Daily Wabash Express, Terre Haute, Vigo County, 1 January 1884 — Page 1

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k"-. \Y

THE BAUR ftASE.

Long Day of Examination of Witnesses in Spite of the Plalntiff^.S^::^

Continued and Persistent Otlpction to All Questions Asked by the Defense.

The Court Bules Out Many Proffers of Testimony to Prove the Charges in the Bebuttal.

Testimony of the Chief of Police and Mayor Armstrong as to the "General Rumor" on the Day.

Cliatiea Baur, the Plaintiff, Pat Upon the .Stand—A LODR

You are the defendant, in

State

AND

Interesting Story from

•V" .. Him. A^V-vr:.,.

this acfr*

'. lion? A.—Yes, sir. I will call your attention to the date "of the 17th of May last, and the 18th of"May, and so on. I call your attention to the 17th of May, and the lSlh of May, and 20th, and I will ask you,

I will first ask you what time is your paper published, or was it lasf May A.—It is published as^a morning paper, between four and six o'clock.

Between four and six o'clock? A.— Yes, sir, between four and six o'clock it is issued from the press. ""J |jp||

I will call your attention to the issue of your paper of the 18th of last May, and ask you if you recollect at what 'time that number was issued from the press? A.—I do not recollect exactly. I presume between tour and six o'clock.

to the jury whether the issue the 18th is the num

4^ is brought? A.—It is.

ausnonutJBj »uu

The court room was not overcrowded yesterday morning, when the case of Charles Baur vs. George M. Allen, suit twelve hours before the Express went for damages by libel,'was called, but to press-had scattered this report broadcast all over this city. there was no vacant room, and soon after the seats were all filled, and many persons were standing leaning over the railing that enclosed the desks and seat? alotted to the bar. At the after-

noon session of the court the room was

crowded, and when an adjournment Duenweg. By the circulation in the

was taken until Wednesday morning there was barely standing room. Chas. 'Baur, the plaintiff, was on the stand, still under direct examination, at the hour of adjournment.

The following is the official report of the day's proceedings:

At the opening of the court-yester-terday morning Judge Scott was asked to decide whether or not the last question propounded in Mr. Duenweg's testimony should be allowed. The judge said: "I think it is not competent testimony," after which counsel for the defendant said: "We propose to show by Duenweg that he went to

the office of the defendant's paper, the Express, and stated to them all the matters ,set forth in the publication, declaring that they were the true statement of fiie case, and that we propose to follow it ffp by the evidence of the defendant and show that he, at the time he published this statement, believed that it was true and published the same in good, faith, believing it to be true, and to follow it up by showing that he had information from the chief of police and other sourceB to the sairie effect. JL

An objection was made to. the question being answered and the court sustained the objection, to which ruling of the court the defendant at -the time excepted.

TESTIMONY OF GEORGE U. ALLEN.'*

Examined by Judge Carlton,, of counsel for the defendant. Mr. Allen, are you editor and publisher of the Terre Haute Express? A.—Yes, sir.

Were you so on the 17th and 18th of last May and since that time until now? A.—Yes, sir.

«f your paper of ber in which appeared the first one of that information to you and when? the articles for which defendant's^git

What is your answer to the question as to whether or not there was such a general rumor? A.—There was.

Sid the general rumor, to which you •allude, name the person spoken of? -Yes, sir,

I will uak you to state to what extent publioity had been given to the rumorjKior to the, issue of your pa* 1 wee raised by counsel for liJJ^Mgiter which Judge Carlton, of wunsSfcte^® defendant, said

We have a rip^to prove that there w** a general rum why we should be denied it. We all understand what the word "general" is and what the word "rumor'? is,- and the law books use the expression as general talk, general report. "General" don't mean a majority. You are

notrequired

to prove what a majority of

thirty thousand people said. As to the meaning of the word "general" and the meaning of the word "rumor" they sufficiently well settled in law. The question now before the courtis to what extent was that "gen*!*! rn-

The counsel for the plaintiff said: fN'The witnesfe has taken upon himself -the burden of swearing that this rumor

w(Bjageneral

rumor. His counsel are

satisfied

with that statement, but

jlgy want to

prove facts to show that

Khe general rumor was public. I do See how

general rumor

ild be publifi. Whenever a becomes general it becomes r- you see the question ounBel presents a proposiia

itself

a solecism. It

«L«S bttint preposterous, comes on staod, a

preHminaty

MUBXIIK

the word "rumor" and the authorities, plaintiff, 1 think you

Gazette it became not only a common rumor, but a universal. rumor It strikes me if we have aright to mitigate it, we have aright to select a degree to which we should follow uj the mitigation. In order to make out matters in mitigation as complete as possible we have a right to show in mitigation, to show the nature and extent of this general rumor that it was not common and general,- but univergal and broadcast in this city.

The court then said: All the matters preliminary to the main question which has been answered by the defendant, were covered by the question prbpounded by them. I think if there is anything of the kind to be brought out it should be allowed. If you have any authority on the subject I would be glad to see it.

Counsel for the defendant said: It Is not alleged that the report referred to is general, nor that any belief or saspicion of it is true was entertained by those who heard it'. It being a suspicion of truth entertained according to my construction of it, it should be admitted.

Counsel for defendant then asked: Mr. Allen, I wilt ask you whether or not there Was a general suspicion that he was guilty, as charged in the. communication.

Counsel for plaintiff objected The judge—Where? Counsel for the defense—In this community.

Counsellor thT3af8t£B6rj)ioceedicg— State whether or not there was a general suspicion that Charles Baur was guilty as set forth in that publication before the publication was made. A.— There was, You say there was? A,— Yes sir, there was.

Mr. Allen—How long a time intervened from the time that you first learned the general rumor to which you allude up to the time your paper was issued? A.—Abuut twelve or fourteen hours.

How long have you been acquainted with Charles Baur? A.—I do not know. 1 have known him eight or ten years, perhaps?

Was there any ill-will between you and him prior to making first publication complained of in the complaint.

Objected to by council for the plaintiff, whereupon the court said: "Although I have some doubt about the question I will admit the testimony."

Mr. Allen answered, "No, sir there was none." Now, Mr. Allen, I will ask you

A-

Whether previous to the publication of the article, the first one in your paper form: I will ask you to state whether uwnnn, the publication which made in tiie general rumor in this community that Express of the 18th was on information received from Mr. Duenweg, as stated to you by him?

first state whether or not there was a

Charles Baur was guilty of

whatwaB

set forth in that publication [Objection was raised by counsel for the plaintiff, which was overruled by the court.]

—1

Objected to by counsel for plaintiff, ruled out by the court, and exceptions

orouKUvi a.—xt io» -.,4 ruitiu uut uy mowuxi, »uu I will ask you to state to the jury made by counsel for the defendant. you heard say a hether previous to the publication of I will put another question, in this an outrage on 1 jp*not know how many.

Objected to by counsel for the plaintiff, whereupon Mr. Mack, of counsel for defendant, said: "In order that we

may have the benefit of any ruling, we

propose to show by him that Duenweg, the father of the. girl, a reputable and responsible citisen, gave him these factB in good faith, which he published on the 18th, said Duenweg believing them to be true, and the defendant also believing them to be true."

MVAMAAA

The above question was ruled out by the court, and exceptions made by counsel for the defense.

By couhsel for plaintiff: Look at that article (article here produced). ME. Allen, do you recollect .it? A "ft-fres, sir.

letit'

the ramor is a Is^iblideci^on ^e has to stand •yondit.

Did you publish" it? A—^Yes, sir. The counsel then read the first sen* tence of the article: State whether you believed that to be true when you published, and whether you had received information as to the fact When it was published?

Question ruled out by court, after which Mr. Mack, of counsel for the defendant, said: Atthe time the defendant made this publication he had been informed by divers responsible

By Judge Carlton—In regard to the publication made on the 18th of May last and the 20th of May last, I will ask the question Whether or not, upon information from others, he believed both publications to be true *t the time they were respectively made. ,,

Objected to by defendant. By Mr.Mack—"We propose to prove iacts aaked in the last ques-

^CWOSS-exaigfaied byxovtiaw pla&ntifi'.

Here several authorities were read Mr. Allen—I do not remember Bya* y,„^ ^e8'**r' support of the argument. whether yon stated a while ago or not by Mr. Lamb Judge Carlton said: The gentlemen that atthe time of the publication that ^Qosei forthe defendant: refer to authorities* and talking about this referred to Mr. Charles Baur, the I 40 not understand you that Hie reier

»w»» 7".

We have a ri«ht to ask Mr. Allen more published in another paper the night

about it. The word "general" is a before. There is a vast difference be- No, sir. very indefiniteord. It does not mean tween the publication of a matter that everybody of "the 30,000 people were has had currency in the community or talking about it, a majority nor a third published in the papers in the com of 30,000. Well then if we may admit in munity and a case where it has never mitigation that there was a general been spoken of before rumor we can show what kind of a general rumor it was. A general rumor might be in the mouths of fifty or ten thousand people. We want to show the character of a general rumor. We propose to show the extent of the general rumor that an evening paper of this city twelye hours—ten or

—j. It incited

made

against a child, and that

began to talk about it and they soon learned that the person referred to was Charles Baur and the child Marie

mad?

he was ready to go to this extent, that ment if you did not, I will ask you You say he *f""

you cannot prove a mere report. We now. A.—No, sir •, asked in regard to general ramors By counsel for the defensor We strictly in accordance with the admit the fact with youthat the publi- thecity? __ law. We asked the witness cation which took place referred to house. whether or .not it was a Charles Baur. We offer in evidence Was this rumor generallyknown by general rumor in this community. Be- the paragraph from the daily Gazette the police force A.—Yes. fore the Express came out on the 18th on the 17th of May. We offer in evihe says there was a general rumor, dence that the matter in Substance was You say that Mayor

Counsel for the plaintiff: It is no

Counsel for plaintiff: Suppose they were allowed to prove that a man on

one

all people in this city to talk about an Charles Baur committed a crime and attempt

By counsel for the defense :. We

fer to

in the city, if any? A.—Chief of police. Were you the chief last May? A.— Yes, sir: from the 9th of May.

Are you acquainted with George Allen, of the Express? A.—Yes, sir. And with Charles Baur? A.—Yes, sir.

And with Eugene J)uenw®g? A.'— Yes, sir,

Express in regard to the trouble be-

tween Charles Baur and Eugenia Duen-

weg's little girl A—Yes, sir

Do you remember the date of the publibation in the Express. A.—I do not remember the date.

will ask you to state to the jury, Mr. Fasig, if at any time before the

whether prior to the making of this publication of the statement in the Exfirst publication in the Express if you press there was a general rumor in had any information of the commission this community that Charles Bam* had of such an ofiense by the plaintiff, and attempted an outrage on Marie Duenif so from whom—who communicated weg. A.—Yes sir.

That was just the afternoon preceding the publication in the Express, was it not? A.—Yes sir.

You had talked with half a dozon people do you think A.—I tallied With Mayor Armstrong and several others at his drug store.

That was following the report? A.— Yes sir, after wie-publication in the Gazette it was probably'6 o'clock.

And it all grew out of the report up there? A.—Yes Bir. It was a report at that time and not a rumor? A.—Well, I don't know the difference between report and rumor

is ha be a re or by

person^ including some of the police Duenweg. A.^-I suppose so. officers of the city, that such an of- Up to the time, now, of the publicafense had been committed, and that tion in the Express all thwe reports osly tmmrn-Mm ixtat arrested by the promise that his father would seod him away. He believed this report to be true at the -time he published it in good faith.

were they not? A.—Not theone at the drug store. That was the first you heard of it, when he came up to the headquarters. A—My authority was from Mr. Duenwej?.

And that

where the thing spread

—.Well that

iB it

Yon talked about it in the* drag store? A.—Well, we talked about it. It was all traceable to that statement made by Duenweg? A.—I do not know as to Mr, Armstrong's statement.

He asked you about it? A.— xes, Sir. 1 think he told me that I«e Harrison had heard it at the Terre Haute house. .What^bi^neM^ Jft ^Aqaatropg enpolitician^now?

trn-mmyOT Iwataw S

that state- iSSSJlS

prove this article in the Daily

Gazette of the 17th of May last was published in the, afternoon of that day to show that it was a paper of very wide and extensive circulation, claiming to be a paper of the largeat circulation of any in the city Of county loud laughter], which bad given to the community all the information before this publication was made and had been generally read by the community, and it was understood to relate to the plaintiff as the party who committed the offence.

Mr. Mack offered in evidence the article in the Gazette of the evening before to show the extent of the rumor, and that it gave them a right to publish it: (Mr. Davis suggested that that could not justify them, as they might sUe that paper after getting through with this). Judge Carleton insisted that this publication and the other information should go to justify

+hem,

and that a paper should hot be held .responsible entirely for a publication without offering evidence Of the source of its informations that under siicha rule, all papers in the country could be each held responsible for any repiort sent by the Associated Press dispatches/and as much so as if the libelous report,if it be such, was* entirely originated by each of them. Judge Scott ruled the .article noL. admissible as evidence, and the defense noted exceptions. ..: '-:Sp......

Daniel Fatlg,

Belng duly sworn, testified tw follows": State your, name to the jury.JSU^« Daniel Fasig.

»J' HUSIiWlWJ WWW J" You say he came to the city offices A.—Yes, sir.

not

occasion said he heard- that

the

the Gazette did publish this article j£ jg not proof, it is all false, if we have without giving a name that everybody

next day he examines it and says

right to prove one we certainly have

aright to prove another. Considerable discussion took place between counsel of both sides, after which the court said "I think this whole matter is given by the testimony already given."

It is a ineral resort here in know." Ices? A.—In the

10 puuvo 1WVV I How many of them are there Thirty-si*.

xxtg aoa JVUJ iJ—

more competent to prove what-a news- the jury if you knew where Mr. Arm inJiin^nal afi*nny ant.

paper says than what an individual gays—either one way or the other. Counsel for defendant: I propose to offer in evidence this. matter published in the Gazette the day before our publication was made.

Cross-examined by counsel for the plaintiff: Do you remember, Mr. Fasig, who the reporters were that you talked to? Woula you know either one if you were to see them A.—I talked to Mr. Joyce, of the Gazette, but it was over the telephone.

You told him wfyat you had heard, did you? A—He asked me if such was true.

You told him about the report, did not you—did not you tell Joyce Umt? A.—I think he asked me. .....

He did that for publication, did he L—I don't know it was pretty late or publication.

Who Was the other One? A.—Mr. Fishback. To what paper does he belong A.— The Terre Haute Express.

In what capacity? A.—He is the editor. He does the heavy work—the editorial work. A.—Yes, sir.

He was connected at that time with the Expirees? A.—Yes, sir. And you told him the same story A.—I told it just as I got it from.Mr. Duenweg in substance. I cannot remember the conversation exactly..

Direct examination by Mr. Lamb, of counsel for defense. You say you talked to Mr. Joyce, of of the Gazette, and Mr. Fishback of the Express tell the jury what you told them. -(Counsel for plaintiff objectedUpd the court stistained the objection-)

What was the icumorthat you refer to in that conversation.? Objection made by. cbunsel for plaintiff, which objection the court sustained

William IS. Bwyer

testifieid as follows: By Mr. Mack State your name to thejury. A. William E. Dwyer.

What official position do you hold in the city A.—A member of the police force.

Were you a member of the police force last May? A.—Yes, sir. Do you remember tiie occurrence Of the publication with reference-Jto .the

aniel rasis. ine puijui»uuii wiwi icinioutcjm. ,«»uw What official position dp yon hold State whether or not in, addition1 to one Charles Baur? A.—Yes, sir.

Do you remember that publication in the Express as seeing it,? A.—Yes, sir, I think 1 read it.

iKoon are the same gentleman that was on the Cross-examined by counsel for the stand before, and yo^ stated that you

plaintiff. How many people, Mr. Fasig, had Duenweg? you heard say that he had committed -I do

Haifa dozen? A—It was the general talk among the city pfficials and some outsiders.

Do you mean among- the police? A.—I mean in the' city offices generally.

That came from the fact that Duenweg, the father of the girl, came up

there?

fn Kir Kim fKof T^NOTI.

A.—Yes, sir.

That it started from there I mean when he ciime there and reported? A.—Yes, sir.

You heard it from blia, aidri'f ybu? A.—Yes, sir. He was the first person you heard say anything about it? A.—Yes.-

Previous to that time had you heard any such rumor before?. No Bir. v"i

Was there a° general rumor in this community in regard to the occurrence UUUlUiUliliy lU lO^aiU W «uyww/u»*v«vw detailed in the Express before the pub- t!ourt.J 1? ii

O A

Do you know whether there: was a general rumor in the community that

CO) OUi auuava V"-v Do you remember the time of the Mr. Baur had made an assault on Mr. tha AirAntntf no. publication made in the Terre Haute made in the lerre mute

{orethe

pUbiication in the Express?

Duenweg's daughter the evening be- office. .. e. ... II_ TT*—— O

objected

talked about 1

T)iiAnwAy?

A.—

You'say that Mayor Armstrong did y^did&Ac"*"IS* *5

Armstrong

uiu

get the information from you? A.v-

No, sir. You say that the report that came

from Armstrong was not traceable to Duenweg, where was it traceable to? AI.1

VmtaAyl Kv /tnnni

OWecuon was here raised by counsel about It? A, for plaintiff, but th6 court alloifed the nght down a question. 1VOUUU* 7-- ~1

You stated that you talked to Mr. Armstrong about this rumor who else had you tuked to before this pubUcar tion?

Objection made to this question by counsel for t)ae plaintiff, but the question was allowed by the court.

Who else had talked to you that afternoon? A. I do not know of Anyone except some reporters o£ both par pers.

Did you talk to any friends of Mr. Baur A. Ldo hot know, except Mr. Debs.

Did you talk to old man Baur A. -No, I did not talk to him. Who was he talking to ?. A.—Mr. Duenweg. ,,

to by counsel for plaintiff, the

T—-~«4-

nr nn At'

until twofeift. .Ms'1,AFTERNOON SESSION.

are the father of. Ihe child Marie A.—Yes,sir Did you see the Terre Haute Lx* press that was issued on the morning of the 18th of Stay last, containing time? A.—I was-.engaged something about certain transactions? porter forthe Gazette.

A.—Yes, sir. State to the jury Whether or not before the issue of that number of the paper, on the morning of the 18th of May, whether or not there was a general rumor in regard to that transaction, connecting Charles Baur with an attempt upon yotfr daughter. State whether .there was a general rumor? A.' -Yes, sir. "'i'5

Up to ho.v late* a time during the night before, did you)hear it talked of? This question was objected to by counsel for the plaintifi. The court said: I don't see any objection in asking him how long the rumor existed before the publication." In answer to this Mr. Carlton of counsel for the defense, said: "That" form suggested by the court Suits tne better."

How long had that general rumor existed before the-paper was issued in the morning? A'—I could not tell ex* actly I expect from the time on.

From what time? A—I guess about three o'clock. I could not remember the exact time.

And tip to What time?, A—TJp to about half-past ten o'clock. It might have beep- later, but that is so far as I remember.

You can speak from your knowledge up to that late. A.—Yes, sir Cross examination by counsel for plaintiff.

Where were you after three o'clock that evening? :. A.—In the city treasury office.

Were you anywhere else?' At three o'clock I was in the pty treasury office, from there I went to the Gazette rffice, Banner office and to the Express office, and from there to my own of

You talked about the matter did you, wherever you went? A.—No, sir..

How many people did you hear talking about it that evening?-A.—I could not tell exactly.

Could you tell approximately or nearly so? A.—I could not. Hid any one talked ibont it except those you talked to yourself A.—A good many.aaked me.

Did yon not talk about it first? not.

-No, ot' course not. I went home to

about whe9 you did Ht

A.-^-My brother. Who else^ A.-^. lfallw. Who else?: A.—Mr. Theodore Debs. jtcst talked of the ease to my brother.

You are tha fint fellow that talked about it: dewn town? A.—I don

You dotftt Why don't you faiow? A.—How do you mean What I said about it?

I am asking if you Were not the first person that talked about it down town. A Id

Do vou know of anyone else before if in a U« riav* MoSedarr? A.—Yes.sir. Do you think he talked about it before you? Ai—I don't know, I expect he did.

C*"

WaS your wife down town talking -Yes, Sir wad she came "told toe. ,a if you know ot any»ut it befpre you? A.—

ask you

Counsel for the defendant, proceed- one talking al _1 fA Art nnf-lrnni ing: I ask you, Mr. Fasig, to state to the jury if you knew where Mr. Armstrong got his information. A: I do not know what Mr. Armstrong told me.

I do not know exactly. I ask you if #ou know of anybody?

might remember of somebody, if I do I will tell you." Very, well, if you know of anyone, name them.'' A.—I do not remember of anyone else.

Youlcnqw, as a fact, don't jou, that no on§ talked before yon did?

A.—

Mose Carr gaveit to the Gazette, How do yosi know it?. A.—Because Ma Bsll tcaa mt)'so.

WasMr. Carr in your house or In your ofice? :•HA.—Yes, mr he was in

Ve^y0® tbore? A.—Yes, sir. Did you not teir iC.as quick as he did? Ai-srl .iwifteus «d tmet him.

To sdiuiy people Ud you talk about fhrcmatter Ai—I don't know. To hiPir ifiany people have you talked about tbiB matter, I am asking you. A.—Itmight be four or five.

And yet you swear there was a general rumor in town' before this thing? A.—Yes, sir.

What do you understand by a general rumor? I understand that a general rumor Is a good many people talking about something tnat done.

has'been

State how many people you. knew

r.Tr_,

about it—people wno knew Charlie Baur—were there six in your know! edse? A.—Four or five.

me abbtit it. You say that four or five cairie to you and asked yo.u about this matter, and you regard it a general rumor. A. I call it When three or font newspaper reporters ask me about it.

Oh, you call four or/five people talking^bout a thing in a community like this a general rumor A. They came from different directions.

I am not asking what they said. You understand that. Did you mean, sir, that four or. five people talking about a thing was a general rumor A. In my opinion, that meant a general rumor. if on know very well that you and your family started all that was said About this thing. A. Of course.

You don't mean^that anyone outside of your family knew, it, before your family distributed it A.—-No, I don't think our neighbors knew it.

They heard it from you? A.—Well, not'from my family. They came right over and heard it. ,v

You think it was general rumor because four Jor five reporters asked you? A.—They all knew it.

That started from your family. How did they come to you. A.r-Because I was the party from whom it was understood that it originated.

Well, of course," Direct examination fey council for

what these five persons told you it had not been published in the papers in the Gazette. [Objected to by council for plaintiff, Which objection was sustained by the

nrvf aav Til(1

lication occurred? A.—I could not say there was talkfabout the city building. Did you hear of it any place except the city building? A.—YOB, sir.

Did you see it in the Gazette before the reporters .came to you? A.—Yes

Did you say you went to the. Gazette office? A.—Yes sir. What time did you go" there? A.— At the time I went to the city treasury

I could not answer yes or no. At the time you went to the Gazette By the court—You need not answer office. A.—YesBir. till then.

till then. Can you remember any other per* At twelve o'clock the court adjourned sons beside thosefiveor Bixthatspoke to you about it? Do you remember that Dr. Baur spoke to you about it.A.—'Yes sir.

Eagene Duenweg

was again sworn, and testified as

evening was it at thi

What time the time they had it in the paper?

The father of Charlie?

loir

lows:' 5 1Bydolhsel for the ^defendant: You

A*—Yes

sir* At whose request did you go to the Office Objected to by counsel for the plaintiff

Edward Ingley.

By counsel for the defendant:. Were you in this city last May? A.—I was.

The 17th, 18th and 20th and along there? A.—Yes, sir..-:".-'/ Vr'Lat were you engaged! in at that as a re-

Forthe Gazette? A.—Yes, sir Will you state to tiie jury whether prior to the 18th of May or the 20th of May there was

Objected Did you see a publication in the Express, the irst publication that appeared in the Express in .regard to this affair—did you Bee the publication A.—I did.

I will ask you whether before you saw that publication, say on' the 16th day of May, 1883, state prior to that time that you saw the publication in the ^Express whether there was a generll rhmor in regard to this affair of Charles Baur and the girl? A—There was.

You say there was?

State how many people you heard talk about this matter^ A—I heard at least five or six.

And you call a general rumor, or ft statement, or a report talked about by five or six people, and they were nearly all officers were they not? A.— No, sir.

Were not they reporters and editors of papers? A.—No, sir, not one of them, 7'

Is that so. Not one of them an officer of the city, or a reporter, or an editor of a newspaper? A.—Not one I refer to.

Who were they? A.—I can name three at leist. Name all £oit can. A.—Mose Carr, and ftenry Wotf and Harry Greiner, theeelare the ones I recollect. -Who else? A,—I am not able- to recoilect. ..-k...

You did not hear any reporter of a newBi*i*r or an editw of k'newsMMr or an officer of the city talk about it? A.T-Notsprior to tiie publication of theGi^tw^

Who else did you hear talk about it? Was .there anything said before the publication tn the Expreas?t You havenamed three, one ofwfaomisHqse Carr, and be is the route igent of die Gazette. A.—Yeft lfir.

One Is Wolfe. A.—Yes, sir', he is a brother to the hardware man. Who was the other own?

59lS"'i.u"-*bo"

three.

Xbnm

-tn th* lication in the Gazette. Two prior to last few yean?

I want, to know if you .heard any other general rumoi or talk that evening aim before the publication the next moniing. and if so, how many persons did you hear speak of this matter'before the publication In the Express.

Counsel for plaintiff objected. £1 will ask you when you state you heard ne other person speak of -it,-11 you mean to include before, the publication of the Gazette, and before tiie publication of the Expressa A.—No,

Br counsel for plaintiff: What did you mean a while ago when you said that you heard five or Six people speak about it before the publication in the Express A#—It Was about that nnmber.

That is what you meant to say, was it not? A.—J aid nofc say only**-I said heSrd five or six.

Yousa

Or six. five or six when I asked you taany A.—That is about the number I heard.

That is. whatyou meant,, was it A. -Yes, sir. What do you mean now when you heard Mr. Mack say more than that A.—I hid heard none speak about it except those three I heard before the publication—that number I heard spoke afterwards. I mean I heard others speak of it.

I ask you ift you heard any of the officers speak of it and no reporters. A.-*-Not before the publication: in the Gazette.

Tell the jurjt, whether that was your answer—did you intend to. say that you had heai^i none of jy^ ^^rfarJthe reporters a

UM UO^U UW««®

ikUa^Wont thik thing, not what was reporters saj^Kf^^g many

MWWEL^upa^litiibon

Do you remember the publication in the Express,. about the time of the publication that referred to some trouble /between his daughter and Charles Baur A.—I remember such an occurrence.

Did you see that publication in the Terre Haute Express on the morning of the lSth, if it was the morning Of the 18th A —I saw it in the morning or during the day. ..

I will ask you, Captain, if prior to that publication, the day before that publication, during the afternoon or night, there was, a general rumor in the community that.Charles Baur had committed an outrage on that little girl?

Objected to by counsel for plaintiff as incompetent, but the court allowed the question.

There was a general rumor? Answer es or* no. A—Yes. counsel for plaintiff: How many ple did you hear talk about it? A— any. How many? A—I could not state there was-such a number I could not remember it.

Cannot you tell the jury something about the: number was it half a dozen? A.—I could not make an estimate of the number.

Tell the persons that you talked to about it.

Vou

druggist.

-Mose Carr

Who were the-two and Wolfe^ Yon hive been a reporter on the Express or Gasette Yes, sir. the Gasette.

in the Gazette

^ill.

Slatheard

told a great many of

them yourself A.—No, sir. Did they all come and tell you? A. ^Tfce way 1 heard the rumor was they came wherei*TO8^.and I heard it.

The rumor came from DuenwSff No, sir. It came from Mr.- Carr? A,—No, sir. 1 did not see Mr. Carr that

Who did it cflme from, the rumor you got A.—The" first! heard of it, to the best of my recollection, was through the Gazette, when I went to

A—Yes,

sir.

Cross-examined by counsel for the plaintiff. What do you mean by a general rumor? A—A report that is talked About by persons in general that is known pretty well til over the plsce.

Any names mentioned in the Gazette? A.—No, sir, I think not.

Then you did not know who it meant? A.—No, sir, I did not know then.

You say you cannot tell the jury how many persons told you that nhnrlw Baur previous to the publication & the Express bad committed the outrage? A.—No, sir.

Can you tell the jury the difference between a report and a rumor? A.— My understanding when I say there Was a rumor is that when several persons—-

What do you mean by several, half dozen, or two or three?. A.—I a Consider that half dozen would,be sufficient.

Now proceed. When several persons at different times and not altogether during any period of time should talk about the same, effect, that is what underetand to be a general rumor.

You are in what business? A.—I am in the drug business.

5C1 CbMSM Maw

A*-*

Greiner.' What Greiner iaason of Hay yoo hcatd it

it-ou

the after-

three talk ,-r

Irf Were wh«t yo« flsst SSS? alteffoon of thf p«t^

ou tne aiwr-

y°u

And you said and tell the jury that nr aboi there was a general rumor about a t^ing when you heard Uiree persons twenty-four years old. il-3 1.1L.J 4 49 WtlSM WiM VAN lllira?l

had talked about it? Objection made by 'counsel for tiie defendant.

Direct examination by counsel for the defendant: You named three. Did you mean three before the publication in the Gazette? A.—No, sir, two of them, I named as to my. positive resollection, and the other about the time.

A.—

you explain why you said that ]?or years. ird two of those three persons

ou —r, you nanied before one at the time of the publication in the Gazette

By counsel for defendant-y You state you had heard, that you did not include all yefi hid heard, all who had talked to you lAout it before the publication in the Express—-you did not 1 ll .1 _L a

Any other persons that you can think of? A.—r talked with other persons about it that evening.- I cannot recollect the names.

Council for plaintiff: Why did not you tell me this a while ago? A—I understood you to say if I heard any reporter talk about it if I heard any

reporter uu& #uuuu ivf iT nerj auu

reporters talk about it before the pub-

lication in the Gasette. What do you understand me to say

had not saidKhat.

William Hi Armstrong.

By counsel for defendant: State your name to the jury. William H. Armstrong.

Were you mayor of the city last May? A—After the election in May I was rnayoi.

Captain '•*&• auainted with Eugene Duenweg A.— Yes, Sir.

wo.rk

Mio A.—Witb my father and brother, corone7, A.— ner af-AtVeiith and Main streets, city. How long? A.-Sta»1866.

What is yoor age? A-.—I Will be

Where were yon bofn? A.—Louisville, Ky. ,v. How long have you lived in Terre Haute?

A.-Since 1867.

Do you know girl? A.—Ido, yes sir. Do you remember the date of the publication of this article.. A.—I do.

I will ask you to tell the jury here all about what transpired that day and What was done and said in your own way. What time of the day was it she came in there that day. A.—I think between two and three in the afternoon. I was sitting in the central .part of the store in the office.

What do you mean by the office? A.—It is an enclosed space in. the cenof he to re

What were you doing there? A.— Writing a letter. Who was in the store when she came in by herself? A.^1 do not know 8ir.&r

Did yol rfotice her when she came in? A.—No sir. When was youir attention called to her? A.—When Jacob asked me to please ^rait on this little girt

Jacob Baur? A.—Yes sir. Where was-your father at that time?A.—Atihe soda water counter.

Where is that? A.—At the right hand side of the store. You say that Jacob, yoor brother, told you to wait 0111 the littlegirl A.—' Yes, sir.

She was present was she. A.—Yes, sir. What did you do A.—I asked her what she wanted. I aoticed it was jmA.Taaked.her what she would havd,

How long have you known her?

ti,ev

*A'.—

Do they live nesr you? A.—Almost opposite. State whether or not she visited your house,.and your little sisters visited her A.—I have frequently, time and time again seen her playing with

ncauon in ine j^xprwo—ytm uiu uv» include thow, yon heard afterwards? my little sisters, often in the yard and Did youheaJr afcy reporter talk about in the house, and I had seen her'at it after the publia^tion ifl -the G**^*®? the store. A.—I did. -yy-gg

Bhea

littie neighbor girl?

HOKCU

A.—

Yes, sir. And you knew her very well? A.— Yes, sir I did.

What did you do at the time you came out of the office? A.—I spoke to her, and asked her what she would Jacob spoke to me about it I say a little befpre five oclock,

ucr

and ahe

•1/*-

A—Y.ou. ask me if I'said I beard no vomuu. «»cu reporter speak about it before the pub- told me all she wanted in them, lication in .the Express and I said I ogkedher what ehe was doing fr

wanted one bottle filled

UM HV

A.—

What official position do you hold in the city A.-rMaybr of the city at present.

M—W

DT,,ie

with turpentine and one with black

varnish. I asked her after she had

u„

wan

rthinir

Who is Bufus? A.—Our colored boy, the porter. Rnfus, though, lfkd been about our .store a long time, and I said, "Yes, Bufus," and I will tell you exactly where that can is, and I proposed to tell him that he would -find it on the second floor. At that time he was standing back of me in the oil room, and I had proposed to fill my bottle with turpentine.

Where did Bufus go A.—He went upstairs. The little girl was a little behind me* and Burns to the right of me. I filled the turpentine in the bottle, and I tiun took the varnish bottle and filled it. I set it by the varnish can in order .that the funnel might drain. The little girl was standing a little back of me, and while filling the varnish she kept up a running conversation. She told me that she had ridden a few days before on an elevator, down street. I do not remember whose elevator it was, and that it wasa nicer elevator than ours.. She said it went by steam or water. I forget which. She asked me how our elevator. went, and I told her that our elevator went by elbow grease, at the same time I took the chUd and lifted her up perhaps that high (motipn made by Mr. Baur.) I put her on a box perhaps that high. I should say the box was eighteen inches long and perhaps twelve inches wide. I sat her on the box, and as I did so her hat fell off and I said. 'There goes your hat in the dirt.' She screwed up her face as if to cry. I reached for the hat and put it on the back of her head, ana as I did so Bufus, who was on the second story,-was looking down and asked me whether the old five gallon neatsfoot oil can would do for the varnish. I said that iB the thing, and with that I picked up my varnish, and Bufus I heard-him ask on tne other side and I 8aiu,~*Jscob. is this the can you had reference to.* Jacob wss-oatside the door and when he heard it he Bf inside to see what Bufus was talking about. He was standing in the doorway, but to see Rnfus ne hsd to step into the oil room where I was.

What else occurred? A.—Then picked up my varnish and turpentine and we started out. Jake Was then in the doorway. He stepped to one side. I walked out and Jake walked after me Bufus came the last.

What else A.—Our store is a room 25x$0 feet. In the rear, end of the store there is a large double door cut through the partition. Here we have with tnat a double room which we call an oil room. We

UEO

Running arrival house to their'sf{h!swi*5»w^d these tnusoms Were (Baur's) A.—I don't know. I want you to'tell the juiry about that stairway. A.-In the south wall was a large window. Immediately east ten

You have no ttnkind feelings toward the Baurs? A.—No, sir. Do you speak to them when you meet them? A.—I always do they speak to mel

each other. Do vou ever speak, tb them I. A Yes, sir.

they speak to tne. double doors. Along Hie east wau

Doyoueverspeak to Charhe Bsar? west side of the elevator, looking down .T ma v.- i-..

A.—I do. Is not it trte that there isa good mat is a isq deal of feeling between tiie two honeee feet square that A.—Not that I know of, ,. A.—I cannot^

examined by dcNtnssl for thi plsintii, tsstiflad af foOowsi 8|ite your name to the jury, A.Oiarles Bgwr. She

Are yoo the in th|s «M»? did

|MM'

in in theOt- Tj

is open aU the imtiobi cameoaft.„ after me. I took them up, and walked

shesaw.iMue

'"'1S3

this room often

keep all herbs, roots and packages in this room. We also keep oils and turpentine, and at that season of the year there is a great many of those sold. This room is just east of our main room. One of those double doors was open all the time we were in there. One. door was open all the time. Now, this oil room, I should Say, was twentythree feet wide, about that long about that square at the back end 0: Cramer's liquor store. Just, inuned iatel

the Witilnuvwu wv~.t large double doom with two very large transom's The afternoon this occurred

the .window', there are two lrnge double doors: Along the east wall the

It is very seldom that they speak to stairway runs hp into the second flow, you? A.—It is v§iy rare We meet RighUn the centre is *n tievatorronning from the.first fioor to tlie .top. I wis on the first fioor in p# bu room. es, sir. Rufus wasontimseeonoww, vnB«I

WM»

onthe

at ate." That is a Uoge^apace sowe twelve .. .. aji the tiime?

Lttsreiti8.It

time. I mmt in and c^rged the arti cies to Duehweg on the Same book. What did she do as she passed your

A'UVWWVS

Where is the water closet A.—Immediately south of the oil room door, a little to the west.

Who pssses through there? A.— The firm of W. M. Kramer, J. Kaufman and James Soden and also sll customers at that time who needed to use the water closet.

I will ask you to state now if you iss out through there, the persons rom your store through that to the water closet? A—We might if we happen to want anything: it is not the most direct way.

What condition were those doors in that afternoon A.—The door leading into this oil room—one of the double doon—was standing wide open. I am not positive as. to whether the dodr leading into the yard was open, but I am positive none of the doors were locked except on Sunday.,

Now I want to ssk you (jibarlie the time that you went in there to get this oil for this little girl until yon came out with her—what time elapsed as near as you can tell? A.—Not over two minutes, if thst long.

State if you got down upon her, if

Jou

pnt her on that box A.—No sir, leaned over her to pick up the hat which was immediately back of where I had been standing filling the black varnish. We will say the box was here (pointing with hishands) a little to the west of tiie box was" the elevator, the box was standing along ride of the rope to pull the elevator. Immediately on the east where this box stood there was lots of space. Now this hat fell immediately south of the box and the most natural thing in, the woild was that I leaned over and pickedit up. "All that time did you hav8 her down lying on that box? A.—No sir.

Had you at any timeput your weight upon her A.—Not to my knowledge" It may have been unconsciously, but not to my knowledge.

State if you raised her clothes to her knee? A.—No, sir not to my knowl-

immediate neighborhood.

you

from

••t

asked her what school that day. kept her at home attend to the chil dren of a to put black varnish in. He asked if I knew of a five-gallon can that could be used for that purpose, and he asked me to tell Btifus.

.I.

Was anything Said to anybody else as she passed out X.—No, sir. Did she cry as she passed out

—No, sir. Did you

Btate

rhen ve,

out sttdRafosfnot,

•W

*UV WJJtlR

What did she do as she passed your the paper.

,*n^_ father, in relation to speaking1 to him?

uii—

.—With mv father ahd brother. cor- x. I do not know what she said she spoke to him.

and what uses it is put to.. A. The agent of the room is .used by us for all kinds of packages that.we use in the drugstore, which we fill up the bottles and boxes paper •••SAW AMII MIJIX /iva nalnt anil A*1 AND NA «I*A with, and also for paint and oil, and the elevator the liquor store hss perfect privilege to use

•,«*»» uuo KW OIMO ""UCIOUIXIU WOat my QO 1807. .t.-.v feet privilege to use They have a is, do you? A—I answered as the Uttielfti&iW^g contract with us. They have half of derstood it. He did a greaterp

!it.

*ri

the room for a store room, but they, are not in there very often. They also use thet room to pass through into the wster-closet.

No although she started to cry when I said, "there goes your hat." What sort of a hat was that

A.—I

don't know. I did not take much notice. It was a wide-brimmed hat on the child's head without a fastening.

Was there any dirt on the hat ?.

there was no dirt on it.'

A.—There was no dirt on it, although I passed it under my arm like this. When you put it on her head, and did you lilt her down? A.—She slid down. The box wss not that high, (pointing with his hand.)

Have yon the box at your store? A.—Yes, sir. It was just an ordinary packing box, an ordinaiy packing box that had been received that afternoon, or that morning rather, with goods in it and as usual we stood it near the elevator in order to take it up tothe third floor, and it was standing there empty.'

Where were you Charlie from the time that she left until five o'clock, or about five when Jacob told you about it? A.—I waS in the store, I should say, about half past four.

Where then A.—We had a previous engagement to go out. Whore did you go? A—We went down on Swan atr§et,betweeh Eighth and Ninth, ,«

Whose house did you pass—did you pass Mr. Duenweg's? A.—Yes, sir. 1 passed Mr.. Duenweg's going down there.

Where did you go after that? A cphexi came back to the store and on the sktewJcHri-met Jacob.

That waS the first Jotr -heard of it! A.—Yes, sir the first. The 'ex^ci time I cannot say.

Did you have any conversation wi,th Mr. AHen that evening, I mean after the next evening after the publication on Friday A.—I did.

I will ask you if you asked him to -comeand examine the premises? A.— I don't know whether I told him or Mr. Fishback—one or the other I did. State to the jury in your own way and I won't ask you any question about it, about your visit to the office, about teeing Mr. Fiahback and Mr Align. Just state what you did.

Objected to by the counsel for the defendant. Mr, McNutt of counsel for plaintifi Said: You object to our proving what .occurred between the plaintiff and Mr. Fishback. Call Allen.

George M. Alien.

Counsel for the plaintiff:

your pint

imprewon

GoaMwtfor _Whowi wa write

THSTTISM,«BDL hewreta

will ask

Mr. Allen whether or not Mr. Fishback is the editor in chief of your paper. A.—Yes, sir.

Was he at the time when this article was written and published? A.—Yes, lif.

•And was the author of it,-was he? Ai^I cannot say as to that. Well, you didn't write it? Ai—No, sir. •. 'y-

You know that he wrote it.? A.—I do not know whether he did it or hot. •1 He is the editor and was at that tihie the editor of your paper? A^yel sir. •*.

Do you say or do you nOt say that he wrote that article? A.—I answered that. I do net kj»ow whether he wrote the whole of it or not. I do not mean by my answer that he wrote all of that article or not.

]SU1was

/hat did you do, if anything, for the

Eer?

urpose of committing an assault on A.—I did not do anything of that kind. Every action of mine was just as chaste and pure as I ever did in my life.

You had no thoughts of anything? A.—No,

Bir

and I was completely

shocked when my brother Jake told me of it. How long did that occur? A—About two or three o'clock I think. should in that

to state where Jacob

and the colored boy were during the

wanted in them. 1 time that she was in there with refer- ana you snouia nave inv

eace to

whether they could be called or thing before, and he said

within hearing distance of you. A— tone 'I thought. I knew

She said her mother rphey were all the time within hearing tnmpn on his heel and, I distance, Jacob was within almost

is an

Jacou

t. Jacob asked me whether I knew whispering sound. five-gallon can that had been used How far is it now from the door

a«l«,1me

m* Jac()b gtQod wben he waB

speaking of the oil can from the box Where you placed the littlegirl? "A— T- —I 1

What complaint did she make, if any? A-.—She said nothing to me, whatever.

Pl,,er'

*fc-

that time. A. He connected witia^

In your employment as the editor of your paper? A. Yes, sir.

ioae 10 mm. He was? A. Yes, sir under .mv I wiw you wohld tell the jury if you superviaiod of course. _iow who uses that back room there, btate whether

'6r

uot

he w*n th*

in the editorial de-

partment, whether he had the right to speak through the editorials in your Sieirork **^e R'Wter part of t-

You underhand what my question -^-1 answered as I unHe did a greater part- of

•the work.

Continuation

ublications might be withheld untiL. knew all the facts in the case, and1" that he had only heard one side of it and it was false, and I told him1 that I thought it was very un-s^ just "and uncalled for for the iTx-^ press tb publish such a statement in regard to me without first obtaining facts from headquarters. He said they knew their news was correct and they printed it on that understanding. Thenirf. I went on to tell him how it occurred..' He s&id: "Mr. Bfttrt", never mind, I got our news from headquarters it is correct." Hew ent 1* another p.\et* of the rooib and G. came up in a few minutes. Allen and told him as I did back, that I had called with re to the article in the morning ind that it was ialse and ,th should have called at .headquart have obtained the true facts in th before publishing it.

What do you mean by headquarters?.. A.—The atore I mean. He then said that they got their news from headquarters, and then I told him that the article appearing in this morning's paper was not correct, which I had told two or three times before, and he did not tell me how he got the jiews. He stated that the news, was correct, then I told him:* that before any further publications-* took place, I asked him as a favor to jneet my father. He said he would. 1 jeft the place, but before going I said, Allen you know me better than that.' and you should have investigated this'

Vafniia anil Ka oaiA

That was the article that appeared on the Sunday morning? A—Yes, sir. I remember in particular Jake said the-, article was unjust and untrue, and before going any further he woeld have to see his attorney in this case and he asked Allen as a favor to show it to you, Mr. Davis? Allen said, 'I am not in the habit of showing things to--everybody around town my paperz goes to press at twelve o'clock.'

What time did he give it to you A. -He did not state what time he would give me to find Mr. Davis. I went to the Terre Haute house, the National. house and did not succeed in finding^ you.-

Have vou the articles with you? A.1 —No, sir Jacob had it at the Express office and when I returned I told Jacob that 1 could not find you. He h&db some conversation with Allen, I don't know what it was. Part of the convert satien was to the effect that Jacob was •too nervous to write any card himself and that what he weuld write would

SiSI

Te*.

of Charles- BauirS tlmony. 1

State what occurred when you went there, and what occurred when you ,* got there. A-—I went there at halfpast seven in the evening '4,.should say about that time.

That was, as I understand you. on the evening following the publicati""1' A—On the evening following morning of the 18th, I went tq the press office and asked Allen, and they Baid—

And who said A.—The youngman that was in the business office down 1 stairs.

Didjrou see Mr. Fishback? A.—I did. I asked this young man for Geo. Allen. They ssid he was over at Fasig's saloon.

What occurred between Mr. Fishback and Mr. Allen and yourself? You saw Fishback, didn't you, up stairs? A.—I did.

Tell whom you talked with about this matter. A—I went up stairs* to see Fishback, and found him there at the desk in the front room. I told him that I had called with reference to the article in this morning's paper, which I understood it alluded to me, and he shook his head as giving assent. Isaid-I came to ask that any further '1

JJJ

flflTCflfitiCi."

you better,'

turned on his heel and-1 went back to tire office.' That was on the evening of, the publication.

State if you ever went back there' again to their office A.—I went back about half past ten o'clock on

a a

"A— Saturday, or it may have been a little^

say eight feet, not over, be- jater than that it was very late Saturrccu o. a and eight feet day night. He telephoned to my* And you knew that both were within brother Jacob. I accompanied Jacob eakiag distance A—Yes, sir. to the office. You lenew that your father was in the store? A—Yes, sir.

tothe office. We went up stairs andJacob asked for the article. Fishback. was there. We waited a few minutes. Jacob read the article and made some: remarks about it. What he said I-» don't know.

not be in a good condition. Mr. Baur, you read so much of that article as was written after? A.—I, don't know how much of the article,?, as I did hot read it very carefully. I know that the latter part was not in it, when shown to us.

At the time when you saw thiS~S 'tide

Btate

whether or not those clauses

were in the article. A.—They were not in the article. State what you

Baid,

if anytdmg, lrf

relation, or offered to say in relation, to the facts in the case. A.—I offered to tell Fishback the facts in the case. He isaid,'"Never mind, we have, got the news from headquartars."

State whether you told Allen, and yhfrt he said about them. A.—I do

not remember of having attempted to tell my stary to Mr. Allen, but I did manage to%dl the facts in the articl^l to Fishback..

Did you have, any talk with MM1 afterward? A-After be came iiniat evening?

Yes, s^ I mean beyond what yd have already said. You asked him to allow, you to present tbiis writing to your lawyer, did you? A.—No, sir not that evening.

When was it? A. The second ar«^ tide, as given there. That is the one? A. Oh that is the article. -1 am talking about the Sunday mornitig

Mticle that was submitted to you: in WMi-Wl not it? A. Yestisir. Did you say there was a change made in it? A. Yes, sir, there wu.

And that is the one you have read, here to the jury A. Yes, sir-, .» Did you understand that Fishback was the editor-in-chief of the paper -t A'.—I thought so. ..

Do. you know by -tyhonl the article had been written, the

State to the jury whetlier or not who does wnte the articles for your paper, wbowrote Uiat particulararticannot state whether or

partof'ft A.

zstjsi.

one

which was*

shown to you and to, your brother Jaj cob? V.-T-NO, sir

did not know ac-

that time^ When you were talking- about ltv what did you sa/ to Mr. A\ten_£&Jo. the truth or falsity of it» him that the matter was jal^|.j, r.-

State whether Or not _Ke asked yoif: to 'Mite the facts to A yoai'-V stAndpoiiot^ did not ask

Did yott ask Allen or Fishl»ek to g5jhand look at the premises? A.—1 hadj ,. asked Fishback.

Did«y0tr l^n then?*^--A—J»o, sir. -J0 you- know -who was^ editor-in-p^ Chief of the paper, at- .that tune A—

Who do you ftnderatancT

OU ameH, stfoearea Sjrthe first By counsel for the defen^—Whst

o1-J*

A.—I think he did PJJSr

tft^BcpnMs nsder the head-

'-.MMnto

«bont

page, .on which ,3? lerstand tbeir