Show J r tig11AI11 SeW S si THKENSERAKR t He Wants 30000 From the ci TribuneFor Alleged Libel HEADING BEFOitE BARTGH THE JURY MPAXELED AND THE CASE WEH OPEXED I I Alleged That the Kcnstermakcrs Turned aChild Out in the Desert to Die The Bnrtcls vs Drain Suit Closed and Jodgc aicrritt yvill i Charge the Jury on 3Ionday Two 3Iore Camp Floyd 31ialnsr Suits Fie Jude Bartchost lime i getting down to work after i return frOm Beaver and yesterday morning com menced on the Fenstermaker Vs Tribune Tri-bune libel suit in the Third district court The complaint sets up that the plaintiff Amos Fernstermaker resides at Box Elder ranche in Tooelo county and that the defendant the Tribune Publishing company on Apr 23 1891 published in > the Daily Tribune and on April 30 in the Weekly Tribune JAPrl te une conc con-c the plaintiff a false scandalous scandal-ous malicious defamatory and libelous article The article complained of was headed Fiendlike act to a child A little girl turned out in the Desert to die Her rescue The article goes 1 to recite I that a little girl named Carolina Hansen 1 Han-sen came here from Sweden with her grandparents and lived at Cottonwood with the old people until they died and was afterwards sent ito the Fensier tnak rs where she lived until the 24th of April 1S91 when she was told to get out and go somewhere they did not care where and never come back again They meaning the plaintiff and other members of his family the article said told her at the time that she must not g near the sheepherders or they would kill her and with this fear in her heart the poor child started out to try and find another home f After y < wairtJering about on the desert for two days and two nights Bleeping 5n the sage brush she was found bone b-one of the Seep herders and when discovered dis-covered begged piteously for her life thinking she was in danger of being killed She was thoroughly exhausted and nearly starved and J R Murdock the herder who found her took her to his cabin and after hard work got her back to a condition where it was safe t give her all she wanted to eat and drink then he took her to Heber City where kind and benevolent people attended at-tended to her The article also states that Murdock had started for Tooele there to swear to a complaint against the Fenstcrmaker people and have them brought to justice for their bra twlity to the child The article goes onto on-to comment on the alleged action of the Fenstermakers which it characterIzes character-Izes as absolutely fiendish and says that it would seem that they wanted the child to go out and starve ItO death and that the inhuman people will have a chance to answer to the courts for the deed and it is hoped they will be made to suffer for their actions The plaintiff alleges that the said publication was false and malicious and that thereby he has been greatly injured in his good name fame and reputation and brought into public scandal hatred infamy and disgrace to this damage in the sum of 20000 oy the publication n the Daily Tribune and 10000 by its publication in the Weekly Tribune making 30000 in all for which sum judgment is prayed I DEFENDANTS ANSWER I The defendant answering the complaint com-plaint denies that the article is false I scandalous or malicious and avers that the matter published concerning the plaintf is in every respect substantially substan-tially true and that the publication thereof was done in thcintfirest of humanity hu-manity and justice and in pursuance of the duty of the defendant as a pub usher of a newspaper and the same was not made with any intent or purpose pur-pose of injuring the plaintiff or any other person and further denies that the plaintiff was damaged in the sum claimed or any other sum whatsoever whatso-ever Attorneys J A Williams and John M Zane appeared for the plaintiff and Judges Powers lilies and Miner for the defendant company The greater part of the day was occupied oc-cupied in impaneling a jury a great many jorors being excused for cause At 230 oclock eleven jurors were in the box and both sides had exhausted their peremptory challenges but the panel of jurors was also exhausted and a special venire for four more was issued is-sued returnable immediately and await a-wait of half an hour ensued while they were being brought in Counsel in the examination of jurors usually asked the question whether the fear of adverse ad-verse criticism by the defendants newspaper would influence them in rendering their verdict The twelve jurors finally selected to try the case were B F Thornberg N A Sherman N J Grunland C S Favour H J Faust Daniel Leatham Clint J Moon Edward Norton John D Spencer George Walton D Austin and John Sullivan THE CASE OPENS Attorney John M Zane made the opening statement to the jury on behalf of the plaintiff after which Manager Lannan of the Tribune was put upon the stand and questioned in regard to the circulation of the Tribune said he was willing to admit that it was anything any-thing up to a hundred thouand daily After submitting the article complained I of the plaintiffs counsel rested and I Judge Powers moved for a nonsuit on I the ground that the complaint did not set up facts sufficient to constitute a public offense The motion was argued by counsel on both sides and overruled over-ruled Judge Powers then made the opening statement to the jury on behalf of the defendant contending that the article I treated of a subject of public interest and was therefore privileged and no recovery could be had unless malice was shown The judge continuing said he expected to prove that the little girl was taken to live with the Fen stermakers and that Mrs Fenster maker treated her cruelly and had turned her out as stated In the article and that she was found by the sheepherder sheep-herder Murdoch a forlorn little object ob-ject dirty famished and miserable He expected to prove that Mrs Fen stermaker had habitually illtreated the child and although Mr Fenster maker probably treated her kindly the other members of the family did not Counsel said the character and reputa Jon of the Fenstermakers was bad and that Mrs Fenstermaker had beef charged in a justices court with cruelty cru-elty towards another child on a previous pre-vious occasion Manager Lannan for the defense was then examined by Judge Powers and stated he hal no acquaintance with Fenstermaker prior to the publication cation of the article complained of Judge Powers asked who it was that gave the reporter the Information on which the article was based I Attorney John 31 Zane objected and counsel argued the point of its admis sibllity until 515 oclock when his honor took j under advisement and court adjourned till 40 oclock on Friday resumed Fri-day morning when the hearing will ba |