Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-01-10
me Peal.rA-Lyen Islander Case.

PENDANT, contending that plaintin was entitled
the direct conseo uences Of the words spoken.
He then referred to the evidence, claiming that
IL showed her 10 be an adventures. ~
The trial was resumed this morning, and Ar.
Chandler proceeded with his argument, urging
that the jury should not allow their sympathy
case as II the parties were men. It WAS neces-
sary TO sustain the case TO prove malice, and he
asked II any malice had been sh0 claiming
that the plaintiff herself had repeed the idea Of
malice. He proceeded to review the evidence,
claiming that the defendant did not create the
disturbance, but that the plaintiff was to blame
prevent publicity Of the affair. After speaking
Of the attempt made to lug in the Dowel letter,
he referred to the fo0lishness OF men In love- an4
Samson. Who was shorn OF his iocks-not the
locks which were attempted to be shOrn from the
Lyons back, namely greenbacks. In conclusions
damages. 1t vas time that q woman who u a
ready to shoot as Texan desperate, or to use her
hands as New York prize fighter, was learned
q blasted character. 1t was question for Jurors
to settle whether q woman could faunt her vices
and then come here as q virtuous woman claim.
frg damages to her character.
Mr.. Riddle, ut 11:10, commenced the closing
argument. Whatever might be said as to the
responsibility Of bringing thiscase into court the
have been unclean motives introduced the plain
tiff did not bring them here they felt obliged to
bring this snit. The defence had expressed a re.
ne M
rights? He knew that the plaintiff came hero
under some suspicion and clouds. Mr.. Cox said
ii she had come here as one of the purest ma
irons no amountof money could com pensate her,
but was there justice for no others? Could not
woman, on whom the detectives had kept their
eyes and been in the cutters gathering up its
He maintained that the Islander had been proved
In every shape and form by Martin, Smith,
Yeatman and others. They had found him q
~h Of ss
had not here an idle rumor which could not be
traced, but man who had put forth the report
himself, and this slanderous assertion was in
language not to be found in any vocabulary and
which the witness hesitated to give until he was
ordered by the court. -
Mr.. Riddle next referred to the evidence and
plea Of general issue stated that they also put i'm
notice that they proposed to prove that defen-
dant had probable cause TO believe the allega-
not spoken the words and failing they
would prove that he had probable cause
for believing what he said. He asked if
they did die not admit by this notice that he had
jealous of Captain Denly, without cause. Denty
was stopping at the hotel, and Lyon knew 1t, but
had no cause to be jeslOusof him He afterwards
by feigning to 60 to New YOrk,-tO m AXE a fool
Of himself. He had no need Of that, for nature
had saved the trouble. So he got up and busted
New York, and sneaked around town with a
cowhide prepared to use on Denty's back. The
counsel here INDICATED the character of Mrs.
that this saying &c was sond to believe
Of the charges and nsi SHu.d ns Sshis
her enemies had brought against her. He armed
himself with cowhide with the intention of
castigating Denly the night on which he left for
New York. He stole into the hotel to recon
hotter the field. He heard . noise and went
away, and came back and heard the noise still
going on. There was that object of unceasing
jealousy IN his way. He HAD stolen into that
house like a thief, and like q thief assaulted
Denty-and cowardly assault it was upon a
into actual frution, and his hatred at once burst
into violent frenzy. He burst through the door
Here Mr.. Riddle cited the testimony Of Mr.
Curtis as to the words which he heard passed
Mr.. Chandler here denied that Mr.. Curtis had
used the language rehearsed by Mr.. Riddle, and
asked that Mr.: Curtis be allowed to say whether
The court ruled that the jury would have to
trust to their memory, and denied the privilege
of witness to take the stand.
Mr.. Riddle, said, Lyon, it appears, got the
worst OF the encounter, and went sneakins vsy
from the hotel the same as he came. He had a
rear guard, man named Hook, who pretends
to have seen SO much, but when found he was in
the back yard with his coat collar drawn up
over his assassinating ears like q treacherous,
cowardly cur, as he is. The dog always loves
the female of his own species, but here is mad,
frenzied coward, turning, foot, and fabri-
eating a story about lady SO vastly his
superior In character and intellect. Now this is
a story for them to prove; but how can they
sing-gOne Off with his collar drawn up over his
ears. Lyons swears that Mrs. Pollard was there,
and they have brought no witnesses to cor
:, his testimony. Counsel for defence
the maid of Mrs. Pollard. Maggie happens to
be the only female witness and friend Of the
plaintiff, yet they could not spare even her.
Another argument Of defence was that this
Woman's character was bad, that allowance
must be made for her reputation. To prove her
reputation the defendant went to Baltimore,
nesses to prove nothing. One of these witnesses,
Mr.. Morrell, knew nothing Of her, and continued
boarding at the hotel after satisfying himself
foundation. 1t is conceded that this woman
went into this hotel with . good reputation
and that she was dragged away with her
reputation furnished by this miserable man
Lyon. He has sought to strip her Of her good
name and her means. Is it any wonder that she
brings suit against this monster, this destroyer
OF her future prospects He left her in the
they would vindicate the law and do Justice to
the unfortunate and persecuted woman.
mr.. biddle closed his argument at 12:45 p. m,
ana snort recess was vast taker; During the recess
the courtroom, and was borne out into An ad-
joining room, surrounded by her counsel and
IrlenOS.
At Ito O'Clock Judge Macarthur proceeded
to charge the jury, that the only words for
which plaintiff can recover are those recited or
words of the same import. The words s.that he
caught her in Denty's r0om," are not to be con-
sdered as proving the charge. II he had prob
able cause to believe that the parties were
together, 1t was to be taken in mitigation of
damages, as also the reputation of plaintiff
There could be no doubt In this case that the
language set out charges criminal intercourse,
and 1t Is SANDER per Sc. After having proved
that the words were used she is not called on to
show that they were false, or that her reputa-
ton had been injured. He would leave the evil
dence exclusively to the jury. If they come
to the conclusion that plaintiff uttered these
words she would be entitled to a verdict
in some amount. The MATERIAL part of
the allegation is that she was in bed
caught or found in bed-with Captain Denty.
The defendant also interposes two other mat
ters-One alleged previous bad character, and
the other that he uttered them under such cir
cumstances as gave him reasonable ground to
believe them true. If the statement Of Lyon is
to be credited, he was warranted i'm coming
to the conclusion that the words were true,
One Of the Ingredients of such an action is ma
lice-a motive to do wrong Intentionally. The
law says If party has reason TO believe the
words are true, then 1t goes to explain the ma
lice. 1t does not take Il all away, but goes in
mitigation. II she was of such character "a