The morning news. [volume] (Savannah, Ga.) 1887-1900, 1888-03-01
NOT GUILTY OF LIBEL.
THE JURYS VERDICT IN THE DE-
LEOE-WEST CASE.

/ LEOp-W EoI CASG.
The Author of the Alleged Libellous
! Circular Acquitted-Mr. DeLeon and
| Mr.. West Both State Their Case in
! Court-The Grounds for the Circular
The Judges Charge to the Jury
The Verdict.
| All Of yesterday was taken up in the City
| Court with the trial of Perry NJ. DeLeon
| for libel The jury came in at 7:10 o'clock
last night with a verdict of mot guilty"
Last June Mr.. DeLeon's baggage was at
| tached just as he was leaving the city for
Atlanta on an old debt o. 81 900 due Hell
Ter, Hirsch & Co., and his trunks were
seized by Deputy United States Marshal
Lamar at the instance of Charles n. West,
Esq, who was Heller, Hirsch & Co.'S coun-
sell
The indignity of the seizure and the
search of the trunks so worked upon Mr..
DeLeons feelings that heentered into a cor
respondence with the attorney, which, as it
became personal, Mr.. West refused TO pay
any further attention to. Mr. DeLeon
claimed at the time that West had
patered with him in a double sense.
While the latter denied that he
had ordered DeLeon's trunks to be
searched, he had instructed the officer who
made the levy to make the search, and
although the latter hestated in the per-
Torrance of such a delicate duty when
assured that the trunks contained only
wearing apparel, the attorney was unwilling
either to abandon the search or that the
Marshal should delegate it to subordinate
officers. When Mr.. Mackall, who was De-
apO'S friapd and NJ fo
to demonstrate with him about the seizure
and the proposed search, and offered to give
his check TO cover the contents and let Mr.
West see what the trunk contained, the
latter declined to do so, and referred the
matter to the Marshal.
THE OBJECTIONABLE CIRCULAR.
Upon Mr.. DeLeon's return to Savannah
he wrote very scathing and denunciatory
review of Mr.. w est's connection with the
affair, branding him as "a liar, a hypocrlte
and disgrace to his profession He had
the matter printed in circular form, and
mailed about 200 copies to members of the
bar and prominent citizens One of the
circulars was received by Judge Harden,
who turned the document over to Solicitor
General duBignon and it was brought to
the attention of the grand jury. On July
81 last DeLeon was indicted for criminal
libel.
The trial yesterday was not devoid of in
terest, and the court room was well filed
with spectators.
NJ. S. Byck was first called by the
State. He testified to printing the circulars
for Mr.. DeLeon, and fixed the number at
about 200
j. L. Whatley's evidence was that he had
received one Of the circulars through the
mail, addressed to him, and the circular
with the enclosing envelope and address was
offered in evidence.
Lawrence Hartshorne, for two years a
clerk for Mr.. DeLeon, identified the hand
writing of the address as that of Mr. De-
Leon.
The State rested after this evidence, there
having been up to this time no cross
examination of the witnesses for the State.
DE Icons STATEMENT.
w. G. Charlton, Esq, counsel for the de-
PENDANT, stated that his client would make
a statement to the jury.
Mr.. DeLeon then took the stand. He
said at the outset that he had not antici-
pated that the matter would ever be brought
into the courts in a libel suit. He had
thought t was matter solely between him
self and Charles N West He felt ag-
grieved at the indignity put upon him by
West, which had placed him in humili-
ating and notifying position He was
about to get into the bus at his hotel to
leave the city on a business trip, when his
trunks were seized and a search was in
sisted upon, although his friend and coun-
sell Mr.. Mackall, volunteered to give his in-
dividual check to cover the contents.
Mr.. DeLeon detailed at length his bust
ness career in Savannah. In 1866 he was
discount clerk in the Central Railroad
Bank. In 1867 and 1868 he was in the cot
ton business with johnson & DeIeOn. In
1870 he was in the fertilizer business in the
firm of DeLeon & Hardwick. From 1874
to 1878 he was partner of d. II. Baldwin
q Co. in the same business. From 1879 to
1881 he was in the fertilizer business on his
own account in New York and Savannah.
In December, 1881, he lost $4,000 in one
night, causing his failure for 5000, 900 with
assets of nearly 100000, which were large
ly valueleSs by reason of the failure of
Rasn q Co, of Baltimore, who were his
principal debtors
GETTING BACK HIS FORTUNE.
Since that time, through his own efforts
and the aid of friends who assisted him to
recover his fortunes, he had paid all his
debts and does not owe a dollar except to
the friends who had aided him, and the
81 600 debt claimed by Heller, Hirsch g.
Co., which was an iniquitous claim, which
he had expended over 81. 900 in defeating in
three courts in Georgia. On the eve of his
departure for Europe they had taken snap
Judgment on him in New York, and before
ne COuiu return ne nad lOSU MS day III court.
They then had the judgment verified here,
and it was this Old account for which his
baggage was attached as it was being put
on the bus at the hotel. in the presence of
his friends here and two gentlemen from
Wilmington.
Mr. DeLeon went on to detail the efforts
of himself and Mr.. Mackall TO obviate the
necessity of "A search, and that ON his re-
turn to Savannah in July Mr.. West abso-
lutey refused to afford him anysatisfaction
although West stated TO Mr.. Mackall that
his clients were ID rascals.n Failing to
get any apology for Mr. Vests conduct,
and being assured by Marshal Lamar that
the seizure of the baggage was outrageous,
the search unpleasant and one that Mr..
West had ordered made he felt il his duty
TO resent the indignity. Mr.. West having
denied him a hearing in conference. he
felt justified in denouncing him in the
language of the circular which he resorted
To because the city press, he said, feared that
Mr.. West would lodge action agaiAss
the publishers if he gave 1t to them.
MR.. WEST ON THE STAND.
Mr.. West was called by the State and
testified TO his long practice at the Savan-
nah and Baltimore bars He did not deny
that he had used the language attributed TO