The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1874-02-26

into an instrument of evil. He hap
ply turned Mr.. Williams Jerry
Cruncher case against the defendants;
''for," said he, eff Jerry Cruncher
found the foppin' of one woman an
intolerable nuisance, how much more
is poor Dunn to be pitied, who found
two hundred of these termagants
'foppin' at him?'
This afternoon James FL. Thomp
son followed for the defendants
This, said he, is question back even
of law. 1t is a contest between the
genius of degeneracy and the genius
of the rising manhood and woman
hood of this present better time.
Our State Constitution gives the
right to the people to assemble to-
gether for the common good. The
women were not abusing this right.
They met to consult about the COM
mon good. The Constitution ex-
pressly declares that the right OF
conscience shall not <be infringed.
These women were conscientious. 1t
is made the duty of the General As
sembly to pass laws protecting all re-
ligious rights, and that body is pro
hibited from passing license laws.
DR.. Dunn complains that the ladies
disturb him in his business as q
druggist. Do they want to infringe
on the right of DIR. Dunn to sell cal
omel or jalap, scents and perfumes?
Not so. The truth is he trails the
flag of United States license in the
filth and mire of the grog-shop, The
Modoc war cost uncounted thousands,
but he would take Dunn's drug store
and exterminate all the Indians in
the country at short date. These
women did not pray against the
drugs, bad as they were, but against
the whisky. Counsel had ''splatter-
ed" the Court with a world of author
tiles. All the speaker wanted to do
was to show the Court what was the
law of Ohio. Some of those outrag-
eous old English laws had been in
corporated in our statutes, but not
the English law of nuisance. How
silly some of those decisions are!
The Chancellor's arm stretched forth
by an injunction is next in power to
the arm of God; therefore, when you
lay down this strong arm you must
be sure you are right. These ladies
obeyed the mandate of the law, and
are entitled to gracious hearing.
The Code says that an injunction
shall be granted where the damage is
likely to be great or irreparable. Is
that SO in this case? Dunn can sue
these people at law. They are worth
all the damage. Why not take that
remedy? Did the women break any
windows or throw dirt? No, they
only prayed and sang the songs of
Zion. The plaintiff johnson does
not even allege damage, the fact be-
ing that he has not been able to hear
the loudest singing for quarter of a
century. The Court is asked to exc
out enough legal presumptions to
balance the meagre statements of the
plaintiffs. Again, an injunction is
not contemplated by the code except
pe1ede,ate lite. Here is no suit
brought, but an injunction without
that preliminary legal form. This
case will go down to postelity as
Nuisance VS.. Nuisance. Dunn says
the ladies are a nuisance, and the Ia
dies know he is a nuisance of the first
water. Mr.. Thompson quoted Judge
Reed in II Ohio Reports, that until
the party has tried his remedy at law
courts of equity will not interfere ex-
cept where the injury is about to be
great or irreparable. The mandatory
part of the injunction has been obey
ed; the tabernacle has been removed,
and the children of Israel have no
place to worship. The injury in this
case is trifing. The greatest damage
appears to have been to Mr.. Dunn's
lacerated feelings, Reporters must
excuse him, for he felt obliged to
make a speech that his clients could
understand. The women say, we
want to establish a standard of tenn
perance and sobriety, and they want
the law of the land to conform to
what they claim is the will of the
people. 1t is said the highway was
obstructed Whose highway? Com
merce and traffic use and abuse the
highway without hindrance. Can't
these women use it for a moral pur-
pose? When Miriam and the women
of Israel sang their song of joy over
the defeat of the enemies of Gods
people, and welcomed the returning
victors, it was lucky for them that
his friend Judge Stafford, was not
there, or he would have got out an
Mr.. Thompson made an
and impressive appeal to the
Judges not to use their great power
to the practical injury of the commu-
nifty, but to let law and the highest
of humanity go hand inland.
The speaker was frequently ap-
plauded, and his effort has been the
most popular and unreportable one
made.
Mr.. Collins replied briefly. He
wanted to divest the case of all the