Evening star., 1898-05-24
SCHOOL GIRLS IN COURT
Miss Macomber's Suit Against Mrs. Sara
Spencer.
The Case Goes Over After Some Testi-
mOny Is Heard-Judge McCOmas
Makes Some Remarks.

Mrs. sara A. Spencer appeared before
Judge McComas in Circuit Court No.
this morning as defendant in the action
brought by one of her former pupils, Miss
Mira +. Macomber, charging libel and
SANDER. and asking s25.OaO damages.
1t was finally decided by the judge that
the words used by Mrs. Spencer, as stated
In the declaration, were not actionable, but,
cverruling objection. he permitted juror
to be withdrawn and the declaration
amended. The ease goes over to the Octo-
ber term. and will be tried next spring.
The trial drew more pretty girls to court
than have been there for many terms Mrs.
Spencer Was accompanied by sixteen of her
teachers and students. all in bright sum-
mer costumes. and Miss Macomber also
was surrounded by a score of her sympa-
thetic girl friends in their prettiest attire.
The hearing rivaled the Canty case in pub
nc Interest. and MANY who were attending
the murder trial Withdrew and crowded
Judge McComaS' court.
AesSrs. Fits and Keigwin appeared for
the plaintiff and Mr.. Darlington for de-
feHdant. A jury was called, and then Mr..
Fits made his opening statement based
upon the declaration. The suit was origi-
nally filed March ~, 1887 and the COM
plaint stated that "the plaintiff has hereto
Tore sustained an unsul.ied character and
reputation. and has but 1ecehtly arrived
at the state of wonalnood or that time
TINA BILE value to her"
1t then recites that Miss Macomber had
been attending the Spenceridn Business
College since October rS6 and shat on
March II. 1897. Mrs Spnn GER dismissed her.
alleging that she was oi Il bad character
and "A unfit person to be associated with
the students
The declaration charged also that Mrs.
Spencer en- the. same day said in a loud
voice to Georgia F. McGuigan and others
that plaintiff was a girl of bad character
and an unfit person to associate with my
girls and If she had any character left
she had better go home before she lost it
all"
The complaint further alleged that Mrs
Spencer sent the following letter to plain
tIHs father, George L. Macomber of East
Monmouth Me.
Your daughter. Mira A. Macomber has
this day withdrawn from this college at
MY request. 1t was not advantageous for
her to continue il attendance and nothing
l could 90 would make any change for the
better 1t would not be of any service
1or me TO go into Details but l would not
willingly consent If she We're my daugh-
ter, to her living away from home under
any circumstances"
Mr.. Darlington waived his opening and
the testimony was offered.
Miss MncOmber Testfnes.
Miss Macomber. the plaintiff, a good
looking young woman, becomingly dressed,
testified to the facts alleged in the deciara-
ton. She was followed by her aunt Mrs.
McGuigan, and her father. Mr.. Macomber.
who presented in court the letter. quoted
in the declaration. which he had received
from Mrs. Spencer, and who said also that
is daughters health had been injured ty
the charge brought against her. Miss
Mabel Hopfenmeier also told that Mrs.
Spencer had declared Miss Macomber was
unit 10 associate with the students.
Mr.. Darlington owed that the case lie
taken from the jury and dismissed on the
ground that the words complained of are
not actlonable. This was strenuously re-
sisted by the plaintiffs counsel. The
judge sustained. however, the point made
by Mr.. Darlington
To Amend Declaration.
Mr.. Keigwin asked that the Plaintiff be
allowed to withdraw a juror, to amend the
declaration and continue the case till the
next term of court. Mr.. Darlington con-
tended that the case should be dismissed,
and that it would be impossible for heads
of educational institutions to govern prop
erly their students and exercise the essen
tial moral discrimination if they were to
be held before courts upon libel and SLAM
der charges based upon remarks made in
the privacy of the school or in letters to
pupils parents.
Judge McComas held that there was a
defect in the pleadings. The words said 20
have been used by Mrs. Spencer, he held,
are not actionable as alleged in the decla-
ration. He granted, however, to PLAINTIFF
the right to amend and continue the case.
1T appears TO me. from the evidence pre-
sented for the plaintiff" said Judge Nc
CO mas, that Mrs. Spencer was reckless in
the use of ner tongue and reprehensible in
her accusation of the plaintiff. If it should
be proved that she used the language, then
she should be punished"
Judge McConfas also said that every op-
portanity- within the law, should be given
the plaintiff to establish her case. as it is
his opinion that from the evidence. the
reputation of the yourg lady had been un-
tarnished prior to the occasion CON-
planned of, but. ne ADDED. for the benefit of
Mrs. Spencer. that the case should next be
til l.<.fc