Jasper County Democrat, Volume 2, Number 19, Rensselaer, Jasper County, 19 August 1899 — “ FLUNKED,” [ARTICLE]

“ FLUNKED,”

Did the Cowardly “Padded Legal” Gentleman—Dared Not Face His Libel Charge—The Case Dismissed By the State.

With blare of trumpet and beating of tom-toms, on June 14, in the year of our Lord one thousand eight hundred and ninety-nine, one George E. Marshall, for some twenty odd years editor of the official organ of Jasper county and assimilator of “county pap” and dealer in padded legals, filed an affidavit with Esq. Bumham of Rensselaer, alleging that the said George E. Marshall had been grossly libeled by one Frank E. Babcock, editor or The Jasper County Democrat, in an item in said paper to the effect that “the allowance for publishing the last delinquent tax list shows that an overcharge of $22.55 was made,” to the great scandal, infamy and disgrace of the said George E. Marshall. Now this was “perfectly awful,” and the strong arm of the criminal law was called in and The Democrat editor was hauled up before the court, where swift retribution was to be administered. A surprise was in store, however. The defendant asked for and obtained a change of venue from the township. He also asked that the case be sent to Wheatfield or Remington, if agreeable to the plaintiff, but this was objected to by the plaintiff, and it was sent to Fair Oaks. Defendant then asked for trial the following week. But No! couldn’t possibly try the case at that time. Defendant next asked that the case be set for trial early in July. Another negative on the part of the state. Could not possibly try the case in July; the prosecuting witness, who had been so grossly libeled, would not be here in July. Well, then, early in August? No, cannot be ready until the middle of August. This was finally decided upon by the state, the defense having nb voice in the matter at all, and the case was set for August 15 So important was the case considered, and 80 “akeery” was Mr. Marshall that his star witnesses would be bought off and get out of the country, that they were all, the Barnacle editor, auditor, treasurer, and several others, placed under bond for sls each to appear at Fair Oaks August 15. But a mistake seems to nave been made in not putting the prosecuting witness under heavy bond to insure his appearance.

This looked very warlike, and some of the prominent taxpayers whose faith in the honesty of the editor of their official organ had been wavering for some time, thought perhaps he might have been libeled, and the bluff gave a little temporary relief.. But what was the outcome? Notwithstanding that the case was continued for sixty-one days at request of Mr. Marshall, that he might return from his western trip, which he mentioned at the time of continuance, he put off going until late in July with the evident intention of being almost any place other than Fair Oaks when Aug. 15 rolled around. And he was some place else. This intention, however, could only be presumed on the part of the defendant, and he must go ahead and prepare for trial in order not to be surprised by the state’s putting in an appearance, and at considerable expense he had employed attorneys and spent valuable time and money in preparing a chain of evidence that would have made the hair raise on the bald heads of some of the old taxpayers of Jasper county. All this trouble and expense was for naught, as the prosecuting attorney announced Monday morning that he had the day previous received a letter from the much abused George E. Marshall, stating that it would be impossible for him to be present at the trial. Not wishing to go into trial without the man who had been so deeply disgraced, the prosecutor went up to Fair Oaks Monday afternoon and entered motion for dismissal, which was sustained, and Mr. Marshall has been vindicated (?). But, in the eyes of every honest,

thinking taxpayer in the county, his action shows that he dared not face a trial and took this method of evading it, after getting the case continued for an unreasonable period. It was a great big bluff which didn’t work, and while Mr. Marshall is not out one penny, he no doubt felt that the truth was bound tocome out some time, and he made the bluff cost The Democrat editor SSO or S6O anyhow, very meager satisfaction it would seem for a man who was so anxious for a vindication. Meanwhile The Democrat is still doing business at the old stand, and any taxpayer who doubts any statement appearing in its columns regarding the management of public business in Jasper county, can have his doubts dispelled by calling at this office and examining official figures in our possession or going with us to the county records.