Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-03-07
THE HURDLEMURrAGH LIBEL
$4,000 Damages CY1lneA-Proeeed.
fnGa In CDmRf To-hnv


(Judge Cartter) the case Of Grace Hurdle by
her next friend, Samuel v. Hurdle, against
VIM. J. Murtagh, proprietor of the National
the 18th of March last, an article relative to the
arrest of Chas. w. Butts on the charge OF de-
bauchiBg schoolgirls.
THE OFFENSIVE ARTICLE.
The following extract from the article, 1t is
charged, refers to the complainant:
an % the pindof one girl to such
the school % prevent the spread x 1 her es nS a
ence, he induced her to act the part of procuresE
sss S w
posa and hlled the minds Of the children with the
The damages are laid at sao, 600. There was
large attendance in court. On the opening Of
the court the plaintiff filed an amended declsra-
article, lone of his victims 80 far depraved as
to render her expulsion necessary" is recited.
This was objected to by the defendant.
THE FIRST WITNESS
called was Mrs. NJ. L. r. hewitt, principal of
the female grammar school Of the first district,
who testified to the plaintiff being suspended
from school on the 18th of March last. Witness
wrote a note to her parents informing them of
the suspension of plaintiff, Oracle, at the
instance of Mr.. Hart, one of the trustees. This
suspension was made because of her intimacy
with Butts. No further action was taken.
Mr.. Riddle asked what girl was alluded TO in
the article published few days after the sus-
pension
The defense objected. After long argument,
Judge Cartier ruled that the question could
not be answered, and the plaintiff excepted.
Witness resumed: There were seven schools
for girls in the Franklin building
Cross-examined-Does not remember the
number Of scholars in her school at the time:
probably %. The other schools probably aver
aged the same.
TESTIMONY OF THE MOTHER OF THE PLAIN
TIFF.
Yrs. Hurdle, (mother of plaintiff. 1.-THE plain
last, pupil in'the gremmar school. Witnes.
ldentihed MIS-. Nevitt's note, and had an inter
view with Mr.. Hart, as to the suspension.
The defense objected to the conversation be-
ing given, and the court ruled it out.
Witness requested Mr.. Hart to restore her
cAild to the school. (Objected to and sustained.
Mr.. Riddle proposed to ask what reason he
gave for not restoring her to her place.
The defendant objected, and, the objection
being sustained by the court, an exception was
THE CASE RESTED.
The plaintiff rested their case.
Mr. Harrington said the defence would ask
the court to instruct the jury to find for the de-
PENDANT
The court--"On the ground that thew have
NOT given any evidence to sustain the Charge
The court-"There is evidence,
Mr.. HIVE can't see it,"
MT; kiddle;L"we object to the court furnish
Mr.. Cook.-"Or brains to the counsel for
PLAINTIFF, ?"
WHAT THE DEFENCE EXPECT TO SHOW.
there were several girls under suspension at the
time; that the plaintiff was not the girl referred
to, and that the principal witness against Butts
was a Miss Bruff
Wm. J. M,rtagA, sworn.-witness is proprietor
OF the National Republican,; never saw the ar
ticle until it was in print.
Cross-examined:-Mr. Harris wrote the ar
tcle Neither Harris nor Hart spoke to him in
reference to the article. Thinks that Harris
was the managing editor Of the Republican at
the time.
N
editor of the Republican at the time
OF the publication in question;
WITNESS WROTE THE ARTICLE;
Z was Ts15sT to show up BIt1s Witness only
Mr.. Harrington.-"Did you have the plaintiff
in your mind when you wrote the article?D
Plaintiff objected, and the objection was sus-
Witness resumed-There were six or seven
girls connected with the case; did not know
much Of the investigation, as he preferred that
his colleagues, who are married men, should
conduct it.
Cross-examned:-The article was read At the
trial Of Butts; don't recOllect that plaintiffs
name was mentioned at the time as being the
party alluded to in the article; Gussie Grub
withdrew from the school.
THE DEFENCE OFFERED THE RECORD
Of the case Of the United States agt. Butts for
assault and battery on Gussie Grub, as tending
to show that the plaintiff as not the party re.
ferred to in the article.
The court ruled that the warrant could he
onsred IN evidence, and 1t was read tothe jury.
time OF the publication managing editor, and
hearing Of the arrest sent for Mr.. Harris,
knowing him to be trustee, and at his (S.'s)
request Harris wrote the article, with the ex-
ception Of the last two paragraphs. Mr. MUIR
tagh was not at the Office that day or night and
could not have seen the article until the follow
ing day.
M. AJrnm Hart. sworn;-witness is trustee
Of the first district, and on referring to the books
POUR GIRLS WERE SUSPENDED
Their names we're Louisa Carr Fannie Cox.
Bette Hurdle and Oracle Hurdle. These were
and by a rule of the schsols If par
hes are not reinstated within five days they are
marked on the I'D of March.
THE SUSPENSION OF THE GIRLS.
Cross.examined-Beckie Hurdle was rein
stated and transferred to another school. The
other girls we're not reinstated. Oracle Hurdle
was suspended for immortality IN connection
with Butts. Witness ordered all girls who en-
The proof did not warrant the dismissal of Bet
tie Hurdle and she was renstated. Fannie
Cox and Louisa Carr were IL wears of age at
the time. (Mr. Riddle.-"Great PROGRESSES
The defence closed, and Mrs. Hurdle was re-
called for plaintiff:-Bettie Hurdle was her
daughter; and never was suspended; her age at |
Dne school to another.
THE EVIDENCE CLOSED.
After recess, Mr. Miller opened the case to the
Jul Tie testlm0nV offered clearly i
showed that the libelous words were used as To
the plaintiff, and that she was entitled to a
verdict
Messrs. Harrington and Cook followed for de- |
fence, each arguing tnat no case had been made |
put, and defending the publisher.
Mr.. Harrington, who appeared for the gov
eminent in the trial Of Butts, referred to that |
rial, and claimed that the evidence showed |
Butts 10 be such inan-s:s that word can be |
applied to him-as to warrant the puD,,u,'-,'" at !
'uen an article, Tor such a being
s.@sKRvED TO BE SHOWN Up
10 the public. Both or these gentlemen claimed
that il had not been proved that the plalntiff |
was the girl alluded 20 in the article, and the
defence had proven by the writer of the article |
that she was not.
Mr.. Riddle closed the case for the defendant
and, at the hands OF the jury, claimed verdict
The case was not concluded when our report
closed.
MASS CONVENTION OF COLORED MEy-A
Of colored men, representing by
delegation, eigteen or twenty states, meets to-
night at Union League Hall, where resolutions
relative TO civil rights and urging the govern
ment to indicate In some practical form It's SYM
pathy for the struggling patriots of Cuba, win
be discussed. Gov. Pinchback, Geo. T. Down
ing. RObt Purvis. Congressman Rainey, Elliot
Walls, Rapier, and others, will be among the
speakers.