, 1875-04-28


inal Court yesterday utorning. Thoro wete
shout 2oo pcop1s prctont, tho moro prominent
being ]. j. lfcOsatIl, Gen. 1tcb, Sam Ashton,
ex-Jup!sco Eoydou, ex-Ald. Montgomery, Franc
WtlkIa, as,l Sheriff Aensw. btr. Storey was ab-
sent. II xas supposed that II !eaat ons II not
two Of tho c1ses would ho tried, but counsel for
tic defendant - wanted time to pfoFato de-
fnhses," anI accordingly spout the Whole day In
argument with tho view Of having the lndict-
ulcnsH thrown ou! OF court.
As aoon rs tho court opened, Col. rtesby
filed
NOTION 10 QuAaH
tho indictment In tho Lse5 cato beehuae It did
not contaiu my oifcpso known to tho laws OF H.
llno.s, aEd tue counls weTo "1tcertain. IN
format aud insufficient" 1fo questioned tho
saAiconcy Of tile cololuium, since there werc
no avermcnts ln It showing that tho Clerk OF thn
Count; Hoard waa an empio5e Of tho Cletk Of
tue County Court. The statute expressly mixing
funct'one Of tho ottico. The indictn'ent did not
show but What hr did discharge tue functions.
aud that III dosns 80 he otnrosed so:ne one.
Mr. I;ecsI coucedcd that. II the las an'horized
Lien - ,ertise aalaFy ~ County cletA ~ snd i,
salary "a Clerk Of Tho County DoArd, tho Times
article WIN not llbrl9us.
Cul. EscsbY coutepdcd TINT thero wns nothing
In tho Indictment TO show tl.at Lieb bad violated
tic ds1t:ca VI llla Office In removing tho rehon
who accI I'll Clctk Of tho County ]soatd md
substituting nnotAor-uothinE t" ehow that hc
was ust 1usll.lel in putting a man III the tIa,o
at salary less than s3,003 year. Doing 20
MAJ nn retec:ioh upon him.
IAe Cou tour portion ID that.
II 4 NEWSPAPER ibtFurt4 p1atI0sE3Tf
nn'l want Ut Integrity 10 All iiyidna! III an off.
c:a capacity. and Eyos tho I:ftml,eA nj vi ahc!a
tue clstre is os.ed, unfvsn sho vIcns,ass wA-1Ast
Ito .mpu,Gtion tlIeto Is uo libel:
i,ifttIu Il ny atk1H
Tao Coart-fnu may Gill him thief and a
sw'uelas, assd .cl! Why you call hiin ro:-if liza
re4:e1ls int sufficient ,ou 'naY tall lI1 auase
as thuci. ~ .uu Il .ve tntnd to
when tic circumstances are stated. hl.A Iiley to
not HafrAit It, aud tho language ncgat1red The
cancsuaon. nu indictment would not lle.
Il Purity stated #, goue'al'y taas
III ofEce.--tl.at ho was Corrupt. et,.,-say,p;
notlug by way OF qualification Or limitation.
rtsu,no IN Indictment would lic but mr. roiut
is tlr.t tho language I'll tho atsicla did hiln III
hasn.-ho oi,o con|l have misunderstood II.
tlr. Cloudy sGgEeB.cd that
DErAMA1los or CHARACTER Mrs7 NE wttrUL
10 cuns:ltuta iloi. yhIs ha commended nas not
tr.o III this caee tho statements III the Times
ar'leio beng qualified. mud m: a+sestsns tnat
vita: wan sald was founded II: on Il: t.
bcs'dcs, tho necessary statements. wgrs
npt snitodted in tile coifo4l,iun IL t,ake lie
application Of tho language htel.. II the arti-
Gle Hcr.' l}ol, every newspaper ed!tor might Le
indicted every uay s!ncc II was slight cslnisa cd
nlsh ariclss which APPEARED from day 10 dav
about p1LlIc officers, no wronv.losng whatever
being iu'IEted to the County Cloriz.
The Court-l tliiak t:!,s ia
Az EXCEEDINGLY NILE. LIBEL,
[L1NgGiuE.] II ia NOT very sayago ono. Tho
effect nhl meaning OF that as:iclo j. that L,cb
is nhGne4t,-thh. hc IN taking moro thsn What
10 ougl: e es Iaw:-nlakins psols ~hse!' b.
In not entitled t.. II tho iialcsinunt Is no: good,
matt tu IN n
the ASHTON 1TD1cTMEsTs.
Sfr. Genty then presented bsB reasons for
1u1Aling tho "Asnton Indictment" Tho Ettt
III tic Times a,tic!o VAS: "alr. AsAtou, tho
lis roon,s, will let. up on yoa it you val quit
etcsllns." Ilo did not think snuch nrgurnont Was
necessary to shos that that sas not !lneiuns.
Str. Van hr1ran submitted that !: was libeloua
because It tmbiiAd TINT Ashton had been stealing.
slr. 1ceI urged that
THE TENDENCY or TIE ARTICLE,
to avery Ordinary nind, wls that tic Times
meant to charge Aah:ou with bo'ns t'iof.
.Mr. Guuay-1io III nos charged with stealing.
Te Will ore, II tho comes to tr'ai, tnat tho
proposition Mas Inn 10 III the MS Sol ous IN the
altcle. Anhtons oi1lclal. l.couduct is nat referred
10, nut what ho had douc.
The Court
THE MEAs1So or TIE ARTICLE
in TINT Tiers lA.1 been such thim;B between tho
Tines and Asltui-tilat they iludvl took TO col,o
tu q ectilenlent OF tllem-tbat such had been tala
rroysoas course that .ncy wero justified III mnkps
it couditi,n Of that settlement that
that he Ind been stealing. Everybody would
understand from it TINT great uroGH.dolng WAS
imputed t'' tas parry named. l silal therefore
override tho Motion.
Mr.. Nicaby cntelcd ploa OF not guilty, and
touk up
ANOTHER ASHTON 1SD1CTMExT,-
tho ono founded Oh ttIis language; alt {the
ring) la great improvement over tho old one,
H.. - a.
longer in It,, .naaiaamiuiat, tAau any Of lis
psedectsaora,' ctc. lie urged TINT II Ashton
was llnoled il grew ont Of the fact that ho sas
SsSs.sa on;n d ~ nal pnb,o. essf. I' .nsas ssl9
character Of AeAton.-4iid hot state
that At the time ho MOS not public otflceF-a
fact tunt Should be Bot out-tAat ii WA "of aud
concerning" lin ~ such number Ut the Board
Of County Commissioners.
atr. Heed replied lhas no coloqaiunn vaa
needed.
Tho Court-Thcrs can DO
Nur ONE MEANING
to tho article, and that impute% tolerab1y bad
ceuluct to AhA.on-ltuni!es lhAt llis nt,ueuce
ll,aue tho new con,biu. iun not 80 objectionable
"a fotmor "Eang of thieves" The motion "
oyortusd.
TUE THIRD
and last Ashton Indictment was next cons;de.ol
Tho Court-T4ls ~ clear on tho fRce nt It.
f1leadng}: "Iho attempt OF Ashton and few
other tilleyes." Tlst dues not uteu any N ef-
asorY syermaut. That IL tuo Iiboous to admit
Ut tlabata.
Mr. 0nudy entered plea Of not guilty.
After rrcesa the
"OB5cENH INDICTMENT"
was taken up aud Mr. Guudy luads tho point that
tho statute covered tho otionHe, aud lilo Iutl.cs-
moa', being undcr tae cumnon law. could not
atnna.
The Court intimated ,l,at lle would probably
QuAsb the indictment. ua could not colcel.d
low tue ovidence Which Woull support 1t aou!l
not rove statutory ot1ouas, and. IL 1t would,
then q colunuu law indictment could not 10
6us aineu.
s1r. Iced dcssrel tho McGrath case, tho first
OH tho docket, disposed Of.
Alter sonie DEBATE, Mr. Cloudy pleaded "not
guiitY," and. with Tho understanding that it Ia 10
10 t1iod this mo1niug. tho Cour! adjourned.
TIE WARD ESTATE.