Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1884-04-24


the night Of the interview. Mr.. Benton took
this course to save time.
Postmaster N. D. Sperry was the next wit
ness. He said he had not the slightest
knowledge that Judge Birdsail was about to
go on such an errand to Governor Waller as
be did on the day of the eieetment. He
| (the witness) was in Hartford that day, and
| during the entire afternoon was in converse
ton with Speaker 81. B. Harrison ct the
| Allyn House In reference to the Palladium's
| faVoring the retention of the Bible in the
| local public schools the witness said: ssWhen
| found that Mr. Butler, who was then edi-
| tor, was opposed to its retention, / consulted
with the other directors and then told Mr..
Butler that the paper desired to have him
| favor retention"
ssOn the morning of the death of the late
| Major III. A. Osborn, Mr.. Sperry went on,
| ttMr. Butler came to me and said, That beast
Osborn is dead, and something has got to GO
| in the paper about him. He wanted me to
| write something about it, and he insisted
| that it should go into the paper over my own
signature, as he was not friendly to Major
Osborn. wrote the article. as requested.
Before Major Osborn's death Mr. Butler
wrote an article assGiling him, and said he
was going to publish it. objected to its
publication. shoHld prefer not to state its
tenor exactly, though it was an abusive aFti-
cle.' He said Major Osborn had abused both
him and me, and that it ought to 60 in. If
it didn't go in I ought to be abused. I saw
the directors, and later in the day saw Mr.
Butler and told him the directors wouldn't
allow it to go in"
Here the State rested, and Mr.. Hamilton
conducted the cross-exRnination-
II saw Mr.. Birdsall," said the witness,
con the day of the ejectment, ON the Hart
ford bound train near Newington. At Hart
ford I went to the Evening Posts office,
thence to MerrilPs TO dinner, thence to the
Hartford Telegram, and later to the compos-
ing rooms of that paper several blocks away.
From there 1 went to the Allyn House, and
later to the depot. I arrived in New Haven
shortly after o'clock and went directly to
the postofice. As it was too late for supper,
I went over to Traegers and got my tea. !"
The examination then drifted off to the
Palladium's course on the Bible matter.
Mr.. Hamilton asked the witness to fix this
date. Mr.. Sperry could not.
did you ever direct Mr.. Butler to write
an article exposing your brothers., l.. w.
Sperry, financial operations in Hartford in
order to shut off the Registers abuse? r.
Never, sir; never did anything of the
kind"
"Do you recollect writing two editorial
articles against MIR. Troup, and Mr.. Buffers
objecting to them?''
Objected to- The witness was then OK
cused.
William Parsons was next called, but was
not present, and the State here rested its
case.
At this iuncture the court said: 'sThe
question is still before the court whether tAe
definition of Uriah Heep, as given in Web
ster's dictionary, is admissible in this case
suppose the opinion of learned men upon a
thing of this nature is admissible. But the
dictionary does not show how its definition
was obtained; and hence am inclined on the
whole to think the definition is not admissi-
BILE. 1 think the evidence of literary men
would be- The State has an opportunity to
put on such witnesses il they wish"
81 think, your honor, We have covered tina
matter by putting the book David Copper
field in the hands of the jury" replied Mr..
Doolittle.
Alexander Troup was called in sur-rebuttal
He said that Mr.. Sperry had talked with him
upon matters other than postal.
Mr.. Butler was called in answer to MIR.
Sperry's testimony that Mr.. Butler used the
word beast in conversation with him. MIR.
Butler denied it.
ION enc OCCASION" said Mr.. Butler, ga
paragraph appeared in the Palladium upon
the Register family written by myself. Mr.:
Sperry objected to it in strong language.
There was very violent scene on Mr.. Spsr
| RVS part"
At this point the defense rested and the
| arguments were at once preceded with. MIR.
| BIydenburgh opened for the State He said
gives every person the right of free speech.
| It does, but it also holds them personally re-
| sponsible for what they say. ''In this case it
is charged that the abuse and indecsncy
comes from the New Haven Union. Now il
Is SO, as regards the law of libel in this State,
that if the paper fails to prove the truth OF
| its statement it is held responsible for It.
| The defense claim that their statements
/ are true and just, and that these
| articles we're published in the ordinary
course of political controversy. The arti-
cles themselves furnish some indication Of
| the intent with which they we're written.
1 The Union commented upon the Waller
| Birdsall affair, while the Palladium only re.
| ported it. The term Sperry organ used BY
| the Union was intended as q slur to indicate
| that the Palladium was Mr.. Sperry's mouth
piece. Slippery Nehemiah What need OF
| that, gentlemen, for honest comment The
Union further goes on to talk of mud ma
chine 'Urish Heep,' etc. Mr. Benton has
told you that he compiled the Birdsall in
| terview himself. What occasion then
| for this violence of attack on the
part of the Union? Then We go on to
Editor Buffers article in which there IL
| talk that Postmaster Sperry ought to be
caShiered, and all that sort of thing. The
| gentlemen don't come here and apologize,
but they come here and do that which by not
| proving the truth of their frs! charges only
| aggravates their case.
.'tJust put yourself in his place, gentle
| men," said Judge Blydenburgh, in speaking
of Mr.. Sperry, as he sat down, ''and con-
| slider the abuse from that standpoint"
At 2:15 Mr.. Hamilton commenced his ar
gument for the defense.
Mr.. Hamilton read number of authorities
to show that the jury were not only to de-
| eide upon facts, bat to pass upon the law in
the case. He said that the defense did not
desire to Svade any responsibility with refer
IN hA Wig ocnin
claimed that Mr.. Sperry's conduct was such
in connection with the Birdsall matter as to
remind one of UriAh Heep and the compari-
son was perfectly proper.
The attorney read and commented upon
quite a number of cases having bearing
upon the one at bar. The circumstances
that led to the attack by Gniteau On Presi-
dent Garfield were similar to those that led
Mr.. Sperry to assault Governor Waller.
Mr.. Sperry stepped out of his postofice to
mix into this Birdsall matter and his con-
duct deserves the severe rsbuke il re-
csived ia The UniSn. The publication
of Walters letters was a dastardly piece
of business and the Palladium was the
only paper that would engage in it
in the State. And yet the manager of that
paper comes here and asks that Mr.. Troup be
sent to Jail for year. Well, perhaps, in
view of the fact that Mr.. Troup is a lively
politician it would be we'll for Mr.. Sperry to
get MIA out OF the way during Lne coming
campaign. It wouldn't be bad scheme.
Finally, Mr.. Hamilton devoted himself to
discussing at length the question whether it
was proper to compare Mr.. Sperry to Uriah
Heep. He held that the comparison was
fully justified.
The closing argument was commenced by
Mr. Doolittle after Mr.. Hamilton concluded,
which was about o'clock. The State attor~
ney went over the ground taken by Mr..
Hamilton and quoted authorities at consider
able length regarding the law governing
criminal libel and claiming as he proceed
that the accused plainly cane under. the
statutes of this State in the statements made
against Mr.. Sperry. At 5:O5 p. m.-Mr. Doc
little had not concluded his argument, and