The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1871-04-21
nation Of the law .nd the iurr rendered YerdIot Of


His Honor said the criminal law was incompetent
but such as It was ne should have the fun benefit OF
II. He imposed nne OF 500 and imprisonment OF
feited,
The thanks of the community are due to Mr..
Heverin for pressing this case as earnestly as he
did, and TO his honor for making example of It.
which win most probably have good effect.
The FOx-Taggart Libel Case.
The trial OF Colonel John Taggart and Henry L,
Taqgart of the Sunday Morning Times was called
TO-DAY, and Mr.. Mann, VIII was associated with Mr..
Cassidy as counsel for defendants applied for con.
tinusnce on the ground OF the illness Of Mr. Cassidy;
but this day having been positively fixed, Attorney
General Brewster representing Mr. Robert Fox, who
Court said the case would have to proceed. Mr..
Mann then withdrew from Court and failed to ap-
trial for liDelling Robert Fox, without any other
counsel than Judge Brewster, who was also counsel
for the prosecution. After making brief opening
Judge Brewster proceeded to examine the following
Lewis M. Thompson testified that he purchased
copy OF the Sunday Times OF Decem0er 4; he re-
ceiyed the paper from Henry L. Taggart, and paid
John II. Taggart for 1t he purchased 1t at the pub
lication office in she building at Third and Dock
The defendants admitted they were the proprie-
T. y. Derringer, living at No. 2OO7 Green street.
testified that he knew both defendants; he had
conversation with Mr.. Taggart on the Saturday be-
fore the article entitled "Fox, the Nuisance was
published, and Mr.. Taggart said he had been told
that Mr.. Fox kept disordeTly house at Nineteenth
and Green streets; witness said 1t was not so; that
there no more quiet and orderly house in Green
street. and the article should not be published under
any circumstances Taggart said he had his ipforma
ton from good authority.
Colonel Taggart asked witness II he didn't know
this conversation occurred the day after the publ-
cation and the witness said no. it occurred the day
before the publication.
containing the article calling the prosecutor ''Fox
the nuisance" and "Australian Bob" and charged
and noisy reves on Sunday; that this caused great
CONSERVATION In the neighborhood and delegation
of the residents called upon him and asked him to
move away abate the nuisance, end he replied to
them that he would do neither, but II he was mo-
Tested he would start a brothel there.
Rohert Fox sworn-I reside at the northeast cor
ner Of Nineteenth and Green streets; am mar
ried man; lave lived there two years and hall;
l have read the article spoken Of; understood 1t
as referring to me; the charges contained In that
article were false; have kept my house quietly and
dancing or revelry OF any kind, and am not in the
habit OF receiving visitors on Sunday; none OF my
neIghbors ever waited upon me demonstrated
with me as to the manner my house was conducted;
never threatened to start a tavern or ladies' board
ipg-house there; am not aware OF any depreca::
false, and am willing The defendants may offer
"D6 S6rosseexamined by Colonel Taggart-I have
always gone by the name of Robert Fox in England
and in this country, keep theatre; did keep
casino on Chestnut street, was never convicted In
this court OF any offense; did plead guilty to the
| charge of selling liquor without license; (bills
| shown to witness), those are bills OF my theatre.
The Judge said any questions referring to any
thinglelse than the charge against Mr.. Fox's resi-
lowed to leave the stand.
Dr. Stewart, residing at Nineteenth and Green
streets, said he knew Mr.. Foxs name, but did no
know him personally: he never saw anything
wrong about his house, and was never disturbed by
any improprieties in It,
DR.. John Reese, residing at the southeast cor
ner of Nineteenth and Green streets, said he never
neighborhood and so far as he knew the charges
contained in that article were FALSE
| Mr.. McFerTen. residing opposite FoX's, said the
article in the paper was, In his opinion, false.
| Mr.. Matthias MARBLE, residing next door to Mr..
Fox said the article In the paper was entirely false.
DIR. Filbert. neighbor OF Mr. Fox, said the
| charges were false.
| Cross-exam ned-Whness said he did not furnish
the information upon which the article written.
| Here the prosecution closed.
/ Colonel TaggarJ then said TINS article was not
written in cold blood, but was provoked. He said
Fox had circulated large posters calling his paper
black mail sheet, and had printed upon his theatre
bills that the Sunday Times had circulation OF only
100 copies per week that he had caused to be writ
ten TO him the most offensive and threatening let
ters and most insulting letters to his family and
| Mr.. Fox had employed persons to do him violence.
| These were provocations. In regard to
his present family he knew nothng the article CON-
| planned OF was written by himself he did not deny
it, and was willing to take the responsibility and his
! ton had been made to him to settle this matter
upon the payment by him of 500, with which to pay
| counsel fees.
| Colonel Taggart offered some documents to the
| iury but the court ruled them out not evidence
| When Colonel Taggart had concluded his remarks
| Judge Brewster made a few remarks Judge PaXson
delivered brief charge and after short delibera
tion the jury rendered verdict OF guilty. Sentences
| deferred.