, 1874-11-15

| found against You Tor HboltuE Mes5fs. N. h.
Fairbauk and H. A. johnson III tho alticles pub
| lishcd in tho Times against tho characters ot
those gentlemen.
Mr. s.-Then the bill was found against tho
Iimes-noe against moi
RI think it is against you personally
Mr. Swell, dou't know anything about it.
| R.-What shall you do about 1T?
1tr. S.-Defend myself; what e1se can do ?
R.-Ies, of course, but how? What line OF
defenso shall you tnfe?
Mr.. ST can't tell anything about it. I don't
know anything yet.
R.-Who arc yonr lawyers?
Mr.. s.-1 haven't onrloyed any. How: con1d
I have any lawyers until knew Twas indicted !?
RI didn't know but you might have cou-
tract witt: some firm to de:ent you asaius: libel
suits at SO much year.
MIR. rA1nnAvH.
afr. Storey having nothing moro to say, the re-
portar wi:tl3re~ and called upon AIr. FairDauk.
The latter explained his part in the ma.tor as
follows:
lie had arrived at the conclusion that somc-
thing must be- done to protect himself from the
persistent, venomous, and uniustihanle attacks
made upon him by 3[r. Storey. He had two
COURSES open to him to obtain redress He could
commence . civil suit, claiming sum of money
or 10 coclI appear bsforo tho Grand Jury
md obtain an indictment for libel Under
tue lawa OF tho State tho sa,no as for
aav other criminal act on AIr. Storey part. The
law detlcs libel vesy clearly, and tho :;unish
mcnt ths;efor. 80 that any person who has been
uacio,isly dcfanca can make complaint before
the Grand Jury. and o!,snin the Indictment of the
Offending writer CT luh''snr.
THE Law
upon this point is As follows:
A libei Ia malicious defamation, expressed ci:Ncr
by printing or by sgus or pictures, or the Ec tend
Ing to blarken the 1ncnor: Of one wEo II dead to
impeach the honesty integrity. virtue. or reputation.
publish tho natural defects Of who is alive, aud
thereby to e1pose him to public hatred, contempt. or
zidicuc, financial injury. Every person. whether
writer or puhiishsr, Convicted Of lie Shall b iintd
not csceeding $500, confined in the County .'a not
exceeding cne year In all prosecutions for n c1 tho
truth, whcn published with good 1no7es md for jus
titiable ends, shall to sufficient defense.
Acting npou the foregoing, Mr. Fairbank FRI
doy made his complaint before tue Grund Jnrv.
He preferred to proceed in this manner rather
than by commencing civil suit for damages. in
as1nuch as lie did not desire money damages nor
to appear ~ il actuated by merccnary motives.
But the attacks Of the Times vera so bitter and
perseyelins that ne resolved to see whether
there WAS any means under the Laws Of tho State
for si!enclng tde1n. The specific article upon
which tie iudictnen: vas found was published
iii the Times Of July u, and is given in tlo IN
aictment-
THE LAST STRAW.
Mr.. Fairbank Was moved to action at this time
By paragraph III the Times Of Nov. l., ID fol-
lows:
II the Chicago Relief and Aid Society has no: for
feited the public confidence. do not know what it
could do forfeit 1t. l. has just held ts annual e'cc
ton for o'1eos, and has retained on its Executive
Committee two who VIGOROUSLY guilty Of
having appropriated relief funds to their use.
We aude. Of course, to Mr.. n: T. Fairbank and Dr.
speci has been heretofore exposed in these column.
This action Of tho Society u indo:ent It Is an in
.l. to ese5y nencs man IN he % community is &C.
but withdrawal Of public confidence from the Society
He acted entirely upon his own Judgment, and
did not consult lawyer; nor mention his iuten-
ton to Dr. johnson. Tho first latnation OF the
matter to the latter was SUMMONS to appear
before the Grand Jury IS witness. After hcar-
ing the testimony Of Mr. Faitbank md DR.. John
son, the Grand Jury had 10 hesitation in finding
m indictment against Mt. Storey. Mr. Fairbauk
has engaged as his counsel tho Hon. Lyma:l
Irumbult Leonard Swett Esq, and Sidney
Smith. Esq, and ho intends to push the matter
to the utmost. He expects further attack from
tue Times, but he is prepared to meet it in the
Same way, and proposes to show Mr. Stormy that
he cannot slander and yilify men Of honor and
reputation witt impuhity.
THE INDICTMENT,
The GRIND Jurors. cLosen. telectcd. and sworn, In
aud for the County Of Cook, IN the State Of Illinois,
State ct Illinois, upon their oaths present that Wilbur
F. Storey late of the County Of C,ok, the 10th day Of
dred and soventy-four in said County Of Cook t the
State Of Illinois aforesaid: unlawfully, wckedIy aud
ma1jciousiy contriving and intending 70 nure, vily
prejudice, and defame Nathaniel K. Fairbunk and
to inpeach the honesty, integrity and reputation Of
him, the said Nathaniel X. Fairbank, and thereby
expose him. the said Nathaniel T. F4irbank to public
haired and contempt, and to uure and aggricve him.
the slid Nathaniel f. Fairbank, did there ind then
unawfutly, wickedly, and tnaicous1y, by printing,
publish. aud Ia published in cc1 tain public
newspaper of general aud large circulation IN said
county State, and among the inhabitants thereof
form Of an editorial certain false, Malicious; scanda
lous and dcfamatory Htel OF and concerning him.
tho said Nathaniel X IL Fairbank containing tbe7ein
say Now is good time for Mr.. n K Fairbank
Nathaniel 4. Fairbank) and Dr.: Il: A. Johnson 10
difgorge the money, amounting to 1850, which thcy
Thereby then, AMI there meaning the said Nathaniel
l. F.drbauk aud the said DR.. IL A. Johnson) apstract
ed from the fire relief funl couple Of yours ago
1t Thereby, then, aud there meaning said money ts
Let them {slereby then, and there meaning ,te sati
Nathaniel Z. Falrb.ok and DR.. II. 4. Johuson1 DIS
TIM aar2 1f Of of
hi1n the said Nathaniel E. Fa:rban contrary to the
satute and against tho and dignity Of the came
people Of the s:ase Of Illinois. CnAnLEs II. REED,
States Attorney.
As tbs circumstances which led to the sian
ders OF the Times occurred over two years ago.
- TIE HISTORY OF THE WHOLE AFFAIR
will be Of interest at the present time, and will
serve to show the character of the charges made
against Mr.. Fairbauk aud DR.. johnson. The
Relief aud Aid Society was in existence long
time before the great fire, and mas designated
by the Mayor as 4 proper and well-organized
means Of distributing the relief funds sent to
the city after the fire. The great majority Of it's
members were men OF sufficient means to enallo
them to giye their time sud services to the work
OF distribution Of tho relief funds free OF charge
The Executive Committee selected DR.. H. A.
professionally aud socially, to be the head Of the
Medical Department. Dr.. johnson had large
and lucrative practice, but was not wcalt6y
nor Of strong phyelque. In tho arduous
duties imposed uoon him BY the ne-
wholly en1lnyed. TO the complete neglect OF
his own practice. Beside this great pecuuiary