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REPUBLICAN POST

April 15, 1915

 

HEARING FOR SLANDER

 

REV. JACOBS APPEARED BEFORE POLICE JUSTICE NORDVI

BOUND OVER TO CIRCUIT COURT

 

            The hearing of Rev. Anthony Jacobs of the First Baptist church of this city for alleged slander on complaint of N. Cohen, manager of The Fair Store in this city, was heard before Police Justice Nordvi Thursday.  Dist. Atty. G.H. Putnam conducted the examination for the State and Atty. F.F. Wheeler represented the defendant, Rev. Jacobs.  The case grew out of alleged defamatory words uttered by Rev. Jacobs in his pulpit in the morning service on February 28, 1915 which followed the reading by Rev. Jacobs of a circular letter from the State Anti-Saloon League asking that an appeal be made to the Senator and Assemblyman of this district urging them to vote against any bill that might be introduced for the repeal of the Baker Law.

            Mr. Lotz, who has charge of the hardware department at The Fair Store, testified that he sat in the rear seat in the main part of the church on the morning in question and that Rev. Jacobs in his preliminary remarks said among other things:

            “I’ll tell you, when a man like Cohen will argue for saloons for business’ sake, will tell you we need a wet town to make business good, he knows that you can sell shoddy goods to drunken people and shoddy goods is what you’ll find at a Jew store.

            “I am sick and tired of a blatant-faced, foul-mouthed Jew trying to dominate the affairs of our city, a man that comes from an oppressed country and as he grows wealthy trying to dominate our affairs.  And that is what you’ll find with all the Jews.  Wherever the Jews predominate you’ll find a dead town.  Take Antigo for instance and you have an example.  Give a Jew a finger and like the devil he’ll take the whole hand.”

            Mr. Lotz testified that when he heard his employer’s name used he took two envelopes from his pocket and hurriedly jotted down the part included in quotation marks, which was as much as he was able to take down while listening to other statements made by the speaker.

            Miss Mabel Hazen was called and testified that she was at church on the day in question and she heard all that was said and as nearly as she could remember the words given by Mr. Lotz were the same words she heard Rev. Jacobs use in speaking of her employer.  Much time was consumed in asking technical questions and cross questioning these two witnesses so that the noon hour came before Miss Hazen had finished her testimony.  At 1:30 Mr. Lotz was recalled for further cross-examination.

            Mr. Cohen, the complaining witness, was called by Atty. Putnam to explain how he had come by the copy of the alleged slanderous quotation.  He had heard that his name had been used and on Monday morning following the Sunday in question he asked Mr. Lotz if he had been at church and had heard what was said.  Mr. Lotz then produced the paper on which, as he testified, he had copied from the notes he had taken on the two envelopes the day before while in attendance at the Baptist church.

            Mr. Cohen was questioned as to the kind of goods he handles, whether he ever sells “shoddy” goods, and he stated that “shoddy” is a term used for goods made up by using filling made of chopped rags, and this kind of goods, he testified, he never keeps on sale.

            Atty. Wheeler took the witness for cross-examination and asked him to what race he belonged.  Witness answered “To the Jewish race.”  When asked if he is a citizen of the United States witness answered that he is.  He was naturalized since he resided in Waupaca.

            “Of what country did you renounce allegiance?” asked Atty. Wheeler.

            “Of Russia,” answered the witness.  Atty. Putnam interposed and objection.

            Witness was questioned at length on his stand on the question of “wet” and “dry” or license and no-license since the saloons were voted out of Waupaca in April, 1914.  He admitted that he had been allied on the side of the “wets” and had been quite active in the campaign just closed.  When witness was asked about his remarks about the meetings of Rev. Rayburn, witness asked Atty. Wheeler what he had heard that he said.  When asked if he had ever said that if the town only had another man like Rayburn the town would go to hell, witness answered “That’s a lie.”  Question was repeated and Atty. Putnam suggested to witness that he answer Yes or No.  Witness answered “No.”  Dist. Atty. Putnam objected to the wide range of questions used by Atty. Wheeler and suggested that he confine himself strictly to the matter proper for cross-examination.  When witness was excused Atty. Wheeler moved that the defendant be dismissed.  This motion was denied.  Atty. Wheeler then stated that the defense chose not to introduce any testimony at this time.

            The Court found probable cause to bind defendant over to circuit court in bonds of $200.  Messrs. John Hom and William Peterson went on the bond for the appearance of Rev. Jacobs in circuit court.