The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-11-22
CLAIMS NE WIS L|b[LED.
n. n. COyyELLs SUIT AGAISsT Il =.
BALLARD on TRIAL.
Aubsrn Man Asks e2,SO0 Damages
By Publieation In . UewBDaDer -
= Communication ReAecting, He
says, On dis GoOo Name.

A hitter quarrel. that, 1t is said, caused
lively breeze of gossip In the quiet country
town OF Auburn last spring, Is being sI..so
to the bottom IN Judge Benson's depart,
nnent OF the superior court IN the thaa
OF the libel suit Of Herbert y. Conneh
against Leon r. Ballard. Conneii, the PLAIN
tiff claims that he was damaged in the
sum of 1850 by the publication in the Az
burn Argus OF communication signed by
Ballard.
Couneli says the article although no
names were mentioned, was intended to
refer 10 him, and did refer TO him. ana
was known by the people OF Auburn TO
refer to him: and was intended TO charge
him, and did charge him. with being unJust
and dishonorabse fool and an urintelli-
gent blackmaiier and extortiontst- All with
the effect, Connell says. OF causing Elm TO
lose standing In the community ana 10 Dc
Connelfs story, al told in his complaint
and yesterday on the witness stand. is that
about two years ago he entered the en-
pioy of the defendants mother, Mrs. Ia
W. Ballard. who lives on farm near
Auburn. az q farm hand. Last April, he
claims, he quit the Job. and then q dispute
arose over the balance due him for wages
This dispute he was anxious TO have sub
mtted to arbitration. but the Billiards. were
not willing.
The fact that he was involved In such a
dispute with Mrs. Ballard and her son.
connelI says, was well known In the COM
munity about Auburn. and therefore made
1t easy for readers Of the Auburn Argus
to recognize him as the person referred
to in the article In question. which was
printed on May II. and which, he says.
Is fun Of pointed references and insinua-
tons too plain TO be misunderstood.
A copy OF the newspaper containing the
alleged nbelous communication was intro
duced IN evidence. In II Ballard says,
among other things:
II am tired of hogs. both human and
animal. i am tired of ingrautude. for II Is
the basest Of all crimes, and l am tired Of
the environment that chains me To sucn
beasts.
.'Oh, how we hate the Kissing snake, the
stinging gnat, the buzzing fly and other
THE life one must lead with such an OBJ
ject in the house would be tribe less
pleasant than being drawing-room board
er In Sheol."
Billiards. defense, which throws consid-
cradle light upon the PLAINTIFF claims re-
publication. is that Cornell was never en-
ployed by Mrs. Ballard but was taken into
the Ballard household out of charity, was
given q good home for two years. and then
repaid his benefactress by attempting to
extort wages from her under the pretense
that she had employed him as a servant
The trial of the case yesterday was
marked by several passages at arms be-
tween the attorneys for the parties. by
many laughable bits of testimony from the
witnesses. During the examination Of
young Ballard as a witness in hts own be-
half he was asked how Conneil made any
money II he obtained only his board and
lodging from Mrs Ballard.
oh" replied the witness in substance
he got elected secretary OF number Of
secret lodges and acted as janitor for the
hall at 81 a month. and he did a little under
taking business on commission for a Seat
tie firm. Sometimes he worked OUT. and
once and a while he wrote something for
the newspapers-some Of the Seattle pa
pers."
Verify a man OF varied talents and oc-
cupations." remarked one OF the lawyers
soto voce. and the spectators smiled
The publisher Of the Argus was one OF
the witnesses sworn by the plaintiff. From
him the lawyers tried 10 prove that IL was
Billiards. intention to refer to Connell IN
the published communication. and to no
other person But the publisher was a wary
witness.
II though that there might be- a good
many people In Auburn TO whom 1t would
apply" said he with a SMILE land
thought that anybody who considered 1t
At him might apply It to himself. But
did not know that Mr. Ballard meant TO
refer to Mr.. Connell. i only suspected that
be might mean Mr.. Connell.'
The case will be- argued and submitted
to the jury today. the argument having
commenced yesterday evening.