The Pickens sentinel. [volume] (Pickens, S.C.) 1871-1903, 1885-01-29
"DAUFaIN's LIBEL suIr.
why mr. Mcclure Was Arrested I'm New
orieana'' Failure OF the Lottery MAN to
Get n standing In the Courts Hero.


Why mr.. Mcclure Was ARRESTED In New
orleans.. Failure OF the Lottery Man to
Get" standing In the Courts Hero.
From the Phitadelphia Times.
Mr.. Mcclure, editor of the Times.
arrived at Now Orleans on Saturday
evening, Before the train reached the
station United States marshal enter
ca the car and served writ upon Mr..
Mcclure, issued at tho suit of Maxi
milan A. Dauphin, who demands the
sum OF SlO0,O00,, with interest and
costs IN atonement for alleged injury
donc by the editor of the Times to
Dauphin's Louisiana Lottery business.
lt is q civil action in the United States
Circuit Court against Mr.. Mcclure in
diVidually, and is substantially the
same action brought against the Times
publishing Company year ago. That
was dismissed by, Judges McKennan
ana Butler because there could be no
acuohaDie injury to q lawless business.
The libel originally complained of
was an account of the operations Of the
Louisiana State Lottery Company,
published In the Times of July &c.
1888. In the declaration of tho case
Macmillan A. Dauyhin, who describ-
cd himself in his legal complaint as "a
citizen of the Republic Of France" and
"good, true, honest, inst and faithful
subject of the United States of Ameri-
ca" who had been deprived by the
Times of "daily and hopestly acauir-
ing great gains and profits" asked that
$4,000 be awarded him as cOmpensa-
ton for his losses.
After repeated efforts for delay on
the part of the counsel Of the injured
Maximilian the case was forced to
argument before Judges McKennan
and Butler, Of the United States Court,
on April 80, 1884. Counsel for the
ItncS argued that no Court would
lend It's aid to man who founded his
cause OF action upon an immoral or an
illegal act and who was "sccking to
spread his pcstiential business i'm this
and III other States of the Union. i'm
open and confessed contempt of the
laws which he defics."
III Is not necessary to hear anything
more from the counsel for the defend.
ant" said Judge McKcnnan, in sus-
tanning the demurrer oils (the
plaintitf's) business here is not entitled
TO any protection whatever. 1t is not
only unlawful, but it is worse. 1t is
an infamous crime. Is it possible that
business stigmatizcd by the law of
pennsylvania cannot be so charactcr-
lied here by the editor Of newspaper
or any other citizen, Notwithstanding
the fact that the business NAV be law
full in Louisiana? Is it possible that
the citizens Of Pennsylvania may not
express their approval of the laws of
Pennsy lvania? 1t seems extrnordinn-
ry, after Congress has said that man
who conducts such business rs the
one now in question ought to 20 to the
pcnitentiary, that citizen dare not
express his opinion or approval of n
law on the books. We will say that o.
man is not amena6lc to the laws of
Pennsylvania for charactcrizing this
business as o robbery"
Editorially the Times remarked tho
next day, IN referring to the case:
"Max Dauphin, tho defeated plaintiff
in the 100000 libel suit against the
Times, has Jared we'll by escaping with
the costs and trouble Of his suit. The
laws of Pennsylvania, as well rs the
laws of the United States, declare him
and his business to be lawless, and the
Judgment Of the Pennsylvania law
would not onl y fine him, but also
dress him III prison garb and put him
cSiilhA piiSOi loE pursuing the
calling that he asks the Times to paw
for mcasurably destroying. There was
eminent fitness in his selection of this
journal as the one that has most i'm
paired his lawless profits. and there
was eminent fitness in the Times send
ing Max to join the more than a score
OF public thieves and swindlcrs Of vari-
ous grades, who have honorcd it by
uniformly unsuccessful libel suits and
prosecutions. We promise Max, how
ever, that if he will only oblige us by n
friendly visit to Philadelphia he shall
have free food and raiment for an in
definite period at Moyamcnsing in
compensation for his failure to recover
his coveted 100000 from the publish
crs of this paper. He may not regard
the proffered hospitality as of the most
inviting sort, but it is the best the law
will allow undor the circumstances,
and the Times is always for law and
for its impartial enforcement, and for
the swiftest and justest punishment of
every shade of lawless swindlcrs. Call
soon, Maxi"