The Carbon advocate. [volume] (Lehighton, Pa.) 1872-1924, 1879-03-15
IuONEsDALE's COURT HOUSE.

ut lOllpNl lllB 10 Il lSllANCll habSN AiShS9
dale, March sth, and no doubt will he in
terestng to number Of our readers: The
local political canvass in 1875 was a peculiar
one in Wayne County, Pa, and out Of it
grew complications that have resulted in exs
peusive litigation. A case has just been
tried here before Judge C. z. Waller, the
circumstances attending which furnish
queer contribution to the political history Of
Pennsylvania. This case has become some
what celebrated in legal circles, it having
been tried in the Wayne County courts, re-
viewed by the Supreme Court, and sent back
for the trial just concluded. 1t is the suit
of William A. Smith, ex-Democratic can
didate for Representative in Wayne County,
against Thos. j. Ham, editor of the Homes
dale Herald, the leading Democratic news
paper Of this part Of the State: Judson j.
Curtis, supplementary Of the county; and
Samuel Brown, executor of the estate of
County Commissioner Thomas Brown. The
plaintiff is lumber operator of the Della.
ware valley. lie is familarly known as
"Billy" Smith. Wayne County has two
members of the Legislature. In 1876 Smith
and eXRecorder Almeron R. Howe were
nominated for Representatives of the Demo-
crds.. The Hon. Joseph a. Powell of Brad
ford County was running on the same ticket
lor member Congress, and Eugene r. IIaw-
ley, editor Of the Montrose Democrat, Sus-
quehanna County, was the candidate for
Senator. The vital question was, "New
Court House or no new Court House." and
the public feeling was strong against new
editice and against the Grand Jurics that
had recommended new structure; aud it
was evident that the party that was to win
on election day must show clean record OH
the anti-Court House platform.
Thomas J. Ham, editor Of the Democratic
newspaper, went over the court records Of
the years in which the Grand Juries had
recommended a new Court House, and OBJ
tanned the political complexion of the three
Juries. His intention was to show that the
responsibility of the Court House scheme
belonged to the republican party, and that
the Democrats were really the true anti
Court House party. He prepared an article
giving facts and figures to iortiiy his posi-
ition. But in running over the list of one
of the Grand Juries, he stumbled upon the
name of William A. Smith one of the Dem
ocrattc candidates for member OF the Leg
islature. Here was dilemma. The Dem
ocrats were compelled either to abandon the
idea of going to the polls as the champions
of the anti-Court House movement, or get
rid Of this candidate, who had been on one
Of the Grand Juries whose report had led tu
the beginning Of the Court House. A con-
sultation Of the Democratic leaders was held.
A messenger was sent post haste to Smiths
house, twenty miles from Honesdale, to sum-
mon the candidate to the county seat. Neil
son, the anti-Court House candidate, was
also sent for. When Smith arrived the sit
uaton was explained. lie consented to re-
sign if the expenses he had been to thus far
were made good. These he estimated at
5000, but he would throw off SlOO. The
County committee had no such sum, but
would collect it from the candidates, and
pay it ten days later Then Ham wrote
letter Of resignation, and Smith signed ii.
This was printed in the next number of tho
Honesaaie Herald, and Nelson was substi-
tuted for Smith.
At the end of ten days, which was only
two weeks previous to the election. "Billy"
Smith came over to Honesdale and wanted
his $500. w. II. Dimmick, Chairman of
the County Committee, was in Philadelphia.
The candidates were all out in the country
eleclloneering. The treasury of the COM
mittee was empty. The facts were stated to
the ex-candidate by T. J. Ham, and he re.
quested Smith to wait until things were in
better shape. "Billy" would not wait.
"Unless have that money in twenty
minutes" he said, Il will go on the track
again, I'll get circulars printed and start
twenty teams through this county, and
beat the whole ticket"
In view Of this threat T. ]. Ham consult
ed j. j. Curtis, Treasurer Of the County
Committee, and County Commissioner,
Thomas Brown, and the three gave Smith a
judgment note for his money. Neither one
of the three expected ever To be called upon
to pay the note, the candidates being expect
ed to take it up. The Democrats elected
their county ticket with the exception of
one candidate. They carried through their
State Senator by 800 majority in a district
that was Republican by 900. Their cand
date for Congress was defeated. although he
got | 900 majority in Wayne County. Then
the County Committee began to look about
for means TO pay the 'BAly" Smith note
Hawley, the State Senator elect, refused l.,
pay any political assessment whatever
Nelson, who took Smiths place on the ticl.
ct and was sent to the Legislature, refused
to give a cent towards paying the. note.
Powell was mysteriously silent. The note
went to protest, and Smith got IN execution
against Ham, Curtis, aud Pfuwn. A stay
was obtained, and and the .ase was carried
into court in 1871.
In that trial j. j. Curtis swore that Joseph
A. Powell had not contributed To the fund
for the canvass ia Wayne County in 1876.
T. J, Ham testified that be had not received
any money from Powell n pay on the
Smith note. Judge Waller instructed the
jury to bring in a verdict for Smith. The
defendants carried the case To the Supreme
Court, and the decision was reversed on the
ground that the consideration Of this note
was Illegal being in violation of the cleo
tion laws and against public morals. Il was
sent back for new trial. Now the new trial
has ended in a verdict for Smith, aud the
defendants will carry the ease 10 the su-
prsms Court enes NOR.