New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-01-14

That afternoon the evening papers announce,
in big headings that one Of the most mover
suits on record was To- be tried. The papers
all took it up. and it was the talk of the Gay,
In the mean time the publishers announced tha'
the book selling like hot cakes. ana Johii-
son began to feel in better frame Of mnh
until the mails brought him reports from various
literary bureaus. Each one sent him the "IlS-
nal ARGUS review. So that he received I'VE
within week. Two he had contracted Tor
two others were sent as samples of the bureau ,
enterprise while another, whose offer he had
refused. WAS sent as a pleasant reminder.
Meanwhile the bureaus which H. had en-
plOycd We're pouring in hot shot. each letter con
tanning from five to ten clippings from papers
all OYER the country. and. to Johnsons rage ana
establishment. all were unfavorable. one paper
wondered If he was still At large Another alleT
making mention of the book. gave column
to the responsibilities Of publishing houses mat
publish such books, while another denounced
him as a crank In short. the ARGUS re-
viewer seemed to have inspired all the rest'
while the marked copies had fallen by the way
side
These reports began to tell on Johnson's dis,
position. The servant brought in the man
with fear and trembling. and Mrs. Johnson ire
quenty retired from the breakfast table IN
tears Finally Johnson refused to open ms
portion Of his mail. and forwarded II 10 ms
lawyer, with instructions to open up on every
one that came within the law Of libel
Yet there was another side To- all TINS. J"hn-
son was in constant commnlcat"n WIN ,i3
publishers who had now sold four editions anu
the trial had not begun. They seized the ll'a
of sending out agents with the books ana nun
dreds of copies were thus disposed of in every
town In the State and finally. when the case
was called Johnson's book had the reputation
of being the financial success of the season
The courtroom was crowded on the day IN
question. Such distinguished audience had
not been seen in the gloomy rooms for years.
and several guests sat by the side of the judge
Writers especially took an interest In the triai
as the question was one that interested them all
in the right Of newspaper to kill book by
unjust criticism. Every writer knew that the
argus welded a wide influence. and that one
man who really represented the IDEAS ana
opinions Of an individual was their literary
censor. and the trial was to determine whe'her
he could be stopped or not.
The selection Of a jury occupied nearly the
entire week The attorney for the defence, IN
old and distinguished member of the Horton
County bar. seemed determined that the SER
vices of men should be- secured VIII" knew
nothing-a proceeding that Mr Dancer Tor me
plaintiff did not object 10 in the slightest. IN,
first man called was . butcher. Yes he had
read the account and had views. H. thought
the argus editor should be tarred ana
fcathcrcd.
"Was the plaintiff a customer Of his" "Ycs.
he was" Whcrcupon the attorney Tor the dc-
fence objected To- him. and informed the "ilnS-
ton that he would tell them then and thcFe mar
minions would be defeated. Mr.. Dancer here
rose and said that the age of tn" gentleman pre-
vented the ret,rt that came t. his lips. but that
he would allow the defence To- select the jury
and he did.
The drawing was rich I'm Young men. Tho first
said b. was clerk. had read the account bat
was not hiassed either WAY, would d"'i" stlC'y
On the evidence. but would rather b. excused
Finally tn" entire jury WAS obtained ana u was
remarked that they were AN unusually int'il-
gent body II young men. They might nave hc'h
teachers but wcr. mostly bookkccptrs or clerks.
The trial pr srcssed for several days Ait"r
tho complaint wac read testimony on behalf ~
plaintiff was introduced.
Mr. Dancer had fifteen witnesses: men and
rus appearance. women with short pnlr VINO
.arried pamphlets and read in court; men who
ookcd literary and smcllrd Wusty-al ~ whom
testified ~ the sound logic Of Johnson's book
and expressed mild surprise that II could not be
Interpreted.
allied as an expert In matters relating - IN"
financial operations If republics. and was So deep
and learned. SO far above the rest. that even th"
Judge looked puzzled. This witness created
strong impression In favor ~ the book. ana
Johnson himself was amazed ~ his own knowl-
dye.
The publisher took his place IN the box. while
several assistants handed up a pil" oi nassiI"
books, by which he proved the enormous SAT"
II the work Tho only thing he could say was
hat he hoped To- induce Nh Johnson To- pr"paf"
second volume Tn" book possibly contained
.rrors. every book iid; be knew this through
Ms experience Il forty years az "a publisher. lie
Considered TN" review not a criticism hui an at
ack. and that tho effect II had On III" sales ~
J." volume was disastrous. While they were
irge and phenomenal. AS the subject ami method
# treatment demanded. had IT not been for the
'ttack no one could estimate how much greater
he sales might have been
The plaintiff rested his case and the defendant
moved for a nou-suit. whareupon Mr. Dancer
smiled. and his smile was not Uirth-plovokng,
indeed. the editor sWor' softly ana privately 10
himself as h. saw II. The motion Wa argued
md promptly dcniol
The case proceeded. Counsel FOR defendant
II his opening statement. claimed that il vas
customary L. use license I'm reviewing books
iey % IN 10
he reviewer. literary person schooicl In the
work. considered tn book q poor thing. and
Imply said So. Perhaps tho language was
trong, but it was made 50 t. "ffcctu"lly prevent
he author from repeating the offcnse. This I
reatcd smiles and laughter which the judge ,
uckly suppressed. w." then called witnesses 10 |
rove that III. book was even worse. than the re- /
fewer had said. one man testified that he had +
ccn given Il severe headache I'm his attempt 10 /
Il. Another stated that when he /
ot through with the book II left him I'm daZei /
tate. He considered that such work mixed |
nan AL UP. and muddcd the ideas he already |
ad.
A dozen readers were called: men and women. |
vino stated they had bought the bool, because |
( the excitement II had created. but had been |
nable to wade through II. Finally the author |
vas called. and the defence attempted 10 prove !
y him that he knew nothing about the subject !
n which he had written. I;ut Johnson 80 |
CELEBRATE and slow. and worked I'm So much /
bout the sale and success Of the book that the |
clcnsc was glad 10 release him The only point /
hey made was. that while johnson might know |
omethng about republics and finance individ- |
ally. when the two were Joined as 4 homo !
cncOus whole he knew nothing. Johnson adj |
littcd that he had studied both subjects scpa-
atcy then Joined the facts 50 obtained. which |
q claimed was the only way Il could be done. |
'inally the author sat down. having created the /
IMPRESSION that ms book must have been good |
me- and if the people could not understand it, /
was because they were lacking In intelligence. |
When Mr.. Dancer for the plaintiff. took the |
DOR there silence. There "A troubled |
pok his face, expression of pity and !
ympathy for the defense Indeed. Mr. Dancer /
lformed them and the jury that he did not |
roposc to bc hard on the defendant. He knew
hat the editor Of "The Argus had not gotten |
yer certain political defeat. but hc not |
ding 10 refer to that But he had referred to
and several other things somewhat to the de-
.ndant's disadvantage.
The attorney for the defendant, after a strong
rgumcnt i'm favor OF his client, made his final !
ppeal amid much excitement. lie denounced
ne trial a farce; that ii continued to
cep up the excitement and sell the book; that
the doors thus closed to free speech IL
ould be stopped once and for all When Mr.
anccr rose to reply. he was conscious of the
tcrcst Of the audience. lie alluded to his client
gentleman who had aided In the develop
ant ,ft Ia. cit - 10 ia tbo