The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1889-03-07
A STARTLING DECISION
Rendered in the Common Pleas
Court Tuesday Afternoon
by Learned Judge haley, From
Little Carroll County,
IllegitimAoy Not Considered Disgraoe.-
Counoilmen Volkmann and Field
TAlk.--A Queer State Of
Affairs,

Talk,--A Queer State Of
Affairs,
The Common Pleas Court Of Stark
county, Judge Raley OF Carroll county
presiding, has decided that II Ia not
libel for newspaper TO publish man
before the world bastard,
Such was the declaiOn rendered by
the learned Judge Raley, of Carroll
county, yesterday, In the case Of COun'
cilmen VOlkmann and Field ys John
Lahm, The Repository Printing Co.,
Herbert saKton and George B FreaSe,
Our readers are familiar with the case,
and the malicious and shameless publ
cation that led TO the commencement
Of the action,
II will be startling news TO tho aver
age newspaper reader TO learn that the
medium from which no gathers the
news and facts OF the day may at will
pronounce him OF lllegltImate birth,
aud he have
NO RECOURSE AT LAW,
The News DEMOCRAT intended, no
matter what the decision on the pond
Ing demurrer, to furnish It's readers
with q full text Of the now remarkable
opinion of the court, and with that In
view, q NEws'DEMooRAT reporter was
especially charged with tho mission,
On Monday afternoon Judge Raley
was kind enough TO say to the reporter
that In all probability the decision
would not be rendered for q week, at
least, but he
FOUND m CONVENIENT
to nevertheless declare his opinion on
the very next day yesterday, when un'
fortunately the reporter OF the news
DEMOCRAT was not present
The question naturally arises to those
familiar with the facts, and TO this Of
lice especially IN view Of this iniorma'
tlon from the court, was the learned
Judge Raley from Carroll county fear
ful that his now remarkable decision
would be given In full to the public, and
did he
wlLLFuLLY MlsLEAp
the NEws'DEMoORAT reporter for fear
his decision would forever ruin his iu.
dlClal Careerp
The decision In the case was delivered
late Tuesday afternoon, the most learn
cd Judge Raley from Carroll county
opening his remarks about o'clock
In substance he stated that libel was
any rldicule, contempt or hatred that
would tend TO degrade or lessen In the
public esteem the one against whom
II was directed. lie held that the words
In the petition upon which libel was
held were not llbellous, For authority
he took the Seventh Ohio, In which he
stated that words Of general abuse
we're not considered libellous,
ILLEoITMAoY NOT DEGRADING,
The most learned Judge from Car.
roll county held that TO charge q man
Of lllegitimate birth did not tend to
lower him In the eyes of the people or
lessen him IN the esteem of the public
10 was Il matter over which the bastard
had no control,
Elegant gentlemen Of high profes.
sional standing and high In society
have been Of illegitimate birth, He
had q professional
GENTLEMAN FRIEND or FtLLEGGTtMATE
birth,
now deceased, who ranked high In legal
circles and was member Of the state
legislature.
~ too know Of such q man. inter.
rupted Attorney Frease, an eX.Judge,
owner Of one.tliird interest In the Re.
p0sltory Printing Company, and IN the
interests Of which company he on Mon
day In arguing the libel case before
learned Judge Raley Of Carroll county
publicly proclaimed with
FAINT sIoNs or A BLUSH,
that to be u bastard was TO elevate q
man instead Of being the cause Of any
contempt felt for him 81 know Of DR.,
Firestone, Of Wooster than whom no
better man walks life's paths
With what Is said to have been nod
of approval at the excellent manner in
the ex-Judge was looking after his
clients and his own interests, ard
UNFOLDING THE COURT
in the stand II has taken learned Judge
Raley from Carroll county continued,
giving illustrations Of number Of his
associates who had been Of illegltimate
birth but Withholding their names
In conclusion he held that the Ian.
guage used by Judge Lahm In his arti.
Gle In the Repository rejecting upon
Councllmen Field and Volkmann was
not such nature as
WOULD DEGRADE EITHER
Of these gentlemen In the eyes Of the
people; that there was nothing In the
article Of which complaint could be
made.
Therefore learned Judge Raley from
Carroll county
SUSTAINED TIE DEMURRER
to the petitions Of Councilman Field
and Volkmann. TO this exceptions
were taken by attorney Upham and
the cases Of Mr. Volkmann will be car.
rled TO Circuit Court,
A sTtNGINo REDUKE.