Terre Haute Weekly Gazette, Terre Haute, Vigo County, 9 March 1882 — Page 2
DR. CLARK
JOHNSON'S
I THAI) E
MACK.
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PATRICK SHANNON.
His Suit Against Charles Eppinghoosen for Libel
la Revealing the Secrets of the Eotten Court House Bing.
From Thursday's Daily.
[The suit for libel brought by Patrick Shannon against Charles Eppinghousen, architect, came up in the Circuit Court, yesterday in an argument on a demurrer to the answer. Judge A. B. Carlton spoke for Shannon in the morning as stated in the GAZETTE of yesterday. Mr. N. G. Buff and Judge 0. F. McHutt addressed the court for the defense.
A very full abstract of their remarks is printed herewith. Mr. Shannon is ostensibly the plaintiff in this case but there was never in this world a more remarkable illustration of the experience of the gentleman who had the bear by the tail and was equally appalled at the prospect whether he keld on or let gr. It looked for a little while at the first as if there might possibly be something in this case, but when Mr. 6'hannoa, in his enormous and abnormal appetite for the money of others, refused to pay to Bunting the $2,500 he had in his bank and which he had been keeping dark about, the whole case became clear to the public, and the hollow mockery that this suit was become apparent. It is the detire and the intention of the GAZETTE that nil the facts about our proposed court house, its origin, its complcx and muddled consideration aad its tinal overthrow in the name of decency and honor, in and through and over all of which lay the dark shadow of Shannon and his sinister purpose to feather his nest while the tax payers were giving of their substance to build it—it is, we repeat, our purpose to see that the people shall know all the facts. Sometime in the distant future a court house will have to be built and Patrick Shannon shall not make money out ot the operation if the tull and fearless publication of the truth in the GAZBTTE can prevent it. But we are keeping the attorneys waiting. Their remarks were as folio vs:] ,.av.
N. G. BUFF.
We are no^ discussing the questions that arise upon the demurrer to the answer. Mr. Carlton has conceded that a bad answer is good enough for a bad complaint. I wish to discuss this question in an inverse order of Mr. Carlton's discussion. I will lake the complaint and then go to the answer, I will discuss the complaint and then the answer a9 applicable to it. I cannot think the gen tleman serious when he contends for a moment that the first paragraph ot the Complaint is good. I cannot think that he is serious when he says that "the language of the publication is libelous 'per 8®.' I want to re-read the libelous matter as charged in the second paiagraph so that your Hdnor may have a distinct and clear recollection of all there is in it. The alleged libel is in this language: [He here read the published interview with Mr. Eppinghousen]
Our first proposition is that tliefe is nothing in this statement, in this publication that is libelous in itself. It simply chargcB, or makes known the fact, that Mr. Bunting had informed the defendant iu this case, Eppinghousen, that he had paid Shannon a certain sum of money $2,rQ0—to i:ate his plans adopted by ihe Board of Commissioners. That withiu itself could not be libelous. I take it for granted that it is a well-known fact tfiat contractors and persons Seeking profitable employment of this kind where large sums of money are involved and where commissioners are aqthorized to employ them, they seek influence and aid tjtfottgh the agency of others and pay theiOor it, and it is a mere question of eonscience or propriety ,a» to whom they eiqgrioy and the amount of money paid, apd- iro maintain that a charge qf that kidd, if it were tnie.fwoulu not and could not willjin itself be slanderous or libelous In ofdec mako^the publication of the. charge libelous-*thie must be 'some extrinsic facts alleged 'which, wheq counted with the published matter, would b(ifcom6 Uliei, and it is the office ot the Jinduce&eot to allege extrinsic facts, and those must be tacts tvhich must be proven upon 'thft trial., JtVhat fadt" is Connected with ijthe matWt of "publication that would make it libelous? They allege Jhat Shanflim- is a banker and that he is afpaB of good credit, and that is all they dej allege. Ao innbendo cannot-en-large me. meaning of libelous 'language sometl^ng mortf thi^ innuendip, is necessary for tnat purpose. To have madaa^ good indpcemt#t or to have, .aljteged extri sic1 facts Which wbuld make .this language aclfonabte it would nl^ro-be alleged that S^7TT»tt was alwMcerani as said banker he had some connection in some way with ti.is inninngs and that he was effected by thitf publicatioh as a banker. Where a charge is made of libel or slander against a person in a particular ohaiacter or capacity the manner "in which he is efleeted in that character and capacity must be specified, alleged and pointed out It must be alleged how Mr. Shannon, as a banker, was injured by the libelous matter.
There is no charge that there had been any fraud committed, »hat there had been any bribery perpetrated. In order to have made the complaint good by way of inducement the gentleman should have alleged, and if h* had alleged a stale of facts like this he might make a case, he might have alleged that the County Commissioners w?re engaged in the erection of a court house and that the Board of Commissioners or the individual members were bribed by some one and then, charging that this libelous publication had reterence to Mr. Shannon as being guilty, that would be extrinsic lact and coupled together with it would be libelous. Or if it had been alleged that the Board of
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V* TIIE TERRE HAUTE WEEKX,r GAZETTE.
Cotr mission!?* bad been bribed by some one as a fact, or it had alleged that some oa« had said thai the County Commissioners had been bribed, that wou'.d be liMnus and then connecting that with the publication you make it good. But there is no charge in the complaint thai there had been any bribery perDetrated «pon th: commissioners there is no ohiige that »Dy one had offered a bribe.
The offlre of an immmdtH^to explain the meaning of a libel as it appears from the publication and as taken with the extrinsic facts'of the charge and cotipled with it and it cannot supply or enlarge the meaning of the wordV. The gentleman is arguing tbU case as though he had aright to come hete to ihe trial of this cau-e to prove how somebody else understood this language, and he knows the court would not alio* any evidence upon that question.
Suppote we grant the gentleman's view ot the ct»sc that this amounted to a charge that'ihe LVmrd of Commissioners, us they allbge it, wrr^ bribed, tampered tli supp£S that ia Ihe meaning, tuppose il were sufficiently alleged, vet we say that it ij immaterial and could not be libel, for t.l^rlftsiut. A B"ard of Commission'. icajui'H he bribed, individual mem bet lu'ay l»e bribed but the allegation that a Board of Cocimissioners was bribed would DOI support any complaint for libel it.could not be proven it is not possible It i« not a crime to affirm that a Board of Commissioners is bribed because it is impossible to bribe it So much for the complaint. It is not good it fails to aver any extrinsic tacts which would make the publication libelous when taken together with the extrinsic facts. IL affirms that Mr. Shannon was a banker without showing how he was injured as a banker it avers that he is a roan of good repute without showing how keliafe been injured in that characer, nnd that is all the inducement tht re id to the whole pleading and by way of innuendo they avir that because the board of commissioners had this contract upoa their hands that it was understood that this publication meant something corrupt. Judge Carlton maintained that the matter in itself was slanderous &nd libelous. He says that no one tould pick up the papr in which this appeared and read it without understanding that something corrupt and rotten was charged. The building of the cout house is a public rnatUr, a subji ct iu wrhich the public is interested the board ot commissioners who have in charge the building ot it have in charge a public mutter, the men who seek to build it, seek public employment, and meu who in any way participate in the matter are engaged in a public matter and I say that the defendant in this case had a right to say—concede all that they aver here, that "be caused this publication, which we deny, of course, and which they can't prove, but ccncede that now for the sake of presenting the question upon this demurrer I say that Mr. Eppinghousen, being publicly connected with this matter, and Shannon also by his connection with this enterprise was connecied with a public matter, and the law is universally recognized to be that he who occupies a public position i» subject to a fair and reasonable criticism of his public conduct. Here is Mr. Eppinghousen seeking the employment as architect of this public building which was of interest to all the people. He had some connection with Mr.. Shannon, he had business with Mr. Shannon and 1 ask the court in coustqiunce of this whether it is libelous or,not? I ask whether Mr. Eppinghousen said one.word more than he had a right to say in his own jusliflcationV Suppose il is true ihat Eppinghousen was seeking this position and when he came in contact with this large demand of $2500 to be paid before he conld secure it be had the appointment, it was a public place, he was under obligations to the public, and he cither had to lie down be fore these men who were attempting to bankrupt |nm if he went on with ihe job or else he must come out and tell the trutu about the matter, and I ask it there is one word in this publication that is not necessary to the proper vindication of Mr. Eppinghousen under tho circumstances? He either had to give up that employment or pay $2500 aud join hands with the man who told him that ho had paid $2500 in order tajjet ihe place, and thus""" waste P^alW their pto&ts the Vginning. He had to a|y lhat or explain why he withdrew frotatha* public AplOyment. He had & fight, say 41II h^aid^ay for his loton vludirtftion aim there isfiiot a single Woird Wibff pabliaSId statement that he bad n,ot a irtgbt to say to
Mr Shaken 'was connected '. with the court house in any way be nrajrt subject himself ti» nksonable and tairjcriticism, if icfiiicism ft deserved he subjects hiinself to it when he cotties in. and undertakes fdessisti|i building the conrtbotise, tbe pnblio ej*e is upon hjUn. Shannon wastlemaoding, according to this statemeat* money which Eppinghousen was unwilling to pay anU he either had to pay the money or (rtolain why be withdrew from the public business, and thisjsplanaiion is all that is contained ihtro ip^oalfcd libelous publication. B4 Simply 'lays that h§ concluded under, hfoice to withdraw irotn the busineg?, adahe qould not withdraw wi hout ^itii^^the/reaspA- in regard to his ov.n.&ta"dln but bcscould not do that conduct of Sh^"
onauct,
niioghoU^eMirttid fcothioj tindte ply savs th-Ht bis partnerjold him that he hud 1 raid Shannon this• sum-of money he tlkkt'isoy.' iv-wos Iruef4i* says he had tb? wjoi^^l:iui»rpoxtiiefs and that he defrom him, and that is his reuton for withdrawing. He has said as little as he could say In justice to Bfriisslf, and he has net said hall as much as he might say in reference to oth*r».
sim-
We say the answer is good for the reason that it simply negatives tbe material ar^umtn's of the complaint.
c, MCNl-TT.
We think the complaint is not good, there is no libel.
They allffce the fact that Eppinghousen and Bunting had been appointea architects for the new court house and that Bunting informed him (Eppinghousen), that he had paid Shannon $2,500, and Bunting told him this several times. To that what do we answer? -Simply that what Eppinhousen says is true. What are the extrinsic facts. Eppinghonsen, ss the complaint aM answer show, had:public. That is alT
been appointed as architect of the new courthouse with one Bunting. That had been done some time prior to tbe time of the alieged publication of the libel, and on the very day upon which these libelous words were uttered, or the day previous to their publication within an hour or two ot the time that tbe communication was made to the reporter who published them, the order rescinding the appointment of these two men bad been entered by the Board of Commissioners of this county and an end put to their relations as appointed architects.
What does Mr. Eppinghousen say that he hadn't a
1
ight to say He is asked to
explain why it is that he ceases to be an architect of the court house. It don't involve the question as to whether Shannon was guilty of bribery or of demanding money. Mr. Eppinghousen had a right to explain hia conduct having received the appointment in connection with another man., and he did right to lay the matter before the Board of Commissioners and to end his relations with Bunting. His co-partner had come to him ana told him that he had paid a man $2,500 to get him the job. He had a right immediately upon hearing that, without any reference as to whether it was true or not, to say that if this man were lying about this thing he is unfit to be in such employment and he would not be associated with him, and if he is telling the truth he will not have anything further to do with him, and upon that state of facts it was bis duty to lay the facts before the commissioners. The question is not whether Bunting paid to Shannon $2,500. Who is Shannon? What relations has he to the Board ot Commissioners What relation is shown between him and everybody He is not the Board of Commissioners, lhat is certain. Nothing in this pleading says so. He was not their attorney or confidential adviser. There is nothi?g of that kind shown in the comp aint. He did not sustain any relation to them that would make it wrong—I mean legally wrong, for him to take the fee It might be a question of public policy but the courts would not enforce its collection it was infamously bad. Let us suppose that instead of this being Mr. Shannon, and it seemB that this libel gets all its virtue from the fact that Shannon is the man about whom it is written, I suppose it it the odium that is attached to him, there is nothing in the language that is libelous. I suppose because it was predicted of Shannon people thought there must be rotteness. Let us apply it to some body else. Rome man about whom no suspicion of corruptness or bickering had arisen I doubt if any»'o ly would hare thought about this being libel. Suppose it had been eaid about Mr. Carlton for instance,.would anyone have thought of libel? But let it be applied to some man whose reputation tor honesty and trickerv is bad for it is only when coupled witlf the party of whom it said that it bccomes odious and infamous.
To make this complaint good, I assert as a legal proposition, well founded and well based on authority, that there must be shown such relations between the plaintiff in this case and the powers who had the authority to make the contract as that the exercise of good faith would have made it legally odious for him to have taken money to exercise his influence over them. I am not talking about the good taste of that matter but about the law. It would bave been infamous in me to accept fees to exercise vay influence.
JUDGE CARLTON.
Ii ftow appears from the argBffi&ht that supposing all this alleged libelous publi cation to be true, suppose Shannon did do what is averred here, suppose Bunting did pay him $2,500 they say, what does it amouiitto? It is not libelous, it is not censorious, it does not fall within the idea of libel because Mr. Shannon was not in an official capacity, that his connection with the Board of Commissioners is not shown. I understand them to assume that if a private citizen engaged in "log rolling," -lobbying," receiving pay for his peisonal influence for the purpose of getting a contract that it is all right it is nothing actionable it is a "mere matter of taste!' It was considered by the Board of Com missioners that this was an infathous transaction and tbey straight way rescinded the order for a court house. The transaction on the part ot Bunting and Shannon if true was considered censureable, discreditable and disreptuable. But the theory of the gentleman is that this iransactionwas all right and no violation
was the use of rescinding the order of stfch sort of log-rolling is legitimate, and proper and not censurable
A. J.KELLEY.
A Statement of .His Connection with the Cases of the Bank Robbers.
A GAZETTE reporter met Prosecuting Attorney Eelley last night and entered into a conversation with him regarding tbe release on bail of Simmons and Hunt, tbe two men thought to tie implicated in tbe Shannon bank burglary. ••On the same day of the burglary," said Mr- Ivelloy, "when the excitement was at ill highest, I went before the grand jury, as I thought it my duty, and true bills were found against the two men in custody. Up to that'time we had no evidence upion whioh' to convict cither of them, and their bail was fixed at a figure that we thought* wpuld prevent them from getting out. This was done to keep them hete for further developments. We set about to procure evidence against them. I went to Indianapolis &nu other places in hope of finding a link but waS unsuccessful- The efforts of the officers to counect the case were also fruitless. In the meantime the two prisoners employed the Ivst legal talent in town and began to fight us. What was to be done The prisoners came irno court by their counsel and endeavored to force "the case into atrial. We avoided it and fortunately, too, for if it came up the men would be* acquitted without difficulty. Wc had no more of a case against either of them than we had asainstyou." "Did bhannon get his money asked the reporter. "I cannot say" answered Mr. Eelley "of my own knowledge, but I understand such to be the case. Of course we could not prevent tho prisoners from getting bail. Some strictures have Deen made upon me as Prosecuting Attorney, and I want to put myself in the right light before the
That ia oil
mi J-*-"*'* S?
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"GOD SAfS WWM'
^W' "W
Is tfi« Happy Song That Echoes Throughout England Today,
At the Failure of the Aicassin's Attempt Upon the Life
fljj^Yictoria
Farther Particulars of the Affair—
*a Dissipated Excentricr
Cfl5 A*-**.* ATTEMPTED AS8ASSIXAT10X Of THE QjDK&N.
LONDON, March 2.—The Press Association says Queen Victoria was fired at at the Windsor railway station to-day. She escaped unhurt.
TIIE ATTACK ON THE QUEEN. WINDSOR, March 2.—Evening.—As the Queen was entering her carriage this evening, a man in the station yard deliberately fired a pistol at her. The man who was a miserable looking object, was immediately seized by several policemen and taken to the Windsor police station. No one was huit
THE MISCREANTS NAME.
LONDON, March 2.—The man who fired at the Queen gives bis name as Roderick MacLean. .ni-d,
A 6BEAT SENSATION.
LONDON, March 2—7:30 p. m.—The Queen drove off to the Castle immediately after she was fired at. The miscreant was followed to the police station by a large crowd ot people. Newspaper hawkers are now crying tbe news on the London streets. It causes a great sensation.
As soon as the Queen arrived at the Castle she ordeied an equerry to proceed to the depot to inquire if any one bad been hurt. The report of the pi»tol was sharp, but not loud. MacLean apparently intended firing again, when the revolver, which seemed to be a new one, was knocked from his hand by a bystander and handed to tbe police. Eton scholars were prominent in the attempt to lynch MacLean. Ponsonsby, the Queen's Secretary, proceeded to the police station, and after obtaining all the information possible, telegraphed to Gladstone tbe facts of the assault. It is understood that the Queen has not sustained any shock. MacLean is said to be an inhabitant of of Southsea. The general opinion is that the act was the result of lunacy
DETAILS OF THE AFFAIR.
LONDON, March 2—The miscreant
S[e
ives his name as Roderick MacLean was with difficulty rescued from the crowd. The Queen arrived at Windsor abour 5:25. She had been in London since Tuesday, where she gave a drawing room on Wednesday, in honor of Princess Helena, of Waldeck, who is to marry Piinco Leopold. The crowd assembled at Buckingham Palace this morning in hopes to see the Queen drive out. The demeanor of the people was cordial, as usual. There was a large crowd of spectators awaiting tbe Queen's arrival at Windsor. Tbe Queen walked across tbe platform of the railway station to the carriage which was in waiting to take her to tbe Castle. John Brown had already ascended to the peat behind the carriage, when a man* standing at the entrance to tbe station yard among the spectators pointed a pistol at the carriage and fired. To judge from the report the pistol was »ot heavily loaded. The Queen, who was probably not aware of what had happened, was immediately driven tc the Castle, but before she passed the man bad been seized by the Superintendent of the bor ougli police, who was standing near by. He" was violently seized by the crowd, and only rescued when three or four policemen came to the Superintendent's assistance. The pistol was captured by one of the crowd. MacLean, who was miserably clad, was taken into High street, and thence coavcyed to the police station in a caj).
TIIE NEWS IN CANADA.
TORONTO, March 2.—The announcement of the attempt to assassinate the Queen occasioned great excitement here. Only when it was learned that the attempt was unsuccessful did the people breathe easier. *.
1
1
Otter Creek Democrats. The Otter Creek township Democratic convention will be held on Tuesday evening, March 14th, at 7 P. M. at Stultsschool house.
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A Berlin correspondent says that Auerbach's death is believed to have been accelerated by tbe German Juden hetze.
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A POPULAR TONIC
For Week Langs and Consamption
No preparation ever Introduced to tiio American publio, for tne relief and oare of Coughs, Colds, Sore 'throats, Debilitated Constitutions, Weakness of the Long*, or Consumption In tlie Incipient or advanced stages of the disease, has ever met with the indorsements of ubysleiana or patients aa the celabrated "Tolu Rock and Rye." Tho repeated and continued sales of the Article eveijwhere are the beet evidence of its real merits. Letters and testimonials from every quarter of the country, attesting the stimulating, tonic and healing effects, are In possession of the proprietors, and c«n be adduced to convince the most skeptical reader of its intrinsic virtues. .Further commendation is unnecessary and superfluous, as a trial of this article, having a pleasant taste and agreeable flavor, will satisfy all those who are afflicted or pining away with pulmonary weakness of the relief to be secured by the use of Tolu, Rock and Rye. (Chicago Times.)
What is known as tbe English Garden at Homburg is in tbe market. It was formed by Princess Elizabeth, daughter of George III. of England, and sold to Mr. Blanc, whose ^id9^'s heirs now offer it for sale. j,
IRRITATION OF THE SCALP.
I*
An Authentio Testimony.
Gentlemen,—Far five years I bave been greatly troubled with dandruff, with a severe itching of the scalp, and hair falling out. I bave tried almost ever}' known remedy, all proving worthless. Seeing Burnett'8 Cocoaine and Burnett's Kalliston advertised, I procured a bottle of each, and am happy to state that the dandruff is completely removed, and no ttching whatever remains.
Burnett's Flavoring Extracts are the best iU-
Mrs. Brooks of Indianola, Iowa, sold her husband's overalls to a rag man. the other day, and fortunatly the rag man was found in time to recover $100, which had been put in the cast-off-garment.
WHY WEAR PLASTERS?
They may relieve, but they can't cure that lame back for the kidneys arc tho trouble, and you want a remedy to act directly on Bieir secretions, to purify and restore their healthy condition. KidneyWort has that specific action—and at the same time it regulates the bowels perfectly. Don't wait to get sick, but get a package to-day, and cure yourself. Either liquid or dry for sale at the drugist. —[Binghamton Republican....
Anew way of punishing children in the Buffalo Orphan Asylum is letting the sash of a heavy window down upon their hands, and thus confining and torturing them in spite of their groans and crie9.
AMERICAN LADIES.
£i
J. E. CAVEN, Kansas City, Mo.
The first impression Sarah Bernhardt received of the American ladies manifested itself thusly"Ob! ze ladies, za are so beautiful, such clear complexion I nevare see before," all of which is due to __ the universal use of Swaync's Ointment for skin diseases, which insures a cleats s~* and clean complexion, and a healthy* V" odor. This recalls to mind the divine precept, "Cleanliness is next to.Godliness." 5
The Greek Testament in the pricUnt tongue is now, by order of the Greek government, read in its 1,200 schools, which have 86,000 pupils.
SKILL IN THE W0RKSHIP, To do good work the mechanic must wpjj have good health. If long hours ef confinement in close rooms have enfeebled his hand or dimmed his sight, let him atv once, and before some organic trouble apWpears, take plenty of Hup Bitters. Hiaf system will be rejuvenated, .his nerves strengthened, his sight become clear, and hia whole constitution behuilt^ dgjglo a better working condition. -..J
Tombstone, Arizona, is growing so idly that they soon expect to betenough to change its name to~ gus/ rsi
Mr. It J. Sherwhr, of Concord, H. 4 writes: *1 have a good" old Hunt who keeps house for: wifo and baby and I. Of late she lias, bOttiflpi groaning and complaining Our famityF# doctor could not find out What uiled her and yet often she would keep her I for sevt-ral days I persuaded ber to Brown's Iron Bitfen, and to my astonish ment the has never coteplained since. She now calls if 'her medicine, and recommends it to everybody.
Senator Pendleton and E. al Washburne have been selected as the orators at the La Salle bi-centennial celebration, which will be held in New Orleans on April 9.
Lydia E. Pinkham's Vegetable Coinpound has rapidly made its way to favor among druggists, who have observed its effects on the health of their customp Send to Mrs. Lydia E. Pinkham, Western Avenue, Lynn, Mass., forararlis phlets.
The cat is the great American prima donna. v.... .-.
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Each
box
containing one mouth's treatment One dollar a box, or six boxes for five liars seat by, mail prepaid on receipt of price We guarantee Bix boxes to cure any case With each order received by us for six boxes accompanied by five dollars, we will send tbe purchaser our written guar •nteeto return the money if tbe treatment does not effeot a cure. Guarantees issue only when the treatments ordered direct from us. Address JOHN WEST & CO., Sole Proprietors, 181 and 183 W Madison street, Chicago, 111. Sold by Cook & Bell, Terre Haute, Ind.
Col. J. K. Powers of Keokuk has chartered a steamboat to take 300 Iowa veterans of the late war on a fortnight's exenrsion to the battlefield of Fort Dcnelson, Shiloh, Vicksburg.
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