Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-03-21

there is any trip you must take 10
gather the facts, so ahead, and SEND
in the expense account to us. ne
lieve that you have an opportunity 10
do considerable 'chronicling Of the
neglected truth in this case. | don
remember much about the convict
story now. If you want to send II
back, / imagine we can place 1t.
Very truly yours,
THE Dearborn Publishing Co.
III. w. Roland, Editorial Depart
meat"
Hanley Argues for Defense.
Gallagher told the judge that the
formulating of a mere conspiracy had
been held 10 be more heinous than
the actual commission of a crime.
For the defense, Stewart Hanley
argued that publication of the ar
ticles did not allege an action by the
Jewish race or by an lndlVldual repre-
senting the Jewish race.
Our theory is that he is the same
as an individual of any other race.
he said, turning and Glancing at Mr..
Sapiro.
Malice covers broad field"
Hanley argued, proceeding to elaborate
lenGthily.
Speaking of the extent and scope
of evidence of libel TO be introduced,
Hanley said this was case brought
bv Aaron Sapiro only and not by
Sapiro and the Jewish race.
mo evidence to show malice against
the plaintiff should have a place I'M
less within the period covered by the
publication of the alleged libelous ar
ticles," he declared.
amy attitude toward the Jewish
race reflected in publication prior to
or after the libels charged have no
place here"
Extent of Evidence.
you intend to introduce evidence
merely covering the time of the ar
ticles charged as libelous?" asked
Judge Raymond of Gallagher.
previous to, during and consequent
to-" replied Gallagher. and read nu-
merous decisions to strengthen his
contention that it was his right
Court recessed with the arguments
Judge Raymond announced that
hereafter court would convene at $50
a m. and rise for lunch at 1870 pm,
resuming at 2 pm. and running to
at 4:30 pm.
Actual malice in the heart of Henry
Ford governored publication of the
articles the plaintiffs counsel told
Judge Raymond in an argument over
the admissibilty of evidence.
There also was malice in the heart
of Cameron and on the part of the
Dearborn Independent, he said. He
charged they entered into a conspiracy
and were equally guilty conspirators.
Jury Sent From Room.
The jury was sent from the court.
room at the opening of court and the
attorneys began delving into musty
tones brought in by the armload as
they reeled off precedents for ruling
both for and against evidence, which
would bear upon the double jeopardy
of Henry Ford and the Dearborn In
dependent. as set out by Gallagher, or
the inability of the jury to assess
punitive damages against one defend
ant because of wealth, while fixing the
forfeited payment of the other and
poorer at a lesser figure.
MIR. Hanley, of Ford's counsel, in.
sisted that Gallagher formerly had
committed himself to the condition
that if malice on the part of both Ford
and the publication were not proven he
would expect no verdict In the one
case or the other.
Gallagher, replying through state
ment to the court, insisted that he in
tended not only to prove malice on
the part of both, but conspiracy as
well.
Sapiro, city born and bred, alleged
that his reputation and income as an
organizer of farmers cooperative
organizations, was injured to the ex-
tent of the amount claimed, 81 900 900.
H. -
lance as evidence OF a great stack of
records and copies of each issue of the
Independent since it came into pos
session of the Ford family.
Cameron was on the witness stand
when court adjourned last Friday and
was called at the opening of court to-
day. He failed to respond, however,
and Hanley requested that the jury
he sent from the courtroom while the
legal points involved were discussed.
Mr.. Gallagher said the fact a man
was wealthy was no ground for
charging malice, but wealth or re-
puted wealth gave weight to a mans
words.
IF Henry Ford were guilty Of NAL
ice for publication of articles he could
be sued and judgment rendered" said
Gallagher. IF the publishing com.
pany were guilty it could be sued and
damages collected. And if both were
guilty of malice. a verdict could be
obtained against both"
You intend to prove a joint NAL.
ice?" asked Judge Raymond.
Yes. a joint and individual malice, :"
said Gallagher. Henry Ford and the
Dearborn Independent are one and
the same az to policies"