationship was between the state or
ganization and the national n. p. L..
and answered that 1t was naturally a
party.
Efforts were made to introduce a
book containing report of Mckaig to
| the National Grange as master OF the
| North Dakota Grange. Its introduc-
ton was objected to by Karl Paine
az being immaterial and an issue en-
| tirely outside of the state. Judge Nc
Carthy took the matter under advise
ment, announcing he wished to reat
that portion sought to be introduced
TESTIMONY OF FRENCH.
| Fred E. French of New Plymouth. {
| farmer for years, secretary of The
Grange for several years, also secre
tary of the State Federation of Agri
culture, member of the Nom Parti
san League and member of the stat,
committee. was called by the plain
/
with McKaig of his being lecturer
| for the League since coming to Idaho
| that he never knew of McKaig EN-
ploying an organizer for the league
Asked by kessler If he had heard an.
of the addresses made by McKaig dur
ing the war, the witness replied tina
he had and that McKaig had urget
loyalty.
Under cross examination, the wit
ness was asked IL he knew tina
| Townley, and LaSuer were socialist