Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1845-08-09
From the New York Courier and Enquirer.
PIPELAYING AND LOCOFOCOISM

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be taken by the Albany Argus, the Even.
ing Post, and other like journals, which
rang so many charges upon the Stevenson
and Gletworth frauds in this city--and BY
constant iteration and bold observation
have half persuaded the country, that the
Wings are the friends. and Locofocos the
enemies, of fraudulent voting-of a recen,
libel suit in Albany; but we have waited in
vain.
These papers do not seem to be aware
that any such suit has been, and still less
that in its results. il established what we
have never doubted-what we have over
and over again charged, and what we be.
lieve to be the habi,ual practice Of the
New York Democracy or Locofocoism-a
methodical, and systematic resort in all
warmly contested elections to fraudulent
voting--accompanied with loud professions
of respect for the purity of the ballot-b box
and with loud and vehement imputations
upon their political adversaries, Of corrupt
ing and destroying that purity.
The facts of the case under consdera-
ton were these:
In the spring of '43, desperate efforts
we're made by the Locofocos in Albany to
maintain their ascendancy in the Common
Council of that city. Among other expe-
dents resorted to by them, it was charged
by the Albany Evening Journal that Mr..
Costigan-a great Locofoco electoneerer
and then Superintendent Of the Mohawk
and Schenectady railrosd-had caused
illegal voters to be drought into the city
the night before the election, on an extra
train Of cars.
Mr.. Costigan, at the time, declared he
knew of no such proceeding, and the Even
ing Journal gave him the benefit of a de-
nial-but added that they knew Mr.. Co.'S
tigan had boosted of his ability to send
enough votes into the 10th ward to defeat
the Wing candidate-and reiterated the
fact that an extra train Of cars with illegal
voters did come down the Schenectady and
Mohawk railroad on the evening previous
to the election. For these publications as
libellous, Mr.. Costigan sued the editor and
proprietors of the Evening Journal. These
gentlemen. strong in their proofs, and de-
termined moreover--even at all the hazard
of failure under our anomalous and oppres.
sive law Of libel-to expose these proofs
judicially, and thus fasten upon the true
parties the odious term Of pipelayers--
gave notice Of Justification, that is, they
undertook to establish the truth of their
allegations.
Most conclusively did they establish their
truth.
The cause was tried in Albany, on the
lst and I'd July-Judge Parker presiding.
The case for the defence was thus stated
by Mr.. s. III. Hammond.
The defendants had not sought this contro.
versy. nor had they come here in any spirit oil
litigation. They had not assumed any beliger
ant attitude towards the plaintiff. but had stood
with their backs to the wall, resisting and re-
treating as far as they honorably could. They
had then regarded it as duty which they owed
to themselves and the community, to stand up to
this case, and substantiate the truth Of what they
had published. 1t would be sad day for free
dom, when the public press could not be permit
ted 10 tell the truth boldly. 1t was to the press
TO which we were 10 look for aid in preserving
our institutions as numbered. In this cause we
have acted altogether on the defensive. We
have proffered more than could be reasonably
required OF US. We had no disposition to in
jure the plaintiff individually, but facts came tc
our knowledge which we considered it our i'm.
perative duty to make known 10 the pubic-hat
they might see the corruption which was fostering
around the ballot boxes For this we have been
called into court. We have spread upon the
record plea Of justification, which we shall en-
deavor to substantiate. We say that all we
published was true.
Mr.. H. briefly alluded 10 the anomalous posi-
ton which defendant in libel suit was com
PEELED to occupy, but yet as such was the law, il
could not be helped. II justification was moi
made out, then the Jury were called upon to give
heavier damages for having repeated the libel
upon the record. Knowing all these risks, the
defendants were prepared 10 meet them. He
read the alleged libel, and proceeded to state
the evidence which would be offered We shall
endeavor to prove that an evening or two before
the charter election OF 1913, the Locofoco Gen
eral Committee met, and discussed the question
as to how certain voters at the Aims House were
10 be got to the city. Costigan was not present
but it was said that he would furnish cars to
bring them in 1t was agreed 10 send out cars
the night before the election, 10 bring down the
voters, and coonze them in the several wards
list was made out in the handwriting Of one
Of the members Of the committee, which Mr. H.
exhibited. Costigan was seen by member oil
the committee, and agreed 10 furnish the cars
Two loads were brought in-one OF which they
expected to prove came not from the Aims House
but from the Schenectady end OF the road, where
a great number of laborers were employed in
grading the road, so as TO dispense with the In
clned Plane. Some OF the freight cars had beer
sent out to the Aims House, as had been agreed
upon. The inmates OF the Aims House were
brought out from the back way to the cars and
after reaching the city were distributed through
two, three or more wards. Ii would be shown