Savannah morning news. [volume] (Savannah) 1868-1887, 1884-02-17
AN ANGRY CAPE COD MAN.
The Remarkable Libel Suit at Ply
mouth, Mass.-LOrenzO Leonard Night
ingaIe's Claim for Damages Against
Miss SaIlie McLean's Publishers

The Remarkable Libel Suit at Ply
mouth, Mass.-LOrenzO Leonard Night
ingale's Claim for Damages Against
Miss Sallie McLean's Publishers.
The libel suit at Plymouth begun We'd
nesday against Alexander Williams, the
first publisher of ECape Cod Folks" who
is now succeeded by Cupples, Upham &
Co.. of the old corner book store in this city,
says a Boston special of Feb. Il, to the
New York Times, grows out of the publ
cation in the first edition Of the story of
real names of Cape Codders for the char
acters instead of fictitious ones. The
book was the first venture in authorship
Of MISS Sallie Mclean, of Connecticut, a
young woman who was teacher in that
part of Cape Cod in which the scenes Of her
story are laid. The advertising that the
threats of a suit gave it has given the
book a large sale, and succeeding stories
which have recently been brought to-
gether in a new volume have profted by
it. The publishers, as soon as their at
tention was called to the use of real Tor
fictitious names, had the book oyerhauled
and new names inserted for the originals.
They contend that the first edition was
exhausted before they were informed of
the use of real names, and that they did
not know of this fact until their attention
was called to it. There have been sew
eral attempts to compromise the matter.
The news of the opening of the trial
was a great surprise to the publishers.
The first intimatiOn Of the matters was
telegram at O'Clock Wednesday
night for the publishers to appear at
the continuation of the case at
Plymouth. They do not deny the libel,
but it is claimed that the plaintiffs char
acter has not been injured.
1t now appears for the first time that
the original title of the book was ''Ihe
Cedar Swamp Chair" which was changed
to 'ECape Cod Folks by the publishers.
1t is felt that this alteration of the title
to "Cape Cod Folks has caused much of
the popular feeling against the book on
the cape.
The hearing was continued Thursday.
There was a large attendance of specta-
| tors and great interest was shown in the
proceedings. The plaintiff, Lorenzo l..
/ Nightingale, who figures as one Of the
/ characters in the first edition of the story
under his real name, alleges that the
! statements made in regard to him are
4 false and libelous. He was the first wit
4 ness called at the hearing. He is
/ tall, well formed, and sinewy, with black,
curling hair, brOwnish mustache, and
/ dark, penetrating eyes. He testified that
I 1
where the scene of the story is laid, and
that several of the other characters who
were also mentioned by name, were his
relatives. He knew the author of the
book, and described her in his testimony.
| The whole book was then submitted as
evidence, the court having ruled that pOr-
lions merely could not be used. The
] Judge stated that he did not think the
fact that the book was a work of fiction
tfc,flff E.fr~n In Inxx of 1hQl Al
the parts of the book material to the case
were then read including the description
of Nightingale
Teacher, this is our champion fiddler, in
| Ventor, whale fisher, cranberry picker and
/ potato bugger. The youth of the tuneful and
/ bud-like name being thus suddenly thrust
! forward, dOfed his broad sOu'W ester, took the
/ hand held out to him, and STOPPING down
| kissed me, quite IN a simple and audible man
/ ner, on the cheek"
The witness denied that he had ever
kissed the author Of the book, but in an
swer to the query, Haven't you ever
kissed any girl?" he hesitatingly ad-
mitted, much to the amusement of the
audience, 81 might have" Nightingale
denied that he had made love to Miss Nc
Lean, as described in the book, and de-
clared the following passage to be abs0-
, lutely untrue:
Teacher" he said, 81 should like to kiss
you just once tonight, and mean it."
! ''Thats q remarkable request" / said, 'tO
come from my oldest pupil, but it is my privi-
lege to bestow it just once. If you win bend
| down from your commanding height and put
yourself in an humble and submissive attitude
before me-" The nightingale knelt on the
| door step. 1 would have stopped to his fore
I head, but he put up his arm with an extreme
/ " bOylsh inOffensive gesture, almost with
sob, thought, to draw me closer. | would
! have had that kiss as passiOnless as though it
had been given to a child. The cradle bows
! breath was pure upon my cheek, but L was
/ compelled to feel the answering flame creep
/ slowly in my own blood"
Never ask me to do that again. | eXclaim-
ed, IN righteous exculpatiOn Of the act, never.
The plaintiff was questioned as to the
| truth of the episodes in the book concern
ing other persons, but objection was made
and sustained by the court. Nightingale
testified that the publication of the book
caused him a great deal of annoyance.
He had been pointed out when on the cars
and at other places as the champion
/ pOtato-bugger and fiddler, and has been
called "CradlebOw" His own feelings
i and those of his family had been hurt
/ He said all the representations given in
! the book were a pack 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 plaintiff
! here closed his case.
The Hon. J. G. Davis opened the case
LOT Cne ueIenSe, claiming tnaG there was
/ no malice, and therefore no libel. The
/ publishers were ignorant of the names
/ beng those of real parties, and that as for
| plaintiff he was made a hero and endowed
| with all the noble and heroic characters
/ tics. j. G. Cupples, of the former firm of
| A. Williams Il Co., now of Cupples, Up
ham Il Co., the present publishers of the
| firm, was put on the stand, and testified
to being Ignorant of the names. being
those of living persons, and to causing
them to be altered as soon as it was dis
/ covered. Ii. NJ. Upham, T.. l.. Daniel and
Alexander Williams also testified in
similar way.