Kentucky Irish American. (Louisville, Ky.) 1898-1968, 1911-10-21
Sequel to the Alleged Libel Case
of Attorney Daniel Il.
O'Sullivan.
Kentucky Irish American Does
Not Change Its OpiRiOn
of Him.
GOOD WISHES SENT FROM MANY

AS was anticipated, the OcuODer
Federal grand jury closed its labors
last Saturday and failed to bring in
any Indictment against Messrs. WILL
lam NJ. Higgins and John ]. Barry,
publishers of the Kentucky Irish
American, who were held over to the
grand jury on June "a by Commits
sioner Henry Cassin on the ground
that they had sent matter through
the United States mails in violation
of the Federal statutes. The par
ticular article referred to was an
answer in the Kentucky Ifish Ameri-
can of April 10 to the carh of Dan e.
O'Sullivan, which was published in
the Louisville Herald the week pre-
vious, and which was vicious and
unwarranted attack on Coils. John H.
and James p. Whallen, who had just
retired from politics, and the per-
sonnel of the City and County Demo-
cratic Committee and the city and
county office-holders in general. One
particular expression of the afore-
said Mr.. O'Sullivan's was that "the
Democratic Committee smelled to
high heaven with fumes of cheap
whiskey and stale beer Now II
that statement is not liblelous then
the article of the Kentucky Irish
American should have never been
questioned, it being in D review of
O'Sullivan's official career, showing
that in eight years Of De1nocratic ad-
ministrations he had drawn $1S,SOO,
which amount, 1t seems to an or
dinary citizen, should have made
him greateful to the Demo|cratic party
for life. The amazing ahd astound-
ing feature of the whole affair was
that the man who had been bitterly
attacking others in his Critic and
O'Sullivan's Opinion (now in the
newspaper graveyard) for twenty
years, at the first criticism of his
conduct flew to the Federal Court
for refuge.
There never was any attempt of
the Kentucky Irish American to eyade
the law, the testimony of Thomas
Wilson, weigher of mails at the POST
office, being convincing on that
point. Mr.. Wilson stated st the trial
before Commissioner Cassin that the
Kentucky Irish American IN it's thir-
teen years existence had always COM
piled with the Postoffice regulations,
and did so in the particular instance
referred to. The point in question
was the sending of several hundred
copies of the paper through the mails
as sample copies, the papers being
purchased by Frank McGrath, Chair
man of the City and County Demo-
cratic Committee, who wished TO
circulate the article referred TO as
extensively as possible, believing 1t
was a vindication of the Democratic
Committee and the Whallen brothers.
When Assistant Postmaster John G..
Morey raised the question of sample
copies postage the Kentucky Irish
American settled that by paying the
difference, making a flat rate of one
cent per copy. At the time of the
trial Congressman Swagar Sherley
wired here that there was no COM
plant whatever registered against
the Kentucky Irish American and
that the Third Assistant Postmaster
General had so informed him. At the
original trial of Messrs. McGrath,
Higgins and Barry on Friday, April
16, Commissioner Cassin refused TO
permit the article written by O'Sulli-
van to be introduced in the case and
at the'close Of the evidence dismissed
Mr.. McGrath and took the case of
higgins and Barry under advisement
NTH Saturday, June "a, when TO the
Surprise of many, among them several
lawyers, he held them over to the
Federal grand jury TO appear octo-
Der 10.
The Kentucky Irish American is
pleased and gratified at the many
offers Of assistance and good wishes
received while the case was pending,
and desires to go on record that 1t
will defend it's friends and fight tor
right when attacked In the future,
and reserves the right TO eriticise
Dan O'Sullivan or any other who is
guilty OF the same offense.