The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1876-04-13
THE GREENYILLE LIBEL SUIT.
A Condensed Statement of the Case.

Inc suit or W m. T.. Earle against The
proprietors of the Grcenville Enterprise
and Mountaineer for ten thousand dollars
damages for libel, rests upon the follow
ing facts:
On the 18th of July, 1875, the Enter
prise and Momtaineer, which was edited
by Col. S. S. Crittenden, published the
proceedings of the Council Chamber of
the Grangers of Greenville County. The
Republican, edited by Capt Earle and
J. M. Runion, the following week con-
tained an article ridiculing the Grange
and some of its members, and concluded
by asserting that its objects were not ag-
ricultural, but charging by clear implica-
ton that it was political body. Then
the Enterprise and Mountaineer published
the following article:
"CoNTEMPTIBLE.- Republican af-
fects to speak contemptuously of the
Patrons of Husbandry of Greenville
County"
Then followed two articles in the Re
publican, headed "Contemptible" and
"Contemptuously," which reflected upon
COL Crittenden personally, and, among
other things, spoke Of civil judgments
which existed against him. Col. Critten-
den met J. NJ Runion, one of the editors
of the Republican, and asked if he was
the author of the offensive articles in the
Republican, and receiving an evasive
reply, caned him upon the streets of
Greenville. Runion, therefore, let it be
known that Capt. Earle was the author
of the articles, and correspondence fol-
lowed between Col. Crittenden and Capt.
Earle, in which the former denounced
the latter as braggart and coward. The
Republican then contained card from
Capt. Earle, again rejecting upon Col.
Crittenden, whereupon he published the
following in the Enterprise and Mountain
eer, of which he was editor and the Bal
ley's proprietors:
JUDGMENTS Sometimes judgments
are rendered in civil courts against man
who retains the respect of his fellow-men.
But there are judgments when rendered
against man by the community in which
he lives, and who have marked his course
from boyhood up-judgments against him
for want of honor and principle, and the
lack of every instinct of a gentleman,
which leave him naked and forlorn in
deed-a moral bankrupt. Such judg-
ments have long been entered against
w. E. Earle"
Other articles followed in each of these
papers, in which these editors abused each
other, and at last Capt. Earle published
a card in which he informed the public
that the libels published in the Enterprise
and lounta;neer should be investigated
by a criminal and civil action in the
Courts. The article published above is
the one upon which civil action for
$40 900 damages for libel was instituted
against the proprictors of the Enterprise
and Mountaineer. In answer to the COM
plant, the defendants alleged the facts
which induced the publication of the
libel as we have given them, and further
plead that the article complained of was
true, and cited the following facts, which
they promised to prove:
/. That VIM. E. Earle, at the close of
the war, went in the night time to the
house of a man named John Dill, in
Greenville County, representing himself
as a Federal officer, under an assumed
name, and ordered him to bring out a
fine horse, which he took and carried
away, without giving any compensation;
that for this highway robbery a "true
bill" was found against him, and the
friends of the plaintiff induced the pros
ecutor to consent to a nol2e proScqui, by
leading him to believe tract of land
would be given him, which he claimed
the plaintiff had wrongfully deprived
him Of
2. That on the same night, under his
assumed name, he went to the house of
an old Union man named Crane, who was
q worthy citizen, and made negro man
whip him most cruelty; that Capt Earle
was indicted, and that as Crane, who
never recovered from his injuries, was
unable to be present, Mrs. Crane was the
only witness to prove the battery, and
under ruling of the presiding Judge
her testimony was excluded, and the
plaintiff went upon the stand and swore
that young men did the whipping, and
that he made them stop, while, in fact, it
was done at the command of the plaintiff.
8. That the plaintiff, as an attorney,
issued complaint against A. L. Reese,
who answered it within the twenty days,
but the plaintiff at the expiration of the
twenty days, went before the Clerk and
falsely swore that no answer had ever
been served upon him. Under this, exc
cution was issued and the land advertised
for sale.
4. While magistrate, the plaintiff
compounded felony committed in An
derson County by his brother, John Il.
Earle, in stealing S26 in money from J:
S. King and pair of saddle-bags and
clothing from ]. w. Sitton, for which he
was about to be prosecuted, by paying
S25 to the father of ]. w. Sitton, who
was a minor, and giving his note to j. s.
King for 500, which he afterwards paid.
5. That the plaintiff, as attorney for
Edwin Bates & Co., of Charleston, who
held mortgage on tract of land be-
longing to Edward Powell for S3l4,
bought the tract of land when sold by the
Sheriff under q junior execution for $50,
subject to said mortgage. He did not in.
form his clients that he had purchased
the land, and was liable for the whole OF
their debt, but falsely and fraudulently
wrote them that he had with difficulty
effected a compromise with J. W. Powell
(son of Edward Powell) at $3.50, and ad-
vised them to accept said offer, which
they did, although the said Powell did
not make nor know anything of said
offer. He then sent them check for
$3.50, less his commissions, and sold the
land to John Timmons for 5000, defraud-.
ing his clients out of $64, in violation of
his oath as an attorney.
Upon the side of the Plaintiff, MessIs'
Simpson & Moore, j. II. Whitner, 5.
MCGOWAN and J. L. Cothran were the
attorneys, while Messrs. Whitner Symmes,
NJ. c. Butler, w. H. Perry and NJ: L.
Bonham appeared for the defense. The
defendants put up Ex-Gov. Perry and
about thirty-fve witnesses, among whom
were Col. N. Fl. Davis, Rev. J. G. Fur
man, Hon. r. E. Bowen, Hamlin Beattle,