The Londonderry sifter. (South Londonderry, Vt.) 1883-19??, 1884-09-18
The Royce-Maloney Libel Suit.
From the Granite State journal.

MIX IIblIOH' W ldttNcI dueSts t1c
Judiciary of this state should be of in
terest to every citizen. If one of our
judges has been libellcd we should lend
aid Sin hunting the rascal down." If,
on the other hand, the charges are true,
we ought to know il, and see that the
state is not disgraced by allowing a
man of immoral character to occupy
the high position of chief justice of
our supreme court. Actuated by such
considerations, few days since, while
in St. Adams, visited the county
clerks Office and examined the files in
the Royce aloney libel suits. For the
benefit of your readers l give an ex-
tract:
On the 18th day of June, Judge
Royce brought two libel suits against
editor Maloney of the Gazette, de-
manding damages. in each, to the
amount of $4,000. They were based
upon articles in the Gazette, charging
the Judge with having frequented
houses reputed to be infamous at such
times and under such circumstances as
to leave no doubt of his lecherous pur-
pose and with having received
presents and favors from leading liti-
giants in court. Everything connected
with Maloney's Office was attached,
even to old files Of his paper. The
officer acting under Royce's instruc-
tons, as was informed, refused to
take a receiptor, and Mahoney could
only get the property by an action Of
replevin in which he was compelled to
file bond in double the value of the
property. Maloney was also arrested
and lodged in Jail, but bail and bond
were Immediately furnished.
On the 18th day Of July, Maloney
sent a communication to the Judge
asking that he sign stipulation which
accompanied his letter, providing that
the case should not be continued under
the rule, but that Judge Royce should
have Judge to try the case by jury
at the term to which it was made re-
turnable; allowing the defendant to
file plea on or before the 18th day of
August, relying upon the truth of the
articles published. On the last day
provided for the signing and filing of
the stipulation, Judge Royce filed it
with the clerk. On the 18th day of
August, Maloney filed his pleas, in ac-
cordance with the stipulation, averring
that the charges in the article published
were true, in substance and in fact,
and specifying visits by Judge Royce
to five or six houses avorred to be of
ill repute, giving location and dates;
also the meeting with lewd women on
unfrequented streets; and further in
regard to presents and favors; that he
had received passage and mileage in the
state and for extended tours west for
himself and family from various rail
road officials who were litigants; and a
gift of two cattle and other favors from
one Oscar Burton who had many cases
in court.
Both parties assigned the cause for
trial and thus matters stood until few
days after election, (Which may or may
not have been Significantly when Judge
Royce demurred to the pleas, which
prevents q trial by jury until the legal
questions are settled.
Maloney's counsel Immediately filed
a notice that as the stipulation provided
for trial upon the merits, upon just
such plea as was filed, they should in
sist upon the demurrer being with
drawn, unless the Judge would consent
that it be overruled pro lorna, with
exceptions, and if he failed to with
| draw it, or consent to such entry so
that the case could be tried at the COM
ing term by jury, they should treat the
filing of the demurrer as a revocation
upon Judge Royces part of the stipu-
lation. Court opened on Tuesday and
the demurrer had not been Withdrawn,
and no stipulation as to its disposition
had been made by the Judge, so the
case goes over by his act to be tried
upon its merits no one can tell whed
Il is to be regretted that this cause
conld not have been speedily tried by
jury in the county where both parties
reside and are well known. IL thC
charges are false the ordinary mind vii
. fail to comprehend any good reason
why it should not have been tried be
5 fore an election occurs in the legisla
ture this fall JUSTICE.