Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-07-29
FIGHTING AN ISSUE.
Suits for Damages Brought by Two
Lawyers for a Woman Who Was
ATTACKED IN LICENSE COURT
Mrs. Pfeil Wants ReparatiOn for Aspersions
on Her Character.
FIRST CASE OF THE KIND TO BE TESTED

Attorneys John Marion and John S. Rob b,
| Sr, have brought suit for Johanna Pfeil,
| of Allegheny, against Francis P. Kohen OF
the same city, in the Common Pleas Court
No. l, for $40, 900 damages for alleged defa-
nation of character. The suit is of great
interest, not only as regards proceedings in
the license court, but also as determining
how far as Mr.. Marion says, "an irrespon-
sible person may SANDER and defame an
other with impunity without swearing to
his statement"
The case is q renewal, on the civil side Of
the court, of the suit which Judge Stowe a
few days since dis missed on the ground that
the communication to the attorney opposing
the license application of Mrs. Pfefl was
privileged. The papers set forth that ND to
the time the letter was written to B. G. CHS
ty plaintiff deservedly enjoyed the esteem
of all her neighbors; did legitimate busi-
ness and supported herself and children,
and that defendant charged that she was a
woman of intemperate habits cruel to her
children and an unfit person to keep a saloon.
FooLING A BROTHER LAWYER
Two letters, one signed by the name of
the defendant and the other unsigned, con-
tanning list of questions, are in the pos
session Of the attorneys for Mrs. Pfeil. On
being asked for an explanation as to how
they secured them Mr.. Marion stated that
they got possession of them from Detective
Hesser. Having obtained the originals, the
attorneys sent them to a photo-engraving
company and got copies made. They then
handed back two of the Photographic copies
to Mr. Christy, but retained possession of
the originals, and he did not detect the diff
ference. They then subp9naed him to pro-
duce all the papers in his possession rela ting
to the case. Mr.. Christy refused to show the
papers, when they paralyZed him by exhib-
1tlng the originals. The defense which held
good in the Criminal Court was that the
questions were intended for use in tho Ii
cense Cortland therefore privileged, "and,'
said Mr. Marion, eff that is the law of Penn
sylvania it is in the power of any malicious
liar and defamer to destroy the character of
any applicant by sending the vilest calumny
into the court either anonymously or over
his own name, unless sworn to, which would,
in case falsity were proven, subject him to
the penalties of perjury"
BELIEF IN A REMEDY AT LAW.
Messrs. Robb and Marion say they believe
there is complete remedy at law for the in
jury done to Mrs. Pfeil's character, and as
there has been no case in Pennsylvania at
all similar to this they propose to have it
adjudicated for the purpose of determining
whether irresponsible people are thus privi-
legged, and in case of an adverse Judgment
they propose to take the case to the Supreme
Court. 1t is said the one paper is admitted
to be genuine by Mr.. Christy, and the other
denied, but the prosecution relies on the
Photographic copies of letter and query list,
and also with the originals, to show that
they were both written by the same person.
Mr.. Marion says also that Kohen admitted
that he was interested in the cases of Hoh-
man and Casey, applicants for license, and
near neighbors to Mrs. Pfefl one of them but
door or two distant. 1t is also said that
Mr. Christy says the anonymous query list
was placed among his papers in court, but
that he has no knowledge of the manner in
which it got among them. 1t is supposed
one OF the parties named above is referred
to in the letter to Mr.. Christy.
COPIES OF THE TWO DOCUMENTS.
Following are the letters and queries:
"ALLEGHENY, March 10.
.'B. c. Christy:
DEAR SIR AND CoMRADE--I am interested |
in friend and an applicant for license |
down this way. Can you make 1t conven- |
lent for me to meet you either at your house |
or Office at whatever time you designate this |
evening. Yours, F. c. L.,
"Mrs. Pfeil, licensed,
CHARTERS street,
Fifth ward, A. C..
GA few weeks after you procured your |
license last year, did you not get drunk, |
drive your oldest son and daughter away
from your home?
"Q-Did it not require the aid and infu-
ence of one of your bondsmen to get your
son to return to your house to conduct your
business?
"Q-Your son william is not conducting
your business now. He is a sober young |
man, and could not stand your drinking |
and abuse at home?
"Q-lou gave up your restaurant, or Civ
ing meals after your son left you?
"Q-Did you not promise your husband |
prior to his death that you would give up
the business? You quit for year and
started again.
1t will be conceded without argument that
if Mrs. Pfeil wins her case there will be
ing the granting of licenses to applicants.
People who have not courage to face the
music and fight the applicant face to face in
the court will probably let cases go by de-
fault