The Hartford republican. (Hartford, Ky.) 18??-1926, 1919-10-10
HERNDON TRIAL FOR
LIBEL IS POSTPONED
Special Judge Asked For
Does Not Appear At
Russellville.

Russellville, Ky. Oct. 6.-One-third
of the legal talent of surrounding
counties, and as many residents of
Logan county as could fill the court
house. waited in vain at Ruselville
this morning for special judge to try
the charges of criminal libel against
the Logan County Press Company,
for which A. NJ. Herndon and j. +.
Logan, editors. and Mrs. A. NJ. Hern-
don were indicted by the June grand
jury.
when the case came before the
Logan Circuit Court. ten days ago,
II was set for October 6 in order that
Gov Black would have time to desig-
nate a special judge. Judge John 5.
Rhea being unable to try the>charges,
because they were filed at his in
stance.
The Indictment charged that an
editorial in the Russellville Messen-
ger accused Judge Rhea of Immoral
ity. dishonesty, misconduct and unfit
ness" Commonwealth Attorney,
James II. Mallory this morning was
assisted by Commonwealth Attorney
Denny F. Smith, OF the Hopkinsville
District.
Hubert Meredith Chief Council for
the Logan County Press Company,
declared his defense would be that
the charges OF immortality" dishon-
esty, misconduct and unfitness" were
true.
After waiting until 10 O'Clock for
the appearance of judge, attorneys
for both sides went into an ante room
to try to designate some one present
who would serve.
After a-short conference it was an
nounced the attorneys were unable 20
agree and the case was continued to
the February term OF court
When tho indictment WIS returned
Mr.. and Mrs Herndon and Mr. Logan
were arrested. but refucod TO give
bond until an officer of the publish
ing company insisted, because Of Mrs.
Herndon being in i'll health. Upon
her release from Jail Mrs. Herndon
tainted and for time was in seri-
our condition.
Anonymous Letter Received.
1t was brought out yesterday that
Just after the appearance of the of
Tending editorial Mrs. Herndon re-
nos,,aI IN apnuymomc lattpr
Although no word has been receiv-
ed from Gov. Black in regard to the
appointment of special Judge, re-
turn card was received by Attorney
Meredith showing that a registered |
letter requesting the appointment was
received at the executive mansion in
Frankfort.
His letter to Gov Black follows:
There is pending in the Logan Cir
cult court prosecution for criminal
libel in the name and style of the
Commonwealth of Kentucky versus
the Logan county Press Company,
corporation, A. NJ. Herndon, j. f. Lo-
gan and Mrs. A. NJ. Herndon.
Judge John S. Rhea is the chief ,
prosecuting witness and refused to !
try the case and caused that fact to
be certified to you by the clerk of
the Logan Circuit Court to the end
that you might under the law des-
ignate another judge to try this case,
which is set down for trial on Oc-
tober 6, 1919. We are advised that
thus far no Judge has been desig-
mated to try this case.
ut is being talked on the streets
In Russellville, and folks are offering
to bet, that no Judge will be sent to
try the case on the 9th of October. /
nor until after the November election
Is over.
or course | do not know what
these prophecies are based upon.
only know that they are being made.
j am bringing them to your attention
in order that you may have full OPP
portunity to disappoint these prophets
and to prove their prophecies false.
DEMANDS PUBLIC VINDICATION 1
Permit me to say further that the {
defendant, Mrs. A. NJ. Herndon, is |
most elegant lady, and that she has
been very grossly mistreated. Not
only has she been improperly charged
with crime. and put in Jail. but she
has been annoyed with an anonymous
letter OF the very yilest sort
This little woman is entitled to
speedy public trial and an opportuni-
~ 20 establish her innocence. which
she Is well prepared to do. She Is
demanding and insisting upon this
ht. Political capital must not be