Wednesday, January 22, 2014

BIG SLANDER SUIT!



The Cortland News, Friday, November 4, 1886.
BIG SLANDER SUIT!
$10,000 the Sum Wanted to Patch His Reputation.
ARRESTED BY THE SHERIFF.
Bail Given in the Sum of $5,000.
MAY BECOME A CELEBRATED CASE.
   On Monday evening papers were served by Sheriff Van Hoesen on Mr. S. H. Strowbridge, editor of the NEWS, in a slander suit commenced by Lewis S. Hayes against him, for damage to plaintiff's character by reason of certain articles published in the NEWS during the political campaign just past. The plaintiff puts the damages to his character at the modest sum of $10,000.

   The plaintiff having made it appear to S. S. Knox, County Judge, that there had been great personal injury, an order of arrest was granted by him, commanding the Sheriff to keep Mr. Strowbridge in custody until he should give bail in the sum of $5,000, first requiring, however, Hayes to give an undertaking in the sum of $2,000 before the order was granted. Caleb B. Hitchcock and Charles W. Collins were the sureties on the undertaking.

UNDERTAKING ON ORDER OF ARREST

   STATE OF NEW YORK—Supreme Court, County of Cortland.
   Lewis S. Hayes against S. Ham Strowbridge.
   Whereas, the plaintiff in the above entitled action, has made application for an order for the arrest of the defendant S. Ham Strowbridge therein, and it appearing by affidavit that a sufficient cause of action exists against said defendant; Now THEREFORE, in consideration of the granting of such Order, we Lewis S. Hayes plaintiff residing at Main street in the village of Cortland, N. Y., by occupation a manufacturer of furniture and Caleb B. Hitchcock surety, residing at Court street, in the village of Cortland, N. Y., by occupation a manufacturer of carriages and Charles W. Collins surety, residing at Clinton avenue in the village of Cortland, N. Y., by occupation a merchant, do hereby, pursuant to the provisions of the code of civil procedure, jointly and severally undertake that if the said defendant recovers judgment in the said action, or if it is finally decided that the said plaintiff was not entitled to the said order of arrest, the plaintiff will pay all costs which may be awarded to the defendant and all damages which he may sustain by reason of the arrest, not exceeding the sum of one thousand dollars.

   Dated at Cortland, N. Y., Nov. 1, 1886.

   LEWIS S. HAYES, Principal.

   C. B. HITCHCOCK, Surety.

   CHAS. W. COLLINS, Surety.

   STATE OF NEW YORK

   COUNTY OF CORTLAND. SS.

   On this 1st day of November, A. D., 1886, before me, the subscriber, personally came Lewis S. Hayes and Caleb B. Hitchcock and Charles W. Collins to me personally known to be the same persons described in and who executed the above undertaking, and severally acknowledged that they executed the same.

   JAS. DOUGHERTY, Notary Public.

   COUNTY OF CORTLAND, SS.

   Caleb B. Hitchcock one of the sureties to the forgoing undertaking, being sworn says, that he is a resident and a freeholder within the State of New York, and is worth two thousand dollars, over all debts and liabilities which he owes or has incurred, and exclusive of property exempt by law from levy and sale under an execution.

   CALEB B.HITCHCOCK.

   Sworn to before me, this 1st day of November 1886.

   JAS. DOUGHERTY, Notary Public.

   COUNTY OF CORTLAND, SS.

   Charles W. Collins one of the sureties to the foregoing undertaking, being sworn says he is a resident of and a free holder within the State of New York, and is worth two thousand dollars, over all the debts and liabilities which he owes or has incurred, and exclusive of property exempt by law from levy and sale under an execution.

   CHAS. W. COLLINS.

   Sworn to before me, this 1st day of November 1886.

   JAS. DOUGHERTY, Notary Public.

   I hereby approve the foregoing undertaking, and of the sureties therein named.

   S. S. KNOX, Cortland County Judge.
ORDER OF ARREST
   STATE OF NEW YORK, CORTLAND COUNTY, SS.
   Lewis S. Hayes, Plaintiff, against S. Ham Strowbridge, Defendant.

   To the Sheriff of the County of Cortland.
   It having been made to appear to me by the affidavit of Lewis S. Hayes taken the first day of November 1886 and by verified complaint in the action and that a sufficient cause of action exists in favor of the above named plaintiff against the above named defendant for a personal injury to the plaintiff committed by the defendant to-wit: a libel published of and concerning the plaintiff and that the defendant is editor and proprietor of a newspaper called the Cortland NEWS in which the defendant published said libel upon which grounds this order of arrest is granted, and the plaintiff having given the undertaking required by law, you are required forthwith to arrest said defendant S. Ham Strowbridge in this action, if he is found within your county, and hold him to bail in this action in the sum of five thousand dollars, and return this order, with your proceedings thereunder as prescribed by law.

   Dated at Cortland, N. Y., November 1st, 1886.

   S. S.KNOX, Cortland County Judge.

   IRVING H. PALMER, Plaintiff's Attorney, office and post office address, Cortland, Cortland County, N. Y.

   The warrant and other papers were served shortly after five o'clock Monday evening having but just been placed in the sheriff’s hands. It was a time of night when it might have been hard to procure bail in the above amount. But no difficulty was found as men of all creeds, sects and conditions came forward as soon as it became known that the arrest had been made, and offered to go on the bond, which might have been reduced, but to which end no application was made. The sureties on the bail were L. A. Strowbridge, mother of the defendant, and Benj. F. Taylor, a well-known hotel keeper in Cortland.

   A. P. & D. C. Smith are attorneys for Mr. Strowbridge, who will put in an answer to the complaint. Mr. Strowbridge admits that he was editor and publisher of the Cortland NEWS and that he wrote and caused to be published the alleged slanderous articles in question, and he proposes to justify in each assertion made.

   As the case is liable to become quite celebrated in the county, and as the people are greatly interested in it, we shall try and keep them posted in all the developments in the case.

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