The herald., 1895-04-26
He Is Much Dissatisfied With
the Verdict
TO MOVE FOR A NEW TRIAL
Sensational Affidavit Prepared by the
Plaintiff
The Colonel Makes Allegations That the Case
Was Not Properly Supervised
by the Court

Colonel Blanton Duncan of kentucky's
experience with the Evening Express be-
fore jury has not convinced him that
the so-called libel perpetrated upon him
by the contemporary, when looked upon
by twelve umpircs. was any the less
defamatory and calculated to injure him
to the extent of many ducats.
The verdict recorded in favor of the de-
fendunt was severe blow to the versatile
colonel who at once set about to prepare
the case for another issue. Having found
time. after overcoming the discourage
ment incidental upon his other defeat, he
has come to the conclusion that the whole
affair was huge farce.
lie does not explain this categorically
in the atfidaVits which he has just filed,
ON a motion for new trial, but he lnti-
mates it in words to that effect, as the
reader will judge from some extracts from
the document.
Among the Irregularities which the
esge eye of the colonel detected. ana
which he now swears were the settled
efforts during the whole trial by defend
ants counsel. Messrs. Gage and Foley, to
make the case a subject of derision, and
in order to affect the jury to view 1T
in that light, to ask incompetent, IL
So, among other things, Mr.. Gage, after
having read part of the article entitled
Nal d'Occhio, handed 1T to junior counsel,
Mr.. Foley. to read the balance, with the
remark II am scared Iouimust read
The rest''
The introduction of Sackett Cornell as
n hypothetical expert on submarine earth
ouakes or tidal waves, Colonel Duncan
also considers as done for the purpose OF
shedding ridcule upon him and prejudic-
ing the jurors.
Another act of defendants attorneys is
viewed as an objectionable piece of levity
on a par With the rest, and deprecated
with great severity by the affiant. 1t was
the introduction as witness OF coroner
III. G. Gates for the purpose OF asking
him: Will you kindly state how many
dead bodies you took out of the Stimson
building the morning after this tidal wave
came, as predicted by Colonel 'Iuncan?'
AS reported by the Express = Colonel
Duncan quotes that paper as his author
ity- Judge Mckinley would not allow the
doctor to answer, and he was excused
amidst loud and continuous laughter.
Another reason why Colonel Duncan
thinks he ought to have new trial is
that 'the attorney asked him. with the
intent to excite prejudice in the minds of
any A. "A. on the jury. the incompetent
and irrelevant question. Are you citl-
zen of Italy? of Rome?'
~
asked derisive questions to which he re-
piled that he was too old to play the
clown, are made. Also, that when dur
ing one of the frequent spats which oc-
CURED on the trial Mr.. Gage said some-
thing concerning Colonel Duncan's age.
and the Colonel replied. my age needs
no protection from you. Such matters
can be fran ed on the outside!' counsel
for the Express subsequently distorted
the matter to the jury by telling, them
that Colonel Duncan wanted to fight
duel with him.
While Colonel Duncan deprecated it. he
charges that during the entire trial there
was unchecked laughter and confusion,
and that il was part of a deep laid plot to
have him laughed out of court. skyens the
arguments at the close OF the triislN NShaxeN
not escaped the dissectihg knife ofsS tire
colonel. and he has word to sayItoe
concerning the Irregularities of the court.N
Affiant says that order was not pre-.
served by the Judge or by the bailiff, and
that tue outside audience was permitted
to laugh and create confusion without
rebuke for its levity or contempt OF court.
and that the court added thereto during
the examination OF witness LIE Veen.
Colonel Duncan thinks that the remark
made by Judge Mckinley. that this wit
ness was probably the only man in the
audience capable of understanding all
Colonel Duncan's language. was not
consonant with the dignity of court.
BIT the greatest indignity that was
offered to the poor colonel was the reject.
ion by the Judge OF an article entitled
Last Great Shake. offered in evidence by
the plaintiff, with the remark that if any
more of this literature were introduced
the jury would be in lunatic asylum in
a week.
To this affidavit are joined few more
bearing upon certain features of the case,
but of no interest to the public. The pa
pers have been served upon the attorneys
for the Evening Express.