New-York tribune., 1886-02-26
A CURIOUS LIBEL SUIT.
THE EVENING POST BROUGHT TO BOOK.

DIR. BALLS SUCCESS IN hNNFOHN'-'T
FOR A BILL or PARTICULARS.
- -. ,,c, ,s,o,, Ar CORRESPONDENT OF THE TRiBUNE.l
RrrP.1o. Feb. 22.-The preliminary sklr-
rbnp in the llpel case of the Rev. Dr. George ID Dun
against The Netc York Ecenlg Post has resulteu ~
csye success for the plaintiff The coulPiain' " 49,.
action was based upon three articles puon'nou -
journal in August 1884, ,fOrthe obyons purpose VI
ing the force OF certain disclosures respec'ls ' ~
lie OF the candidate for the Presdency no
ortices charged among other things that the KeV D'
pon bo as held responsible for those disclOsueS"a'
not respectable that he was" an adVehturer i' -
represented himself to be Baptist mihlsVer' "n "
fact he was not; that he had been roVlnE anu nv
sponsble character, various things py 'uin' on.
nothing long,; that he compelled to leaVea o!
where he once resided owing to an Insult 'n" "o
oderod to Christian lady -" that he was
co,rupter OF elections; publisher Of disgusting peis
a miscreant" and a vampire Ihe pl"h'"' 40 H
counsel plead his case, is Clergyman tll oi years ~
bonors, an officer In various missionary socot'o' gu"
educational institutions OF the Baptist denomination
and widely known throughout the United StHtes as
christlan mini ,ter and teacher. lie is now ana TOT
twenty three years has been the pastor ot the largest
and most influential Baptist church In thH oiiy' uurs
all Of which time he received the highest place III the
confidence and respect Until the publication Oh tile
alleged bes no one questioned bis position as God
fearing Christian minister and gentleman nor MS rlSh'
IN the esteem OF his fellow but since that time ne
has been constantly pursued by calumny and apus SUP
ected almost every annoyance that the RESOURCES VI
the English language could supply, or the nance anu
spite OF the defendant could Invent has been wouheu III
his reputation as man and Christian, and crippled III
HIS usefulness az a teacher and minister He accord
pcy sued for libel the Journal which had been most con-
| spicuOGs IN attacking him.
The tactics OF the defendant very curious Ine
plaintiffs oompIsnt had been carefully drawn so rs to
secure vindIcaton of his reputation from personai as
saults without dragging the controversy the Pres
o. tIoI nftad
deliberately oxeu the scope OF the judicial inquiry so
IA 10 embrace the private scandals OF the PresdenaI
campalgn. Admitting the publication OF the ailese"
bels 1t charged by way Of justification ana III hs"
ton OF damages that the plalntli ana certain one
ev minded persons confederating together, wiokeuV
and malcousy caused to publ sod OF and concerning
Grover Cleveland divers false vile ana scahda'ous
stories and charges" that tue paintih was proIhhent
I'm inyenting publishing and circulating sucn VIC al"
scandaous stories and charges that the charges "eio
40 vile that they could he published IN the respect
able newspapers OF the country but were crcuI1teo V
tho announcement OF the plaintiff in disreputa0le sheets
and through the mails ncosed to ladies' and others
ana that the plaintiff solicited from various pohtca
parties and people and candidates for Office pecuhiary
subscrlptons and received divers sums OF money The
Justification set forth foI the charge that Dr. Ban hiu
been compelled to leave Owensyillc Ind, owing TO an
insult to Christian lady" is unique bit OF legal tera
! ture:
That on or about the 18th of May 1881 the said plain
]
OF indiana did there reach a sermon 10 the General
Bapt. Church that place. and that In the course OF
affecting. an estimable lady 10 Wit; Mrs James h"h
gomeIy 81, who was OF high social position III he d su
church and village did according To the custom 0Dtali-
Ing In said church devoutly e)Acuiase Palslh3 uou
That. such sermon proceeded the saH iaS u OK bn
eia manner, aud tnat thtIcupoh tiS
plaintin although accustomed himself 70 make sueh
sacnlaons under like crcumst inces, did cease IN the
vst of b discourse aud harshy aud roughly then aud
there publicly order said LADY 10 husn ul, ann
that sucn ejacuations disturbed HIM That thel eupon
the people OF said General Baptist Church ana VINO were
co-enbers with the said Mrs James M3htgSm1ty' gs srI
becnme and were indignant at the sald pldlntH, anu
many OF them expressed such Indignation 10 tho p'"'
TN.
Upon receipt of this answer the plaintiff made motion
at Special Term OF the Supreme Court fol bill OF par
tcuars his moving papers showing that the allegations
OF the answer concerning which lie desired the Iarticu-
lars were vague and general that he did not know
with what no sought to bc charged with theein anu
that he could not safely prepare for or go 10 ia unless
the particulars furnished He obtained the Oruer
Tbis order was sustained appeal to the General
Term Justice smitn writing the opinion and Justices
Barker and Bradley cOncurrine. An appear was tued
taken TO tie Court OF Appeals where le ainn I a.
that the supreme Court had power tAlnake tue orlsl
order; and that the ony lueson preehteu iIs m Ras
counsel held tnat he charged Ia the answer WIZ
being miscreant prhiser oi crnihal npSis, III , ~
be- that various chalg are true anu the
OF this justification can only he aas Oy ssIng o
con aimed ia the nbes For instance one OF he aiiesa
ye vile and soSndnlos stories and cnarges" This Is
not inc allegation - matter of mere evidence but tne
assertion In general aud indefinite lanIunge tuat ,le
nlann Is the author OF humorous Indecent Des "nch
allegations proved the uiil may either amount u
justification OF of the statements complained o.
or 20 far to mitigate the plaintiffs damages no has
reIt To know advance specifically what these stories
and charges are. -. a.. ,,,,,.. ., A.,
Ths appeal lust been dismissed by the Court OF
meals ara the order for the bl o particulars ahrSu
IN. n.ny FOR NOT complying with the order for Dl OF
nartoulns Is that defendant be pIecuded from g'ng
any evidence the trial This would lesVe 10 the lt
IN simply the proof OF his DANA, before Jury WIN
the allegations the plaut anitted AS me bOssO"
Hcr0d attacked Dr. Ball during the chllpaleh
has been forced TO make complete retractloh uh.er
pressure oi ho proceedings, his friends are LOOKING o
signal victory In when this case comes UP
for trial The long delay caused ny the deionda"Is uh
succe,siul appeals hig courts has mateflay lu
| v,.,h his. stIs