Monday, Feb. 05, 1951

Unbroken Record

Last week Columnist Drew Pearson kept clear his astonishing record of never losing a libel suit. But for a few days in a Washington court, it was touch & go whether he would. On trial was the suit of California's ex-Attorney General Frederick Napoleon Howser. He wanted $350,000 damages for Pearson's broadcast in 1948 that Howser had accepted $1,200 to protect gamblers.

At the time, several California newspapers had also heard about the bribe story from the source, a man of none-too-savory reputation who was also a onetime Howser campaign worker. But they had not dared print it for fear of libel.

Pearson picked up the story on a swing through the West. After talking to public officials and newsmen, he decided that Howser's reputation was such that he could take a chance and make his broadcast.

But at last week's trial, two California Congressmen testified that Howser's reputation was fine in 1948. Through his attorneys, Howser denied accepting the bribe and claimed that his career had been "irreparably damaged," since he had been defeated* for re-election last June.

Pearson countered with four California Congressmen, who said that Howser's reputation had been poor in 1948. Pearson's most telling evidence: a deposition from the witness who said he had carried the bribe from a gambler direct to Howser. The jury's unanimous verdict: Howser had not been libeled. Pearson was the winner in his ninth libel suit.

* Largely because of almost unanimous opposition from California's major newspapers and magazines, including the San Francisco News and Chronicle, Oakland Tribune, Sacramento Bee, Los Angeles Daily News and Times, and Fortnight magazine.

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