, 1874-04-15
The Libel Suit Of Bush vs..
The Chicago Times.
Decision by Judge Booth on Defend
ants Demurrer.
Vho Word Shystcr as Defined by
Plaintiff Is Acti0nablc.
But It Is Not Actionable to Say a
Man Is The Most IIfitcrate
Lawyer.
since Such n Man Must Ncccs-
snri1y Exist.
NO Legal Presumption Of Inte1li-
Eonce.

morning, decided tho demurrer IN tho cese O.
bush '. Storey. Nearly Two ycars ago tho Tine
published an article showing up Bomo of tht
habits OF tho divorce shyatorB Of tho Chicagt
Bar. Among thcso William, Bush, the plaintif
IN tho present suit. hguroa prominently. III
sas called " shyster," and " divorce alyster.
alluded to aa tho "nost illlterato mombor of tue
bar" aud as d " "fonrfuly and wonderfully liz.
norant man." Some claima to literary
atsainnlenss On tho part of Bush wore also sar.
cnatica!ly alluded to In the article. Bush, feeling
aggrleyed,, began suit for libel, laying hie
dainagea at tho Bum Of $4,000.
DEMURRER WAS FILLED,
on the grount Tint tho word "Bhyator" rms not
aotlohabIe. Aftor kocring the matter undor
aaYisonlont about throe months Judge Booth
rendered foila decision yesterday, which viii be
Tho difficulty, ns the Judge remarked, was TINT
tno word bud mot any recognized meaning il,
ihe Engliah Language: But it would Soon, cor
tainly, that II 1t lad no meaning, or vcry
yagno snd VARYING SPECIALIZATION, thnt j could not
wrongfully, to person. Aud tho decision sooms
TO Aavo stretched tho power OF Judgo so1nc-
What, by arbitrarily giving such sgnltlcation to
ino Wofd, on tho sole ground TINT the ploailor
having alleged TINT 1t implied rogue, cheat,
% 20 accepted aH the Interpretation" As regards
tue oppression, - Tho most ilfitornto mem6er Of
tho bar" the decision WIS emino1ltly proper, and
tho reason glyon plain. Ar regards tho alloga-
ho not having donicd those allegations o. by luw
required, tho count Of course must hayo bonn
considered faulty.
THE DEo1sloN.
Tho decision ia aa follows:
Willis This s Z ~ action brought ~ wlinm Bush against
Nilbflr Storey in which tte plalntiE accks to re-
recover u5magcs for a1l alleged bcl published in tile
sss st tho sfsaant Tere aEo ys counts il to
drawn,-certainly at great length.
IN THE f1AsT COUNT
tho plaintiff sets forth that at tho time OF the commit
regularly and lawfully admitted to practice on IN
Attorney i,.o ann ox COUNSELOR ct Law and sollc-
Of tho s!ats of noia that a wan ] engaged iuul i se
practice of lts profession as anc counselor aud attor-
Hs also atatc2 that there had boel, wag,
NOTORIOUS CLAN,
or casb, or number OF 1srsona commonly called and
an,sters WHICH ciass or cun was noo,guss eo,,,s ~
posed ot peEaouH who havc III is generally believed ia
aon'e Irregular way Or lnaunor been admitted to prac-
never admitted 10 tho bar licensed, or In any why
Or a,y aher ~ atAorzea to practice US ntsosneys at
to bo attorneys at lazy, aud and that said Glars
Of poraos CALLED ehyatcrs generally a,l,l popu-
roao and at Sesaaso o saa pons anu au II
learning In tic law, Observation-Disclosures. rusaey t "
dishonesty, mud had ropuc, aud their generally ,n
'ssoi%tahc dsgracctu ad not nnfre-
~ tla business they have undertaken ami still Under
ta'ie that they are looked upon aud regarded with
d,sfsyor, DISLIKE and contempt, by tho iutcj]suent
orderly. and lawrespecng citizens, aud especially Iy
all Ecntlcmcn learned In tho luw.
sp.hot. name, and description Of sbystcr wan h.
iore anu q tic tne OF thcEe grievances. and still IT,
a1srepuiaoe aud dtpgracefn mud stu ii generally and
tlisgraceil, nl1 sas before, mud at slls tmc wheu
and 30 forth, aud still s synonymous with tic words
tsrms epitles' nnncs, aud descriptions following:
Eoour, CHEAT. rnroKsrrn, rsAyE.
ahark, sharper, syn1lor. and no forth.
shon aud 80 fo.l un still is uproirssioual tiisre
atabs and 10 o ad 30 regarded by all
IIo count also rcc!tes TINT tho said plaintiff never
has been, aud nevcr Waa and is not 'ssyhtor"
does not exercise, carry on ur follow tic OCCURS
pevsr bse sspeetcd q being aehysterS Or Of fo-
sng;" but, nevertheless, tho defendant. contrying,
and SO on to injure tho plalntiT in la gool repa.
d sliyster." nnl that lie waa engaged u tic unnro
fessional mud dlsgrncefu busarsa Of "shysIering,"
ana to Induce TIE public to ellass he was Of tic
tain Newspaper called tho
GMloAao TIMES, A11As TUE SUNDAY T1nEs,
vteEcdy, nialsciously, anl 10 forth. comloaed aud
uhlisAed q aug concerning tte plainttif, aud Of and
LIN III reRpect to his profession asl bHt
acss faise scandaloMs, malicious, md dcfaratory
De!: And thsn i ,ets ot,t tbs l!be. which
y Aeaucd: "'!sricf biographical Sketches Of i
Ecw or tho Most Talented Shysters-T4o Occupation
i bhysterlng, and Who Foliows It ,-(Mua1ng tho
haintiH aud certan othor pcraons, whose nanea IN
Sei! ~ aa!d raintias were published BY defendant
y ssa sa1fesa'a, e. nna were pug nre contained a pull
CT set g. forth 1 ai!a lnontloned.w
ANA lhrn 1t pr1ccc1a to Bet forth the belous pub
tcation II which tho plaintiff, among others, is
nasactcrlzed ny "slyser," aud Is represented
eing engaged Ill fhe business OF "shystcring.n |
Ataoua ueFaoHh with Hu0m lie is coanDcte&t I
ro aiao named. Uuo OF them ta represented |
y being crllHtnhl, or convicted OF 4 1nta-
emeanor aud ta.y arc spoken Of gonerally as |
ldrepataolo Class Of pcrsons aud engageA III dis
reputable business.
tits a esch inI a eysry co hpr.o
aneEally aud specially, sotting forth various grounds
Or donurrcr, asong other tliugs claiming llAt tllu
lnuonupes aro nut sufficient, And thu tooHuiu,n is
OF aallcent. aud that there ia uncertainty III tho
Legations III regard to the meaning OF lilo turn
shyser" objection IL specially taken to tho acg.-
A1l