Savannah morning news. [volume] (Savannah) 1868-1887, 1884-12-07
A PRIVILEGED COMMUNICA-
TTON
The Trouble 1t Has Caused in a South
Carolina City


Carolina City.
COLUMBIA, S. c., Dec. 3.-The most re-
markable trial recently held on the civil
side of the courts in this State was con-
cluded on Sunday. Mrs. W. B. Mcdaniel,
the soprano singer in the Baptist Church
choir in this city, and Mr.. W. II. Hunt,
the organist, met IN the choir gallery
about midday in last May. While the lat
ter was in the gallery repairing the organ
the former, while passing by, saw the
gate off its hinges, and went in to get a
sheet OF music. During this time three
ladies and gentleman went to the church
to put some curtains in place. and discoY-
ering the above circumstances reported
them to Mr.. III. 4. Bruce, at whose house
the church keys were kept, and he in turn
reported them to the pastor, the Rev. " =.
c. Lindsay. An investigation of these
circumstances called forth other remarks
by Mr.. Albert E. Fugle, who accompanied
the ladies upon the curtain expedition,
and thereupOn w. b. Mcdaniel and wife
entered suit against Fl. E. Bruce and AL
bert E. Fugle, in separate complaints,
charging them with malicious utterances,
by which they imputed to Mrs. Mcdaniel
improper conduct. The damages to char
acter were laid at $4,000 in each case.
The suits were town talk, and the soprano
singer was removed from the choir by the
disbanding of the choir. The trial began
on Tuesday, Nov. Is, and the examination
of witnesses was continued until Friday
morning last, and the arguments and
charge of the Judge consumed the other
two of the ten days. The jury retired at
APO D. m. on Saturday, and came into
court on Sunday at $3.50 a. m. with ver-
dict for II. Z. Bruce, defendant (the first
case tried), on the ground that his report,
as custodian of the church keys, was
made to the pastor under circumstances
which made it privileged cOmmunica-
ton. The plaintiffs attorney claimed
that the utterances were malicious; that
they were uttered to defame plaintiffs
character, and insisted on a verdict ac-
cordingly. The defense claimed that the
utterances were not malicious; that they
were made as a privileged cOmmunica-
tiol, and put in testimony as to the repu-
tatiOn of the plaintiff in mitigation Of dam
ages.
The defendants attorneys and the male
members of the plaintiffs family, it is al
legged, appeared in court daily, armed,
and the Sheriff, who feared a tragedy in
the court room, kept a sharp watch on all
parties. The jury was very much divided
throughout Saturday night, a portion
standing by clear verdict for the defen-
dant and others by a verdict for the plain
tiff, with nominal damages. AS a COM
promise the verdict given was agreed
upon.
After the announcement of the verdict
and the adjournment of court W. B. Nc
Daniel, husband of the plaintiff, ap-
preached William Fl. Lyles, Esq, of
counsel for the defendant, and, pointing
to the testimony Of Mr.. Lyles, wherein he
had declared that Mrs. Mcdaniel had ad-
United to him that she acted imprudently.
Mr.. Mcdaniel demanded that Mr.. Lyles
retract his testimony, which was fatty
refused. Mr.. Mcdaniel then lost all con-
troll of himself, and used insulting lam
guage, but fortunately the Sheriff sprang
forward at the first movement and placed
him under arrest, else one or more per-
sons might have been killed in the court
room. MIR. Lyles was prepared for such
an emergency, and would have shot his
assailant had it been necessary. Mr..
Lyles is one Of the deacOnS who held an
investigation in the Baptist Church in
reference to Mrs. McDaniels and Mr..
HUNT. MIR. Mcdaniel has almost lost
his reason through the severe ordeal
which ne has undergone. The Sheriff re-
leased him from custody on Sunday night
on promise of peace bond Monday morn
ing, which was given. The end of the
Islander suit has been reached in legal
aspect, but may be revived On the street
when least expected. A remarkable fact
is that the plaintiffs and defendant, to-
gether with their counsel, are ali satisfied
with the verdict of the jury.