The Caucasian. (Clinton, N.C.) 188?-1913, 1900-09-13
LIBEL CASE
IN DUPLIN.
SEVENTEEN PROMINENT:CIT
HENS OF SAMPSON COUN-
TY DEFENDANTS.
THE PROSECUTORS UNWILLING foa
THEIR OWN couMTYmEn TO vlno,-
CATE THEM-THEY SEEK STRAIN.
GERS IN ANOTHER COUNTY.

WINK IheM-IHkI Skkk SIKkN.
GERS IN ANOTHER COUNTY.
The Defendants say They are Prepared, 70
Prove the Truth Of the Matter CHARGED
in the Libeious Article-DupIin County
Must Foot the Bill OF Cost-Tbe Suit 4,
an Attempt ut vindication OF the Private
Characters OF the Prosecutors and not
for the Public Welfare.
The preliminary hearing in the
criminal libel case against seven.
teen prom inent citizens of Sampson
county, WAS had A. Warsaw. Duplin
county, on Monday the 10th instant,
before J. F. Woodland, justice of the
Peace.
This was the second hearing in the
case, the f1rst being before Esquire
Woodland at Warsaw on the LIST inst.
at which time the Justice. upon afi-
davit of the defendants, stating that
they desired time to prepare their de-
Tense and procure witnesses to prove
the truth Of all the matter and things
charged against the prosecutors in
the alleged llbelous article granted a
continuance until Monday the 10th
inst, as stated above.
j. D. Kerr and q. B. Chestnut, the
prosecutors were represented by Jno.
E. Woodland, of Wilson, N. c., and
n. E. Faison and J. D. Kerr, Of
Clinton.
The defendants were represented
by F. r. Cooper, Esq, OF Clinton.
and n. l.. Stevens, of Warsaw.
The prosecution introduced only
three witnesses. The first two were
citizens of Duplin county, who testl-
fed that they were subscribers to
The Caucasian and got their paper
which contained the article COM
planned of at the post Office at War
saw, n. c. One of these witnesses tes-
tilted that his paper came from Raj
eigh. the other that his paper was
the Clinton edition and came from
Clinton. It was not shown that any
other papers went to Duplin aounty
except to these two men, and no ev-
idence was introduced to show who
sent said papers to Duplin county.
Mr.. E. W. Kerr testified that he
asked Mr.. George E. Butler on the
morning the paper came out who
wrote the article, and Mr.. Butler
promptly replied that he wrote it. No
further evidence was introduced by
the prosecution except the issue Of
The Clinton Caucasian of July 23d,
containing some resolutions drafted
bv a committee at mass meeting in
Clinton q few days before, which
resolutions were signed by the 9th
er defendants, and which among
other things endorsed the article
written by Mr.. George e. Butler
published in the paper the week be-
fore.
The prosecution rested their case,
and the defendants seeing that the
prosecution had utterly failed to
make out their case, declined to in
troduce any testimony whatever
and proceeded to argue the case to
the court upon the testimony OF the
prosecution alone.
Mr.. Woodland spoke for the pros.
ecution and contended that the de-
PENDANTS should be bound over to
the Superior Court of Duplin coun.
ty, that the article was abusive and
libelous and was defamatory to
venerable and grey-headed men
who had lived honest lives, etc.
among the good people of their
county, and, therefore, defendants
should be punished.
Mr.. F. R. Cooper, who ably defen'
ded the defendants, argued to the
court that the prosecution had fail
ed to make out their case in that
they had failed to prove a publica-
ton of the article in Duplin county
that they had failed to connect the
defendants with the article or tc
prove that they had published il
anywhere; that il any crime had
been comm tied at all by the de
PENDANTS, it was In Sampson county
where all the defendants and the
prosecutors and their witnesses re-
side; that while the publishers of q
paper may be liable in an actor
for libel in any county in which
the paper circulates yet these de
PENDANTS who simply read resolu.
tions from a public rostrum II
Sampson county could not be In
dicted in any other county bu
Sampson.
i Mr.. Cooper lauded the citizen
ship Of Sampson county, and de
clared that politics had never en-
tered the jury ~ in that count.
and why these seventeen promi
nent and good citizens Of Sampsol
county should be required to leav
;. 4hoi- oonn&u az proat inconuaniono