Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-04-29
TRIAL OF LIBEL SUIT
Charles A. De Arnaud Claims
$4,000 Damages.
THE HEARING BEGINS
GEN. FRED c. AINSWoRTH, U.S.A.,
THE DEFENDANT.
Attorney DUNCAN Addresses the Jury
in Plaintiffs Behalf - District
Attorney Beach Replies.

After many delays and postponements.
hearing was begun today before Justice
Clabaugh and jury in Circuit Court No.
in connection with the proceedings at law
instituted by Charles A. De Arnaud against
Brig. Gen. Fred. c. Ainsworth. United
States army. chief Of the record and PEN
sion office. War Department. to recover
damages In the sum of $500 for alleged
libel. The case is attracting considerable
attention. When the matter was reached
this morning Gen. Ainsworth and Maj. John
Tweedale. chief clerk of his office, were
present. was Mr.. De Arnaud. The latter
is represented by Attorneys Andrew A.
Lipscomb and William L. Elterich of this
city and Gen. Irwin DUNCAN. formerly rep
resentative in Congress from Ohio. Mr..
Morgan III. Beach. United States attorney
for the District of Columbia, and Assistant
United States Attorney Adkins appear for
Gen. Ainsworth.
In an opening address to the jury Attor-
ney DUNCAN declared that in a certain re-
port Gen. Ainsworth had uttered malicious
defamatory and slanderous words concern
ing the character. life and service of the
plaintiff. Mr.. De Arnaud, 1t was stated is
native of Russia. but was naturalized as
citizen of the United States while at New
Orleans in the year 1857. At the outbreak
of the civil war 1t was added Cen Free
mont appointed De Arnaud captain on
his stan, and detailed him on special duty
within the enemy's lines. The jury was In
formed that Gen. Fremont recognized De
Arnaud as a military expert of extraor-
binary intelligence, and that his reports re-
suited In change of plan Of the campaign
in the southwest. De Arnaud was wounded
several times. 1t was added. and as the re-
suit OF bullet entering his head he lost
his mind and was an insane wanderer over
the world for twenty years."
counsel went on to say that De Arnaud
came back in 1885. applied for a pension
and that Gen. Sickies endeayored to secure
medal OF honor for him.
Another offense Alleged.
1t was next stated to the jury that Cen
eral Ainsworth has slurred at De Arnaud.
and in an attempt to discredit him has
sought to discredit complimentary state
ments in relation to De Arnaud made by
such men as General Fremont, General
Rosecrans, General Burbridge, General
drant ana others. General Ainsworth, &C.
coroing TO Attorney DUNCAN. has prevented
De Arnaud from being awarded a medal Of
honor. and, 1t was asserted, the instance Is
perhaps the most fragrant one in history OF
departmental and race prejudice being used
military officer
In conclusion Attorney DUNCAN said to
the jury that De Arnaud had led an omen.
honorable life; that his social standing was
"SSoAiu ~ Hoilc, anu tQdI ne was the friend
OF great men until General Ainsworth had
pronounced him fraudulent adventurer.
Mr.. Beach for Defense,
In opening to the jury in behalf of the
defendant United States Attorney Beach
said that De Arnaud rendered certain serv-
ices of secret character In the fall of 1861.
but had been fully paid for the same and
had given his receipt for the pay received.
Nothing further was heard of him, added
Mr.: Beach. until a lapse of generation,
and then he applied, through attorneys, to
be decorated with a medal Of honor. The
application. In the regular course of BUSH
ness. was referred to the record and pen
sion office of the War Department. of which
office General Ainsworth is the chief. IT
was the official duty Of General Ainsworth.
said Mr.. Beach, to report whether or not in
his opinion. and from the records, the plain
tiff was entitled to medal Of honor Gen
eral Ainsworth made his report accordingly.
1t was an official act, concluded Mr. Beach.
and the plaintiff is now endeavoring to hold
him responsible as an individual for what
he said in his official capacity
Much of the testimony to be offered VIII
be in the form of official documents, records
and papers. The plaintiff, it is understood.
has summoned seven witnesses.