The sun., 1919-05-14
Words Definition as Applied
L by Chicago "Tribune" Sub
7 ject of Long Wrangling.
:.COURT DECISIONS CITED
Judge Reserves Decision on
v Shutting Out Evidence as.
to Preparedness.
Special Despatch to THE srx.

G suit against the Chicago Tribune for
: what he asserts to be libelous edito-
{, rial r;.oiished nearly three years ago.
4 They are equally firm in their inten-
( lions to prevent the acceptance of any
person who took an active part in the
Nowberry-Ford Senatorial contest last
autumn.
At the close of four and one-half
hours work to-day the selection OF
jury was far from being completed; in
d, fact but little Roadway was made dur
&, ing the day. Much wrangling was in
dulged in by the attorneys. and 1t was
no rare occasion to nee three or four Of
them on their feet, and the sound of
. Judge fuckers gavel was frequently
heard
= One big legal argument that looms is
the contention over the limit OF the tes-
timony. The Ford attorneys have
served n trial brier' on opposing forces
which sets forth the claim that the trial
should be restricted to the simple and
direct issues of the charges of libel
The plan Of the campaign of the Trtb-
4 aSo's attorneys, however, is on broader
lines. for their plea of defence involves
an explanation of the whole general con-
ditions in the country which produced
the situation on which the editorial was
based.
Trying to Narrow Issues.
4 Judge Tucker has not yet announced
1 when he will decide on the Ford brief II.
support of narrowing OF the tissues TO
the mere fact that Ford was designated
as an anarchist. The Tribune attorneys
have taken testimony on both sides of
the Atlantic and, brought witnesses from,
1 abroad. In addition TO assembling vast
wxla Of
! view to going more deeply and widely
into the controversy. II Ford should
win this point 1t would be expected TO
shorten the case several weeks.
4 The examination OF prospective jurors
\ continued throughout the day, and each
one was asked: Are you an anarchist"
DO you belong to any political club?"
1 and Were you in any way interested In
the Ford -Newberry Senatorial fight-
During the morning hours Elliott u.
Stevenson. attorney for the Tribune, read
q United Statas decision defining anarchy.
1 The plaintiffs counsel put up a vain OBJ
\ lection, and after II had been read ana
explained to the prospective jurors n
remark from Attorney Lucklng drew
from Mr.. Stevenson the announcement,
that the Ford forces need not be at all
mistaken about what the Tribune meant
In Its editorial.
I'VE will prove that Mr.. Ford was an
anarchist: We are here to prove that he
was an anarchist at the time that this
article was published, an anarchist in
the sense that l have outlined. an an
archist in the sense in which this edito-
rial was written. an anarchist in the
sense In which the readers of this paper
would understand that It was used.
from what was said In the pal per and
what preceded It. this being the culmt.
nation of a long discussion on this sub
tect"
Cites Ford's Talk to Employees.
"If you can prove that Mr. Ford Is an
anarchist, that is proper thing" said
Mr. Lucking.
I'VE will prove IT," said Mr.. Steven
son. TT Is the claim OF the defence
that when that editorial appeared 1t was
necessary that men should be encour-
aged to aid their country, and that Mr.
Ford took a stand before his employees
which was inimical to the best interests
of the country and that in that sense
Mr.. Ford was an anarchist. We are not
going to show that he is a bomb thrower.
but we intend TO show that in the sense
Of the definition OF anarchy he Is an
anarchist"
Mr.. Stevenson opened a volume OF
United States Supreme Court decisions.
we shall read some definitions of
anarchy, he declared.
Il submit that this is not proper
form of argument" interrupted Mr..
ucking.
I'VE have the right TO show TO the
Jury what we are going to prove as our
defence" said Mr. Stevenson.
THE higher courts have ruled that
whatever kind of anarchy II may be airy
person guilty OF It is not a At person
TO enter the United States" broke in Mr..
Murphy
The court permitted Mr. Stevenson to
read the decisions. The last one was:
g-"Anarchy Is an absence OF govern
ment or an insufficiency of government
in the sense that Mr.. Ford was try
ing to cripple and make insufficient the
Government, the defence in this case will
prove that Mr.. Ford was an anarchist.
said Mr.. Stevenson.
Ford Counsel shout Objections.
Attorneys Luclsing and Murphy were
on their feet shouting objections
THE defence claims, that In the writ
ing Of that editorial" Mr. Stevenson be-
gan again.
at makes no difference" shouted Mr.
Lucking, what may have been that
view This case Is TO be decided on the
understanding OF that editorial as OBJ,
tained by the persons who read IL, and
not by the views of some scholarly in
dividual In the secrecy OF an editorial
sanctup. II is not the sense meant but
the sense conveyed that Is the criterion :"
I'm the sense outlined" said Mr. Ste
venson, the sense that any man whose
acts have tendency TO cripple the Gov
eminent is an anarchist. we shall prove
Mr.. Ford an anarchist, and we shall
prove that not only in the writing OF
that editorial but that In its understands
ing by the public, viewed as the culmi-
nation OF long series OF articles which
were read by the same reading public, il
was such an anarchist as has been de-
fined that was portrayed"
It's all right TO prove, but not ut this
time" said Mr. Lucking, land II does not
matter what kind of an anarchist IL
meant. The United States Supreme
Court has ruled that no matter. what
Kind OF an anarchist q man Is he is unfit
20 enter this country"
II am quite familiar with that casa
and It says nothing of the kind" said
Mr.. Stevenson
Il am quite familiar with the case
TOO. and that Is what 1t says. 1t ia the
case you have just been reading from
MT Lucking demanded that he be per
United TO see the book While he NaI
looking for 1t, Judge Tucker listened n
the stenographer read the last question
put TO talesman.
The Judge ruled that Mr. Stevenson
might put the defenses theory of IN,
case before the jury and he asked ,
Juror:
DO you think that in view of thes,
definitions Of anarchy, you can Judge tn,