The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-03-10
HoNEsDALEs COURT house
Another OF the snarIs In which IL has En-
tangled All who have Touched It.

Another OF the Snarls In which " has En-
tangled All who have Touched It.
HoNEsDALE, Pa, March s.-The local po-
litcal canvass in 1876 was peculiar one in
Wayne County. Pa. and out OF it grew compll-
cations that have resulted In expensive litiga-
ton. A case has just been tried here before
Judge G. p. Waller. the circumstances attending
which furnish queer contribution to the po-
hticnl history Of Pennsylvania. This case has
become somewhat celebrated in legal circles. II
having been tried in the Wayne County courts.
reviewed by tho Supreme Court. and sent back
for the trial Just concluded. 1t Is the suit OF
william A. Smith ex-Democratic candidate for
Representative In wayne County. against
Thomas J. Ham. editor OF the Honesdale Herald,
the leading Democratic newspaper OF this
part OF the Sta,e Judson J. Curtis, ex-Pro-
thonotary OF tho county and Samuel Brown.
executor OF the estate OF County Commissioners
Thomas Brown. The plaintiff is a lumber
operator OF the Delaware valley. He Is FAINT
llnrly known as Billy" Smith. Wayne County
has two members Of tho Legislature. In 1876
Smith and ex- Recorder Almcron II. Howe were
nominated Tor Representatives q ihn Dn,mOii
Gratis. The Hon. Joseph A, Powell OF Bradford
County was running ON ihe same ,tlckei Tor
member of Congress. and Eugene II. Hnwlcy.
editor OF the Montrose Dentordt Susquohanna
County. was the Candidate for Sepator. Tho
new Court House" and the public feeling WIS
strong against a now edince and against the
Grand Jurics that had recommended y new
structure and II was evident that the party that
was to win on election day must show clean
record on the anu-Court House platform
Thomas j. Ham, editor OF the Democratic
newspaper went over the court records OF the
years in which the Grand Jurics had recoin-
mpndcd new Court House. and obtained the
political complexion OF the three juries, His
intention WAS to show that the responsibility OF
the Court House scheme belonged to me lie, he,
really tho true anti-Court House party. He
prepared an article giving facts and hEurest to
list OF one Of the Grand Jures, he stumbled
upon the name OF William A. smith, one OF inc
Legislature Hero was dilemma. The Demo-
Gratis were compelled either 10 abandon the tdea
OF going to the polls as the champions OF inc
candidate who had been on one OF the Grand
Juries whose report had led To- tho beginning ot
the Court House. A consultation OF the Demo-
cratic leaders was hold. messenger was sent
post haste TO Smiths house. twenty miles from
Honesdale. to summon the candidate to the
county seat. Nelson, tho anti Court House can;
didate. WINS also sent for When Smith arrived
the situation was explained. He consented to
were made good. These he estimated at 5000
but lac would throw OF 500, The County COM
mittee had no such sum. but would collect ii
from the candidates. and pay II ten days later.
Then Ham wrote letter Of resignation. aud
Smith signed 1t. This was printed in the next
was substituted Tor Smith.
At the end Of tho ten days. which was only two
weeks previous To the election. BUY Smtn
cAme over 10 Hopesdae and wanted his $500
W. II. Dimmick Chairman Of the County Com
mittcc, WIS in Philadelphia. The candidates
were all out in the country clectioneering. The
treasury of the Committee was empty. These
facts were stated to the ex-cnndidate 10y 4. j.
Ham. and he requested Smith to wait until
things were in better shape. Billy would not
Unless I have that money in twenty min
utes." he said. will go on the track again.
Ill get circulars printed and start twenty teams
through this county. and boat the whole ticket,
In view OF this threat T. j. Hum consulted j.
J. Curtis. Treasurer OF the County Committed,
and County Comm Missioner Thomas Brown. and
the three gave Smith judgment noto Tor his
money. Neither of the three expected ever To
DO called upon to pay the note. the candidates
being expected TO take IL IN. Tho Democrats
elected their county ticket with the exception
81 one candidate. They carried through their
State Senator by 1900 minority in district
that was Republican by 600. Their candidate
for Congress was defeated, although he got
County Committee began TO look about for
means 10 pay the " Billy" Smith note. Hawley.
the state Senator elect. refused TO pay any
political assessment whatever Nelson. who
took Smiths place on the ticket and was sent To
the Legislature. refused 70 give cent toward
paying the note. Powell was mysterously
silent The note went 10 protest. and Smith got
nm execution against Ham, Curtis. and Brown.
A stay was obtained. and the case was carried
into court in 1877.
| Powell had not contributed to the fund for the
canvass In Wayne county in 1876. i. j. Ham
| testified that he had not received any money
| from Powell TO pay on the smith note. Judge
| Waller instructed the Jury 20 bring in n verdict
! for Smith. The defendants carried the case TO
| the supreme Court. and the decision was re-
| versed on the ground that the consideration OF
this note WIS Illegal being in violation OF tho
| election laws and against public morals. IL was
| sent back Tor new trial. Now tho new trial has
| ended in a verdict for Smith. and the defend
ants will carry the case to the Supreme Court
| once more.