Jasper County Democrat, Volume 3, Number 47, Rensselaer, Jasper County, 2 March 1901 — MARSHALL GOES FREE. [ARTICLE]

MARSHALL GOES FREE.

The case of the State of Indiana against George B. Marshall of the Rensselaer Republican, for libel, was tried in the cirouit court this week, occupying the greater part of two dava, and resulted in a verdict of not guilty on the second ballot. As be has been acquitted by a Jury of bis peers The Democrat will comment but briefly on the case, but if the state ever proved a case this was one of them. Monday morning the defendant filed affidavit for change of venue from Judge Thompson, alleging that owingto the bias and prejudice, etc.. of said fudge of his own politiQ fidth, he could not get a fair trial. The affidavit for change was filed and acted upon in the absence of tbe associate counsel for the state, Judge Thompson appointing Jesse E. Wilson, a young man whom the younger republicans are grooming for the republican candidacy for judge two years hence. Monday afternoon, when it was plainly apparent that tfie Journal editor would stay away until after the date set for trial, the state asked for a continuance to Saturday, March 2, alleging that Raid witness was a most important one and certain facts could be proven by no other person. Judge Wilson refused to grant the continuance. At this point, the attorneys for the state, seeing what they were op against, were about to dismiss the case and re-file it for the next term, but finally decided to go ahead and do the best they could un der the conditions. The court kindly excused from the jury one prohibition ist for the defense and the latter excused three democrats, which left a jury composed almost if not quite wholly of republicans. The state proved by The Democrat editor, A. B. Crampton of the Carroll County Citizen, A. B. Clark of the White County Democrat, John B. Whitehead of the American Press Association and W. H. Robertson, a competent and up-to date printer who has worked in many of the best offl ces in the state and a former foreman in the Rensselaer Republican office, at present editor of the Wheatfleld telephone, that the Democrat’s measurement of the matter was correct and hiß charge was a trifle less than the legal rates. To offset this the defense introduced Qeorge O’Haley of the Brookston Gazette, who could give all the galaxy of ex perienced printers above mentioned pointers they had never dreamed of in the printing business, on direct examination, but fell down with a sick ening thud when cross examined, and admitted that he had never had a notice anything like tne one in ques tion, didn’t know what table work was and couldn’t tell the difference between nonpareil and agate t\ pe; also Mr. O’Ragon of the Lowell Tribune, whose brother was discharged by The Democrat for incompetency, and who knew no more than Mr. O’Haley. The Cow-Puncher of the Barnacle also came in and teariully exhibited the stereotype plates of the health rules which he had ordered and kept in his shop for two weeks before using them in the vain hope that the health officer would ignore the law and give him the publication instead of The Democrat, thus adding to his exchequer the amount paid to the former for publishing them. He also got all muddled up on squares, sizes of type, etc. H. J. Bartoo, a brother-in-law of the Apologist editor, who was so competent a printer and newspaper man that he “petered out’’ here, likewise at Goodland, also ap peared for the defense, and exhibited an obsolete specimen book of types, etc. He admitted on cross examine tion that the book was not the latest issue by several years and that the old, lean, hair-spaced type set matter which he exhibited was not used by the Republican in setting its legals any more; that the type It now used waß a fatter type (exactly the same as that used in the health rules, stand ard nonpareil.) Neither O’Ragon, O’Haley or Bartoo ever worked under a competent foremau in their lives, and as for the Cow-Puncher, his competency (?) iB too well known to require any comment, j The attorneys for tbe defense well j knew that it had failed to prove justification for the charge as intended in the article, and it was noticeable in their argument that they dwelt almost wholly on that part of the alleged libel, “from other printers way of figuring,” and claimed that they had proven this by O’Ragon, O’Haley, the Oow-Puncher and Brother-in-law Bartoo, all “printers.” God save the mark. Both the state and the defense had prepared instructions for the court to give the jury. The state’s instructions the court cut practically all out and submitted aIK the defendant’s instructions. The state excepted to the court’s refusal to grant a continuance, the introduction of alleged incompetent evidence, the instructions to the jury, etc , and will appeal to the supreme court, believing that a reversal of these points will he had, which, while in no wise altering the verdict, would show the court’s errors and would in most courts and before most juries, have carried a different verdict. The state was represedted by John D Sink, E P. Honan and James \V. Douthit, wh.le the defense was represented by Hanley & Hunt, Foltz, Spltl r & Kurrie and Ralph W. Marshall, the latter a brother of de fendant, who returned here last fall after a few years absence in the west. The jury was composed of: Wallace Shedd, Chas. Dean, J. 0 Porter, David A. Collins, Jacob Wilcox. B. Forsythe, James P. Deselms, Edward Dewees, B. D. Elsworth, Joseph Grube, O. H. Eldred, Chas. Battleday. “Grip made me very weak and nervous with tightness of chest and headache. Dr. Miles’ Pain Pills and Nervine gave nio quick relief.”—Mrs. Clarinda Butler, W. Wheeling, O. A whole armload of old papers for a nickel at The Democrat office.