The weekly Union times. [volume] (Union C.H., South Carolina) 1871-1894, 1880-07-30
.sroxEgs SUITS FOR DAMAGES.


canon the 7th, the dockets being heavy on ac-
count of the great amount Of timc consumed
at the last term of court in the trial of the
Academy Of Music inccudiarics, four of
whom, under the respite Of the Governor
are to be hanged on the first Friday in Au
gust next. The most important cases that
have been tried during the term wore those
Of Edward +. Stokes against ex.Mayor
Mauldip for assault and battery, and The
same plaintiff against the City of Greenville
for false arrest and Imprisonment.
In the assault and battery case the plain.
tiff sued defendant for three hundred thous-
and dollars damages for striking him with
tho fist or open hand. The case was ably
managed on both sides, Gen. II II. Hemp.
hill, of Abbevillc, and Chas. M. Furmap,
Esq, OF Greenvillc, appearing for the plain.
tiff, and Mcssrs. Cothran and Earle for
the defendant. A verdict Of one hundred
dollars damages was rendered for the plain.
tiff, who at once gave notice of motion
for new trial, not being satisfied with the
verdict rendered. The case against the
City of Greenville was about rs follows
On the 18th day Of May, 1873, the plaint.
if, Edward b. Stokes, who was in tho habit
Of making prayers and speeches on the pub.
lie square in front of the courthouse, in
which he criticised and denounced the
sheriff. clerk of court and other officers, was
arrested by one of the regular police force
and taken to the guardhousc, where he was
tept over night and brought before the
mayor in tho morning, aud discharged
with the admoniton that his conduct
on tho public streets must cease Not
long afterwards MIR. Stokes brought suit
against the City of Grccnvilc for $780,.
600 damages for false arrest and imprison
mcnt. He claimed that he had violated
no law, that ho was only exercising the
Constitutional right of free speech, his
right to criticisc all public officers, that
he was an orator, n public speaker, a
lawyer and lay preacher of righteous
ness, and as such Inc claimed that the
Constitution Of tho State and of the
United States gave him the right to speak
whom aud where he pleased on all public
questions. IL his prayers, which were
offered in loud tones ON the puble suuare
and il the presence of assembled crowds,
hc bcsousht tho conversion of Siberia y. d.
Gilrcath, that he might be made to DO his
duty or be reno led from the office which
he titled, by death, if necessary, lii these
spccchcs and prayers various public officers
were strongl y uondumnod, including Presi-
dent Hayes aud Governor Hampton, whom
he predicted he would yet SEQ together in
the chaiu.gang. Every day for many days
his discourses, which were always preceded
by long prayer and generally by the read
ing of some portion of the Scriptures, began
at II o'clock. He would so through the
regular programme every day, no matter
how small an asscmblagc he had, or whether
he had any au iience at all. At first u vcry
few persons would assemble to hear him
through curiosity, but as his daily haran
cues became pretty thoroughly advertised
the crowd began to swell in numbers, and
soon he commanded the attention of large
concoursc Of people. At first no exceptions
were taken by any of the officers who were
subjects of his critical deuunciations, but
as the exhibition continued from day to day
the sheriff, whose Office was hard by and
who was more severely treated than the
Others, became very much annoyed. The
daily sccuc was denousccd as disgraccfulby
many persons, the mayor was applied to,
til, city council petitioned, threats Of vio-
lcrcc were several times made, and at last
Mr. Stokes was arrested.
The case was tried at the last regular
term Of Court, when after a patient trial
tho jury returned a verdict for the defend
ant-thc City Council. a motion for q
new trial was made, and it was obtained
The new trial was had at tho present term
with the same result, aud notice given Of a
second appeal In the trial just erIed
the plaintiff was represented by Gen. Hemp
hill aud G.. Nj. Furman, Esq, and the Coun-
ell by Mcssrs. Cothran, Earle and Anscl.
The case was well managed Oh both sides,
and the speeches were very brilliant. Gen.
IlcmphIl for the plaintig, preceded by
NIcssrs. Anscl aud Cotbran for the defence,
and Mr.. Furman for the plaintiff, closed
cloqucncc splendid effort. Nci.
thrc motion for new trial has yet been heard.
1t tn ,ught to be the intention Of the plain
tiff to carry the cases to the Supreme Court
Of the United states, it necessary, and there
to plead for the damages he demands.
The City Council based its defence upon
the ground that the daily proceedings of
the plaintiff had become nuisance, and
tended to disturb and lead to breach of
the peace; that in consequence Of the assem-
blcd Communistie crowds the public street
was blockadcd, much to the Inconvenience
Of the citizens that the arrest and impris.
onmeDt was not unlawful, and that in any
event, the city was not responsible to plant.
if for damages, the arrest having been made
by a policeman without the authority of
City Council, and the action of the police.
man in making said arrest not having been
ratified by the Cry Council. These eases
have excited much nuhlic interest and dur.