The Idaho recorder., 1922-05-26
SMITH-MELvIN LIBEL
ENDS IN ACQUITTAL

The jury in the Smith Melvin libel
trial returned verdict yesterday af-
ternoon aequitting the accused. Judge
Adair received word in the morning
from the jury room that the body had
agreed to disagree and he called the
jury back after the noon recess TO ex-
press the hope that still there might
be agreement reached. There was
earnestness evident in what the judge
said, to the effect that he would send
them back in the hope that the differ
enees might be composed as some
thing much TO be desired. As in all
the other proceedings of the long trial
the court avoided any illusions that
might be construed into the slightest
deviation from Judicial propriety,
even noting an exception for the de-
'fendant in the absence of his attor-
ney, who had left Salmon for his
home at Wciser.
The verdict was received with IA
general feeling in the community that
after the trial better conditions
among men in their personal and po-
Iitical relations may and no doubt will
ensue.
In view Of the personal feelings and
hatreds displayed and the resourceful
agencies at work TO secure conviction
il is not TO be marveled at that the
jury was not deadloeked for a longer
time. The matter at Issue was
whether or not The Recorder mad lib
eled one man in particular as charged
f. in the information, but il came about
THAT its editor was called upon actu-
ally 10 defend himself on other
charges brought by half dozen 9TH
ers besides tie aggrieved witness,
who do not like the course pursued
Thy this newspaper during the past
years. One witness admitted on cross
examination that he didn't like Il be-
cause of its criticism of the sale of
county bondc and road contracts four
years ago; another that its criticism
of the election fraud last year was
/ wrong; another had 10 admit that, be-
/ ing a city official who allowed the
! complaining witness to take over city
money without bond, did not like the
/ papers criticism in connection there
with and so through the list. Against
not one of these people had the paper
ever expressed animosity of any sort
but their own feeling in the matter
vas manifest. About the most griey-
Gus charge was that brought by an
other witne s. that the paper bad crit
icised fraternal societies when as a
matter OF fact its only criticism in
that connection was directed against
the professional politicians therein
Z who sometimes used the lodges 20
promote selfish ends. But in spite OF
all this effort the conviction desired
failed.
! II we could inject little more Of
{ the true fraternal spirit into these
+ small town controversies We should
I then be- able 20 drive out the personal
animoSities that have been engender-
ed by the absence Of that spirit. 1t
should he said Of The Recorder that
while naught has ever been set down
7 in criminal malice or III will, yet at
i times, smarting under wrongful ae-
cusaiions and recriminations as in tho
instance Of he charges in connection
with the alleged criticism Of the fra
ternal societies, its editor may have
used language strong AMI harsh, and
the interest OF the public peace
/ In this connection il is we'll that no
I details here be given OF the long and
wearisome trial 10 again rub the fur
/ the wrong way. The jury. which was
made up from the regular panel ex-
Icept as 10 one talisInan drawn from
] ia special venire, Was as follows:
! Charles x. Mendenhall. Paddy Glen
non. John Bundy. William Wallace,
Melvin A. Harmon, John X. Rodgers.
Frank ]. Edwards. Charles w. Cock
rell. Jr.. L. n. Allison, Ernest Noble.
Harold BShm and Joseph d. Robert
son, the last named being the tails
: man drawn from.
The court room was at no tire any
thing like full Of spectators but the
public interest was widespread among
( taxpayers. The cost Of the abortive
trial will be put upon the tax payers.
! A verdict Of acquittal was returned
, by the jury within tWentyfour hours
after retiring, eleven Of the panel
Z signing the document AM one dis
ecntlng.