The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-07-24
ACTION AGAINST SMITH|
There Is . Probability That He viii
Be Sued for Libel
WHAT ATTORNEY BURNS SAYS
Thinks II Unjust to Judss Connolly Thst
Such Charge Should Bs Allowed to
Remain Uuchalleuged on the
Record Of Our Highest Court.


Cornelius Smith are likely to be the out
come Of the proceedings which he began
In the supreme court q week ago to
compel the court Of this county to re-
lease his client. John G. Jennings. on his
own recognizance to answer q charge Of
perjury.
At the last term OF common pleas
court a paper was presented to the
court by Attorney Smith which was
sworn to by Mr.. Jennings. The afii-
davit contained allegations OF fraud and
injustice In the matter Of trying the
celebrated case OF Jennings against the
I.ehigh Valley Railroad company. Mr..
Jennings was summoned before the
court forthwith and requested to sub
stantiate the charges so boldly made In
his affidavit. He failed to do SO, and
Judge Archibald held him in bail to an
swer a charge of perjury and directed
District Attorney Jones to bring Mr.
Jennings case to the attention Of the
next grand jury. Mr.. Smith made an
effort to have his client released on
common bail, and on the refusal OF his
request he has applied to the supreme
court for writ OF mandamus to COM
pei Judge Archibald to release Mr.. Jen-
nings on his own recognizance.
I'm his petition to the supreme court
Attorney Smith rehashed all Of the
sensational charges made since the in
ception OF the case. all OF which were
before the local courts on different oc-
casions for consideration, and were dis
missed for want OF proof to substantIate
them.
What win Cause Him Trouble.
The paper which is now filed at Phila-
delphia and thereby becomes "a part OF
the record Of the highest court In Penn
sylvanla, is said to charge the late
Judge Connolly, before whom the Jen-
nings case was once tried, with having
at the instance Of Attorney I. II. Burns.
of counsel for the raif-aad company, un-
lawfully and corruptly set aside the ver-
dict returned in favor of jennings.
That Is the same charge made once be-
fore, and in support Of which Mr.. Jen-
nings and Mr.. Smith were unable to Of
fer any testimony.
In speaking about the charges made
against himself. Judge Connolly and
others. Attorney I. H. Burns said yes.
terday to Tribune reporter:
II have sent to the supreme court for
a copy of the charges made by Mr..
Smith, and as soon as I receive 1t
will carefully examine Mr.. Smiths al
legations. If they are such as give a
legal ground for action 1t will be in
stftuted against him. believe that
oh ha ~, S,,a he
memory Of Judge Connolly, II for no
other reason. Mr.. Smiths paper is
now part Of the record Of the supreme
court, and 1t may be that years hence
this charge might be brought up to
confront his children. The clrcum-
stance under which the charges were
made would have passed out of recol-
lection and nothing but this grave allie
CATION uncOntradicted would remain.
1t Is not right that this matter should
go unohallenged.
Give Him ON Opportunity TO Prove
Il believe in giving Mr.. Smith,
through proceedings in libel, an oppor-
tunity to prove the charges he seems
to take so much delight in making.
At present I know nothing about what
he has said save that which came to
me from the newspaper reports. II
the facts are as set forth there was
no reason in the present proceedings
before the supreme court to again give
publicity to these old and untruthful
charges.
1.-THE fact that they have been made
wantonly and without cause is pre-
sumptive evidence of malice and would,
l think, be so construed by almost any
juror. There Is nothing, so far as /
know, in the supreme court mandamus
proceedings to give Mr.. Smith the priv
ilege to spread his outrageous charges
on the record Of our highest court.
IF he fails to substantiate what he
had said In the proceedings that will
be brought against him II will consti-
tute q vindiction Of those whom he has
slandered. and there will be the record
of this court to give the lie to the
charges that have been made In the
higher court"
EVERYWHERE we go we find some one
who has been cured by Hoods Sarsapa-
rilla. II Is the greatest curative agent II
Is the one great blood purifier and nerve
tonic.
HOODS PILLS for the liver and bowels,
act easily yet promptly and effectively.
oucDIccJo GAZE