The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-07-13

crty III the south.
The colonel is at present prominently
identified with the Gull 4 Ship Island
railway enterprise, with headquarters at
jackson, Miss.
Col. Hamilton was in Memphis Monday.
An ApPEAL man cordially received him.
The result was an interview on the railway
enterprise mentioned, which was pub
lished yesterday.
Col. Hamilton said not word about
having designs on The APPEAL.
Col. Hamilton, on the 9Th day Of May,
1887, fired upon and killed one Roderick
Dhu Gambrell. THE APPEAL made sun.
dry comments thereon, and because Of
these expressions, he now sues The ArrEAL
for $4,000 in the United States district
court for West Tennessee. His attorneys
are Harris Il Turner, and CAN'T & Pattcr-
son.
synopsis Of the bills contents is as
follows:
Jones :. Hamilton, citizen OF Missis-
sippi, VS.. Tng MEMPHIS ArPEAL company,
q corporation chartered by the laws OF
Tennessee, with situs in Shelby county.
First Count-Plaintiif sues the defend
an, for $4,000 damages for libel, and AYERS
that the defendant corporation owns, con-
trols, publishes and circulaies newspaper
called THE MEMPHIS APPEAL, and that the
said newspaper, being published before
and at time olcommitting the wrongs sued
for, to-wit, that prior TO during the Goth
day OF April, 1888, several thousand copies
OF said paper were published and circu-
lated.
On the 9TH day of May, 1887. plaintiff
became involved in deadly aiiray with
one Roderick Gambrell, in the city OF
jackson, Miss, which resulted in the in
Fiction Of very serious wounds upon plain
tlT, and in mortal wounds upon said
Gnmbrell, Of which he soon died. That
plaintiff was arrested, charged with muir
der OF said Gambrell, and indicted there
for.
Latcrhc was tried and acquitted for al
legged oiicnscs by u jury OF his peers in
Rowan county, state Of Mississippi. Great
excitement sprung up in the minds OF the
people OF Mississippi after the affair, and
plaintiff was arrested and thrown in iail
before his trial. That while langushing
in jail. great sufferer from his severe
wounds, and in great need OF sympathy
and good name in the opinion OF others,
or, ut least, suspension OF public opinion
until he could have trial, the defendant
wiliully, maliciously and falsely, from
week 10 week, in pursuance OF formed de-
sign and settled purpose 20 impair the
good name Of the plaintiff, aud 10 bring
him into disrcpute and contempt, and 10
make him the object Of public scorn aud
hate, did write, OF cause 10 bc written aud
publish series OF bitter, deiamatory,
denunciatory and vindictive articles,
paragraphs, squibs and reports OF proceed
lngs under sensational and misleading
headlines, impu,ing 10 plaintiff the most
shocking crimes the most depmvcd nature.
and the most dishonorable, atrocions and
disreptable conduct, through the medium
OF such paper with intent and purpose 10
have plaintiffs cause prcjudgpd. aud II
possible 10 make his conviction certain, or
whether convicted or acquitted, 20 work
his utter ruin. That the said papers we're
published and circulated, by the thousand
between the period Of plaintiffs arrest,
May &, 1887, aud his acquitial, April ~,
lSSS That said unjust reports extolled
said Gsmbnll ~ q martyr and denouncing
plaintiff rs utterly dcpnycd-'a muir
dercr,' IAN assassin, "a conspirator,"
''thc boss OF a gang OF corruptionists "
That said voluntary aud yindictivc work OF
defendant contributed in large degree 10
working up aud manufacturing public sen.
timcnt against him, bringing him into
odium, and making men regard him as a
moral monster.
That defendant in lis reckless malice
went 81 Tar ~ 10 advertise for contributions
from lis readers and patrons 10 fund, To
be called the Gambcll monument fund,
announcing from time 10 time, the aces
sions 10 said fund, In sensational para.
graphs, cxalting Gambrcll NJ n martyr aud
dcnouncing plaintiff rs utterly dcpraycd,
murderer an assassin, a Oonspiator, the
boss Of q gang Of couuptionists, and which
fund, when thus raised, Il formally turned
over 10 bc used for said purpose. That dc.
PENDANT fairly rcyclled and exalted in this
labor of mAlacc, etc.
Then followed clipped accounts Of the
famous killing from The shooting OF Gam
hrcll on the bridge, 90 lIamilton's acquittal
In the Jackson coun. Every headline
and editorial paragraph bearing ON the NJ.
lair OF concerning Hamilton that appeared
IN THK ArrEAL was represented In the col
lection Of clippings.
The alleged damaging publications par
tculary dwclt on was paragraph In
which the terms 'bailiNick," "swash.
bucklcf," member Of the pcnitonliary
ring" were used.
TnE ArrElL viii Of course be permitted
10 make answer. Tho suit viii amount
practically 10 a rc.inycstignlion OF the
Hamilton.t inmbrcll affair, and all the
causcs that led mp 10 II. This will nccos.
state a review OF tile convict lcas system
aud the rrlationsOf Hamilton thereto, aud
his conduct ~ lrsseo Of the pcnitcntiary
A. Gambrcll was the champion Of the
temperance causcof Mississippi aud was w..
we're IN his criticisms Of the Lowry admin.
isimtiun. oiwhich Hamilton was part all
thcsc factors entering into the tragedy and
affecting InE ArrE,Ls course the people
OF Mississippi may feel sure that by the
time the trial Is over they will b. Ia pos
session Of great deal Of exact information
about certain important matters which
thoy do not now have. Tho columns OF
TnE ArrgAL during the trial will have an
added interest 90 them, and ~ there IL no
telling what may happen In the meantime
u may not bc out Of place 10 remark that
now II the time 10 subscribe. A. great
moral engine, TnE ATRIAL believes In
doing IL work thoroughly, though the hair
and feathers may hy. II Nill have n thou.
sand and one questions tonsk. andthcy will
probably bo answered, Tor In the United
States court Justice IA very cold and i'm.
partial. Attention will probably h. called
90 the following from the DECLARATION Of
Rights IN the Constitution OF Tennessee.
80 ~ That the printing pfus.ss shall b. Inc 70
ever frr'ph IN gtainnu The prgcciings u The