Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-02-11
QDblo Stattsrlrar1.
From the Auglaize Democrat
TRIAL IN CASE OF BARNETT
Vs. TITUS!
A Loyal Clergyman Gets a Hearing
In a Court of Justice-Verdict for
PIainIIEfWarni 10 Others,

A Loyal Clergyman Gets a Hearing
In a Court of Justice-Verdict for
PIainLITf-Warningt TO others.
We attended the proceedings of our
Court during this very interesting trial,
took notes, and by the kindness OF Others,
had access to all the papers and proofs in
the case so that we can give faithful ac-
count of it, This trial is not so important
on account of the amount of money recoV-
cred, C- that that was demanded, but the
principle to be settled gives it vast. and
almost incalculable value. 1t is the frst
case in Ohio, we believe, wherein the mani
festations of hybrid LOYALTY-a cross OF
politics and Pharisaic religion-that for
the past five years has seized upon great
portion OF the public mind, have had
merited rebuke through the proper chan
mel, court of justice.
1t was suit brought by Rev. VIM. U.
Barnett, of our town. against Rev. Timothy
Il. Titus, of Springfield, Clark county, OF
this State, for words spoken at the annual
Synod of the Lutheran Church, of which
both were members, as both were clergy
men in that organization.
Mr.. Barnett, during all the latter day
! troubles, has been quiet, consistent and
answering Democrat; and, our recollec-
tion now is, he is the only one among the
preachers of the whole Synod. While Mr..
b., has never at any time, thrust his politl-
cal opinions Extensively upon any one, or
ever talked of political matters in the pull
pit, he has never disguised where he be-
ionged and where his warm sympathies
were enlisted At the sitting Cf the Synod
in August, 1865, Rev. Mr.. Titus, of SPRING
field, made ruthless attack on him, and
said in open session of that body, he knew
"facts enough concerning MIR. b., to con-
sign him to eternal infamy." 1t was pretty
well understood that these facts were, that
Barnett was a Democrat and uniformly
voted the Democratic ticket, and so when
about a month thereafter this loyal Mr..
Reverend Timothy I. Titus, came to our
place to preach the gospel according to
Saints Beecher, Anna Dickinson and Ben.
| Butler, Mr.. Barnett, upon consultation
with his friends, concluded to give him an
opportunity to show what facts existed
that would "consign him (Mr. b. to eter-
nal inlamy." Col. Andrews, Attorney for
Mr.. B., Immediately brought suit, thereby
compelling the Reverend gentleman to
answer in benighted Auglaize! The cause
came on for trial last week, Judge McKen-
zie on the bench. The case, however, pre-
viously came up for hearing on demurrer,
the defendant claiming the words were
not actonable. Col. A. piled overwhelm-
ing authority on that test, and Judge
Mckenzie, with his usual clear
ness overruled the demurrer. Upon
final trial last week, the defendant pleaded
PRIvILEGE-the old sOng-claiming that in
an ecclesiastical body lie had right to dc
what he did. The trial occupied four days.
| The Jury was composed of ten Democrats
and two Republicans. Colonel Andrews
appeared for Mr.. Barnett, and Hon. G. H.
| Vallandigham came to assist after the trial
had commenced. Mr., McSweeney, OF Woos-
ter, with Walkup & Miles, conducted the
defense. The testimony was concluded
Thursday afternoon-COl. Andrews made
the opening argument in a speech OF about
two hours length. We shall not comment
on this effort of Col. A., or of his previous
management of the case-a vast number
heard him, and our whole people know
him, it is enough. Mr.. McSweeney next
spoke for three or four hours, making the
entire argument for the defense. lie is a
beautiful speaker a strong lawyer, and
withal possesses versatile genius that
makes him felt in whatever he undertakes
His effort was well worthy better cause
His speech abounded in law-sophistry,
eloquence and Irish wit, all pleasant to
hear, but certainly not of enough weight
to turn this case. Mr.. Vallandigham made
a speech of about four hours length, In
closing, which was mastery effort; to-
gether with his law learning, he interwove
a narration of the many gross attempts OF
the clergy during the past five years tC
control secular affairs; and very clearly
did he show this to be one of such attempts
Mr.. ", in this effort, well sustained his
high, exalted reputation.
Judge Mckenzie, in his very high anc
correct notions of being always just, so fal
exercised self abnegatiOn as to give the de-
fendant the benefit, in his charge, of re-
peated narration of every mitigated prin'
ciple of law in the case, the books afford
The defendants adherents were OutspOkeI
in their praises at the close of the charge
so very impartial had the Judge been.
The jury retired, and after consultation
of thirty or forty minutes, returned yer
dict of six hundred dollars for the plaintiff
Thus is the ball started in Ohio. We sin
cerely hope those loyal (?) clergymel
throughout the State wherever they hav,
trespassed upon character, and endeavoret
to il fuse their LOYAL virus will, in lik
manner Oe made to respond in damages.
1t was our intention to publish the pro
ceedings of this trial, with so much of tn
speeches as possible, but lest some move
ment may be made to carry it further, an,
not wishing to forestal anybody's opinion
we for the present desist.
DiStrpSS in YOrIxshire,