The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-08-03

Newcomb is an appeal based upon
something not before the court at all.
Your honor very properly said that
they should be confined to the aver
ments contained in the affidavit. This
proceeding is based upon that and not
upon facts that are cxtrinsic TO the
case, to wit: that this paper Is
common sewer, full of scurrility, etc.
l take 1t that this affidavit is before
the court upon what IL contains, and
this matter must be disposed of upon
what is contained in this affidavit IL
is an affidavit in which Mr.. Ripple
AYERS that he has been traduced IN
this paper.
WANTED BAIL KEPT DOWN.
"If the matter contained in this
papcr is true il is q perfect defense.
Mr. Ripple, as Mr.. Newcomh says, does
not bring this suit so much for hirn-
self as for others; that he is not In
iured but that somebody else is IN
jured. 1t seems that under all the
averments in this case these defend
ants should be kept in bail in the nor
NAL amount as required by rule OF
court.
1T seems tc us that there Is moth
ing here that moves your honor to
require these parties to give any more
than one thousand dollars bail as re-
quired by rule of court. That affidavit
is purely a personal matter. 1t won't
hurt Mr.. Ripple if the articles are
not true; If they are true it Will be
a perfect defense.
Mr. Holgate then turned humorist
and said the case at issue was perse-
cution, not prosecution; that this was
| but link in a chain of cases brought
against the defendants.
He pointed out the cry the Scran-
tonian will now set up. Because a man
has at last stepped forth who has the
| courage and the determination to see
| if the law cannot offer protection from
such libelous assaults as have for
months filed the columns of the Scran-
tonian directed against the best citi-
zens of the city, they are forsooth be-
| ing prosecuted
| Mr.. Holgate uttered the word perse-
cuted in an apologetic, Ive-got-to-
do-it sort Of a way, and then looked
at his clients. O'Toole was doing his
utmost to look like a martyr. Little
| was as stolid as ever.
A quiet smile played over the faces
| in the audience.
In concluding his remarks. Mr.. Ho!-
gate said: 1--WE think this proceeding
should be carried on IN due order only
and that the defendants should be held
in bail only as required by rule of
court"
MR.. O'BRIENS REMARKS.
In answer to Mr.. Holgate, Mr..
O'Brien said
"Your honor stated that this matter
must be disposed of according to the
pleadings. If that be true, the plead
ings require bail in a larger amount
than that required by rule of court II
is stated in the plaintiffs bill and the
affidavit to hold to bail that Colone
Ripple is the postmaster of this city;
it is also set out in the pleadings that
he is a federal officer, to wit, post
master of this city. There is no ques.
tion about this that if a man holds a
public position of any kind and he be.
comes traduced and libelled, such as ir
this case, as such not only him.
self but the whole public community
becomes Interested. Not only the peo.
| PIE Ol DuL III lulS cast lllt
federal officials must take notice of it
therefore, how can you possibly tak'
this to be the case of a private indi
vidual alone when you take the plead
ings into consideration?
I'VE say that the rule of court wa!
intended to meet ordinary cases only
to meet ordinary cases of slander anC
libel, and will your honor say whei
you read these articles. leaving tn,
newspaper out of consideration entire
ly, that ordinary bail is enough. The!
say that Colonel Ripple is a cor
rupt politician, and that he ha
done more to corrupt the polite
in this county than any one else
that he is hypocrite, and tina
he is depraVed. Is that the kind of
man that should hold public position
Is not the whole community and tn
: federal officials interested in the out
come of such a case as this? We Sc
all this out in our pleadings, and W
} say in conclusion thereby meaning I
, charge your deponent with the Grim
: of violating the election laws of tn
commonwealth of Pennsylvania, an
other offences
NOT AN ORDINARY CASE.
1--WE say, your honor, that this is no
an ordinary case of libel or slandel
. and that if it is more than an ordinar
. case the court ought to make an orde
:, requiring them to give more than tn
ordinary bail.
I'VE set out here that Mr.. Rippl
. is both a private citizen and a publ
, official and we further say that th
. defendants in the publication of th
!, articles above recited intended I
: charge the plaintiff with having con
. mitted divers and sundry crime
:, against the election laws of the con
I, mOnwealth of Pennsylvania, and wit
> having so misbehaved himself in h
9 public office as to render him liable
. become charged on the part of IL
4, pOstoffice department OF the feder
\ government of the United States wit
II such misbehavior and misconduct
:. office as to render him liable to q
: official investigation and removal fro
his said office And the plaintiff sa!
=, he has been especially damaged al
" injured in respect to his said ofIici
7s position, as well as having bee
, brought into reproach, and has sufferC
's in character and feelings toan amour
o which exceeds ten thousand dollars.
ITO quote one of the articles, tn,
say that Colonel Ripple is literal
4 stepped in political corruption and Il
Il blackest Hypocrisy That is the fir
i salutation, and then they go on in tn