New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-10-09
THE BALL LIBEL SUIT
COMMISSION TO TAKE THE PRESIDENTS TEs-
TIMONY.

TIMONY.
Buffalo, Oct ga new and remarkable motion
was down for argument in the Supreme Court mere
to-day. 1t made by Attorney Ferguson on De-
half of the Rev. Dr. George r. Ball, the Raptlst clergy
man Of this city who brought, in 1894 a civil suit
against "The New-York Evening Post' for S2o,ooo
damages for libel. bill of particulars having been
furnished, Mr. Ferguson made a motion recently In
the Supreme Court for commission to examine Presi
dent Cleveland as witness in the case AS he is
not resident of the State he cannot be suopocnaed
directly This is the regular process for procuring
his testimony. Mr. Ferguson makes affidavit that
tho testimony OF the President Is necessary to the
paintif and other witnesses, also out OF the state,
are to be asked for. The counsel was not ready 10
argue the to-day, and the matter was postponed
till Thursday next. Mr.. Ferguson dsclaims any IN
tention of pushing the case before election Hc has
simply as a matter Of business advanced the case
whenever he could Dr. Eal he says, Is growing OLD,
and there is no safety in delay. Hence all effort has
been made to urge the forward without regard
to political considerations
The complaint in this action was based upon three
articles published in "The Evening POST and The
Nationn during August, 1884, for the obvious pur-
nose OF breaking the forcc Of certain disclosures re-
spectng the private life Of the Democratic candidate
for the Presidency. The articles charged among
other things that DR.. Ball. who held responsible
for those disclosures, not respectable that he was
an adventurcr'; that he represented himself 10 DO
a Baptist minister when In fact he was not that no
had been rowing and irresponsible character
various things by turn and nothing long; that ne
was compelled leave city where he once resided
l." owing 10 an insult that he offered to a Christian
Iadyo that he was a brfbe- e-taker, corrupter OF
elections; publisher of disgusting nbcs; q " mis-
creant, and vampire" DR.. BaPs complaint was
carefully drawn so as to secure Vinucauoh VI HIS
reputation from these assaults without dragging the
President into the controversy. The Evening fosp'
Of tha fttli iri m
oulry so as to embrace the private scandals OF the
presidential campaign Of 1884. Admitting the pub
rcaton OF the alleged libels 1t charged by way OF
Justification and mitigation OF damages that :" inc
plaintiff and certain other evilmnded persons con-
federatlnc together wickedly and maciously caused
TO be published Of and concerning Grover CleVeiahd
divers false vile scandalous stories and charges
that the plaintiff was prominent In nventng, PUBLISH
Ing and circulating such vile and scandalous stories
and charges that the charges were so vie that they
could not be published in the respectable newspapers
OF the country but circulated by the procure
ment of the plaintiff in disreputable sheets and through
the mails addressed to ladies and others and that
the plaintiff solicited and received pecuniary SUD-
scripons from various political parties and people
The justification the charge that Dr. BAH had IN
suited Christian lady and had been compelled to
leave a Western town alleged incident In
OwensvIc, Ind, he being represented as telling
woman who prayed too loud, and interrupted anu
disturbed him while preaching, to "hush up
Upon the receipt of this answer Dr. Bars counsei
applied for and obtained an order for bill OF psrtc u
lars Appeal taken TO the General Ierll, ana 10
the Court of Appeals, and the original order was
finally reaIlimed in February, 1856. The defendant
then sought to have Dr. Ball examined respecting
the ground Of action tho plea that his testimony
was essential to the preparation of IL OF particulars
Ths prosecution demurrcd this attempt to anticipate
tbe paintis testimony at the trial. but was forced
after appcal ng unsuccessfully TO the General Term
and the Court OF Appeals to furnish the witness witness
These preIimnaries having been settled last spring
the case was noticed for trial I'm October Meanwnle
a similar libel suit brought by Dr. BAH against me
Roston Ueraldp had been settled by a suitable re-
traction and the payment Of damages and COSTS