The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1884-04-04

GIESON'H LIBEL SUIT,
He Gets n JHdg ment, but Releases II. M
II GA He IN "Yinuicnted."

He Gets n JHdg ment, but Releases II. M
" He IL "vindicnted.'
A correspondent OF the Parkeraburg State
Journal gives the following account Of an in
tsresting trial: q lt y. s5
/ The libel suit Ct Eas.ace Gibson, the pra.-
cat member OF Congress- from the Fourth Dis
trict, aga INST U. N. Wells for $40, 0C0 damages,
WAS tried at Writ @. H. last Friday. The deca.
ration charged the defendant with publishing
In the Writ Coun'y Mentor on the h day OF
October, 1882, q libellous aud Bcandalous
communication from jackson county, in
which Gibson was represented rs having got
ten OF & steamboat At Middleport some time
in September, 1883, about noon; tina. he en-.
tered one saloon after another drinking at
walk without staggering and Keeling 10 and
fro on the sidewalk Gibgon wsa Represented
on the t'ial by attorneys Leonard aId Cald.
well and Uss!o and Hall, and the defaudan,
by attorneys Archer, Vandervort and Rogers
The defendant, Wells wss ab,eut on account
OF sickness in Instantly. His counsel insisted
on E c0ntinuac ce, but were not able 10 bring
themselves within the rule for one. The
Judge stated that he would. lot the case be
continued II they would ahow cause, or II the
other side would consent, but this, Gibson
fatty refused, 10 the defense was forced into
q trial without q witness, or the defendant
himself. being present Z. Witnesses for the
defense would have been present, had 1t
not hsen the understanding that Gibson
would not DO there sud 90 trial insis.bd Oh.
4 jury was drawn, consisting Of eight Demo
Gratis and four Republican,. ,l=,
Counsel for tEs de!cnso succeeded in e1-
GLIDING all evidence au to damage esospl.as
the publication affected Gibson In Writ and
Cabcll counties. When put upon tho ttand
Gibson swore that ibis mai 1rity in Writ
county waa very hatIering ene aud that he
ives only rs, the smsllest mn jority ever given
Tor anJ man for an ctfics In the county, CT.
cept the p.fssnt Sheriff. Az to Cabell county,
be swors ihst few of'hip neiasbors cams
10 him and wanted an explanation oil lhs ar
ticls that hGd hssn published In the Mentor
and that ss soon as lie told them !! was FALSE
thsy believed him. Thi, vas all the owl
dence offered Of any damugo he might have
sust4!nad by, the alleged libel. He did not
Geny the fact that 10 wss in tse habit o.
using intoxicating liquors. Int on the con-
traIy stated that Hiikn crest many other
men he, had been In the habit OF, drinking
too much, but be drank; because no had &
peculiar snalady that nothing but Scocktsil
and Tom and Jefrys wonid a'Ieyia:e."i 1t
was this particular charge Of dru nkcnness
that he ATTEMPTED to deny. The csse vas sub.
mitted 10 the jury houtargum. mi, and after
being oUt aboutan hour itrptprpau With q yer.
dict for Gibson for sS5il 10, which was arrived
at by each man retlipg down the amount lie
thought Gibson ought to have, sd!irg them
al together and dividing by twelve. Mr..
Gibson stated that be did not wish 10 make
any money from Mr.. Wells on. OF tho suit :;
that 81 be wanted was 'yindicat!on, and
considering hiniaej now as thoroughly vim.
Dictated, he would ,eleyss the i5;t 10 prov'd. ID
Mr.. Wells would inst step up Into court aud
pay his costs! This was maeoanimons. But
when NJ. vnn1eryort erose and stated that
Mr.. Gibson had IN, de the rama o[fse to the
counsel for the defense before tho TRIAL. u
induce the deferRs to 20 into trial In the alb.
sence Of the defendant 1t lost the greater
part Of its magnarinlity. 3 The fact that no,
a cent could be made OF Of @. IL Wells in
the county also probably helped 10 swell the
vindlcatoj Gibsons magnanimily. 81