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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