Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1885-10-31
CASE OF CRIMINAL LIBEL.
A WRONG

6n1L vi AltlmIlNAA A10Ek.
A WRONG RIGHTED.
-
David Barr, alias Joseph A. Hamil.
ton, gets his deserts. On Monday q
novel criminal case of Importance to
the public at large was tried in ouI
Circuit Court. The facts of the case
are as follows ; as detailed by the
witnesses: Some time in June, 1884,
the family of VIM. Rogers, consist
ing ofMr. Rogers, his wife and daugh-
ter, Miss Laura Rogers, a young lady
of estimable character, resided oppo-
site the G. V. Depot in Martinsburg.
Miss Laura had about the first ofJune
gone to Pennsylvania on a visit and
did not return until the 4th day OF
July following. During her absence,
her mother, Mrs. Rogers, while stand
ing at the gate of her home convers-
ing with a lady neighbor, observed
for the first time a man whom she
did not then know walking to and
fro on the depot with a paper in his
hand and closely cycling her, which
SO annoyed her that she went into the
house to avoid him. A few days af-
forwards, in passing through her
daughters bed room, she discovered
an open and anonymous letter written
to her daughter containing the most
indecent charges and suggestions, and
relating the fact that the writer had
seen her at the gate with the neighbor
lady, evidently mistaking the mother
for the daughter, and describing his
own conduct at the depot. This letter
was dated June the 11th, and on the
18th, another letter was received
through the mail post-marked Mar
tiusburg, containing similar filthy
and obscene suggestions, and signed
Joseph A. Hamilton. After this, this
same mysterious parsonage, who
walked back and forth on the depot,
was seen providing after night
at different times mysteriously
around Mr.. Rogers residence, and
watching the window of his daugh-
ter's room and on the 23d of June,
another letters was received through
the mails directed to Miss Laura.
The father and mother opened and
read all of these letters. Then at
once MI. Rogers set about to detect
and bring to justice the fiend who
sought to destroy the good name OF
his daughter and bring shame and dis
grace upon his family, and applied to
chief of police, Charles O'Neal, who at
once called on Charlie Young, corpora
ton clerk, and dictated a letter which
Young wrote in a lady's hand, direct
ed to Joseph A. Hamilton, signing
Miss Laura Rogers name to the letter,
which denied the statements made
in the letter written to her and said
she did notknow him and did not wish
to know him. This letter officer
O'Neal carried to the Post Office and
directed VIM. Hill, the clerk, to watch
and see whe called for it ; he also adj
vised him that one David Barr would
call for it. The sequel shows he was
right, for in a few days the myster-
ious stranger called at the Post Office
and inquired of VIM. Hill if there
was any mail for David Barr or JOS
eph A. Hamilton, when Mr.. Hill
gave him the letter to Hamilton,
which he took and never returned.
Mr.. Hill swore that there was no 9TH
er person who called for Joseph A.
Hamilton at their office. After re-
ceiving the letter, Barr ceased writing
but continued to clandestinely prowl
about the house of Mr.. Rogers, and
on one occasion when Mr.. Rogers
called for his revolver and threatened
to shoot, he ran to get away. He kept
up this annoyance to the family until
about the first of November, 1884. In
October of that year, he fell into the
company Of Ed. Flynn and Ben. Lane,
and wantedthem to assist him in his
nefarious scheme and told them of the
fact that he had written three letters,
put n in the window and two in the
Post Office, and received one answer.
Lanesucceeded in getting him to write
for him by a little strategy and Barr
wrote the words Hamilton Steuart
on a piece of paper. When the last
four letters and the word on the paper
were compared, they gave the defen-
dant away +; they were identical. The
defendant undertook to prove the
hand writing in the letter was MOTHS,
but failed. After Officer O'Neal
thought his chain complete, Mr.. Rog-
ers laid the matter before P. A. Rohr-
baugh, Esq, who was then prosecu-
matter before the grand jury, and
framed an Indictment for criminal
libel, perhaps the first and it is to be
hoped the last that will ever be tried
in this county. His successor, Mr..
WIS Henshaw, kept his eye on the
matter and when he was indicted in
to the Office had Barr arrested and
the a coming on for trial at this
term while a Grand Jury was in ses-
sion, he being very busy before the
Grand Jury, asked Mr.. Rohrbaugh
who knew the case and Mr.. Alex.
Hughes to prosecute for the State
which they did out of courtesy
to VIM. Henshaw. Mrs.. w. Walker
defended the prisoner. The jury
were out for a few moments, when
they returned a verdict of guilty and
the Court passed judgment OF
one year in the county Jail and $500
fine. The Court stated from the bench
that the offence proven was of the
most heinous character of any that
had been tried at the bar of his Court,
that of attempt to malign and de.
stroy the virtue and peace of a happy
home, and deserved the severest pun
ishment, but being a common law of
fence, the Court was circumscribed by
the limits of the common law.
1t has been generally supposed that
such offenses were not punishable as
criminal o~ffenses, and would only be
corrected by a civil suit for damag.
es. This should be a warning to those
people who traduce and malign the
characters of their neighbors.
A. w. Philhower, Esq, Boonsboro,
Nd. says he used Powell's Prepared
Chemicals alongside of several other pop.
ular brands of fertilizers. and his wheat
was equally good where the chemicals
was used the latter costing about one
third as much as the others shows the
difference strongly in its favor. Write