Billboard advertising (May 1895)

Record Details:

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The Fi ght Is On. THE O. J. GUDE CO., versus ED- WARD A. STAHLBRODT. Complete report of the proceedings before the United States Commis- sioners. The following Is the sten- Q. You don't think i Tun UMITKB STATES of America, 1 LtBVAttO A STAHLBRODT j Bbmjauin R Snui F,l»WO»l Q Have you a postal c, 1 Mr*, sir. (_>. Will you please sla not you ever bail any con Hie defendant in regard t> it wa«? A. I did; I tin postal curd. ,f April. s that? A. On the 4 th ved him ilu- postal card ,aid that bv his orders nui that the postal card was mailed by him. Q, Did lie stme where? A. Right there. , Q. In Ihe city? A. I asked him where it kn mailed. He said, "right here." Q. Where were von when he Hid that, A. At 6« Broadway, his office. There is a post office chute in the build- ing and it was mailed there. The postal card is offered in evidence and marked Exhibit I. "6ii Broadway, New York. 14. Y. "March Mill, 1S95. "1 am informed that the O. J. Glide "Co, this dry, bas contracted with the "A.l.i.1 aoklyn, r of * obvi njurionsly that card ll 11 violation of the sta- rt It was not in-ended to play April fool 00 yon, was it? A. Oil, 1 did not catch on, Mr. Rose. Q. From whom did you receive il? A. Prom either Mr. Ash or the chief clerk in the regular ci Q. ltd other, to-wit, the O. J. Gnde Company, the said postal card at the day and date aforesaid being 50 deposited in the Post Office in New York addressed to L. M. Crawford, Topeka, Kansas, and the said postal card will be exhibited upon the anamination before the United States Commissioner, before whom the defend- ant may be brought upon the warrant issued upon this complaint," I read the statute very carefully, and 1 find this is the statute: "That all matters mailable by law, up- 1 the "posted. "This paper is to commence going out "the latter part of this month. "I--ratcrnally yours, "The Associated Bill Poster*' Ass 11, "Ed. A. Slahlbrodl. Representative." Crois-exuniina'ion by Mr. Rose: Q. How long before this date hart you re- ceived ibis posml enrrt i A. I received this 011 or about the irt of April I no- ticed by UM jacket— the jacket is dated April 1st, 1K95, directed to Mr. Ash, re- ferred to me, mid 1 ordinarily receive them 011 the following day. If I was in Iowa then I presume I received It ou that day—the and any word in the English language "« out subjecting himself to or the statute. I say it ia plain on the ' face of this that tbere can be no crime made out, so long as it relates to the postal card. Mr. Ball: Now, if the court please, only one word on this postal t can possibly come under the e statute, and it is in these *As I understand, they will try to '^olly" you for a thirty days' dis- play at a two weeks' price." The only point is whether or not this Is a state- ment made upon this postal card which might come within the view of any per- son that might see it as to whether or I •eside a) Jose, Cil), but I flice Inspector, headquarters in the Post iug in the City of New York ? hai y the inspectors here? A. That is lb enera! course of proceeding. O. Po you know who in your offic rsl received this postal before it wa cut to Washington? A. Yes, my im ressiou is that this gentleman— What is the name ? A. His nam ttfapfld nty memory—Mr. Duuca —well, a gentleman cam lascivio —and then I got the postal card and carefully went over it, and I could find nothing io it, even by the most vivid exercise of the imagination that was covered by the words I have just read "defamatory,"—I will pass for a moment. "Or threatening character" — there is nothing threatening in this. "Or calcu- lated by th= term or manner or style of display"—certainly there is 1 the person named in the postal card. Now, you are as capable of judging that as I am or anybody else. If the card itseiris a violation of the law, why then it speaks for itself. So far as CcpoBiting it in the mail box is concerned, there ia There are only elee tain whom I supposed into the office and had an interview with the chief clerk, and presented this postal card. The chief clerk referred him to, me. I eiamioed the postal card, and listened to the statements that were made by Mr Gude, I requested Mr Gnde to express that in writing, and submit it to the office He did so. Q. Yon have that writing in your possession? A. I have it here. This was delivered to the chief clerk who sent it to Washington with the postal card and that memorandum requesting that it be duly jacketed in order to have it re- turned to this office for a proper investi- gation. That is the way it came into my Q. You ere sure this man said he de- posited this postal card in the mail him- self? A, Yes sir; lam positive of that. Q lu other words the investigation that was begun— A. Pardon his presence. ( Reading memorandu ' I mailed the postal card The addi I ordinary printed postal card. "And obviously intended to reflect injuriously on the character or conduct of another" And then I took this postal I compared it with the statute. I will read it > joni not make any difference what quarrel is behind it. It does not make any differ- ence what there may be on the part of any by way of aggrieved feelings, or any- thing of that kind. The card itself, and the mailing of it, are the only two ele- mcnta in the ofleuse. That ia all I have to say in regard to it. Mr. Duncan: I want to ask the liberty the O. J. Gude Co.. of this city, has con- tracted with the Adams'"Tutti Fruilli 1 . and then I stop. There must be the tbing, if your Honor please, that this man is charged with—"by fti display and obviously injuriously upon tliei " of another." I do not know what "lutli- fruttti" may mean. It is a name, I am told by my ehilJren, of a chewing gum that bas cost me many shekels. But there is no other word on the card whose meaning is not ki own. "Chewing Gum Co., to bill your city with 18 sheet stands and one sheets. The s'and work calls for a two weeks' guaranteed showing at at three cents per sheet, posted as chance aderstand, they will n fori ''with iS-sheet stands and 1 sheets. The "stand work calls for a two weeks guai- "onteed showing at six cents per sheet, "and the i-sheetsat three cents per sheet, "posted as chance may olTcr. As 1 under- stand, they will try to "jolly" you for a "thirty days' display at a two weeks' "price. Our estimate was at the regu- "lar Association rate of three cents per "sheet, per week, for you. Slicli to the ■ imy thin way through--April 4th, >So 5 " of Mr. t of -lliein- niuut-d at the le,aud on his com- plaint to the oflii plaint to the office. Mr. Ball: That is the case. Mr. Rose: I move to dischar^-e this defendant. I want to call your Honors attention to this statute. When I was first retained in this matter 1 did not have the complaint, and I came here to sec what the complaint was. and 011 look- iug over the complaint I found that this defendant was charged with •'unlawfullj- aild willfully and knowingly depositing lepo cd for ailing anil 1 delivering, a certain postal on which was then aud there printed 1 defamatory character and eks' price. was at the regular Association rule 0/ three cents per sheet, per week. Stick to the price as your city is on the list to be posted. This paper is to commence going out the latter part of this month. Fraternally yours,"—that cannot be the word thai is defamatory—"The Associated Bill Posters' Association, Ed A. Stahl- Now, what is the meaning of that pos- tal card ? The only meaning (hat can he drawn from it is this-that the Gude Company have taken a contract with the Adams'—I dare not say the words next— Chewing Gum Company to bill your city aud they will try to get from von a con- tra :t to do four weeks' work for a two weeks' price Now, in tue name of Heaven, is there anything wrong about that ? Why, Mr. Commissioner, the idea that we should he underbill in jeopardy of what?— I'in than f5,000, or imprisoned at hard labor idea is so horrible to any orJinary init.il on looking at that paper, that il is iu- stantly rejected. There is nothing in ol the parties, you may proceed. Mr. Duncan: As the District Attorney has pointed out to you, Mr Commissioner, the only words in this postal which come under Ihe section of the. statute pointed out to you, are contained in the sentence, "As 1 understand, they will try to "jolly" you for a thirty days' display at a two weeka' price." You will note that in the first part of the postal, the sender in- forms the recipient of the postal that a certain contract has been made by the Gude Company, with the Adams Com- pany, and that it has been made at a cer- tain price, which, as a matter of fact, is not true. The price is not as staled. It then states, that, as I understand, the Gude Company having made this con- tract with the Adams Company at a cer- tain price will try to "jolly" yon into giving a thirty d*ys' display at a two weeks'price. Thai meaus only one thing —that they will get the paper posted at the regulation price for two weeks, and then will "jolly" them into letting the paper stay up for two weeks longer, for a thirty days' display. Besides, the word "jolly," as my It i end s word in this pos-«l that talion, except ' tutti-ftuilli." so, I think he ranstadmit thai the word "jolly," which is a slang expression, in- dicates footing humbugging, inducing or misleading by false pretenses in some way. Now » bat is charged on that pos- tal is that the O J. Gude Company will try to get this paper throughout .the country, will try to get it up for two weeks at regulation prices, and at the end of that time, will, by false statements ." if that is