The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-08-03
EX-MAY0R FELLOWS
is THEIR BONDSMAN
QUALIFIED FOR LITTLE AND
o'TooLE IN SUM OF $4,000.

dOAblf lhD fOn blIlLb AMI
o'TooLE IN SUM OF $4,000.
At the Hearing Yesterday Morning
Judge Edwards Decided That the
Character of the Libel Warranted
Special Bail and He Asked Each of
the Accused to Furnish $4,000.
Warrant Sworn Out for the Arrest
of Little and o'Toole on a Criminal
Charge-Will Be Served Today.
At the hearing before Judge II. NJ.
Edwards yesterday morning the bail
of Richard Little and NJ. j. O'Toole,
editor and associate editor, respective
ly, of the Scrantonian, was fixed at
$1,000 for each. EX-Mayor John H.
Fellows qualified as their bondsman.
on Tuesday Colonel +. II. Ripple
began an action against the editors OK
the Scrantonian to recover damages
for libelous words printed in that
paper concerning him. An application
was made for larger bail than the
81, 900 prescribed by the rules of court
In consequence of the grossness of the
libel and other features of the case
which warrant special damages.
To give the defendants tims to pre-
pare for the hearing it was set down
| for yesterday morning at 10 o'clock in
| chambers ana in the meantime the
capias was held in the prothonotary' S
| office.
A few minutes after 10 o'clock the
| defendants in the case and their at
torney, r.. II. Holgate, entered the
| Judges chamber and took seats facing
| the Judge. Little was stolid and ap'
parently Indifferent; O'Toole showed
his nervousness by the Clinching and
| unclinching of his hands and by the
| loud tone in which he addressed Little
| for the benefit of those assembled
when he entered the room.
Colonel Ripple was not present bu'
was represented by Attorneys JOSEPH
| OBrien and L. c. Newcomb. A few
| persons edged their way into the
chamber and a large crowd gathered
in the corridor outside and listened
to what was being said.
THE HEARING.
AS soon as the defendants and the
| attorneys arrived Judge Edwards an
nounced that the hearing would be
| gin.
1--WE call Richard j. Little" saiC
Mr.. OBrien.
For what purpose?" interrogate'
Mr.. Holgate.
Fer the purpose of cross eXamiha
tion," was the answer.
"I don't think it is necessary to TAX
any testimony in this matter at thi
time" remarked Judge Edwards
This application will depend entirel.
on the pleadings in the case"
Mr.. Newcomb then arose and ad
dressed the judge. He said:
1--WE submit to your honor the affi
davit upon which the writ in thi
case is founded, in which it appear
two articles We're published in tn
paper alleged to be the property o
the defendants, and alleged, to b
their publication. Both of them wer
highly abusive and highly defama
tory, and were conceived and give
to the world in the utmost spitefulnes
and malice.
This is an appeal to the discretio
| of YOUR honor, and we take the groun
that your honor cannot close you
eyes to the known character of tn
paper in question, namely: The Scran
tonian, in which these articles az
peared. From it's inception it has dc
voted itself principally to scurrllity
it has been the dread of decent minc
ed men, women and children, and dc
cent men feared to have it come int
their houses.
"They started out in their bushes
by leaving their papers gratuitousl
to every house in the community, {
at least have known that they wei
left gratuitously quite generally anon
the people, and the columns of
were of such a character that decer
people could not allow them in the
houses. Now, it seems to us, that I'll
, court is in duty bound 10 take thf
fact into consideration in this appl
cation. 1t has become a foul, lepror
n sewer, and decent people, who haN
some regard for their character, shouI
: | be protected from it's scurrility as cas-
: broadcast upon this community.
COMMUNITY INTERESTED.
e "This suit is not brought by Colon
:, | Ripple so much on his personal a,
count as 1t is for the whole comml
f nifty; it is brought in the interest
, others. and for the public morals
is better that that kind of q pap,
should be put out of publication. TT
= freedom of the press has never bee
so much abused as it has been in tn
h paper, and it is about time that the
:, people should learn that the freCdo
= of the press, guaranteed to them
the constitution, is not unlimited in !
: scope by which they can turn II
:, scurrlity of their paper on people d;
= in and day out. 1t is now quite W.
; known what the character of III
:, paper is: and the character If III
publication, directed against q man
we'll known here for the cleaniine
of his life, public and private, is SUI
that we claim that these people shi
give very substantial bail to answ
these charges-more than the amou
required by the rule of court.
Il 1--WE allege, of course, that they oy
g no property their plant is nothlr
= they own no materials so far as
y known, they own no press of any kir
therefore, it seems to us, that Il
IS plaintiff shall be entitled TO have t
e