The Washington herald., 1921-05-29


ployed as stenographer under an
officer of the army. referred to
therein as Major Inkinpen." and
his assistant, an officer OF the
army referred to therein as sCap-
tain Rarehorse," in which chapter
the said Major Inkinpen" and the
said Captain Rarehorse" are de-
scribed in language intended TO
belittle them and subject them to
ridicule. the said Major Inkinpen"
being intended to characterize
Peter c. Harris, now the adjutsnt
general Of the army. his officiai
superior. and the said Captain
Rarehorse" being intended to char
acterize Frederick w. Lewis. an of
ficer of the United States army on
duty in the adjutant generals Of
flee, said article being written
maliciously for the purpose of be-
littling and of subjecting to ridi-
cule the said Peter c. Harris, and
the said Frederick w. Lewis. and
of bringing discredit upon the ad-
ministration of the adjutant gen
erals office.
Quotes Part OF "Novel."
The second specification made by
Gen. Harris alleged that he and
Col. Lewis were described in terms
intended to belittle them and sub
ject them to ridicule and bring
discredit upon the administration
of the office of the adjutant gen.
eral of the army" The third speci-
fication quoted a reference in the
novel as intending to characterize
Gen. Harris under the name of
ma jor Inkinpen" as follows:
'I have known him to let
clerk, who had taken some proofs
to house on a Sunday, remain out
side in a beating rain while the
major himself stood behind the
closed vestibule door reading over
the proofs"
Gen. Harris alleges that this
statement was false and that II
was written with malicious pur-
pose of injuring and bringing dis
credit on him. In his reply Quinn
submitted this statement of the
case from his own point of view:
The basis on which the charge
and Specifications rest Is the ale
CATION that two certain characters.
to-wit: Major Inkinpen and Captain
Rarehorse. who figure in a story
entitled The Lair of the White
Lion now running serially in the
Reclassiicationist. a weekly paper
of which am the editor-in in-chief.
are identical with, or intended to
be identical with. Peter c. Harris.
the adjutant general of the army.
and Col. Frederick w. Lewis, ad-
jutant general. respectively. ana
that those two characters were
drawn maliciously for the purpose
of belittling and subjecting those
two officers to ridicule.
Identity Improved.
Unless It be shown that those
suppositious characters are in re-
ality identical with the two living
persons named. and II shown TO
be so identical with those twwo
living persons, that they were
drawn maliciously for the purpose
of belittling and subjecting them to
ridicule, the charge and the speci-
fications must necessarily fall. be-
cause otherwise they would have
no basis on which to rest.
Nothing has been offered to prove
such identity or such intent beyond
the mere allegation itself. and 1t
would be in contravention of all
of law and equity to pro-
ceed to the dismissal Of an employe
of the government on no more sub
stantial grounds than unsupported
allegations. That is particularly
true when, as in this case, those
depend solely upon a
state of mind. namely, a belief on
the part of two individuals that
they are Identical with two charac-
ters in a novel. and that it was the
intent of the creator of the two
characters to malicBusly belittle
and ridicule them.
ITO the charge and specification
I, therefore, enter the plea of not
guilty and that plea is, 1t is be-
lieved. fully supported by the fol-
lowing specific answers to each of
the specifications"
Cites Thackerny and Dickens.
Quinn's reply Is as novel a piece
Of literature as has appeared in an
of1cial army report. 1t is, in part,
as follows:
1T is submitted that the char
acters referred to are not describ-
ed in language intended to belit-
tie them and subject them to ridi-
cule. and the following is advanced
In support of this contention:
The Standard distionary defines
the word 'belittle' as follows; To
detract from the size or value of,
1isparage, depreciate.'
The same distionary defines the
word 'ridicule' as follows: To cast
upon. make fun of, mock
at, deride.'
Maj. 1nkinpen and Capt. Rare
morse, being characters in what is
plainly shown to be a serial novel
and what was plainly announced
prior to the beginning of its pub-
lication as serial novel. couId not
be either belittded or ridiculed Tbis
Is manifest, because characters in
all such stories are necessarily nom
existent, composite things, intended
10 represent virtues, vices and fall
ms that are common to mnkind.
Are Merely Characters.
Therefore. while the reader of a
novel may be stirred to emulation
by narrative of supposed heroic
deeds, moves to merriment by a re-
cital OF supposed numerous actions
Or sayings, or filled with pity or |
contempt by the doings of supposed |
or contemplate characters,
and not the characters themselves,
that affect him. For example. II
can hardly be said with sound rea-
oning that Thackeray. in presenting
Col. Newcome. praised him; the col
onel was merely composite, imag-
mary character in whom the author
depicted nd lauded certain admir-
able qualities Of heart, which he
was thus enabled to hold up for the
audation and approval of ali right
thinking people.
L 4.