Evening Republican, Volume 19, Number 101, Rensselaer, Jasper County, 29 April 1915 — BABCOCK CASE NOT FINISHED WEDNESDAY [ARTICLE]

BABCOCK CASE NOT FINISHED WEDNESDAY

Returning Witnesses Bring Story of Hard Fought Legal Battle— Compromise Proposed. The suit of J. A. McFarland, democratic city chairman, against Frank E. Babcock, publisher of The Jasper County Democrat, for $5,000 damages for alleged libel, still continues and witnesses who returned Wednesday evening express the opinion that it will last over today, Thursday. The case rivals the RooseveltBames case in Syracuse, N. Y. t as there has been an effort throughout the case to dig up democratic political history and to show justification for the newspaper attacks that Babcock made on McFarland. The democratic representative convention at Monon, when Mr. McFarland was a candidate for joint representative of White and Jasper counties, the methods used to have George E. Murray removed as postmaster and the unsuccessful effort made by Editor Babcock to be appointed postmaster were inserted into the suit, although the judge refused to allow any testimony relating to the letters alleged to have been written to the postoffice department about Postmaster Murray. The alleged criticism made by McFarland of the oath of the Knights of Columbus received considerable attention. McFarland was buying a pair of shoes in- Fenddg's store one day two or three years ago, according to Lon Healy, when the latter came in to buy a K. of C. pin from G. J. Jessen. • McFarland ‘asked Lon if he had taken that oath and Lon asked what oath. McFarland explained the oath published in an anti-Catholic paper and which was alleged to be the oath required in that order. Lon thought McFarland was prejudiced against the order and related the conversation to other Catholics and some took the matter quite to heart. Conrad Kellner, however, when the story was told to him, went to Mr. McFarland and asked him and was assured that McFarland had only been joking with Lon about the matter and was not antagonistic toward the Catholic church. Kellner made a good witness, according to word received here and was on the stand for three and a half hours. He believes that Mr. McFarland was done a great injury by the reports circulated about his attitude toward the Catholic church and by the methods employed by Editor Babcock to give circulation to the stories. It is stated on good authority that Editor Babcock has been seeking a compromise and had urged witnesses for the plaintiff to try to get him to agree upon terms, but no-.comprornise was accomplished and Wednesday was a very busy. day. Considerable time was spent in trying to show that McFarland during the campaign for sheriff on the democratic ticket in 1904 had used intoxicating liquors. “Billy” Weiss, former saloonkeeper and later engaged in the “soft drink” business at Wheatfield, was one of the Babcock witnesses. He testified that McFarland was in his saloon during the 1904 campaign and asked if McFarland was intoxicated replied: “He was having a hell of a time.” Judge McMahan called him down. Persons who returned here reported that Weiss was drunk while on the witness stand and that his testimony did Babcock, who had him called, considerable injury. W. R. Nowels was on the witness stand for some time Wednesday afternoon. He was a McFarland witness. He was asked about the representative convention and his attitude on the postoffice controversy. All the evidence was in by Wednesday evening, but there was talk of putting Babcock and McFarland on the stand again today. The ..case was to be argued today and the principals and their attorneys are expected home late tonight.