The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-02-28
A CURIOUS LIBEL SUIT.


A CURIOUS LIBEL SUIT.
DIR. Balls Success in Enforcing His Demand
for Bill of Particulars.
Buffalo IN. ~ Special.
The preliminary skirmishing in the libel case
of the Rev. DIR. George H. Ball against the New
York Evening Post has resulted in a decisive
success for the plaintiff The complaint in this
action was based upon three articles published in
that journal in August 1884 for the obvious pur-
pose of breaking the force of certain disclosures
respecting the private life of the Democratic can
didate for the presidency. The articles charged
was held responsible for those disclosures, was
not respectable; that he was IAN adventurer;"
that he represented himself to be Baptist min
lister, when in fact he was not; that he had been
rowing and irresponsible character, various
things by turns and nothing long," that he was
compelled to leave a city where he once resided
owing to an insult that he offered ITO Chris
tian LADY," that he bribe-taker;, "a corrupt
er of elections: publisher of disgusting ibels;
| "miscreant," and vampire" The plaintiff,
ashis counsel pleaded his case, is clergyman full
of years and honors. an officer in various mission
airy societies and educational institutions OF the
| Baptist denomination, and widely known
! throughout the United States as a Christian min
| lister and teacher. He is now, and for twenty
| three years has been the pastor of the largest
and mort influential Baptist church in this city.
| during all Of which time he received the highest
| place ia their confidence and respect Until the
publication of the alleged libels no questioned
| his position as God-fearing Christian minister
and gentleman, nor his right to the esteem of his
felow-men; but since that time he has been con-
| stanty pursued by calumny and abuse, subjected
| to almost every annoyance that the resources OF
the English language could supply, or the malice
| and spite Of the defendant could invent; has
| been wounded in his reputation as a man and
Christian. and crippled in his usefulness as
| teacher and minister He accordingly sued for
| libel the journal which had been most conspicu-
Gus in attacking him.
The tactics of the defendant were very curl
| ous The plaintiffs complaint had been careful
| ly drawn so as to secure vindication of his
reputation from personal ass aults without drag
| ging into the controversy the President of the
| United States. The defendant, in its answer,
| deliberately extended the scope OF the judicial
inquiry so as to embrace the private scandals OF
| the presidential campaign Admitting the pub
LEGATION OF the alleged libels, it charges, by way
| of justification and in mitigation of damages,
| that 'the plaintiff and several other evil-minded
| persons, confederating together, wickedly and
| maciously caused to be published OF and con-
corning Grover Cleveland divers false, vile, and
scandalous stories and charges" that the plant
| iff was prominent in inventing publishing and
circulating ''such vile and scandalous stories and
charges" that the charges were SO vile chat they
| could not be published in the respectable news
papers of the country, but were circulated by
| the procurement of the plaintiff in disreputable
/ sheets, and through the mails Enclosed to ladies
and others and that the plaintiff solicited from
various political parties, and people, and candi
dates for Office pecuniary subscriptions. and re-
ceived divers sums of money. The justification
| set forth for the charge that Dr. Ball had been
compelled to leave Owensville, Ind, Sowing to
an insult to Christian lady," is unique bit OF
| legal itcrature
| ''That on or about the 18th of May, 1881, the
said plaintiff being then in the village of Owens
vile, in the State Of Indiana. did there preach a
| sermon in the General Baptist Church of that
place, and that in the course of such sermon,
and as the plaintiff became unctuous and affect
| ing nm estimable lady, to-wit: Mrs James Mont
gomery, ST., who was of high social position in
the said church and village, did according to the
custom obtaining in said church devOutly ejacu
| late, praising God. That, as such sermon pro-
ceeded the said lady did again calculate in the
same manner, and that thereupon the plaintiff
although accustomed himself to make such
| calculations under like circumstances did cease
| in the midst of his discourse and harshly and
| roughly then and there publicly order said lady
| to hush up claiming that such CALCULATIONS
| disturbed him. That thereupon the people of
said General Baptist Church and who were CO.
| members with the said Mrs. James Montgomery,
| ST., became and were indignant at the said
plaintiff, and many of them expressed such in
dignation to the plaintiff"
| Upon receipt of this answer the plaintiff made
| a motion at a special term of the Supreme Court
for bill Of particulars, his moving papers show
ing that the allegations of the answer concerning
! which he desired the particulars we're SO vague
! and general that he did not know with what he
| was sought to be charged with therein, and that
he could not safely prepare for nor 60 to trial
| unless the particulars were furnished. He OBJ
| tanned the order.
This order was sustained on appeal to the gen.
eral term. Justice Smith writing the opinion and
| Justices Barker and Bradley concurring. An ap-
| peal was taken to the Court of Appeals where
| the plaintiff argued that the Supreme Court had
power to make the original order, and that the
! only question presented for review was whether
| the court abused its discretion. DIR. Balls coun-
sci held that he was charged in the answer with
being miscreant, publisher Of criminal libels,
| an insulter of women etc. The Justification
should be- must be. that these various charges
are true, and the pleading of this justification
only be made by setting forth the specific facts
which show the truth of the imputations
contained in the libels. For instance, one of the
| allegations made by the answer, is that the
| plaintiff published ''false, vile and scandalous
stories and charges" This is not the allegation
| of a matter of mere evidence, but the assertion,
| in general and indefinite language, that the
| plaintiff is the author of numerous indecent Ii
bells, which allegations, if proved on the trial,
may either amount to justification of some of
| the statements complained Of or go far to miti-
gate the plaintiffs damages He has right to
know in advance specifically what these stories
| and charges are.
This appeal has just been dismissed by the
Court Of Appeals and the order for the bill of
particulars affirmed. The penalty for not COM
plying with the order for bill of particulars is
| that defendant be precluded from giving shy evi-
dence on the trial This would leave to the
plaintiff simply the proof of his damages before
a Jury, with all the allegations of the complaint
| admitted AS the Boston Herald which attacked
Dr. Ball during the campaign has been forced
to make complete retraction under pressure of
| libel proceedings, his friends are looking for
| signal victory in the courts when this case
| comes up for trial The long delay caused by
the defendants unsuccessful appeals to higher
courts has materially improved his chances of
success.
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