Jasper County Democrat, Volume 10, Number 25, Rensselaer, Jasper County, 21 September 1907 — TOO DEAD TO EVEN SKIN. [ARTICLE]

TOO DEAD TO EVEN SKIN.

Abe Halleck, the Libel Suit Bringer, Knocked Out On First Round.

ONLY FIVE MINUTES IN COURT

End of Another of the Notorious Libel Suits to Down The Democrat.— And the Taxpayers Pay Abe’s Freight. The latest case of the state of Indiana —Abraham Halleck prosecuting witness —against the editor of The Democrat, came to an abrupt ending in the circuit court Monday. This was the one arising out of the publication of a little item in this paper last December, in referring to the trouble over in Newton county regarding the letting of the court house furniture contract, in which a story current here regarding some leather covered couches that came on with our own court house furniture was mentioned. Halleck thought, or claimed to think, the item was aimed at him, and he got busy on his typewriter and ground out an affidavit charging The Democrat man with having libeled county commissioner Fred Waymire and himself. Fred was pushed forward in the affidavit before the modest Abe, but he never joined in the affidavit, so it was Abe himself who signed it, and deputy prosecutor Leopold affixed his “John Hancock” to the instrument and the “offender” was arrested and baled into court. For reasons that need not be mentioned here but which have been manifested heretofore, it had been deemed best to take the score or more of criminal suits instituted by this man Halleck, against the writer, out of this count} for trial, but this was a so exceeding, ly flimsy case that it was determined to argue the motion to quash before Judge Hanley here, and when he held the affidavit good and a change of venue had been taken from him, to try it right here, Ex-Judge Palmer of Monticello was called to try the case. Judge Palmer is generally conceded to be a fair and impartial judge and a good lawyer. The case was called Monday at 11 a. m., and the work of selecting a jury was at once begun, both sides having stated they were ready for trial. The “state” was represented by the prosecuting witness and deputy prosecutor Leopold, while the defense was represented by attorneys Honan and Williams of Rensselaer, and State Senator Will R. Wood of Lafayette. Mr. Wood has bad a great deal of experience in criminal law and is considered one of the best criminal lawyers in Indiana. He stated at once, when first called into the case, that there was nothing to it, that there was no libel whatever in the article, etc., etc. After the jury was sworn and the first witness for the prosecution had been called—Halleck—and a few questions had been asked him, some of which opened up the way for some interesting testimony on the part of the defense had the case gone On, an attempt was made to introduce the real article in the paper in which it was published and in its original form. It is necessary tossve objections during the progress of a trial on which to appeal should the altogether unexpected happen, and here the defense offered its first objection, on the ground that the article as published was not the article in the affidavit, there having been a lot of matter “read into” the article other than was published, and a part of the article omitted entirely. The court compared the affidavit with the article, then excused the jury while a brief argument for and against sustaining the objection was made by the attorneys. The court was inclined to sustain the objection but told the state that it would give it plenty of, time to look up and present any authorities it could find in support of the affidavit. Abe and Mose then got busy and hunted about among the stacks of law books for an hour or more, prespiring very freely, for it was a hot day, while the court repaired

to the judge’s rooms and enjoyed a cigar. He told them when they got ready to proceed to call him in. After an hour or more’s vain search they completely wilted, and the court and jury were called. The prosecution admitted that it could find nothing to support its contention, and the court then sustained the objection and the case was ended; The defense asked to have the court instruct the jury to return a verdict for the defense, but the prosecution was let down as easily as possible, and allowed to dismiss. Thus ends another of the numerous libel cases this man Halleck has brought against The Democrat man in the past eight or nine years. The county treasury is depleted another hundred dollars whether anyone’s personal spleen has been gratified or not. The poor tax-payer pays the bill for a special judge, jurymen, court costs, etc., and if anyone is benefited it is the instigator of the case who pan draw some consolation in the fact that in a state case the state’s law machinery is used, while the defendant must pay his attorneys out of his own pocket. There were reasons why we should have liked very much to have had this case proceed, as some interesting testimony would have been adduced, but it was necessary to save the objections, and the first one, entered about three minutes after the case was begun, being sustained, kicked the prosecution higher than Gilderoy’s kite, and the case was over with.