Morning journal and courier., 1884-04-11
The Suits of Postmaster sperry.

Motion Argued for :COntinuance of
 ths C&se-TO be Tried Next Tuesday.
 In the Superior court before Chief Justice Park yesterday morning there were long ar- guments between State Attorney Doolittle and c. s. Hamilton over the question of the libel suits brought by Postmaster ND Sperry against Edward Butler and Alexander Troup, of the Union, for articles recently pub~ lished in that paper.
 Mr. Hamilton addressing the court said: sThese cases come here from the City court, where an examination was waived in them, so that they come to this court as new cases, in which no evidence has been taken. Now, after an examination of the authorities, we are convinced that it is doubtless true that if the defense in these eases should go to trial upon their merits it would take two or three weeks for hearing. The evidence to be brought out will go into matters more of political nature than otherwise, and will involve the taking of large amount of testi- meny, because Re have right to show the truth, and why? The real question at issue will be as to how far a public newspaper can, in it's edi-
 
 department-go in criticising 8 public offi- ciaI This question is one that becomes 8 matter of importance to the public in gener- al. It ia therefore desirable on account of the public that these cases shall be tried OF their merits. The accused persons found not few of the lawyers in the city, save my self, were debarred from taking up these ca es on account of being mixed up political ly with the facts expected to be brought out I must try them. NoH I have been engaged in important cases in other courts to such an extent that I hay 6 not had time to examine into these cases as fully as they deserve, and if they are talk en up now it will be impossible for me to do them justice. can see no possible harm to MT. Sperry or the case of the State if they are allowed to go over to the next term of the court in July. The charge is for crimi- nal libel, and that alleged libel has already been printed in tangible form and is in evil dence. It cannot run away and there is no danger of witnesses going away"
 State Attorney Dcolittle in reply said he failed to see why the case should bs contin- ued. There was only one ease, not two as Mir. Hamilton had stated. In the lower court | there were two cases, but in this court they had been united in one. Again, Mir. Hamil- ton was in error in saying the case was one of libel. That was mistake. The accused
 were charged with publishing abusive matter; no libel was alleged. Mir. Doolittle thought 1t not possible that tho trial would exceed two days. The law was not complicated and Mir. Hamilton could look it up in an hour. MT. DooIittle said that the pub Iication complained Of did not involve political matters except that it said that the President of the United States should remove Mr. Sperry as postmaster. If the President did so he would be visited with a storm of indignation. No matter how much persons might differ from Mir. Spsrry politically, it 5.al .,Il S5ae kINakh hoh ho1 "a an excellent postmaster. There had been good ones before, but Mir. Sperry stood as high as any of his predecessors in the opinion Of the people of New Haven. Outside of this point Mir. Doolittle said he knew of no politics involved. He repeated that it would not take over two days to try the case. He read from the statutes of 1880, page 520, the law that he claimed had been violated.
 Judge Park said he saw no substantial ground for continuing the case unless 1t might be the length of time it would take to try it. If it would take two or three weeks he said he could not stey that length of time as there was great deal of Supreme court business to be attended to shortly. He thought that so far as want of time was con- csrned the accused had time enough to prepare for trial The only query that was in his honor's mind was that of time. If it was to take a week.
 MT. Hamilton interrupted co say that he believed on his professional honor the case would take two weeks.
 And I'll say on my professional honor," broke in Mir. Doolittle, ''that. I don't think the case will take two days; not even if the counsel reads all of David Copperfeld to the jury at that. We can sit evenings if nsces- sary to hear David Copperfeld read"
 Judge Park said that he thought he should have to deny the motion.
 Messrs. Doolittls and Hamilton then con suited, and it was agreed that the case would be called for trial next Tuesday morning. It is not improbable that counsel for the ac- cnsed will file demurrer, as was done in the City court.