Jasper County Democrat, Volume 2, Number 34, Rensselaer, Jasper County, 25 November 1899 — Circuit Court Notes. [ARTICLE]

Circuit Court Notes.

The first trial by jury was that of the State vs John H. Jessen, Tuesday afternoon, for criminal libel, George E. Marshall of the Rensselaer Republican, being the prosecuting witness. Prosecutor Mills and Frank Foltz appeared for the state and Cf. W. Hanley for the defendant. This case is familiar to most readers of Th£ Democrat. The prosecuting witness had vigorously assailed Mr. Jessen through his paper a couple

of times last winter and spring and, instead of prosecuting Marshall for libel, Mr. Jessen asked for and was granted space in The Democrat to reply to his traducer over his own signature. Marshall then rushed into court and had both the publisher and Mr. Jessen arrested for criminal libel. In both cases Mr. Foltz was employed by the prosecuting witness to “assist” in the prosecution. But little if any evidence was allowed to be introduced except the articles of the prosecuting witness and the one written in reply, The defense claimed justification, while the state took the grounds that Jessen should have got after Marshall with the law, if he had been libeled, instead of writing and publishing a reply. Marshall admitted that he had been “mistaken” in many of the charges made against but said that he “had got his information from his paid attorney in the prosecution and from John E. Alter, and believed them to be true at the time he had penned them,” although after learning his “mistake” he did not remember of having published any retraction. He also stated under oath that he did not know that Mr. Jessen had any connnection, financial or otherwise, with The Democrat, a charge that he has frequently made through his “paper.” The jury was out with the case about two hours, finding Jessen guilty and fixing the fine at $5, but exempting him from all costs. Court adjourned Tuesday night until Wednesday afternoon, out of respect to the late M. L. Spitler, who was a member of the Jasper county bar. The next case was that of the State vs Dr. Jacques Dessler, the optician, for practicing medicine without a license, Robert Hilton being the prosecuting witness. It was charged that he had treated Mr. Hilton’s eyes in some way that was construed to come under the scope of medical practice, and after being out nearly three hours the jury returned a verdict of guilty and fixed the fine at $25 and costs. The state cases against E. F. Johnston for forgery, and Augustas Kelly of Remington, for larceny, were dismissed. In the latter case the state’s most important witness had left and could not be found. In the State vs Clement Reed case the indictment was held bad. It is expected to close up all of the jury trials this week. In addition to the regular jury panel, C. D. Nowels, Fred Fatka and George Daugherty were drawn to fill the panel in the-first case. The marsh fire damage case from Lake county has been compromised with the railroad company, and no trial will be had. It was expected that a “struck jury” would be drawn to try this case. The jury was out in the Thom-as-Fisher-Galbreath land commission case, as we go to press. We sell envelopes and writing paper cheaper than any place in the city. The Democrat.