Omaha daily bee., 1919-11-20

empting comment of all trials in
progress.
The decision read:
"A newspaper may publish fair
report of the testimony in any case
on trial. even though it be prohib-
tied from so doing by court"
How About Other Jurors.
How about the other IA grand
jurors wEo might have heard what
Mr.. Moore said in the grand jury
room, and who were not called,
after two of the grand jurors for
the defense had controverted the
testimony of two grand jurors for
the prosecution?" demanded At
torney Cornell, in discussing that
phase of the case. 1.-Two of the grand
jurors, one of them with what he
called a wonderful memory, testi-
fed to words they said Mr.. Moore
used in the grand jury room, but
neither of these two grand jurors
agreed exactly upon what words he
had used. Two other grand jurors
were called and these testified to
something entirely different Now,
there were Ia other jurors in that
room. They were within call of the
county attorney just across the hall,
and under his jurisdiction. He could
have called them. At moment of
such importance, why did he not
call those other IA men and get the
matter cleared up? How did it come
about that only those two particular
grand jurymen were called, and that
the state ceased its efforts when the
defense had gotten two others who
denied their statements?
Were After Rosewater.
Continuing, Mr.. Connell said that
the whole basis of the prosecution
was an attempt to get" Mr.. Rose
water.
"He is the chief subject in this
whole controversy" charged the at
torney, "and is the cause of this
prosecution. There has been an at
tempt to prevent Mr.. Rosewater
from publishing these articles expos
ing the alleged conditions in the
police department, and from con-
Quoting his paper in the interest of
the public. by exposing to the public
those things about which they
should have knowledge"
Contempt in Dark Ages.
Beginning his argument for the
defense, Attorney Connell said:
There has been continuous ad-
vancement from the dark ages, when
a man accused of contempt of a
court was Immediately tried. con-
demned and taken out and ham,
strung or burned. We have de-
veloped from that time. Along with
this development of man has come
a development of the rights of the |
press.
"All I can see in this case is a |
far-fetched conclusion, that some
mar among the 100000 or more peo-
pc in Douglas county might read
this article, and at some future time,
and stretching possibly into months,
might possibly be called as juror
ard be influenced by the article he
had read. How long is a case to
pend in court before a newspaper
car handle it? Some cases pend
10 or IL years. The constitution of
the state of Nebraska and of the
United States guarantees the free
dom and liberty of the press, max
irg it responsible only for the abuse
Of its power" |
Property of Court.
Summing up the case in announc-
ing his decision, Judge Redick said:
"a case pending in court is the
property of the court and no out
side agency, including a newspaper,
has right to try that case
so far as this proceeding is con-
cerned, the question here is whether
or not this article, regardless of any
of libel, has tendency to
impede the court in carrying out its