Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1912-08-01
PRESIDENT BENTON SUED
Ohio Physician Claims Damages
for Alleged Malicious Prosecution.
TiaInttr Was for Eight Years Medical
director Mt Miami University md
was Charged with Selling
Liquor In Dry Territory.


Moore Of oxford, Ohio against presiden
Guy Potter Benton Of the University oi
Vermont for $4,000 damages on the basis
of malicious prosecution. This is the out
growth Of a case threshed out some years
ago in the Ohio courts having been twice
decided against the plaintiff. 1t is reall,
a contest between DR.. Moore and the
trustees Of Miami University, who have
authorized the employment Of counsel
and the defense of the suit at the OK.
pense Of that institution
President Benton. when seen BY rep.
resentative Of the Free Press. stated thai
this action was not at all unexpected by
him. DR.. Moore Is a practicing physician
IN oxford. Ohio. the seat of Miami Uni
versity, where DR.. Benton was engaged
IN service for number Of years prio,
10 coming to Vermont
For eight years during the administra
ton Of President Benton at Miami Uni
versity, DIR. Moore was medical director
of tho institution named. His duties re
Quired him to look after the health a.
the students and he was responsible fo
the sanitary conditions about the Uni
versity. In 1909 complaints were LODGED
with the president of the university b,
prominent trustees saying that informa
ton had come to them that DR.. Moore.
habits and life We're not all that Shout,
be expected of man whose duties
brought him in contact with young peo
pie. President Benton was urged by thes,
trustees to dismiss DR.. Moore. but upol
his own suggestion he was permltte,
after an earnest talk with the physician
to give him another year of trial.
a ha bol
in the early part Of September, 1910 a,
alumnus Of Miami University charged
that Dr. Moore had sold morphine from
the drug store that he controlled to on,
OF the patients Of sanitarum in oxford
Pressure for his removal then became s,
insistent that President Benton srhmittec
the case to his trustees and the physi
clans on the board asked for DR. Moore
resignation. The request was compiled
with and at the beginning of the college
year In September, 1910. the official rela
tionship of Or. Moore with the universt,
ended.
On the evening of Thanksgiving day fol
lowing. young man of the own secure,
a pint of whiskey which was taken y
one OF the college dormitores and tn
misconduct and damage resulting wer
versity authorities to give official atton
ton to the matter During the in
vestlgation that followed, it develope,
that the liquor had been purchased a
the drug store of the aforesaid Dr. Moor
and that 1t haG been sold by tn, 'pcto
in person to the buyer IT, young maj
who bought the liquor and who took it t,
the dormitory was not "A student in tn,
Sty,ttr
ton. members of the board of trustee
decided that DR. Benton, as the officia
head Of the university. owed it to hi
students and their parents to prosecut
DR.. Moore for the Illicit selling OF in
toxicating liquor in dry territory Tn
president of the board of trustees ass,,re
President Benton before action was take
that the trustees of the university woul
stand behind him in the prosecution
The warrant was accordingly issued an,
the trial took place before tho mayor o
Oxford. who. according to the laws o
Ohio. acted in the capacity of police judge
DR.. Moore was found guilty by the mayor
and fined fifty dollars and costs Tn,
motion for a new trial somewhat later
was denied and the defendant appealed hi.
case to the court Of common pleas. Tn,
judge Of that court sustained the lower
court In every detail and later the defend
ant appealed TO the circuit court sittinl
at Cincinnati. This court recently re-
versed the lower courts on a techncality
and now DIR. Moore brings suit agains,
President Benton for s200O damages or
the ground of malicious prosecution
charging that he instigated the vertiic,
OF the mayor and that the president OF
the university and the mayor were in col
fusion.
The board Of trustees of Miami Tnivcr-
sity through the president of that body
the Hon. Walter l.. Tobey, editor of the
Republican News Of Hamilton, Ohio. has
written to President Benton saying, ANY
attack on you of any character by DR..
Moore will be met with and will he taken
up by the board of trustees of Miami Uni
versity."
Judge Elan Fisher of Eaton, Ohio
chairman Of the law committee of the
board of trustees of Miami University. has
written to the attorney of DR.. Moore say.
ing. the law committee of Miami Univer-
eity, believing that DR.. Benton acted in
good faith and on probable cause Will de-
fend any attack made on him growing out
OF these transactions" Darling e. Mower
have been retained as counsel for MAN
University and President Benton at this
end OF the line ]. j. Enright and V. A
, Rullard OF this city and Charles l.. Hop
ping Of Cincinnati. Ohio. are attorneys fol
/ the plaintiff Judge Elan Fisher of Eaton
I Ohio Judge John y. Van Deman Of Day
: ton, Ohio, and the Hon. +. NJ Coppoclt OF
Cincinnati. Ohio, composing the law com.
uittee of the board of trustees of Miami
. University. are the Ohio attorneys for the
! defense.
1t seems to be quite the fashion to prose,
cute college officials in these days for this
simple performance Of duty. Two differ
, ent suits have recently been entered by
discharged employees against Presiden,
Nicholas Murray Butler OF Columbia Uni
versity. and the public is familiar with the
suit recently brought by dismissed stu
dent against Dean Marion Talbot OF Chi
cago University.