The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1894-02-21

/ a
poor book, there is no such obligation
on the part of the publisher or editor.
so far as the author is concerned. The
law distinctly says that beyond his con-
nection with his work. the author is
private individual. and is not subject to
comment as is a candidate for office.
But this reviewer has gone beyond this.
He says your motives are dishonest. He
says in so many words that if your book
is intended as a serious effort, it IS a dis
honest attempt to influence the money
market, etc. This, of course, is not So,
and is a libel. Ii is a stigma upon you,
and will ruin the sale of the book"
You are right" interrupted Mr.. john
son, land 1 am obliged 10 you. / con-
fess / intended going down this morn
ing and having it out with this fellow,
but 1 will give him a taste of the law.
You are sure you can work him"
Sure replied the lawyer, IF | can I
I will make him so uncomfortable that
he will wish he had never been born.
We'll. go ahead; don't let up on him, ="
said Johnson, as he bowed the visitor
I out.
That afternoon the evening papers an
nounced in big headings that one Of the
most novel suits on record was 10 be
tried. The papers all took it up, and it
was the talk Of the day In the mean
time the publishers announced that the
book was selling like hot cakes. and
! Johnson began TO feel I'm hetter fame
OF mind until the mails brought him
4 reports from various literary bureaus.
Each one sent him the original Argus
review. so that he received five within
| a week. Two he had contracted for:
two others were sent as samples of the
bureaus enterprise. while another, whose
| offer he had refused, was sent as
pleasant reminder
Meanwhile the bureaus which he had
employed were pouring in hot shot, each
letter containing from five to ten clip
pings from papers all over the country,
and, TO JOhnSOn'S rage and aStOniShment,
all were unfavorable. one paper Won
dered If he was still at large. Another
after making mention of the book. gave
a column to the responsibilities of puO-
| fishing houses that publish such books,
while another denounced him as Il crank
In short. the Argus reviewer seemed to
have inspired all the rest. while the
marked copies had fallen by the way
| side.
These reports began TO tell on John
sons disposition. The servant brought
| i'm tho mail with fear and trembling. and
/ Mrs. Johnson frequently retired from
! the breakfast table i'm tears. FINALLY
| Johnson refused to open this portion or
| his mail and forwarded 1t to his lawyer,
with instructions 10 open up on every
one that came within the law Of libel
Yet there was another side to all this
Johnson was In constant communication
with his publishers. who had not SOFA
| four editions. and the trial had not ne
pup They seized the idea of sending out
agents with the books and hundreds OF
copies were thus disposed of in every
town in the state and finally. when the
| case was called. Johnson's books hau the
] reputation of being the financial sue
| cess of the season.
Tho court room was crowded on the
dav i'm question. Such a distinguished
audience had not been seen in the gloomy
rooms for years, and several guests sat
by the side of the judge. writers eS-
| pecialIv took an interest in the trial. as
| the question was one that lnteresleu
| them all i'm the right of a newspaper 10
| kill 2 book by unjust criticism Every
writer knew that the Argus welded a
wide influence. and that one man VINO
| really represented the ideas and oph-
| ions of an individual was their literary
| censor, and the trial was 10 determine
| whether he could be stopped or not.
| The selection of a jury occupied nearly
| the entire week. The attorney Tor the
| defense. an old and distinguished mem
Der of the Horton county bar, seemed
| determined that the services Of men
| should be secured who knew nOthing-a
| proceeding that Mr.. Dancer, for the
| plaintiff. did not object 10 in the slight
| est The first man called was butcher.
| Yes. he had read the account and had
| views. He thought the Argus editor
! should be tarred and feathered-
| twas the plaintiff a customer of his 90
YES. he was" Whereupon the attorney
| for the defense objected to him. and
| informed the opposition that he would
tell them then and there that any at
tempt TO pack the jury box with their
! minions would be defeated M. Dancer
here rose and said that the age of the
| gentleman prevented the retort that
| came to lips. but that he would allow the
| defense to select the jury, and so he did
The drawing was rich in young men.
\ The first said he was a clerk; had read
| the account, but was not biased either
way: would decide strictly on the evil
! dence. but would rather be excused.
! Finally the entire jury was obtained
| and il was remarked that they were an
| unusually intelligent BODY of young men,
| They might have been teachers, but were
| mostly bOokkeepers or clerks.
The trial progressed for several days
| After the complaint was read testimony
on behalf of plaintiff was introduced
Mr.. Dancer had fifteen witnesses; men
! and women with big. bullying foreheads
| men of curious appearance, women with
| short hair. who carried pamphlets and
! read in court; men who looked literary
| and smelled musty-aI of whom testified
TO the sound logic Of Johnson's book and
| expressed mild surprise that it could not
be interpreted
one man, a small bald-headed indi-
| vidual was called as an expert in ma L
! of republics. and was so deep and
| learned so far above the rest, that even
| the Judge looked puzzled. This witness
created a strong impression in favor of
! the book. and Johnson himself was
| amazed at his own knowledge.
| The publisher took his place in the
| box. while several assistants handed up
| a pile of massive books. by which he
| proved the enormous sale of the work
| The only thing he could say was that he
| hoped TO induce Mr.. Johnson to prepare
| a second volume. The book possibly con-
| tanned errors; every book did; he knew
| this through his experience of forty
| years as a publisher. He considered the
| review not a criticism, but an attack
| and that the effect il had on the sales OF
| the volume We're disastrous. While they
| were large and phenomenal, as the sub
ject and method of treatment demanded
| had it not been for the attack no one
| could estimate how much greater the
sales might have been.
The plaintiff rested his case. and the
| defendant moved for nOn-suit; where
| upon Mr.. Dancer smiled, and his smile
was not mirth-provoking; indeed the
editor swore softly and privately to him
self as he saw it. The motion was ar
gued and promptly denied.
The case proceeded. Counsel for de.
fendant in his opening statement
claimed that it was customary to use
license in reviewing books. They were
sent to him for that purpose; that the re-
viewer, a literary person schooled in the
work, considered the book a poor thing
ciDoplv said parhaDc bo Ia