The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1889-03-14

not think man who hhd Deeil oleVlp9 |
t0 the hOnOred position OF Judge w0nid
render such a decision, think u
would degrade aman 10 call lhim such
a name, instead Ot eleyRtlng HIM rul |
Joseph A, HOur. lthayipR a man II |
OF illegtimate birth IL not libel, ] DO |
not know what libel Ia, The remark OF |
XJudge FTease that calling man
Nioh "a name would tend 10 elevate ham
ia tho opinion OF the community iaaH
very peculiar line 6f argument
Councilman Frea' ] think " q TO-
markabla decision, The lawyers VIII |
now have now argument IN deienl'
ing men arrested for being tho fathers |
of lllegilimale children, as they can get |
up the claim II ID not disgrace for |
children tO be born out OF wedlOek,
Councilman Dnmoulln' IL struck mo
asa very queer deelhon, ahlit would |
tend 10 encourage and lncrease immor'
atty .. I..lnll,lL |
AN INT'EREsTINo TAIN |
From excellent authority the day ~
ter these libel suits were commenced q |
very Interesting tale was told OF the In |
Md6 history OF the writing OF the libel
Gus article by e1-Judge Lehm and 40 |
publication by tho Repoaltory,
Owing 10 the cases being IN court ana !
with no idea OF such remarkable fui' !
ing as that by the most learned Judge |
Raley from Carroll county, th6 atory |
was not given, the News DEMOCRAT,
having no dealIG 10 bias 10 jury. IL d6'
sired q verdict % bo rendered in accord
with the evidence Aubmltted Now
that tho remarkable decision has been
rendered II Ia but 'II'n 'HI
''" buE TINE PuBLIo rD'11'
20 give them the facts. Especially
after the deGialon BY the most Learned
Judge RalGy ifom Carroll county thtt
there was no libel N The publication,
I now 10 WAS e,.a.
As viii be remembered, the lbelous
production of exMudge Lahm was due
10 the City council not leasing 70 the
cemetery association the P0tter's Field,
a0me question having arisen ~ 10 the
legality OF so doing, la this Council
man yOlkmnnii and l'i0ld took an ~
tive part and argued 10 have the matter
referred % n committee for lnYeatigl-
ton. .IHIHU .I.. .l.l n... ...|
This angored th0 ex.Jndge, q come
tory trustee, aud In tho heat Of tho mo-
meut he dnHhed OF an article and hur'
RED with u % the depository office 70
have II l0tup IN type 4 N''f..
nEFORE m 0NRw COLD,
After % hearty supper no fetIn o bot
Ter trnme of mind aud after consider
ing his heated production ho
DECIDED M WAS LmELOuf,
Ileburrled 20 the depository Office aud |
asked FOR the article, 10 was IN the |
p0BseiWiOn Oftho editor 10 wanted 10. |
The business oliee thought II waSi Ia |
type, N II was, the eX Judge wanted |
Il Understood that II was llbelou5 would |
cause trouble, and no didn't want Il TO |
90 ltilb tho pap0t'
lnthe morning no called again and !
was ushered iutO the august preaepcq |
OF the suaye editor Here, 'tis said, 4 !
LIVELY scESE RESULTED
IN which The .ex.Judge demanded his
manuscript. and IN Which Ne was m
fogmed that II was In type, IL was u !
long article aud the paper C0uldutat
ford 20 pay FOR composition aud then
Rose the article, aH .N .....ry. ]
Urhe interview resulted IN e&iJudge
Lahm wishing Ms lauds Of the entire
matter, and the editor assuring him
that the W.H1
AHlpOEE wA9grLENDlD, ,raI
would make excellent feAdmg, and that
Bhe paper would assume all responsibh
ity '''. N.NI'
u The article appeared next day under
such a head hs only the highly cultWedo
editor could produce, The topllne was
"let or 90, Gallagher .ut
In the article ex.Judge lahm placed
words into Mr.. FieldH mouth which no 4
never spoke, about the Uty ysewage farm
being the proper place ii wkloh 10 do
poslt the reniitn8 Of bnupers tepmed.
Nolkmghn and Field its modern Ana
niasas and charBed them asbelng illeglV' |
Wlthanthistho learned Judge llaiey
from Carroll county decided That there
was no llbel ''u'l 'st .3 i'. y
d.. fs' Hu lItF NHiU 10 .s1fI
The latest I'M the SlD0O0 libel Qasoe
against the depository and e1'JNdge
Ldhh Is that an appeal will be made.
Ubou tho sustaining the demurrer
by Judge ltaley from carroll county IN
the Common hleas Court. here, ene0p.
ti0ns were taken Immediately tOltha
ruling OF that portion Of the court
from Carroll county by Councilman
iHOlkmnnn, through his attorneys.gJnll
ulC0uncilman Field, as given In bia in
terylow, was NJ loss what 10 do
la,Yhen o Judge (G0d save The mark, !
learned in the law (Y, a. person called
by the highest power In this great |
commonwealth 20 sit In Judgment !
on his fellow men, Bpits upon his Jew.
iBh Gabridine In full view OF Tie civil.
getl world. .n'DHl W. uaN1IHr.I u, Hl |
,bMhen no said9"l submit 10 th0 do.
oIsion Of the opposition he stated that |
he realized that without even the sem
blanoe Of q doubt, let alone evidence,
Judge Raley from Carroll county, Yir /
tually decided that he was Of Wegiti !.
mate birthol .Thisob being decided, the |
demurrer, was sustained because Tor
sooth the court had known men in high
positions who had been born out OF [
wedloCk, IN fact d number Of bosom
friends, therefore, the publication OF
this fact was no libel
For this reason, for the reason that
the venerable OK. Judge Frease, In q con-
sultatioh with Mr.. Field in witch ex!
Judge Bahrn was present, with tears m
his eyes and hishands trembling Az with
ague, plta3ed for leniency in these sdlts
as ne libel was not INTENTIONAL; for
the reason that Wy pdehing the case
into more prominence he would caase q
deat old, aged mother in Summit counJ
ty 20 bhry her HEAD IN grief over Suel I
an incblled fof and outrageous lthpu.
tation upon her fait nameS for all this
Mr.. Field was Wiling to let the ease
stand Until he'Bawin The Evening Re-
pository editorial comment upon the
declsion as being AUST anda luminous
one"
Then IL was, perfectly astounded at