The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1922-09-27
PAGE IS WINNER
IN DAMAGE SUIT
Jury Takes One Ballot; (;
Finds Cole Not SLAM
dered by Remarks
NO MALICE IS FOUND
Much Contradictory Testi-
mony in Case Involving AL
legged Slander of Cole

After 10 minutes deliberation the
Jury in District Judge Redmond s.
Coles court returned n unanimous
verdict In favor OF Charles Page.
sand Springs philanthropist. and
aga.nst Charles l.. Cole. former
page employe, who brought suit
against Page for $4,000 damages
Tor slander. The jury retired at lO;20,
took one ballot. and reported at
1880 o'clock.
Because of the pressing desire OF
g.. q. stuart. one of Pages attorneys.
to be in federal court at Muskogee
wednesday morning. night session
was held Tuesday night, at which
The trial was finished and the jury
discharged.
Insufficient Evidence.
In the instructions to the jury the
court pointed out that unless II was
proven by n preponderance OF the
evidence that Page made tho al
legged slanderous remarks about Cole
with malicious intent, no damages
could be awarded 10 Cole.
Pages attorneys, In their argu-
ments insisted that Page told Miss
cora Beachamp, Coles fiance, and
her mother Mrs. Ella Beachamp, OF
Coles confinement IN the penlten-
tiary and OF his alleged desertion Of
his wife and two children, TO pro-
tcct Miss Beachamp.
The plaintiffs principal allegation
was that Page overstepped the
bounds of privilege In giving this ad-
vice and demonstrated he was ac-
'uated by malice toward the plain
TIFF
Much Contradictory Testimony.
\ large amount OF contradictory
testimony was brought out by re-
buttal witnesses for the PLAINTIFF
against the testimony previously in
tr0duced by witnesses for Page
on the stand Monday Paul Pink
srton, one Of Pages attorneys and
also city attorney of Sand Springs
denied he had ever stated that Coles 5
suit was meritorious and that It was
hard TO answer because 1t Is the
truth"
Frank w. Ross. deputy court clerk,
told the jury positively Tuesday,
Pinkerton stated while in the clerks
office several months ago that II
hardly know how TO answer Coles
petitlon--it Is the truth and it's hard
TO answer, but I've got to fix 1t up
to suit the old man." Several wit
nesses testified that Page is COM
monty referred TO by his employees
as the old man" and the boss"
V. c. Schiefelbusch, former post
master at sand Springs. and an al
legged appointee or Page, testified
Monday that shortage occurred in
the Office in 1920 and 1921 while
cole was allowed behind the parti-
ton. On the stand Tuesday II. H..
Snow, present postmaster, stated a
search OF the previous postmaster s
records revealed no shortages.
"Under Nc obligation"
Irwin jeter. sand Springs CHIEF
OF police, who recently signed an
information charging Cole with vaG-
rancy; who few nights ago struck
Cole and then signed an information
charging Cole with maKing SANDER
oUs remarks against his wife: who
has been seen frequently in company
with Detective Maxey Pages private
detective, told the jury Monday that
he is under nc obligations to Page.
on questioning. he admitted that
Page Is now on his bond for $50,
000 on n murder charge,
b. W. Stratton, testifying for Page
Tuesday, said Cole had frequently
tried 10 persuade him while they
worked together in the Sand Springs
supply house 10 work together to
defraui Page out of money right
fully due him.
on cross examination Stratton
stated he is an eX-convict paroled
through Pages efforts.
"On what charge were you sent
10 the penitentiary? he was asked.
Train robbery" he replied.
He's High Glass Crook"
on further questioning by attor-