Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-12-04
LACKING THE FAITH.
A Libel Suit Thrown Out of Court at
the Expense Of the Plaintiff
FOR A VERY PECULIAR REASON.
A Jury Of Men Who Believed in Spiritual
ism Couldn't be Had, and
10 UNBELIEVERs WOULD BE ACCEPTED
nrrc1AL rzLEeRAN 10 TH1 DTsPArcz.i

NEW YORK, December S.-A case that
promised to furnish some Of the most re-
markable and interesting contributions as to
the work of sO-called spirit mediums came
up in Part 4, of the New York Supreme
Court, before Judge Miles Beach, to-day.
That doughty champion of what he regards
as true spiritualism, and relentless enemy of
the sham article A. h. DALEY appeared
as the attorney for the side that was ex-
pected to do most of the exposing. His
client was Colonel John G. Bundy, pub
Usher of the. Religio-P Philosophical Journal,
of Chicago. the defendant in this suit.
Colonel Bundy, in the issue of his paper
of May 8, 1888. charged Mrs. Eliza A.
Wells, of New York, trance and materi-
alizing medium ana a clairvoyant with be-
ing "a vile swindler, who uses trick cabi-
nets and confederates to accomplish her de-
ception."
IT RUINED HER BUSINESS.
A few months after this publication, which
followed many exposures of the woman's al
legged tricks in Colonel Bundy's paper, Mrs.
Wells brought the present suit for 5000
damages, averring that the publication had
already deprived her of a very large amount
of money that would otherwise have come to
her with the cooperation of the spirit world
and the confidence Of a wealth-dispensing
humanity.
A. W. Tenney and E. H. Benn appeared
for the medium. She was not present, but
interested in her side of the case appeared
Henry j. Newton, formerly ofthis city. The
opening of the case brought some surprises
to the parties interested on both sides of il,
and furnished some food for merriment
among the spectators in the court room.
Judge Beach advised, in order to expedite
matters, that a jury that he had placed in
the box should be examined. and, if qualified,
accepted for the trial. Mr.. Benn began to
question them.
THE FAITH NECESSARY.
"Suppose it was proved,'' said the at
torney to the first juror, ION evidence that
was not disputed here, that form in hu-
man shape appeared all clothed in white,
and then dissolved into the air, would you
believe the evidence?"
"No, would mott
''If you saw such phenomenon yourself;
if you passed your hand through the form
and found it was only vapor-would you
then believe such thing was possible?"
mo, sir 1 don't believe anything of the
kind could happen"
The man said he was an Episcopalian.
He had taken no interest in spiritualism,
and did not believe any of the yarns he had
heard told of the marvellous work of me-
diums.
~ appeal to the Court that this is not a
competent Juror" said Mr.. Benn.
81 rule that he is good juror, said the
Judge.
"But, your Honor"
"You can challenge. L regard him as
perfectly compete It.
''We do challenge him."
The challenge was overruled and excep-
ton was taken by Mr.. Benn.
MORE TO BE BELIEVED.
To the next juror-"Suppose you should
see a little vapor on the floor OF this room,
no bigger than a mans hand. and that
vapor should expand and rise slowly and
take the well-defned form of a human be-
ing, and then vanish-would you believe
what you saw?'
81 don't believe could see anything of
the kind"
at it was proved here on the witness
stand, undisputabIy, that such things had
occurred, would you believe the evidence?"
mo"
The Judge ruled that this witness was
also competent, and an exception was taken
10 the overruling of the challenge, Mr.. Ten
ney appearing 10 be in a very bad humor.
The next witness was asked: Suppose
positive evidence was produced here to
prove that q woman was locked in an iron
cage competent to hold tiger, and that she
came out without the moving of the bars or
the unlocking of the door, would you be-
lieve it2"
"Who came out the tiger?"
mo, the woman"
"No, L would not. :"
would you believe in the materializa-
tion of spirit form if it was revealed here
before your eyes?"
PRETTY HARD TO BELIEVE.
mo, sir. 1 would say there was some
deception"
This, and all other Jurors who gave simi-
lar and equally positive answers to the
question of Mr.. Benn, were accepted by the
court, and Judge Beach ordered the trial to
proceed.
The plaintiffs counsel argued there could
be but one result to a trial before such
jury, who, Mr.. Benn and Mr.. Tenney de-
clared, had already testified that they be-
Iieved all spIritualism mere trickery. Judge
Beach said that spiritualism was not on trial
in the suit. 'sThis is q very silnple
case, 3" continued the Court. ''The plaintiff
charges libel in the publication of
a statement that trick cabinets and coufeder-
ates were used by her in her alleged mani
festations. The defense justifes this publi-
cation, and claims to have evidence in proof
Of the charge made. There is no reason
that the trial should wander over the do
main of spiritualism, and don't propose it
shall. This jury Is competent to say whether
or not, on the evidence that may be pro-
duced, a trick cabinet and confederates were
used"
THE CASE DISMISSED.
The plaintiffs attorney declined to 90 on
with their case before the jury. "Let us
discard the jury and allow the Judge to de-
eide on the case" said Judge Daily, The
plaintiff did not look favorably on this
proposition, and the Court dismissed the
complaint and ordered the plaintiff to pay
5000 costs.
Judge Daily. though he felt serene at the
settlement of the case, said he regretted ex.
ceedingly that he could not have submitted
the masses of evidence he aud Colonel
Bundy had prepared in the way of expos
ures. The first exposure of Mrs. Wells al
legged legerdemain was made by William
R. Tice, Of this city, on February IL, 1887,
when Mr.. Tice, at the home of Henry j.
Newton, in New York, was introduced to
the spirit of his wife, who kissed him and
then disappeared into cabinet Mr.. Tice
followed the spirit, and in the cabinet. which
was divided into two parts, claims to have
found in the division that had the door the
everyday clothing of Mrs. Wells, and in
the other the substantial medium herself in
very nimsy array.
SOMEWHAT MYSTIFIED.
He was mystifed to know how she got
through the network partition between the
two chambers of the cabinet, but claims to
have discovered that she removed the tacks
from the netting and replaeed them flor