The sun. [volume] (New York [N.Y.]) 1833-1916, 1896-11-19
COFFEY SUED FOR LIBEL.
THE SENATOR les INTO TROUBLE
NJ TALKING TOO FIR EELY.

Said that ARsemblymhn 6choephin Had
Been Indicted for bribery, and an Agent
or the Chicago Associated Press who
Heard 1t Sent It Out to His Papers.
BUFFALO, Nov. 1s.-The libel suit OF OK
Aesomblyman SohoopHln against State Senator
Cofroy was begun In the Supreme Court this
morning. Norris Moroy, counsel for the plaintiff,
read the press despatch sent out from Albany,
saying that Senator Coffey had announced that
| indictments for bribery in connection with
tho Campbell leo bill had boon found
against Assomblymon Campbell of Kings
and Schoepdin of Erie. This statement,
counsel said, had been printed in tho
several papers In this State served By the Chi
cago Associated Press. Tho Same day Senator
Coffey also made tho same statement to Senator
Persons and to Others. Tho crime with which
Mr.. Schoepfin was thus charged, he said, was
tho most dlsEraceful that could be made against
u man. Tho only diffcrUL.le between this and
an ordinary libel or SANDER suit was that tho
man who made the charge was a Senator OF the
State OF Now York and the man against whom
the charge was made was an Aosemblyman. Mr..
Moroy called attention TO the fact that tho
defence had not tried to justify the charge, but
had alleged that rumors had connected him
with the scandal for some time before.
Mr.. Cuneen, counsel for Senator Coffey,
asked the Court to direct that the plaintiff be
required to allege either libel or Islander.
Mr.. Morey said that as to the statement given
to the press. he expected TO recover for libel, and
as to tho utterance to Senator Persons, ho ex-
pected to recover for Islander.
Justice Childs said he would deny the motion
for the present.
George +. Graham Of Albany, agent for tho
Chicago Associated Press. was called to tho
stand. He admitted having sent the libellous
despatch. to his association. He obtained the
information on which 1t was based from Sena-
tor Cafey. who said he got II from 2 person who
Those present at the time of his conversation
viii, Senator Cofrey were Senator Cantcr and
Louis Seibold, n New York reporter. Witness
confessed that he had taken no steps to confirm
the report before making i public. He ala no.
received o denial from the injured Assembly,
man. Witness could not produce the papers in
which his despatch appeared, nor could he pro-
duce the original copy of his despatch, saying
II had been destroyed two weeks after Its trans
On cross-examination witness admitted that
Senator Coifey might not have known him TO
be connected with a press association. Ho had
no recollection OF senator Coffey ever calling
him by name. He finally admitted that u de-
spatch printed in a Buffalo paper served by the
Chicago Associated Press was in substance tho
one hesent. He said that after Mr.. schoeptiin
had come to him personally and denied thu, re-
port he had sent out q correction intended TO
prevent II publication of the libellous item, but
did not succeed.
knew Mr.. Graham as II reporter and had seen
him in the Senate Chamber taking notes. The
NltuesS was aShcu aUOul u COnVerohllOn ne naQ
with Senator CotfSy regarding tho rumored in
dictnent. Il walked over TO Senator ,Coffey's
story he had been telling. and he replied to tho
effect that he had heard the rumor from out
Persons said he and Assemblyman PHILIP Gerst
went to see Coney. who told them about the
In the afternoon Senator Persons's cross-ex-
animation was undertaken by Mr.. Cuneen.
DO you remember that Senator Goiey came
TO you later in the afternoon and told you that
he had learned that the report was not true?"
g." do not remember"
why did you go TO Senator Coffey 2" asked
Because my Informant had told me that
Who was your Informant" asked Mr.. Gu
Lieut.. Saxton," was the reply.
DO you know whether the Campbell Ice bill
WAS under discussion in the Senate that day -
-! have no recollection. Ny impression is
Mr.. schoepAin was called, and said he had
seen the despatch in q numbsr OF papers. He
II any one had charged him with bribery. Ora
ham told him the denial would go out with, the
s GrsS;s nut s attseGfhl im " 60 Sec Sc ssna Gomez e Hie
went to SEQ Senator Coffey. who repeated to him
what he had told Graham.
Il asked senator Coffey who told him about
It, aud he said Senator Owens had told him."
ceived the despatch testified that they did not
recollect receiving q notice from the Albany
agent of the Chicago Associated Press to kill
After some further unimportaut testimony.
counsel for the plaintiff rested his case with
tho privilege of calling one witness Tomorrow.
Mr. Cuneen moved for a non-suit generally,
alleging that no special damages had been
proven and Senator Cofey's liability for tho
lished;
Mr.. Cofley tended to disgrace the plaintiff. and
The court held that the action for Islander
could not be sustained by the words alleged. but
could be for libel.
In outlining his limo of defence. Mr.. Cuneen
said MI. CnfAy WAS not Acquainted with MT
Schoephin. bore him no malice. and simply re-
peated casually what he had heard and what
hundreds In Albany were talking about, Mr..
Coley did not suggest or ~instigate the publica-
t!on OF the despatch and had no responsibility
for II.
Senator Michael j. Coffey. the defendant. was
sworn. He said he never saw MIR. Schoeptlln be-
fore Schoepfin called to ask him about the re-
port in circulation. Il first heard OF the re-
I'll he said. from Assembiyman Kanc of
Brooklyn. Assemblyman Casey of Albany also
spoke to me on R the subject Sc ala ia, sen IA
in the Senate Chamber that no wanted
to see Owens; he said there was a
indle'ea th "a s Ssmnssit Of ana the T ise SFi' c sss s sIso
mentioned the names Of Campbell and Schcep-
fin. | asked Mr.. Seibold, a New York newspa-
per reporter. II he had heard the report. From
what / heard was inclined to disbelieve the
report. Senator Persons next came to me. and
/ told him who my infornIants were. i did not
say to him that ! thought the report was true:
| afterward went to him and told him I had
been in informed by senator Owens that tho report
had been investigated and was unfonnded."
subsequently, with schoephin. II had no in
tention OF harming Mr.. Schoepflin. On the con-
trary, would prefer to serve him. did not
not aid In its publication
Court then adjourned until tomorrow morn
ing. when Senator Coffey will be cross-examined.
The Weather.
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