The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-02-04
INDIANA AND ILLINOIS NEWS
Libel Suit Involving Points Never Be-
fore Presented in American Courts.
An Alleged Criminal Voluntarily Surrenders
to Evansville 0fficers-Killed by Fall
ing Tree-NOtes and Geanings.
INDIANA.

sued for Alleged Libel Contained in a Report
to q Secret Organization.
special to the Indianapolis journal
BLOOMINGTON, Feb. IA suit was to-day filed
in the Circuit Court of Monroe county that is
new in the law books and to the legal profession.
Abraham Donaldson brings action for Islander in
which he asks s.. 600 damages against Samuel
d. Noel, who, he alleges. prevented him from
becoming a member of the lodge of the Indepen-
dent Order of Odd-fellows by making false
charges against his character. The facts in the
case, as stated from both Sides seem to be that
Samuel Noel s member in good
standing in the Cecilia Lodge, No.
166 of the Independent Order Of
Odd-fellows. which is the Bloomington
Lodge. Abraham Donaldson made application
for membership and ballot was taken. There
was found to be objections to Mr.. Donaldson,
and under the rule the person who made the OBJ
lection was given time to file his reasons which
was done, probably at the next meeting. Moth
ing more was thought of the matter until it be-
come known that Mr.. Donaldson had been APP
prised of the exact nature of the charges. It
is thought that this could only be the work Of
some member within the order. as there seems
other way for the information to escape.
The complai Mt. stripped of its legal lore, is as
follows:
The plaintiff complains of defendant, and says
that on the - day of -. 1887. said plaintiff
presented his petition to Cecilia Lodge No. I66,
of the secret fraternity known the Independ-
ent Order of Odd-feilows, for membership in
said lodges; that en- the - day of -, 1887,
defendant knowing the premises, maliciously,
and intending to injure the reputation, and good
character. and name of plaintiff, wrote and pub
lished of and concerning said plaintiff. in writ
ten communication to the Cecilia Lodge,
No. 166, /. o. 0. F., and to and
for divers members thereof. the following
false, malicious defamatory and libelous words.
to- wit: That he (the plaintifl is dishonorable in
his dealings with men; that he 1.-THE Dlaintiff)
has been publicly denou need a rascal aud
liar; that be 1.-THE plaintiff has attempted de-
fraud the county out of money by changing the
specification on the county asylum after the
contract was let; that he 1.-THE plaintiff) has
threatened to DO personal violence to brother
of this lodge; that while he the plaintiff) stands
before the public open to these charges. the
lodge cannot afford to receive him to member
ship, whereby plaintiff was Injured in his repu-
tation to his damage Sc, 000 for which he de-
mands judgment
Prominent attorneys have been retained on
both sides, and before the case is ended it may
prove OF national Importance, it will decide
whether or not, in secret order. persons max
ing objections to members will be guilty Of
SANDER when they make specific charges before
the lodge. MIR. Noel will insist that the charges
in the complaint were not of public nature,
nor SO intended but were, in secret order,
made necessary a matter of defense in such
organization, and that had it not been for q
member members violating the rules and OBJ
legations of the lodge they would not have been
made public. Mr.. Donaldson will prosecute
under the Grubb's libel law. Both parties are
we'll known in Bloomington. MIR. Noel is of the
hardware firm of Seward & Noel. and BIr. Don
aldson is carpenter, and the pre- sent secretary
OF the Republican county central committee.