The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1878-04-29
DECISION BY THE sJPEEME
COURT.


iendsnt. In the opinion ofvery able law
yers, the points upon which the defend
ant asked 8 new trial were ample in law
to Justify the granting Of the same.
While this decision must be yield
ed to it does not change our
opinion, and the opinion OF many better
yersed in the law than ourselves, OF its
grea! injustice and hardship. That this
verdict has been laboriousIy and vigof-
ously lobbied Tor by parties interested
has been patent TO even casual observers.
But Of this we will speak at another
time.
The eIhorbitsnt fine will be promptly
paid, aud the squsbbIe amongst the mob
of Interested parties will begin over the
spols. The REGISTER will go on in the
even tenor OF its way, giving the latest
news IN the brightest and most attractive
form, and discussing with fearlessness the
live issues of the day, and the behavior
of men asking or filing positions OF
official trust.
We hereunto attach history Of the
case, as given in Saturday evenings
Standard, not because 1t IS strictly COZ
rect in all its particulars, but because it
was probably prepared by ooe Of the par
ties interested on the other side sud is
printed in one of the papers which has
steadfastly contributed whatever OF ia
Huenco it possessed TO prejudice the case
against US:
From Saturday Standard.
The celebited libel suit of james w.
Sweeney VS.. Lewis Baker, James b.
fancy, w. j. Johnston and others, oil the
Register Company, was decided IN Ihe
Supreme Court of Appeals to day, suS'
tanning The verdict Tor the pl@intlf IN
the Circuit Court OF this county,
which gave Sweeney a YER
dict for 5000 and costs. The
public are general ' well acquainted win
the case, but review Of 1t will not re
embarrassing. Some years ago MAJOR
James w. Sweeney came out as a Cand!-
date for the Legislature, running against
Gen. A. j. Pannel, the regular Demo
C-stic nominee. The REGiarEs saw ut
TO attack The private character OF MAJOR
Sweeney, which the MsjOr did not vt al
relish. A bout noon, the same Gay TINS
attack appeared in the REGISTER, MAJOR
Sweeney met Mr. .. 5. Long, The editor
OF the paper At that time, IN the posLoih
lobby. and asked the gentleman II ho mad
written the article referred tC. RecelY-
ing al unsatisfactory reply, Major Swe'-
ney struck MIR. Long, and followed up
the blow with . pretty severe beating
This, OF course, inccnSei the REGISTER,
aud 1t came out the next morning -oiee'
ton day-and PAINTED Major Sweeney :
character n more sOmbre cOiOrs than be
lore, using many insulting terms, and
throwing at HIN choice phrases OF Bill.
Engsga,e in liz description Of him.
1t wss on this day that the Major gUt
90 me war path, fully armed snd equip
ped. Seeing Mr.. Lewis Baker, senior
partner, and MIR. Clarksop, then city
editor OF the REGISTER, in street car in
toe southern part Of town, be jumped out
OF buggy he Wa riding in, and mount
ing the street ca, opened up tuslide
upon Baker, wac luckily escaped the
shots and fed to house near by. By
tins time matters had become pretty
warm between the two men, and the
REGISTER cane out punclually on the
following murh.n- with its usual dose.
The Major al tbis time knowing ne wss
defeated Tor .he position TO which ne as
pred, took another way to satisfy his
outrages, and promptly entered suit IN
the Circuit Court of Ohio county. The
trial came OF, and the REGISTER made no
defense, relying upon the jary to throw
The case out of Court, but were surprised
when TIE twelve men, good and true,
returned verdict for Sweeney for IS. GOO
| damages.
An appeal was tskon from the decision
of tue Circuit Court, and the case was
carried 10 the Supsem3 Court, wnere it
has remained Tor two years, until the de-
cisloa was rendered to-day.
DECISION og THE SUPREME COURT.
The unanimous decision Of the Su-
preme Court OF Appesls was read by
| Judge Green, this morning, affirming the
verdict and decision of the Court below.
1t occupied about one hundred pages OF
| closely written mscteT, and IS, Of course,
too long for publication IN tn Je columns.
The syllabus deals mainly with the
pleadr0gs IN the csse, and decides, among
other thlogs, that plea in publication
Tor libel mr-t sptCny pa ticular facts
which show the general charge TO be
true: tina, an litOr hes no pecuIis" priv
ileSe OF publishing what Is injurious to
sno,pe,; L1at he hes the same right
as o,ber people to publish true or
fa'se allegations with good motives, or
mslicioUsry, in reference TO the physical
or menta qualifications OF candidates for
public otlicC', 5u. where such allegations
affect mo, al cha sctar and are iibel!Ous, he
is held t. proof { . their truth. The ba.-
arce office SYLLABUS considers the question
OF new TRIALS. S~ksd on the ground OF cx-
cCssiye damages, and that q Juror bad
made up bis mind before being called,
and hoids that such new TRIALS vii, not be
granted, unless damages are SO enormous
as 10 furnish evidence Of Partially, Pss-
sion, corr upton or prejudice on the part
OF the iulv, or that il Justice was suffered
tIom the set that sucu juror served"
Al,orney-GenerAl White, counsel for
Baker & Co., made motion Tor re
hearing of the case, which wss taken
under advisement by the Court. The
verdict is for $4,000 and the costs of the
suit, which will amount to u tOLsl Of
about $4,000.
TEE ParkersbUrg Sentinel opposes our
nominee a. WASHINGTON CAMPBELL,
as the Republican candidate for Con-
grcss. That paper insists on bestowing
tbst empty honor upon our dyspepIic
friend, Gov. STEVENSON, of the State
Jo.TmaL We protes: against the smash
ing of our IDOL in this summary manner.
r. tho NOV We rpCret IN spa the Sf1yGJy.I