Evening star., 1927-03-28
FORD 0vERRULED
TWICE IN COURT
Judge Permits Amending of
Sapiro Complaint and
Denies Mistrial.
BY the Associated Press.

BY the Associated Prese
DETROIT. March 2s.-Amendment
of Aaron Sapiro's declaration in his
81 900. 900 suit against Henry Ford
was permitted and a mistrial denied
In a ruling this afternoon by Federal
Judge Fred NJ. Raymond.
The Judge also held inadmissible as
evidence Sapiro's' letter to Ford de-
ma manding a retractien Of approximately
l4l alleged libelous statements made
in articles printed I'm the Fordowned
Dearborn Independent.
"If this amended complaint ia ac-
cepted we must ask for a mlstrial and
that the case be taken from further
consideration of the jury" asserted
Stewart Hanley of Ford counsel in the
morning session.
Precedents Are Cited.
He maintained that In addition to
the alleged libels having been laid be.
fore the jury in opening statements
and testimony. Sapiro could not prove
them libels because of incorrect state
ments of innuendO and insufficiency
of allegation
Hanley quoted at length from pre-
cedents. although in making his ten
tative decision to permit the amend
ment last Thursday Judge Raymond
cited precedents to show that such
amending was permissible.
The court took the motion to re-
fuse amendment under advisement,
stating he would announce a decision
at pm.
Hanley said he did not believe the
court should look in a friendly man
ner on the amended complaint, filed
by the Sapiro counsel. The amended
declaration was temporarily accepted
last Thursday and held for permanent
disposition today. 1t was no time,
he said, after two weeks of trial to
try to change complaint.
Address Is Short.
None Of the charges was passed
over by the plaintiff said Henry
when the plaintiffs made their open
ing plea.
William J. Cameron editor of the
claims injured his reputation by a
series Of articles) was examined under
the original declaration.
1.-The plaintiffs came into the case
asserting they were satisfied with
their declaration said Hanley, ''and
we object to any change now because
different issues were raised and many
irrelevant charges are made more ir-
relevant"
Hanley addressed the court only
briefly and william Henry Gallagher.
posed amendments as restating and
clarifying the issues In connection
with the courts suggestions.
None OF the charges of libel was
changed. he declared. the document
merely being shortened.
Jury Is Recalled.
The jury was recalled and the trial
proceeded after Judge Raymond an
nounced he would make a decision
this afternoon. There is no state
ment of facts In this case" contended
Hanley when he again faced the
court. He insisted that such a state
ment was absolutely necessary under
Michigan law. which applied In the
Federal court.
Gallagher had argued that the law
had been changed In 1915. but Hanley
referred to the loosely drawn declara-
ton" and said that the changed law
was not applicable.
Interpreted language is not state
ment of fact" Haniey said.
Senator James A. Reed. chief Ford
counsel, called the judges attention
to the fact that. as he saw it. the
parts of the declaration eliminated
were, in substance, the same as those
allowed to stand.
Gallagher concurred in this and
said:
"In other words your honor we are
proceeding on the very same issues"
lind Mod T.
Black, business manager Of the indie.
pendent. resumed his testimony, be-
gun Friday.
Finds No Free List.
Black denied that the Dearborn In
dependent had free list" as he tes-
titled last Friday. He said search of
the files had failed to produce such a
record.
When Sapiro counsel sought to as
certain the method of paying the In
bills an exchange devel-
oped the statement by William Henry
Gallagher. chief of Sapiro's counsel,
that "the Dearborn Independent is
not and never was a paying PROPOSE
ton" and that 1t was kept alive only
by contributions from Ford, who used
the Ford Motor Co. as the channel for
such contributions.
This made Ford responsible for the
Dearborn Independent. said Gallagher.
Senator James A. Reed of Missouri,
chief of Ford's counsel, objected to
Gallagher's statement as made only
to prejudice the jury and Judge Ray
mOnd warned the six women and six
men not to consider the statements
1t was one of the few times of the
trial the jury had gotten in on any
inside information. and the dozen men
and women leaned forward highly in
Personal Disregard.
Black testified that letters addressed
to Henry Ford personally were opened
by the general mailing desk. IF they
pertained to business matters of the
Dearborn Publishing Co. the letters
were turned over to him. Black said |
If the matter was editorial. it went !
to William j. Cameron. editor.
I'VE do not recognize personal
mail" Black said.
One of the women jurors took short. |
hand notes during the argument.
Many Foreigners Present.
A large number of foreigners and
two negroes were among the spec
tators today. A man i'm blue overalls |
and brown sweater occupied q front |
seat.
Only six women got to the morning
session.
The trial halted while Gala CHER
reached through piles OF letters for
some he wished to introduce and
passed them to the Judge, who
scanned them amidst a tense silence
as the minutes dragged by.
"Mr. Black. you referred to +. G..
Ieibold tpersonal secretary to Hen
ry Ford) as the general manager OF
the Independent Publishing Co.; Is