The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-12-03
Prominent Citizens of the Town of Sa-
lem VIII Appear as Witnesses
This Week.
STATEMENTS OF ATTORNEYS
THE PLAINTIFF, NOW A RESIDENT
OF OHIO, IN COURT.
An Alleged Conspiracy Against Editor
COMMUNICATION I'm Levy Case
The Federal Court.

A jury in Judge Bakers court yesterday
began hearing the testimony in the suit of
d. A. Jennings, a resident of Ohio, against
Eli w. Menaugh and other business and
professional men of Salem, Washington
county, for $4,000 damages. Jennings al
leges a conspiracy TO ruin him. The case
has already attained notoriety through the
complaint, which was filed eighteen months
ago and alleged a continuous persecution
extending over several years. The de-
PENDANTS, he alleges, were responsible for
wrecking his business. dividing his family.
causing his expulsion from a secret fra
ternity and humiliating him by alleged
trumped-up prosecutions and convictions
and, finally, by an assault upon him which
left him insensible on the streets.
Most of the day was spent in selecting a
Jury. The talesmen were questioned as to
their fraternal affiliations and also If they
would feel prejudice against the plaintiff
because he had been expelled from a fra
ternity. They said they would not. They
were also asked their views on white
Gaping and lynching. One, Edward Wool
len, of Vigo county, said he believed the
negro who was burned at a stake at Terre
Haute deserved his fate. He was excused.
OPENING STATEMENT.
In his opening statement w. V. Rocker,
Jennings's attorney, said the testimony to
be introduced would show that a con-
spiracy had been formed by men whom
Jennings was brave enough to denounce in
his paper-the Salem Democrat. He re-
cited the many prosecutions of Jennings
and detailed the assault on the night of
Jan. 30, 1900, when. he said, Jennings was
I1ek 1-s-c fc-a,e;hla In tho znOU
In his opening statement for the defense
C.. c. Hadley said the convictions of
Jennings were the result of his own mis-
conduct, and not because of any con-
spiracy on the part of the defendants.
Jennings had maligned men and women,
had printed scurrilous and scandalous re-
ports with the purpose OF injuring those
assault complained of was not an assault,
but a mere demonstration to prevent him
from adding a greater injury TO some or
the best people or salem tnan ne nad al
ready done.
Jennings sat through the day by the side
of his attorney, whom he prompted in his
examinations. He Is a well-appearing man
of about forty, light-haired and of nervous
disposition. rs publisher of the Democrat
he claims that his business was ruined
by the postmaster of the town giving his
letters to the opposing paper, which he
also alleges libeled him. He charges that
he was prosecuted for beating his wife
l when lie WAS HOl guilty III THAT nlS Cul-
dren were robbed of their garments in cold
weather to humiliate him and force him to
leave the town.
The first witness examined yesterday was
Volney T.. Reed. ~ex-auditor Of Washington
county. and a hardware merchant of Salem.
He testified that on Jan. 80. 1900, word
reached him and Bevity Pace, Thomas
Smith, Asa Elliott. the Menaughs and two
others that Jennings was printing a sour
rilous pamphlet, which he called the
"Searchlight," and intended to circulate
If tho following 6aV AhOnf 4 O'Clock
that afternoon the eight men met to dis
cuss what steps they should take to sup
press the publication. Reed said their hope
was to protect their characters and homes,
as they had limitations of the scandalous
character of the contents. Asa Elliott was
present as an attorney, but he could adj
wise 10 legal method of suppression. The
court at Brownstown could not be reached
in time to procure an injunction, and legal
redress seemed impossible.
WENT AFTER JENNINGS.
The witness testified that he called atten-
ton to the fact that Jennings was down
town and suggested that they go in a body
and demand that he give to them all the
pamphlets and that they destroy them
Acting on this suggestion he said they went
out and found Jennings. There was no vio-
lence used as Jennings alleged. They Off
cred no violence to Jennings. but made ii
plain to him that they would stay with him
until their demand was acceded. After
much argument Jennings consented TO give
up the pamphlets and they were burned
Jennings then fell on the ground and
feigned injury and insensibility. The wit
ness was positive no violence at all was
done jennings.
Reed was put on the stand by the plain.
tin, although he is one of the defendants
He was asked If he harbored i'll feeling
toward Jennings. He said he did. He
would feel i'll toward anyone, he said, who
had repeatedly ibeled and abused him in
print.
The second witness was also a defendant
Simeon Hudson. new prosecuting attorney
for the Washington judicial circuit. az
testified that on the night of the alleged as.
sault, which occurred near his home, he
heard a disturbance but did not know what
IL was. He also testified, on cross-examin.
alton. that Jennings had not complained &c
him of the wrongs he says he endured fol
years. although the witness was assistant
prosecutor, or prosecutor for the last six
years. In fact tho plaintiff had not talked
TO him at all about his troubles.