Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-05-07
THE ISLANDER SUIT,
OF DIR. J. H. PRES AGAINST DR.. J. W.
MCCOY ON TRIAL
Before Judge Campbell, in Part Two Of the Crcul
Court-Not 3 Great Deal Of Progress fester-
day-Outlins OF the Evidence.

uaY-UQullo VI E''NVSSS'
The Islander suit of DIR. J. b. Pipes v.
DR. ]. W. Mccoy, in which IS, 900 dam
ages is claimed, growing out OF the cele-
brated session of the Board of Education,
at the regular meeting in August, 1887,
was mt ON trial before Judge Campbell,
in Part Two of the Circuit Court, yester-
day morning Counsel for plaintiff were
Messrs. H. NJ. Russell and Cspt. B. B.
Doveuer. and for the defense Caldwell x
Caldwell. 1t Was pretty difficult work
getting eighteen competent jurors in the
box. but the feat was accomplished about
II o'clock, and then ensued long confer
ence between counsel on both sides over
striking the jurors from the list, which
caused considerable delay, and it was
nearly twelve o'clock when plaintiffs
counsel sgreed upon the last two names to
be struck of, and handed the let to the
clerk. The full panel consisted OF Messrs.
George f. S.sson, Lewis Fox, James
Devine. Paul Brockbardt, A q. JamisOn,
John Wilkie, B. Supler, James Anderson,
Elmer Carlin, W. T. Burt. L V. Blond.
Clarence Irwin, Jacob Berger, James Col
Inns. Thomas Owens, Thomas Jones, Oliver
Morris. Ja,. Mcnamara, JAS Riddle aud
VIM. Bashsr Out of these jury was sum
/ 4 fo11 ~
Fox. Paul Brockardt, John Wilkie, B. Su-
pler, James Anderson, Elmer Carlin, w.
| T. Burt, Clarence Irwin, Thomas Ovens,
James Riddle, and VIM. Bsshar. At noon
the witnesses we're sworn and excluded,
on motion of counsel for plaintiff, and
Court took a recess.
When Court convened for the afternoon
session Mr.. Russell made a motion to have
witnesses excluded from hearing the open
ing statements of counsel. This was re-
sisted by counsel Tor the defense, who
claimed there was nothing compelling wit
nesses to retire before the actual beginning
of testimony. The Court was asked for
decision, and it was ruled that witnesses
might remain during the statements Mr..
Russell stated the case for the plaintiffs,
saying the stories he expected TO prove had
been circulated ny defendant, were espec-
ially damaging to the character and
standing of a physician, and redress
in damages were therefore asked. He
said the declaration showed six COM
mon law counts, charging that Drs.
Mccoy had spoken and published scandal
ous stories There were six additional
counts under the statutes, repeating the
same charges in a somewhat different fern.
Mr.. Russell read the counts, the first al
leging that Dr. Pipes had gone to a house
of designation with a pretty little woman,
supposed to he Miss Stephens" The
second count ssys DIR. Mccoy told story
that Mrs. Pipes was going out for some
thing aud forgot her pocketbook, and re-
turning, found Miss Greenlee in bad with
the Doctor 4" The third count charges DR..
Mccoy with having said: "Mrs Pipes
went to prayer meeting and returning
found Miss Stephens in DR.. Pipes room
in her night clothes. and she said, If an
angel bad come down from heaven and
told this, | would not have believed it.
The fourth count says MRS. Pipes caught
Miss Greenlee in bed with DR.. Pipes"
The fifth count is different version of
the Miss Greenlee story, of the third
count, and the sixth count substantially
repeats the first story ahOut the asslgnation
house.
Mr.. Geo. B Caldwell responded for
the defense. He said the defense relied
upon showing that the declarations
charged in the bill were unfounded. He
did not think the plaintiff could succeed
10 proving DR.. Mccoy uttered any Of the
material facts alleged, but if certain things
we're proved, they were uttered by DR..
Mccoy in the discharge of his duty as
sworn officer, and he would have defsulted
il his duty had he nOtlwarned the parents
of his school district
The first witness fer the plaintiff was
William Wilson. DIR. Mccoy had talked TO
witness about DR.. Pipes on four several
occasions. They we're in the latter part
of July and beginning of August, 1887.
On one occasion DR.. Mccoy said there
were improper relations between DR..
Pipes ana two of the teachers. DR. Nc
Coy said DR.. Pipes had been caught in
ned with Miss Greenlee by Mrs Pipes
Mrs. Pipes had gone out for meat, and
caught them on her return. Again DR..
Mccoy said Dr. Pipes had been to II house
of i'll fame with small lady, dressed
in black, supposed to ba Miss Stephens.
DR.. Mccoy also said DR.. Pipes spent
three hours a day with Miss Green
lee, and that there was regular system of
signals between them at their respective
windows Witness had not gone to DR..
Mccoy for the purpose of asking about
either DR.. Pipes or the two ladies. This
matter only came up incidentally. On
cross-examinatiop witness said he went to
Dr. Mccoy because his daughter, who was
a teacher in the school, had been dropped
out with other teachers against whom there
was serious charges. The charges were not
against her, but he did not want the pub
lie to believe she was included in them.
Witness thought at the time the real cause
of his daughters dismissal was that abe
was sick and had not employed DR.. Nc
Coy. The first three conventions with DR..
Mccoy were private, but atthe last DIR. Nc
COy's wife was present. Witness didn't
know whether DR.. Mccoy finally voted for
his daughter, but che finally got a place.
DR.. Pipes did not suggest that witness 90
back and tslk to DR.. Mccoy; no one sug-
gested to him what to do. At the conclu-
sion of the examination of the witness,
Court took a recess of ten minutes.
After recess Mrs. Werrer was called, and
there was an argument as to the admissi-
bility of statement by her that DR.. Nc
Coy had said Mrs. Pipes had caught DR..
Pipes and Miss Greeulee in bed and down
on the floor" The latter part of the SEN
;ence not being included in the declaration,
defense objected TO its admission, and
moved it be struck out. This motion was
granted. The defense then moved to
exclude the remainder of the quotation.
This was overruled and exceDed to.
Mrs. Werner was then recalled and cross
examined as to the conversation DR.. Mccoy
had had with her. He wanted her name
to petition about the school. but she told
him she had signed Dr. Pipes petition.
At half-psst five Court adjourned until
this morning.
ADJUSTMENTS.