LIBEL PROCEEDINGS AGAINST EDITOR, PT. 2

Benton B. Jones, proprietor and editor of the Cortland Democrat.

The Cortland Democrat, Friday, January 13, 1893.

Court Proceedings.

◘ When we went to press last week the case of Jerome Squires vs. Benton B. Jones was on trial. The jury was secured on Wednesday evening and the trial commenced on Thursday morning and was continued until Friday afternoon when the jury went out to deliberate at about 5:15 P. M. On the first ballot the jury stood 4 for no cause and 8 for cause. They arrived at a verdict at a few minutes of three Saturday morning. 
◘ On the convening of court at 8:30 Saturday morning the jury came into court with a sealed verdict, whereby they found a verdict for the plaintiff for $350. It is understood that some of the jury marked as high as $4,000 on the start. The verdict was a compromise as two of them stood for no cause until it became evident that an agreement could not be reached unless they conceded something to the plaintiff.

◘ The DEMOCRAT is under lasting obligation to those members of the jury who stood for what they believed to be right. When it is understood that there were eleven Republicans and only one Democrat on the jury, the result is quite satisfactory.

◘ Clarence Miller vs. John B. Cottrell. Parties reside in Scott. Plaintiff sued defendant for damages for false imprisonment. The case was tried at the October circuit, the jury rendering a verdict for plaintiff for $100. Neither party was satisfied with the verdict rendered and they agreed on a new trial in open court. The jury at this term found a verdict for plaintiff for $200.

◘ Jacob Grassman vs. Henry C. Carr. Plaintiff who was game constable in this town in 1891, brought this action against defendant, who was acting as state game protector, to recover one quarter of the sum collected from D. G. Corwin for violating the game laws. The jury found a verdict for plaintiff for $80.62. Smith & Dickinson for plaintiff. J. H. Jennings for the defendant.

PAGE FOUR—EDITORIALS.

Squires vs. Jones.

   The libel suit brought by Jerome Squires, the present District Attorney of this county, against the editor and proprietor of the DEMOCRAT, came on for trial last week Wednesday evening, when a jury was secured and farther proceedings adjourned until the following morning. The plaintiff withdrew his claim for damages alleged to have been sustained in that part of the article which charged that "His father's large estate rapidly disappeared in his hands, etc.," and proceeded to trial on that part of the article only, which referred to his management of the estate of his ward, Wakefare Parker. The case was tried on the part of the plaintiff by T. E. Courtney, Esq., Hon. A. P. Smith of Cortland, and Hon. John B. Stanchfield of Elmira. Messrs. Kellogg & Van Hoesen of this place appeared for the defendant. It took all day Thursday and Friday to try the case, the jury retiring soon after 5 o'clock of the last day. The result of the trial appears in our account of court proceedings.

   The case was ably tried on both sides and the summing up by Mr. Kellogg, on the part of the defense, was conceded by all to be an eminently fair, concise and able presentation of the law and facts in the case. Many of his arguments were unanswerable and for that reason undoubtedly, no attempt was made to answer them. The very able manner in which Mr. Kellogg tried this case proves that he has few equals in this part of the State as a trial lawyer. Mr. Stanchfield made as strong a case for the plaintiff as possible. He is a very shrewd manager and a fine speaker.

   Judge Forbes was eminently fair and just in all his rulings. The defendant has not the slightest reason to complain of word or act of this eminent jurist throughout the entire trial. His strict impartiality was noticeable and was frequently commented on by members of the bar, and others who heard the case tried. Although a strong republican himself, no one that did not know the fact would have mistrusted it. In fact he frequently charged the jury that they must not allow politics to have anything to do with the case.

 

No Fishing With Tip-ups.

   The chief game and fish protector has just given notice that the use of tip-ups in fishing through the ice is illegal, and that the local fish protectors are expected to prosecute those who use them. Tip-ups have been used from time immemorial by all in this vicinity who find pleasure in fishing through the ice, and the enforcement of the law will put an end to winter fishing, for the most enthusiastic devotee of this so-called sport would soon tire of sitting by a hole in the ice and holding a line. The notice of the fish protector is as follows:

   "Section 102 provides that no fish shall be taken, etc., except by angling, and the word 'angling' means taking fish with a hook and line or rod held in hand. It can not be claimed that fishing with tip-ups would come under the head of angling as defined in section 271. We have already had three trials for fishing through the ice with tip-ups and in each case the court held the defendant and imposed the penalty."—Marathon Independent.

Normal School Notes.

   The astronomy class have completed the work in that subject and have taken up the work in electricity.

   The local board has granted the request of the graduating class, that they have no commencement at the end of this term, but unite with the class graduating in June. The officers of the graduating class are:

   Pres. and Toaster—Mr. R. D. Knapp.

   Vice Pres.—Mr. J. W. Kales.

   Sec'y. and Treas.—Miss Jennie M. White.

   Orator—Miss M. McEvoy.

   [Presenter]—Miss Florence E. Trowbridge.

   Prophet—Miss Edna Hayes.

   Poet—Miss Emma M. Squires

   Historian—Miss Lucy V. Wade.

   A fine oak desk arrived Friday Jan. 6, for the Young Men's Debating Club, a part of the furniture for their new club room.

   Miss Dora Smith visited her many friends in school Thursday.

The Pirates of Penzance.

   The singers are working hard on the opera, having had four rehearsals this week. They will have it down fine on the dates finally fixed for the public performance Friday and Saturday evenings, Jan. 20th and 21st. Mr. Mahan is particularly fortunate in securing Mrs. Ostrander of Binghamton to take the part of Mabel. Mrs. F. A. Mangang also, as Ruth, could not be bettered. Mr. Racklyeft as the Pirate King, or chief, is immense, in fact the whole cast is remarkably strong and efficient, and the opera will be given in first-class form in all respects, and will be among the most notable musical events of our musical city.

   The prices of tickets have been fixed at the remarkably low rate of 35, 50 and 75 cents. The sale will open on Wednesday morning Jan. 18, at Wallace & Co.'s Bookstore.

A Lively Runaway.

   Yesterday afternoon as Mr. W. H. Bradley of Harford was driving on Main-st. just above the intersection of Railroad [Central], another team crowded him on the horse railway track and whirled him about throwing him out on the ground. The horse started for the Union block and ran against one of Mr. C. W. Collins’ show windows, breaking it and passed on up Main-st. at a lively run. The cutter and harness were both considerably damaged.

Gen. Benjamin F. Butler

BEN BUTLER DEAD.

The End Came Early Wednesday Morning—Sketch of His Life.

   WASHINGTON, Jan. 11.—General Benjamin F. Butler, of Massachusetts, died at his residence on New Jersey avenue at 1:30 A. M. today.

   Benjamin Franklin Butler was born at Deerfield, N. H., November 5, 1818. He graduated at Waterville College, Maine, in 1880, and commenced the practice of law at Lowell, Mass. in 1841. He was elected member of the Massachusetts House of Representatives in 1853, and of the State Senate In 1859. In 1860 he was a delegate to the Democratic National Convention, which met at Charleston.

   In the same year he was the Democratic candidate for Governor of Massachusetts. At the time of President Lincoln's call for troops in April, 1861, he held the commission of Brigadier-General of Militia. On the 17th of that month he marched to Annapolis with the Eighth Massachusetts Regiment and was placed in command of the District of Annapolis, in which the city of Baltimore was included. In May he was transferred to the command of Fortress Monroe and the Department of Eastern Virginia. In August he captured Forts Hatteras and Clark on the coast of North Carolina. He then returned to Massachusetts to recruit an expedition for the Gulf of Mexico and the Mississippi. On March 23, 1862, the expedition reached Ship Island, and on April 17 went up the Mississippi.

   The fleet under Farragut having passed the forts, April 24, and virtually captured New Orleans, General Butler look possession of the city May 1, and governed it with great vigor until November, when he was recalled. Near the close of 1863 he was placed in command of the Department of Virginia and North Carolina and his force was afterwards designated as the Army of the James.

   While General Grant was marching toward Richmond, General Butler made an unsuccessful attempt to take Petersburg. In December, 1864, he conducted an ineffectual expedition against Fort Fisher, near Wilmington, N. C., and then returned to his residence in Massachusetts.

   In 1866 he was elected by the Republicans a member of Congress. He was the most active of the managers appointed in 1868 by the House of Representatives to conduct the impeachment of President Johnson. In 1871 he was an unsuccessful candidate for the Republican nomination of Governor of Massachusetts. In 1868 he was re-elected to Congress and held the office for several terms. He was afterwards Governor of Massachusetts, being elected by the Democrats. In 1884 he was the Greenback party's candidate for President. Since then he has practiced his profession.