The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1884-09-17
The PIumed Knight D0dging Be
hind Legal Stumps
10 Avoid Answering the Sentinel's In.
terrOgatOries-His Telegraphie
Haste in Starting the Suit
All Petered Ont,
And The Sentinel Has No Help From
Kim in Speeding the Trial-The
Same Old Mulligan Letter
Buster Photographed in
Blaine's Attorneys.

Sentineps motion for rule to compel James
G. Blaine to answer the interrogatories fled
as . part of the Sentinel's answer to Mr..
Blaine's complaint Of libel. The proceed
5ngs, which are here published, tell the story
of the Plumed Knights avoiding answers to
the interrogatories. The Sentinel was rep
resented by Judge David Turpie and Aquilla
JoRes Esq, while Senator Harrison, w. HI.
n. Miller and Sol. Claypool represented Mr..
Blaine. The following is report OF the pro-
Ceedings:
Mr.. Jones IF your Honor please, the ques-
tion presented is upon the motion hereso-
fore fled for rule against the plaintiff to
answer the interrogations, and if your
Honor desires to hear argument on that prop
osition, we are ready to argue the question.
E Judge Woods can hardly express my
self as having desire on the subject one
way or the other. I am willing you should
argue it
General Harrison-When these interroga-
tories were filed in the case the impression
made upon the minds of counsel for the
plaintiff was that they were scarcely filed
conformatory to the practices and usages
OF the Circuit of the United States. We be-
1ieVed, and still believe, that in the twelve
years or more of practice which has been had
under the statute Of United States, no such
order in any common law case has ever been
made by the Court. We understood this
practice to be so settled and so uni
form, and 70 have been so generally
conceded by a large circle that we
did not suppose that the counsel were
presenting these interrogatores supposIng
they were pursuing the legal methods of OBJ
zaiDing evidence. I may say so far as coun-
BEL for the plaintiff went, as far as their
opinion went, they were of this settled con-
Viction and are to day, that we were under
no more obligation in law to answer these
intefrogatories than we would have been if
they had been published in the columns of
the newspaper that published the ibel-not
a whit more. Under those circumstances I
think any honorable counsel would advise
his client TO decline to have this extra Judi
cisl method Of obtaining his statement
adopted. We we're then in hopes, if
your Honor please, that this case
might be brought to such an early hearing
that our client should have that opportunity
which he has coveted from the beginning to
appear in your courts and confront those
who have published this Gbelous statement
about him and ABOUT his family, and make
in their presence and in the pres ence of the
world full statement of his domestic life,
That he might give to the defendant here a
1all opportunity for the fullest cross examin-
ation. We were of the opinion, and so de-
cldedly, that if AZ early trial could be pro-
cured that was the right time, and the legal
occasion and method by which he should
give the people and these gentlemen his
statement We have concluded since from
the fact that We have been served with no.
lice 10 take depOsitiODs on the 22i of Sep
tember beginning two weeks after the 10
tice Va, served IN Kentucky. a days journey
1ror here, an confirm ing there until some
time in October, and being advised that in
divers other portions Of the United States
they propose taking dispositions, we
have about concluded that it
power 10 bring the case TO that early hearing
10 enable our client TO make his statement
in that legal and ordinary method which we
hTst advised. Now, in view of these facts
We are here today to say that ii rule is
asked at the hands Of this Court % answer
these interrogatCTies We shall con test IL
upon the authority; but while / say that,
also say that, OF our own voliticn, sld not
under compassion of anyruie of this Court,
We shall ct an early day as8er these in terroga-
tories and put our answers on file ID This Court.
i have thought the making Of this state
ment IN advance was proper az presenting a
contingency upon which counsel might
choose TO act. IL the motion to rule to
answer these interrogatories is insisted upon
We shall contest that and present the au-
fhorities to the Court.
, The Court Let me say 70 you, gentlemen,
before entering upon the discussion, how
feel about the matter in reference to IL as a
question OF practice in the Court, and incl
dentally give a suggestion as to the present
situation in this case, as / understand the
practice has been in the Court not to admit
these interrogatOries. Judge Turpie told me
some days ago that Judge Gresham refused
rule that iDterrOgatories offered by him we're
10 be answered in some case. Since I have
come upon the bench the matter hes several
times been mentioned, but no formal request
upon me for rule of this kind until within
the past week at Fort Wayne. 1t seems
under the circum stances somewhat improper
that should undertake to introduce a new
cially as Judge Drummond is practically off
the bench as Circuit Judge, and within few
weeks will be succeeded by another, and il
the question OF a new practice in this respect
js TO be mooted and passed upon it ought TO
be done in consultation with the incoming
Circuit Judge, whoever he may be. So far
as my own personal feeling is as to what the
rule ought 10 be. saying about what it is,
would be desrOus 10 find it possible to ad-
init OF the fling Of interrogatories in
this class Of cases. l would think
1T would be great cOnven-
fence ami save the trouble of taking
testimony But as l ruled at Fort Wayne
the other day, deciding it as much as l could
20 keep the question open, / refused to have
the inteTr0gatories answered, saying that |
wished 10 have the question open until the
-iDcOmlr Judge comes on the bench and
then consult with him, as be was my su-
peTior officer. That being so, and the plain
tiff here having announced by his attorney
that be will, within few days, answer
these inteTogatories. would not chat be- the
best disposition Of the case speaking of it
from my standpoint, and to allow the inter-
1ogatories to remain on file with the under
standing based upon General HarrIson's
statement that they will be answered in a
few days?
Judge Turpie-I did not understand
General Harrison made such q statement