National Republican., 1873-03-10
THE HURDLE LIBEL SUIT.
ARGUMENTS FOR The OFFENCE.

EIoaurnt Addrc-sc, BY The lIcn. WV. A.
Cock aud Mr.. Richard Harrington -Rc-
view Of the Casc-Thc Povrr "nd tnnu.
cnco Of the Press, &c, &C.
The following arc the arguments Of Col. Wm.
\. Cook and Richard Harrington, esq counsel
Tor the defendants ~ the Hurdle libel suit, as
addressed 10 the Jury ou Friday afternoon;
Npur,frSt or rtcn,RD HARRINGTON, Eso.
tFupposc, u your Honor please, and gentlemen
~ the jury, that We are expected TO say some
thing In behalf of this defendant, We were
willing to submit this case 10 you, under the In
Tiructinns Of the court, without argument, bu:
inc counsel for the plaintiff have thought proper /
10 argue tue matter, aud II therefore becsmes
"ut lutN 10 submit some observations upon the /
issue presented Ht the bar The Ingenious argu.
mcut oi my friend, Mr. Miller, has made me |
wonder how long lawyer can talk about moth
We -h0w, spider ike, the gentleman spins from |
hts own bowels, for declare TO you that there e
nothing IN this case save what has been given u |
" tho counsel: They remind me very much o.
around hung hole. ttaughter.l
" course, gentlemen, the law which seeks 70
rtotegl all OF lts citizens gives 70 every one
Deauty OF the system under which we live, that,
no matter how high low, II holds all alike re-
S1siolc , ShI projects M m laysi's& & nsnss s,r nP0n
swct Tor bis speech It reaches down into the
Nery slums Of society and taking mp the very
lWNftl OF bFlr creatures u nous MN III lh pro-
lectng arms. Like the magic tent Of the Arab,
When folded tho very child that prattles at your
feet may play with II, but when spread all the
shadows. This law, so fearful in its vengeance,
30 protecting IN Its attributes, Ia now invoked
ior the punishment Ot this defendant and the
satisfaction OF this plalntin-tO mulct Mr. Muir
tagh into. peyunnry damages out OF which to
make salTe for wounded reputation. Now, the
only issue pre0ented TO the fury Is, whether Mr..
MuTtagh has injured the reputation Of the plain
tin by the publication Of the article which Is the
basis Of tbi' action. The testimony leaves II
clear thnt early IN March, 1917, the trustees Of
'hc public schools Of this city became advised
That manor rather a thing which, by some
means, has the gcmhlance OF the human Kind
Wis IN the habit OF prowling about the public
hchools, seeking TO lead on and debauch the
minds VI innocent children.
These gentlemen dd not act unadvlaedly or
wltn pTeGlplianSy. They quietly inyestigated
" the matteru alleged made their complaint to
'ho onloers Of the law, aud with them left the
whole matter. on the ifth OF March Butts was
atfeBtcd on the charge, and upon the day follow
ing the article complained OF made It's appear
ance. Examine that article In the light OF the
and Virtue OF the little school gIris. Here is 4
monster 50 utterly depraycd that he polsons the
very atmosphere he bfeathes. lie waits beneath
the very shadow OF the building dedicated TO
their proper training. and while the little girls
pass, tripping It 10 school, seeks to allure them
INTO tho dangerous privacy Of his room. say
good citizen ought TO have condemned him and
the public press to have made him
A 1XCd figure for the hand OF scorn
To point his slow, unmoylng nngeT al,
And Put IN every honest hand whip
10 lash the rascal naked through the world
And that n all the RErrBticAN newspaper at
tempted TO do. The object Of the article was I,
expose Butts. Take the article, and upon III
very face II shows It Is an attack upon Bltts-li
it there II not the mention Of Grace Hurdlei
name, and when II was written the plaintiff wa
has no mention Of the plsintlr; neither does i
mat Il must have applied TO one Of three or foul
Rifls, and you arc asked TO go cropping about Il
see u hy some possibility II might not hayt
that n the way we try cases OF this character
They must prove that the writing mAllRned thi
gu AMI was calculated 20 work harm TO her Il
through the med um OF the publication.
We submit that from Its face there Is no allu
sion 10 the plaintiff as procuress. Nor is Their
Iine that marks her out from her associates Al
tue girl Of evil example, suppose the matte
had been permitted 10 rest with the publication
the GTlcls would havo passed from memory
Ut man, woman, OF child In this city woult
hdyC dreamed II meant Oracle. She and her III
tie gChOOlmatCg would have played on utteT
uncousuo even OF the existence Of the paper
aud she herself would have passed from glT
hood Into the full beauty Of womanhood an
made some home bright by her presence, all uu
conscious that she ever was written Of. She dl
not sec II ln tue faces Of the children; she d
not read 1t IN the eyes Of her Older friends. sh
was only made 10 feel by the i1-advlBed actio
Of her friends and the trial Of this cause that sh
ever had any connection with this article.
Why drag Oracle Hurdle into court7 VII
Gle that II was she to whom II referred7 Was
20 protect her Teputl'lon7 Her reputation ha
never nUCn a,sallcd, va, 1t TO vindlcate hC
Nlrtuu7 this ncrcT been questioned The cas-
is here Us specuatiOu. This bright young q
y paradrd before these hungry.eyed men, hel
up TO the public gaze, written Of In the paper
tall cd Al htuHNhDlla for ~
"rhe jingng Of the guinea helps the hurt thu
houor feels
but as she teaches them nightly their evenin
prayers, or looks with yearnlng eyes upon u
UNCONSCIOUS babe Ot her mothers breast. II
viGon Of this courtroom will blear her sight, N
recollection Of lhlg day will trip her speech T,
al the money that may be IN the REPrBLicL
cnre would not 50 parade my child.
What g. the l,auu hcre2 The plaintiff says "
have written slaudrT Of his daughter. We 81
we have not, for the article was not written
aud concerning her. They attempt, therefor
10 attiN tho stigma OF the charge upon this chill
while We tay It ought not to rest there. Two fu
days We have been cOntestlng upon this poln
Upon yesterday the court permitted the planii
that be might go outside the article TO show thu
this was the glr alluded TO, and after twely
hours study as how best to push her into II
case, they come iutO court and state that VII
was one Of the schoolgirls who went 10 Butt
room.
We say we have not slaudered her; we say "
NANt not tnhllEutu WeIt we Say we tlt not VIII
about this girl a. ALL That Is our defence. 81
the paintiu comes and says "you did write
about her Aud while the public cannot md Ol
from this article who II Is, and while her lit
echOOl friends going with her 10 and fro
school, would not know It from the article, y
we VIII prove she was the girl, and from III
trial her little associates shall know that she wi
the procuress, although not named In the article
AstrangC issue, truly! Being the defendan
ma libel suit We are here actually defending Il
good name and fair fame OF the very girl who
they say we lheled, suppose your verdict Is 4
the plaintiff, Il II not In fact nndlng that u
article referred TO her; u upon the other har
You nud Tor Us It Is a finding which says TO Il
world that this article has no reference TO Grac
hurdle 4 verdict Of guilty afiiNes TO her nan
the Odlum Of the charge; verdict OF not gull
isap protection TO her name aud ylndlcatlon b
fore tho world.
Tho only question In this case Is, whether tn
article was written q and concerning Grac
Hurdle. ! say this case was nrst Investigated
the carly part Of March, and upon the lTth
March, previous TO that article being write
Butts was arrested on charge preferred again
MIN by Mr.. Hart, one OF the trustees. After b
arrest, that lg, on the morning OF the 18th
March, they published the article complained {
You understand that In oil these cases the
must be an affidavit nled anterior to the servi
uf the warrant Of arrest. At any rate, the artic
itself was prfdlcated on the arrest Of Butt
Vow, then, for what was Butts aTTested7 Had
any connection with Oracle Hurdle7 Was Grac
Hurdle s name IN tue warranH Was II In Il
complaint Not AZ all. II was another youG
girl. Then this article Is written, base
upon the arrest OF Butts for the offence /
legged III the warrant. What was the Offencl
Ofhayug attempted TO debauch and ruin, d
Oracle Hurdle hut another girl entirely. But
is aCCu8ei Ut deliberate aud systemat
attemptl 10 sclnce and debauch, n
Oracle Hurdle, but "llttle girls" That wi
the charge against hiui. Whose ages rang,
from ten TO fourteen years, II was his praGtit
10 lOiteT around school buildings, seeking TO Il
duce innocent children, &c. Now, I beg you, ,gs
temen, 10 bear In mind the wording Of this.
there Is anything malignant, II there Is anythln
llbe!Oua towards these Innocent little girls plea
have Il pointed out. Seeking TO induce inn
cent little girls TO go 10 his room, under the pr
tencG OF giving them candy having debauche
thu nllh OF one glrl 10 such an extent that III
tTustees have expelled her from school to PR
vent the spread Ot her evil influence"
Now, mark ltiaa negative charge, n theI
~ any charge ht al. II was never meant as
charge against the uttlo girls themselves, bl
against the mau who had been guilty OF attemp
tug the duhan'ltTy, Then the only question
this whole case u, "Who did the writer Of mi
article mean when he said little girls minds ha
been dUhauChcd 'debauched the mind Of on
glr?'7 Who was meant7 The court VIII te
you that that Is the question this Jury have
determine. Wah II Oracle HuTdleS His Homo
will tell you that they must prove II clearly
your satisfaction that the girl who Is spoken
IN this suit was the girl meant In this article, an
that tho slsndeT would be OF such a chaIGcte
aud Ut such nature, that her associates thTougl
out life mnst have known she was meant by It.
Ihil article speaks VI girl who had been e.
rtlCl tom school 10 prevent the gpread OF he