Morning journal and courier., 1884-02-16
Saturday, February 16. 1884.
THE .:oAPR COP FOLKS" CASE.

Saturday, February 16, 1884,
THE .sCAPE COB FoLKs"- CASE.
The result of the suit brought by Lorenzt
| L. Nightingale against the publishers of ''Cap'
Cod Folks, the very successful story writer
| by Miss Sarah P. Mclean, a young lady
whose home is in one Of the towns in the
northern part of this State, is a little sur
prisiDg. In fact, it is a little surprising that
such a suit was brought at all.
When "Cspe God Folks" first appeared
some of the characters were given names
owned by people living whore the author had
been teaching and where she collected the
material for the story. Complaint was im-
mediatsly made by some of those who figured
in the book, and the publishers, as soon as
their attention was called to the use of real
for fictitious names, had the book over
hauled and new names inserted for the
originals. They contend that the first edi-
of the use of real names, and that they did
not know of this fact until their attention
was called to it. It is said that private set
Elements have been made with some
of those who felt aggrieved, but
the plaintiff in the case which came into
court would not be appeased. The plain
tif's name is Lorenzo L. Nightingale, and he
is thus introduced in the book: ''Teacher,
this is our champion fiddler, inventor, whale
fisher, cranberry picker and potato bugger.
The youth of the tuneful and birdlike name
being thus suddenly thrust forward, doffed
his broad sou'wester. took the hand held
out to him, and STOPPING down kissed me,
quite in simple and audible manner on the
cheek" This, to be sure, is not very fatter-
ing, but as he was given noble attributes by
the author it would seem that he ought not
was He testified that the publication of the
book caused him great deal of annoyance.
He had been pointed ont when on the cars
and at other places as the champion potato
buRger and fiddler, and had been called
''CradIebow." His own feelings and those
of his family had been hurt. He said all the
given in the book were
psak of lies He never made love to the
school teacher, was not in love with her and
didn't know whether she was with him or
not. The description of his kissing the
teacher he declared to be absolutely false.
For the defendant it was argued that the
plaintiff was not ridiculed even in the love
scenes, but such things were narrated of him
as made him hero in the eyes of every
reader. No immortality, crime, or anything
contemptible or mean, had been imputed to
him. If the plaintiff was made ridiculous by
the love- making, then the author must ap
pear equally so. It was denied that the
publisher had not used sufficient care in the
matter, or had published the alleged libel
with malicious intent. The burden of proof
rested with the plaintiff. Suppose the libel
be admitted, it was asked, wherein was he
injured? Because he was called a potato
marriage after he had brought suit? Had he
lost any work by it? There was nothing
satirical in the libel, at least, even though
some of the statements might be questioned
on the score of absolute accuracy.
The charge of the judge was very fair one.
The second count of the indictment alleges
that second edition of the book contained
the same false and malicious statements,
word for word and page for page, except
bow" was substituted. or the second count
his honor remarked that at the time of pub
Iication of the second edition, the defendants
had further knowledge, and this must be
taken into account, for changing the real
names to fictitious ones did not make the
book less ibellous, the real names hav-
ing once been published If the jury should
decide to award damages, such damages
should not be estimated as though all the
persons mentioned in the book were coming
in as plaintiffs. Damages are awarded as
not as punishment. Indigni-
~ and annoyance, no less than material in
juries, may be taken into account.
The jury were out about two hours and
returned with a verdict for the plaintiff on
the second count, awarding him damages of
81 ,095, which will probably amply compen-
safe him for what he has suffered. This
ends q remarkable case. It is case that
never ought to have arisen. It must be con-
fessed that the author of the book was not
very discreet in using real names, though it
is not at all probable that she had any mali
cious intent in doing so. It is also not at
all probable that the publishers had any
malicious intent in publishing the book, and
it is quite possible that they did not even
know that the names were real. But both
author and publisher will know better next
time. What the publishers have really lost
by the whole affair cannot be told. One
thing is certain, the use Of the names and
the fuss made about them has had a good
effect on the sale of the book.