Omaha daily bee., 1919-11-18

murrer having been overru1ed, I will
now proceed to take advantage OF
the third and last right this de-
fendant has, that of making the an
swer' and pleading the truth of the
article. and justification for its pub
! lica ton"
He produced the document and
laid it on the railing before him.
Il will explain that | have pre-
pared the answer in advance, not
knowing of course what the ruling
of the court would be, but merely
through an abundance of caution to
save the courts time, in case the
other defenses should prove to be
of no avail"
Attorney Shotwell's Comment.
Attorney Shotwell at this point
leaned over and remarked with a
smile:
"Connell is fox. all right"
In the answer Attorney Connell
stated that the defendants denied
every allegation and statement made
in the information, and every con-
CT sion expressed therein upon the
&C. complained of in the publication
Of the article in The Bee.
His answer admitted that The
Bee is a corporation publishing
newspaper, The Omaha Bee, and
that The Bee on Sunday morning,
November 9, 1919, published the ar
ticle named in the information, re-
lating to Captain Haze and the
acts of the police department.
"And we claim justification for
the publication" said Attorney
Connell, "on the ground that every
allegation made in that article was
the truth, and a correct statement
of facts and conditions referred to
or complained of on the part of
Police Captain H. P. Haze"
"We submit. that under the con-
stitution OF this state the publica-
ton was justifiable," said Attorney
Connell. THE acts of the police de-
partment and of Captain Haze con-
stitute matters of general public
interest and concern, 1t was merely
in the exercise of its right under the
constitution to publish matters of
general interest and concern to the
public that the aricle in question
was written and published. The
paper is responsible only for the
abuse OF this right to publish such
matters, and the article complained
of. and upon which this information
is based, does not constitute such an
abuse. 1t was the truth published
from a good motive, and therefore
justifiable, which is a sufficient de-
fense to the information as drawn.
Shotwell Finds Something.
Attorney Shotwell appeared to be
taken by surprise by the filing of
the answer and read it over.
as the county attorney ready to
proceed" inquired the judge.
II think l shall have to have a
little time" said the county attor-
ney. This answer denies the re-
sponsibility of the defendants"
"The answer speaks for itself"
remarked Attorney Connell. ut is
square utIlldl Ol dll lHe dicS Sdtloil
in the information, and if the coun-
ty attorney resists it, we shall have
to ask that he produce his proof"
"Then the state will have to prove
that Defendant Rosewater is editor
of The Bee" said Attorney Shot
we'll. 81 shall have to have time"
"How much timer" queried the
court.
Attorney Shotwell hesitated.
"The court would remark" con-
tinued the Judge, "that it would not
like to waste any more time OF the
jurors than necessary"
1--WE are ready right now, this
afternoon, tomorrow morning, or
any other time" announced Attor-
ney Connell for the defense.
Il might be ready by g." said the
county attorney. "If | cannot be
ready by that time l will notify the
court at noon."