Maryland free press. [volume] (Hagerstown [Md.]) 1862-18??, 1867-02-28
From the Austaize (Ohio) Co. Democrat.
Trial in Case OF Barnett VS.. Titus!
4 Loyal Clergyman gets Hearing in Court o
Justice!
Verdict for the Plaintiff.
A WARNING TO OTHERS!

We attended the proceeding Of our curt du-
ring this very interesting trial, took notes, and
by the kindness of others, adaccess to all the
papers and pre- offs in the case, SO that we can
give faithful account oft. This trial is not so
important on account ofthe amount of money
recovered or that was demanded, but the prin-
ciple to be settled gives il vast and almost in
calculabe value. 1t is the first case in Ohio, we
believe, wherein the manifestations of hybrid
LoYALTY-a cross of politics and Pharisaic rel-
gion-that for the past FIVE years has seized up
on a great portion of the public mind, have had
a meritcd rebuke through the proper channel, a
court of justice
II was suit brought by Rev. VIM. @. Bar
nett of our town against Rev. Timothy 7. Titus,
of Springfield, Clark Co., of this State for words
spoken al the annual Synod Of the Lutheran
Church, Of which both were clergymen in that
organization.
Mr.. Barnett, during all the later day troubles
has been quiet consistent and answering dem
ocrat; and our recollection now is, he is the only
one among the preachers Of the whole Synod
While Mr.. B.. has never at any time thrust his
political opinions Extensively upon any one, or
ever talked Of political matters In the pulpit, he
has never disguised where he belonged and
where his warm sympathies were enlisted. At
the sitting Of the Synod, in August, 1865, Rev.
Mr.. Titus, of Springfield, made ruthless attack
on him and said IN open session of that body, he
knew facts enough concerning Mr.. B., to consign
him to eternal iniamy." 1t was pretty well un-
dcrstood that thsse facts were, that Barnett was
Democrat and uniformly voted the democratic
ticket, and so when about month thereafter
this loyal Mr.. Reverend Timothy 7. Titus, came
to our place to preach the gospel according to
Saints Beecber, Anna Dickinson and Ben. But
Ter. 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 eternal infamy." Col. Andrews, At.
torney for Mr. B., Immediately brought suit,
thereby compelling the Reverend gentleman to
answer. The cause came on for trial last week,
Judge Mckenzie on the bench. The case howev-
er, previously came up for hearing on demurrer,
the defendant claiming the words were not ac-
tonable. Col. A. piled overwhelming authori-
ty on that test, and Judge Mckenzie with his
usual clcarness; overuled the demurrer. Upon
final trial last week, the defendant pleaded PRIV
nEGE-the olb song claiming that in an eclesias-
teal body, he had right TO do what he did
The trial occupied four days.
Judge Mckenzie, in his vtry high and correct
notions of being always just, SO far exercised self
abnegation as to give the defendant the benefit,
in his charge Of repeated narration of every
mitigating tprinciple of law in his case, the
book affords. The defendants adherents were
outspoken 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 II verdict or of
six hundred dollars for the plaintiff Thus it is
the Ball started in Ohio. We sincerely hope
those loyal (?) clergymcn throughout the State
wherever they have tresspassed upon character,
and endeavored to infuse their LOYAL virus will,
in like manner be made 10 respond in damages.
EYThis Rev. Mr.. Titus, is, We be-
lieve, the gentleman who has recently re-
received and accepted a call to take charge
of the Lutheran church in this place.