Newspaper Page Text
3 LEAVENWORTH WEEKLY THE o TIMES I L L EitaMUbed, 1855. I VoL 24.-3TO. I" f LEAVENWORTH, KANSAS, THURSDAY, JANUARY 24, 1S78. f Ctinsicrviulve Established by D. it. Auttiouj, , J.nuu.irj, 1SG1 dUecItln ggimts I tmimoSV OK WITNBsbES DANIEL It. ATHON x . yoa- office for any of those hand-bills and If "" .... V I ' ..i.i ,r,. tilrl anil mm? liV lllm aQl) TOUT CHARLES II. MILLEIL J i jjefendant asked the court to lnstiuct the i-t.nrlcs IT. Miller being duly sworn. ku- wimtM loai ueue-ou nuiia -- -f, inane ."" -- e, t , .,., ,,. mrrlmlnate himself. I ... -i. r...inn, fnr nnhllshlni and clr- a miction and answer from this deposition, 'V,'""J""rt hill thathas been present- .. .....e, .... uhMher Mr. Miller came w i tuiai.us ""----,,, .fh fl, THUKSDY, JANUARY 24, 1S78. m fnllnuH? Ci Are j ou the defendant In this case? A I am. Q-Col. Anthony Is the plaintiff? A Yes sir. . . . ,. , cji-tatc if yon did not aid and assist in CUlng printed a paper that read like this? Defendant objes-ted as incompetent, irrele vant and Immaterial. Objection overruled. a i Hiititf , uiuupt ffiA miesllon for the i " ...... . "- i , . , n rea&on that I am credltamy lniornieu """ " THE VERDICT. On or about the first of June, 18 , just previous to the date fixed for the meeting of the Kansas Editorial Association at Lvenworth-some pe- P-J i &&T$& that time unlcnown, raaiicu, auu ,...,.... .. in-inking a criminal pKCTini-;'-j among the edit.s of the State, a ?WS2 me "iunSS .scurriloushandbill.makingamostdiolsilical, attack upon the reputation ot Col. D. Ii. miui tend to criminate me in such prosc-cu- Anthonv, of the Leavenworth Times. The I u.j!;e ..lalntltTlnsisted that the witness an- view that . taken by the editors of the - &-, State of this infamous act, and the opinion hw, r nm;iit tend to criminate him. . Tit.MinTi 1 ne witness is excused from an- thev entertained of the man who did lt.may u ,.,.,, 1ecauv; he says the answer might of av ...... 1 ... allil ltl-ltf Ill III. ! o Iovou reiuse 10 answer on me unmuu Hint the answer mllil tend to criminate be learned from the large number lrarl which we nrint elsewhere on this . -, . - f ! m..ne .if. page under the heading ot Upinions oi - AYes Bir lf tnat i,an that can do down. the Press." and wherein will be found ex l pressions ution this subject from nearly all thcpajiersin the State, embracing many that were at that time bitter political opjio ncnts, and also some tint were personally unfriendly to party assailed, but the outrage was regarded as one of such a diabolical character that every decent joumali-t in the state of Kan sas, without regard t jiolitical or personal affiliations or differences, felt it to be his duty to condemn the act as one of unsur passed atrocity, and its author as one who had sunk so low in the estimation of his fellow-men as to lie unworthy of a place within the pale of civilized society. On the 17th of June, 1S77, these notices were published in The Time.-., and were thus referred to editorially: rciiLic oriMOT. hirne creature, with very little manhood ami less sense-, m nt to the arious patiers of the stitt , ulsiut two k Hgo,au anony mous and scurrilous circular, attacking the character of Oil. 1. It- Anthony. A very small degress of manhood would make one scorn toe naje In such a work. and an in-fltiltesiiiHlel-ir- o'wn would tench him that anonymous attacks in only those who make them. THE Tivti-S has thus lar made no reference to the mailer, and It has been our Intention not to notice it at all; but tho resjionse of the press lias lieen one of such umiiliuouscoiiileiiiiiatloii, that we cannot n-slst the tmptatiou to copy, during Mr. An thonv 's absence, what the papers says about thlsmirtu of warfare. The circular was not signed, and we do not know who was rcsK(ii-slbleforse-ndinsit, nut If Hie author will end the extracts which we give below, he wlllhnve-no trouble in ascertaining what the pfipersiif Kansas think of hlin.atid his Silrty work. It will Is- observed that many of the HKr, fnir which we copy, are among tlie that have most bitterly opjKised Mr. Anlhoiiy sillllcally, but all make com mon cause against the miscreant who- reirts to such dastardly measures. We commend the followliii notices by the press of the state to the author of the anonvmotis circu lar, and hoi he will give them a careful perusal. Very little, aside from the above, was cv er published in Tin: Timis in resard to the matter, but when Col. Anthony returned from the editorial excursion he went to work as was clearly hisduty lo himlf, to his family, ami to the public to gather up what evidence could be found bearing upon thecase, and to collect all the facU attain able that might aid in di-covir-ing the jicrpetrator of the outrage with the view to bringing him to justice in the courts. When sufficient evidence had been secured to warrant the attorneys in the lmiitf that the author of the infamous act could lie identified and convicted, suit for libel was in-tituted by Col. Anthony in the District Court of ix-av- nworth county, againt Charles II. Miller, I'. S. Marrlial for the State of Kansas, and the jury after an hour's delilieration, returned a verdict of oiuJjr, thus recording it as their judg ment after listening to all the testimony on both sides, tlfct Mr. Miller was the partT who had committed the act which the press and jieople of the State of Kansas had pro nounced one of the most infamous on """ , , . . . . A Yes sir, I tlrfnk he stuck some In his We append hereto beginning at top pot? ,. - - -,i..mT o f.,11 ronnrt f tin. Q. What expressions of ill-will or hostility of adjoining column a lull report ot the dH ,,e make towards Col. Anthony about misi,lin:rs in the case, venam imiuaic- ine ume iib wiis muc iwii. -roilouii that way. ie whether vounau mat paper or uue . lo It lu jour possession ? j 1 Have. U htatoif jouhad any lu your jiosslon in June, ls. . , Defendant objected as incomiient, irrele vant ami Immaterial. OlijfCtlon overruled. A Idld. O here? , , A In my ofllce. In 1. II. Coney's room is wheiel received them from I'. II. Coney lu lierson. q When sou received them fmm Conej- In person w here did j ou take thtm? A To my olllo". y-Where is our office? A lu this building, down stairs. t Horf many did jou git from Cone ? A I don't know. H Was II a large package? A It was. H Alsiul last June was It ttat you got that iKik.gefioniOjney? ... A I sup); so, I don't remember the Qlf)o you recollect there being an editorial associatl m here on a in,-etlug of the editors of the state? A I llleve there was. li Was It shortlv licroro that inciting jou rei-elved those from Com- ? A I don't reim mber exattly. O What Is vour lM-t nr-ollectlon? A 1 1 w ..s uls.ut that lime, before orafter, I am i.ot iwiltlve. ij You si oj recti ved a packaa. from i . II. Cone atnlsollic? A At his room. Q What did ou n-ceive it for? li.fi-ncl.Tiil oiiJecUsl as lucomielent. Irrele vant and immul.ilal. Objection sustained tj Did ou ever receive more than on jiackMge fnim hliu? A osir, only Ihoone. II Mat If u n-ceivedor had In jourof flee any such papers lu tnelatttr jsiri of Oc tober or In ovenibr, lsTtf? A There weiesoma there. o What wasdoiie with those papers? A I don't i meiiibvr w h it liecime of them all They wi- llns around lespse in Hi desk and in lliedtawers in the iiihce. li You know 1". II. Coney, do ou not? A Yt-Hidr. ... ii-.iuti urliethf-ror not In anv of these large haiid-billsou saw this small one or one small one or one similar to it, containing the same matter? DefuidHiit objected as Incompetent unless coiilinrd to the Meutical pajier shown the witness. (ibjction overruled. A I donl know u as I have ever seen them toethi r except as they w ere show n to lue at Toiiesn. , , . o v.oudMseelliein together at Topeka? A YVsi-lr. Oil. .Nitrite showed me some; I don't remember that they were together then II. J. KkLI-Elt'S TESTISIOS: V. D.J.Keller being duly sworn, testified as follows: O -iNtatelf you ever saw a paper In sub-t.-ince similar to this one? iNhowlug the large hand-bill. A I haw, vrith tliesame matter printed on lu QDoyou know Chas. II. Miller? A Yes sir. ytate w hether or not you liav e everseen auyln his miss-ssoii? A Y'essir, I have. 6 When was It? A I think if wasduring the canvass wh n Geo.T. Anthony was a candidate for (lover- uStatelfjouMw any after that? A I think I haveseen them in the olhce since that time. eDovnu recolltsjt about the time there wusan editorial convention here? A I remember something about it. i tate whether Mr. Miller handed you any of those p-nersnt any time? A Yes sir. Ho handed me one of those. Q-.tale what. If an thing, ouever heird Miilersny he was going to do with those pa liers,orwhatdld he do with any of them? A I don't know ththedid an thing with them In particular. There w as a roll of those bills that he kept In the desk. The tirst I rversawof them he look out a roll of the bills and handed me oue. He asked me lfl h.id sseu tliem; 1 said I liad not and looked it o-lst.ite lfyou know an thing about his going to Toptka or Atchison and taktug any of tho-e bills with him? A I saw mm take a few of those bills atid put them in his pocket on going to Atchison out time. He took them out of a drawer and unrolled them and put a few lu his pocket. I don't know that lie was going to Topika that day ; he said lie was uolng. l lnd he go to Ixith places ? A No sir, not tliesame day. o You mw him takeout the papers and put . ,.. i.ld ru.L u, tin milnir ti XniM-lra? SUM1C iiiajwv.-.vH Mu. n - - rial portions of the testimony are omitted; all else is given verbatim, as taken down by the official reporter of the court; mis mi'ji oriMojr. g We give in our supplement this morning a large number of extracts, taken from the ncwspajiersof the state, to show what the editors think of the "infamous handbill" and the man who circulated iL As we do not wish to discriminate against any one we give Mr. Miller, him-clf, a chance to show that he, too, considered the document infamous. The original of the following let ter is in our possession : John C, Murphey Esq Dear Sir In regards to the publishing and Circulating the infamous circular refered to In the suit 1,1-mieht bv Dr. IL Anthony. I will give ou in,y word, as; a, gentleman that I am Inoocnt of having any thing to do directly or Indirectly with the same. yours respectfully Chas. II. Miller. XIIE HIAKSIIAIAIIII. The "Washington correspondent of the Jiansan City ISmu writing under date of the j 3th eays; We are adv teed that Marshal Miller will be here next week to explain the crookedness of his accounts. It strikes me that the leas he explains the better it will be for him, for It Is absolutely certain that lf the subject U Ju dlolously InTostlgated, Jt wU land one or two parties In tlie penitentiary. Reierrlng U) the Marshal's matters reminds roe that the Comptroller of the Treasury has requested the department of Justice to order aultsaalnst ex-Marshal Tough and hU bonds men Tor the shortage In his accounts, which has beeq standing so long unsettled. Break ers ahead. THE IXBIAX BUREAU. . Secretary Schurz in an interview Tues day said that Prof. Seelye'g statement shows A If It was at the time ho handed that pa. er to me I can't state. Q Y'ou soke of seeing them on different occasions ? A YVh sir. ,, , Q On one of those occasions, what did he sav ? , , A At the time he put those papers In his pockeL At other times when sie!iklng about this publication, he exirss-d some feeling. Deleudant objected to the witness slating t-wlial was said at any other time. Oblertion overruled. H What w ere those remarks with reference to his feeling toward Col. Anthony? A I have heard him say he w as a damned son of a bitch and the charges were true. Q You have heard him muke those re marks ? A Yesslr.'vN Q I understand you to say that at one time he went to Ills drawer anu took out the iiacknge and handed jou oue. v.- sir. there was oultearoll of them. First he nked me lfl hail seen those hand bills In reference to Anthony. I said I had not, and he look out the roll and handed me oneoimc mils. y q Do you recollect what expressions if any of ill-w 111 or otherwise he made at that time? A I say at that time I don't remember what was said. It may have been at that time he made those remarks. I remember his making those remarks lu reference to the matter contained therein. li -Do you remember of there being an edl torlal association here last June? ssss A lessir. Q Was It before that that time as you re collect? A Yes sir. It was before that time, o State if Mr. Sillier has not been In the habit of traveling a great deal over the state at tnat time T A He has. C. J. 8MITH'S TESTIMONY. CJ. Smith being duly sworn, testified as follows: Q What business are you engaged In ? A The printing business. n Look at this printed matter, and state If s on have ever seen the substance of that be lore? (Showing the small haud-klll.) A -I have seen that before, o State who. II anljody, came to you to ot,....- . n..nni.tnn la rAinneteau out if the witness says his answer might tehdto criminate himself he is not obliged to ans- WA-I am not positive whether he eame..ln May or June, but my Judgment is that Mr. Miller came to my shop to Bet some of those bills or to converse about them. I had a number of them and had putill.ueu anu i cir culated them before that time. Mr. Miller came there and talked with me about pub lishing the circular again. I told him I had a number of them and I went to my room to get them. I don't know that I ever gave them u Mr. Miller, but I Intended to give thtnito o Was it the agreement with Mr. Milhr that they were tobe left at your shop or our room for him to get? A-l dont know that that was the agree- "V-Let me read you an answer you made in joiirdeiiosltionto this Mine question, and tlien suite wliat jou say t.. that. Defendant iojecieu ioauu - - of their own witness. ObJeCion overruled. A I notice f'om my statement there that I aswer,sl,esslr. That ma v have nmj lol-inbTrltnow. He had a talk about those circulars, the large ones and I wa-s o give him some oi tliem, uui '"' w ",-,--be leit at my shoii or at my room I can t les- "(i'-Did v ou ev er hear Mr. Miller say he got them? o-Did'yoii or not atthatconversatlon with Mr.MlllerobJecttosendlngout those circu lars w Ithout a signature ? uZ Where were they to be sent? To what place-, if and. were talked of lu your conver sation with Mr. Sillier. A-I don't know that any such conversa tl n occu.Ttd;ll may have, but I don t know l,'o-D?d MMlIbi favor sending out those circulars with or wlthouta signature . A-That I don't know. It seem, to raj that he favored sending them out without an signature, as originally published, if the wereetfersent out- .,.. Q-state how m iny different conversations you now recollect having with Sir. Miller in reference to sending out these hand bills? Qllhdjoukha0Ce'moro than one conversa tl.iii with him? lioTouifave more than two conversa tious with him ? v I presume I had a dozen. o-tate whether thoe conversations were between thelst of Nov ember, ICC and the -8th a "p'resumo It was between the month of Xoveiuoer. ls7b,and now. Q-lateif jou can, how many conversa tions ou had with SI r. SI llie r in reference to Uil" subject from the tlrst dyof ovemler. lsTG to theSStli day of June, Is... A I presume most of the conversaUons were as to the truth of thosecharges. o-ilow many conversations aid you have about sending out those bills? A It would lie Impossible for me to tell. o Y'ou had a great number? A I presume so, I have with most every 0,Q-tldyou ever see this little circular or oneslinilartoit? -i,i A One similar to that has b-en printed and I saw it at various limes when my dep osition was being taken, l ouij saw iu-. while giving my testimony. Q Slate whether or not Mr. Sliller ever told ou he would like loget some of those bills? A I think ho uiu. o-tale what reply you make to his re quest. ..,, a -,l.. tliein A i presume i ioiu mui a ,. ,,. . . to him. , A. . Qs,tate whether j-ou opposed getting out the Utile circulars? A I think I did, without a signature. li You wanted a signature lo the little hand-bills? A To the whole matter. (i When Sir. Sillier came to getthose. was not that w hat j-ou conv ersed about ? A I presume we conv ersed about that. O .Mute whether or not at the time. Sir. Mni.p.jtn.tfim.i iIim linil-hills vouaud he did not converse about sending out the bills and jou were opposed to sending them out unless a signaiuier wsiac. .... . A I thluk I did. . , , li .Ntute whether or not he was not In ro- vorofsoiidliig them out without any signa ture? . . , Delendant objecteet as immaterial. OlJ ctlon ov ei rultsi. A As I belore slated, I don't know what you mean by sending them ouL If it was to e-ire-ulatethem all over thestate, I don t un derstand that wasthe fact. The question as to pub.Lshing and circulating it again with or without u signature was talked of J pre sume; the conv ersalion was so general that It Is hard to recollect li. niiuiwHitit testified he was in favor of sending them out without a signature . A If he was lu Javorof sending them out at all, the was In favor of sending them out wlthouta signature. It was cousiuereu i much honor for any one man to sign then alone. . ... , , t liI)oyou remember tno euiioriai aasotia tion that met here in June, 1S77? o How king before that was it that Mr. Sliller came lo our shop to get those hand bills? A About a month, I guess. o tate wheaieror not In any conversa tion jou had with Sir. Sliller, the question witsdicussesl between Ouand htm in retrr nce lo the propriety of sending out thiw; hand-bills to the different editors throughout the state? A I presume I suggested that course. i-tate whether or not that matter was dl cussed between jou and Sir. SHLer lu some or those conv ersatiousT A I presume It was. .... li Doouwish to say to the ;urythat it w ies so discussed ? A Y'esslr, it was so discussed between me and Sir. Sillier: that Is I understoiKl It as be lugdiscussed, I cau'tswear positively It was. Q Do j ou recollect about the time theedi torial association met here? o-State whether or not j-ou"recoIlecteelng a lot of those papers generally distributed at or about that lime, nerein unsiuji A lulu see several niMnuuieu, i cej prominent, notlceablelplace. O They were put up in the night? A Yes sir. and in the day time. (J Theflrst issue was put up in the night? A Yes sir and In the day time. Q -The principal part was stuck .up In the A In the early part of the evening, before q Tlicy were scattered around town on the do goisls boxes? ,, , ,, . ., A lessir, aud In the public halls In the C ii-L Were yon at the editorial convention? li Did j-ou see the large hand-hllls and the little ones together about the time of the edi torial convention? A -So sir. o Was It about that time? A No sir, I never saw that little circular till it was brought to the stand when I gave mi illMMIsilloll. r. .." . ititifn... l liaUJOU Ul-muui fc i:,m,c A Y'es sir. . o NUite whether or notln any of the con versations you had with him, Jfr.SIuIer was lu fav orof getting out a small circular? Defendant objected as Incompetent unless the Inoulrv Is couflued to this circular. Ob jection overruled. A I don't know that any conversation oc curred about gelling oui a sniaue-ucuwu. o Mate whether in anj-of those conversa tions with Sir. Sillier you discussed the pro priety ot circulating those hand-bills? A I presume we did. o Where did j-ou tirst see this large hand bill, or one similar to it in subsume?: s A I saw it w hen Ueu. Ishcny was writing Uinhlsofflce. Q What did you do with It? .... A I took It from hls,hauds;to Mr. Ketcheson tohaveltprlnUsl. Q State whether it was circulated here In this city before the election of 1,6. A it was. edforejourorthelasttwodays. theflrst thlugtobeinquireu imuisuta ",V . belousornot,and the next is whether it was circulated by the defendant. Did hedellver it to any body? It he did, and the Jur believe it Is libelous the court will In struct you to return a verdict for something. The court will instruct jou lfyou believe tlie rumors they have introduced here, they are only received for the purpose of reducing the amount of damages the plaintiff can recover. Y'ou will discover that the defendant don t attempt to Justify by asserting the truth of the assertions he has made. He does not s-ij that a single charge made tlureiu is true. His counsel don't assert Jit for him. All they do assert Is that some oue has said at some time that there was, or had been, a general report In reference to some of these- charges. Tnat amounts to nothing by way of a reduc tion of damages. Did the defendant have an thing to do with this transaction? Y'ou are thejudies of the testimony aud of the credibility of the witnesses. Youare to say whether thewit Iiesses w hieh hav e been produced hav e testi fied to the truth, the whole truth, and nothing but the truth. Did Sir. Sliller have an llilng to do with theclrculaliou of these h nnl hills? This seems to be a controversy betwreti oi. Authouy, who holds n resismsible isisition under the Government, and Charles II. Sill ier, w ho also holds a responsible position un der the Oov eminent, f-o there can't be much politics In this coutrov ersy. The plaint iff has selected Sir. Sillier out ot all of .hese men on account of his position and standing lu the community so that we mUht make an ex ample of him. We lake him becaue he is theeenterof the whole thing, and ou account ofhispos.tiou. We wanted to teach him ii lesson; and thenweltbought it would have a cood effect on three or four other fellows w ho were derating with him in the circulation ofthlsllbel. We believe he was the big mat; of the outtlt. We Iwlleve he wies the head and lront of the matter. Have weshownil? Let us refer to the testimony to siow ills con nection with tills libel. Last Slay or June we llud the U. . Slarshal In thellltlleobscitrH paint shop of 1". II. Coney, soliciting from him a p.ickaeof this libelous matter. hat did he go there for? He went there bi receive this iarkage from Couey. Coney savs he de livered a package of this libelous stuff to Jlil i,. v..ii ill n-nille, t Conev's testimony on that iiroiKxition : that ;he did not like to tes tify in the case; that finally he hadtocome to the from and tell what was tine. wouid pipers. Hcations do not all sound like the truth? The trouble witli them is not that he has not told the truth, but that he h is told loo much truth. That Is what hurts them, and, there fore, they say he Is a common llbeler. It seems to me there is no defense In this case. They do not pretend to defend, but come lu and plead for a mitigation of dam ages for a reduction of the amount of recov ery. It is for vou, gentlemen, to say how much the plalntlffis entitled to recover In this case, and I leav e the case with you. you gA"lPcan't5.;.y that Is the exact cony. O That is not the question ; I asked if had seen the suDstanceoiiiT ,..,. A I have seen it before It was printed, but Idld not read it before it was printed, I q Whg came to you to get some printing done, the substance or which is here? Defendant objected as Immaterial, 4ta.ulfrk overruled. A I can tell you what I know about it lf that is what you want to know. QCan't you answer the question as It stands now? ,, A I will try to answer iw icuina.iv ., t,o loo no knnwledire whatever ol the in-, before tlie editorial con ventlon met here " . ...i. ,v. t.nl Mr. Embry came to me with something to naWre of the investigation by the board ot u w ataoned to ya, larger hand-bill. -rj- ,v- vt-iii,. nf die examin- J don't recollect reading what he wanted inquiry, lie spoke highly ot me e-uu-u fnt,ed. i found out it was to be attacJied to era, and declared lane the siaieraeui -.- Galpin was convicted on the testimony of disreputable persons.- Galpin was before the board twenty daya, defending himself, and was dismissed principally on hU own testimony. Mr. Schurz stated that he had received a letter from Seelye in August Re nouncing the "investigation, when it had just begun. Schurz announced his deter mination to fight the Indian ring till the service is purified, and quoted an article supposed to be inspired by ex-Secretary Chandler, stating that the removals made under Schurz were contemplated under Chandler. . 47EEX VICTeBIA ANB THE TEt -EPB9ME. The New York BcnuVf cable dispatches thus states how Queen Victoria was amus ed and interested by the latest American Inrention the telephone : Protestor Bell and Colonel William H. BeynoIds,of Rhode Island, were presented to Queen Victoria at Osborne, Isle of Wight, on Monday night. They exhibited and care tally explained the telephone to Her Majesty, who listened with evident curiosity. She was especially .Interested tn the conversa tions carried on between Osborne and Lon Im, Southampton, Oowea, and the residence of Sir Thomas Blddulph, Her Majesty's prl--vate secretary. An organ In London, a bogl to Bootaavmptoa and a vocal quartet at Co was vera pavfectlr beard. Miss Kate Field also aancthrosch the teleehoae from Tma TlMexpstlaaeetaeoattBBCd tat Vam fcoora, wMAWIsiilwl " this bill and 1 refused to print It. I did not nr tn nave anv thine to do with it. I'lalntltr then offered in evidence the large band-bill set out In tlie petition. DelenuftUl ULuecieit wi lupuimieieuianu iui--.i.n.l und because thev have not shown that Uiis plaintiff published it; because they nave not shown that this Is a copy of the original, and because they have not laid the " ..J r.lnmvlnilnffiinnr lOUnuauou iui m ... --j. Objection overrnled. J. . o)BT"STKSTlMOJfTt P. H. Couey being duly sworn, testified as rQ-Axe you acquainted with the defen dant? A Y'esslr. . . . . Q How long have you been acquainted WA.ln the neighborhood or Ore or six years. 7iia ,i n seethe hand-bill headed "D. R. Anthony stand up and answer yes or noT" A-I think I have. q state whether you had any of them in your posseKsiOB ? A-I had. Q About bow many hundred? A I cant stale ; I had quite a number of Q State whether or not Mr. Miller came to your office some time In May, 1S77, for some r.ftH3- bills, and If so, what as said and done by him and you in relerence thereto. Defendant objected. Objection overruled. A I dont know that could positively qT11 what yon know about it then. vi vKlf and Mr. Miller had various con versations about general matters; I dont know max. X can say uc was iuctc iu jibj, eir what time he was there; he has been there frequently. S What tort A Sometimes on matters of business; I ave done work for him. Q I am asking in reference to these hand bills. . JLnv niay UT &vj uwii; hi g IUU1C w the hand-bills. QUtxusjroor signature? (Showing a dep osition.) A Tea air. q ft am left eah J'n weiauij ryraadlag b-How generally was It circulated? Plalntlffobjected as immaterial. Objection overruled. . . .. A In ev ery conspicuous place where It was possible for It to be circulated. o You say that you left a bundle and that Miller protaibly got them, but jou don't know .a..!..,- Iin rrnt trmtil IIP tlllt A-I judge from my deposition ttat I eri abunuie in my nwm."u; """. ,.2 ;r2 my memtiry, my Judgment is I gave him the nunuie. Q Whenwaslt? , A I Judge either In May or June, 1577. I'lalutirf here rested his case. A. O. Sr.eXDIs.O'S TESTWOSV. A. 0. Spalding, being duly sworn, testified as follows: . . . Q Y'ou are the under sheriffnaw. aYou haJsome posted np In the sheriff's A-There was one posted there I think. O-Others were in ihe sheriff's office. ATher- were some there-a bundle of them. w. C W. S-fclt fc iiaw-. f C P, Kelfer i elng duly sworn, testified as etui...- sav. ti l-iit. tliose .i.i i, want them for? what any man waul them for, if not for some pur pose? What was thai purpose? Cone tells ou that be aud Sillier haa some eigiu or ten or twelvecouversatious in reference to these hand-bills, aud with reference to sending them out. What did they send them out for? Korthe puriioseof disgracing and injuring thepl.iiulitl. Did they send them out? Sir. Kelfersays when he wa-s under Sillier In his ottice. Sillier went toa drawtrln the office and lookout a roll oi these lib-Ions buK and asked Keller if he had heard of tiiein.and bandi-d him one. Sillier says that the pack age he got from Couey was not all in his ottice ai the time this suit was instituted; some were gone. We asked him to name the men he had delivered them to. He enumer ated a few, but says hedout wish to be under stood as saing thosewereall the ix-rsons he delivered them to. Then he did deliver some to some one else. Sir. Keller tells you that he well rcollects that on oue or twooccaMous ttie defendant went to that drawer when go ing to Atchison aud Toieka, and took out several of those hand bills and folded tliem together and placed them In his tiocktl. Wiiatdid he want to do wllh tliem? He wanted to carry out the agreement with Coney and two or three others, in reference to the circulation oi inese uriic-ics. ncia., them to clrculite them. Did he circulate them ? What did Miller do w ith those hand bills he put In his pocket? What did he do wllh those bills when he went to different parts of the state? DidheLike them to de stroythem? Certainly noL What other con clusion cau ouarriveat than he circulated them? Hevijs he saw them In different parts orthe state. Wherever Sillier thoiuht it was necess ry that some one should see them, he went into Ills ;iockel and produced some or these bills. What other object did he have in cirr lug them with him? v hy should he refuse to testily In reference to Hie little hand-bill referred to lu the ev id nee In thiscale? If the defendant knew nothing about the circulation of theMi hills, whyilld lie not get on the stand aud say he had noth ing to do with it, and took no part in Hie cir culation of 11? ilut Instead of thai lie nail a stump-speech prepared by his counsel, ev 1 dentlv. and woundup hysajlng: "1 don't propose to testify because it may tend to criminate me." Why would It criminate hlniifhewa-s Innocent Why does he at tempt to shield himself under the provision of the law unless he Is guilty? When u man comes on the stand in a civil suit, mid relus es to nnswt r a question for the reason that it may tend lo criminate him.lt is a v Irani admission that he is guilty of the charge. If the defendant knew nothing aliout the trans action, he would be the tirst man to say lie knew nothing about it; that he look no sirt In the circulation of the of the libel. He does not do thai He seeks the prelection of th it prevision of the law that Is given to him nnd to everylx dy else who do not wish to convict themselvesandsajs "I decline to tesilf be cause it ma' criminate me." Takethe fact of the C S. Slarshall going to the obscure paint shop of Patrick Hiurj Conevto get this libelous matter; take into consideration that this same Corny conies upon the stand and tries to prevaricate and make the facts apie-ir different from whit they are; take Into consideration that th. defendant has on different occasions gone lo his drawer in his office aud takt n out lollt o: these libelous bills and put tin ill in his pock et, and start for Atchison and Tnpek.i and othrrpartsof thestate. Takeall these fut, in connection with the fact of his nf.isilto testily, and then say vi hether he hail mo thing to do with reference to the transaction. Then see whether jou can say th it the de fendant never aided and assisted in the pub lication aud circulation of the libelous hand bills. It seems to me that OU can't doit I an- lfth defendant were on trial for murder. and that thecircumsiancsall ixiiuted to linn, as they do luttils case, ne wouio noiec-ijie-n. We have shown that Sir. Sliller has had some of these lnnd-bllls in his pos-esslon from the time they were first published, up to the present time. He hail had tliem in his possession over a year. He has been circu lating tliem. When asked In reference to the publication of those about the time the edi torial association met here In 1877, he refuses to answer for fear It might criminate himself. Wonld an honest man, not guilty or the charge, have said that? How would It crim inate him unless he was guilty? If he had hnA nnthlntr to do with it-he WOUld S.1V SI. He admits that he had something to do with It when he re-rusesto testify. Then I say the facts and circumstances, tlie animus of the man, taken lu connection with the balance of the testtluou show thai he knew they were lielng circulalcsl and th t he aided and assisted ill It. He dare not come before tlie court and say tlie charges are true, but he does come here and attempt to mitigate the daiinges by say ing there was a current report that some such transactions ies these took place ears ago, and that Is for the purpose of reducing the ainouut of damages the plaintiff call recover In this case. The fact weighs heav Ily a-l ilnst the defendant. He has not produced a w it- uess who h is attempted to say me cuarges are true. Let us lake charge seven as a sample. We produce the records of the court that there was a trial ot the matter mentioned In that charge, and the party was found not guilty. Slr.Caldwell saysit was reported at the lime that the plaintiff did shoot Saterlre. Hedld shoot him, and was tried for it and acquitted, aud SI . Sillier knew it; all of these parties knew It, and they dare not Justify on the ground that they are true. They dare not say there is a word of truth in any of these charges, fhey had the opportunity, but they dare not do It. They are a tine lot of fellows, whose reputa tions are not nbove suspicion, and thev try to i.iaAe-u. tim rmit.ntlin of this iilalnllffbv at tempting to bring him down toalevel with themselves. Cau they lessen the amount of damaces by any such means? The witnesses Him- imrv oroiitrht. tlo not sav there is a word of truth in any of these charges, but that there was a general reixirt. Does their testimony throw much light ou this matter? Have not all of them shown, that they were prejudiced in some respect? In opposition to that we have brought twelve orrilteenotthe best men in Leavenworth, mid could bring any amount of testimony In relation to the reputation or the plaintiff. The case stands absolutely without any ele fenseal all. I might say that one of you gen tlemen was a horse thief ; I would tell It to some lellow, and he woujd tell It to, some one else, and In the course ot time it would come) to be a general rumor. Then if you should turn around and sue me for calling jou a horse thief, would it be any defense lor me to say there was a general rumor that he was a )?nutiiirt Wonld it be anv emulation of the offense? Ought it not rather a.gravate dam-iges?TheU. S. Slarshal, holding a re sponsible position in the government, has '-,.. ,,iiiv u-ith thn-oor four others, of cal- uminating the plaintiff" In this case. All of ,.An. hue. hn Anifictred in circulating ttie-3 scurrilous articles. And when the head and front of theoflendlng Is suod-wheu the big man of the whole outfit is sued he has not the mant,ood tosay the charges are true, but tries to shlld himself by saying wecan t prqye that he had any connection with it, Q-Do you know the plaintiff In this case? A Y'esslr. . . t - q How long have you known him? A Eight or nine years. o What official position do you occupy and have for several years in this place T A-icierk and deputy for the U. p. Collector for this district. .,,., Q Sjiaieiiyou CH onm mbiu..,-. .... to this before? ., A I have seen some like it, Q In the campaign of is-ei? XYes sir. before the election of governor. Q You have seen papers of the kind or this hand-bill ? A Y'esslr. . Q-Dld you not pav fifteen dollars towards Bln l" ESHSfSiS T mm not certain of a i " 7i7 r ' IU I believe Idld. BTROX SHKKBV'a TESTTJtOST. Byron Sherry being duly sworn, testified as f0oDi:d you hear Coney's testimony in rerer enoe to the manuscript of this hand-bill be ing in your banuwnung . QZEpuin the circumstances of that tran saction. A-I will state that a year ago last Novem ber Mr. Coney was frequently in my office HeleR two claims with me, one against a San in California and one against a man In TokVone time he came in with several lupeu. """.. thMe nnestions. rnduested me to cow them, , sayingl to wanted them printed. I copied the papers ?? that wii the last I ever saw of them. Ttati.1 copied fromutbopaperf Jto fur- c.HonohetHewa.rrIahU fr.trwma T Anthony and some others wegblWlshed and pay for uTThat li all I know about it. IXCXES BAKER'S ADDRESS. GKKTiatsm or THM JCTT-Thto cUonU v last you, lf under all the facts and circum stances or the case, you can say that this de fendant did not aid and assist in the circul a tionofthU libel. Iask you how jou can reconcile his refusal to testify with tlie the ory that be had nothing to do with It? Then, . - i.a t. fm. h , tu nrnnrte I say, as x iu u"w .... "i based upon nothing, ;circulated by bis ene mies, should tend to increase, rather than diminish the amount of recovery In this case. They are not a defense; thej- don't prove auy thing. They have said that the plaintiff Is a com i ,ii!lTj, Th t Col. Coffin to testify to that. He says be w as charged with driving aub head ol cattle 200 miles with their skins off and he does not like that. Mr. Booth also has been libeled by the plain tiff. He is an Insurance agenLand someone published something ho did not like. Some said he was an ex-apple pie and taffy candy man. Mr. Russell says he has been libeled. But It turns out that he published something In the Iaiwreoce papers and Col. Anthony re BlleUtoiu Russell brought suit for libel, and f-.,i nthnnvilareatedhim. This same man admits that he made an affidavit that the Kansas Insurance Company in Ih.S, had SJW, OUD paid np capital, and one year after it was l. ,-JTn. -wmM,ln All nf their wlt- nemes are some sucn tellows. .,,,, Tney also prouuem pey ""r ?"", ni.intiir w- a enmmon llbeler. You beard them read and I ask you if there was any thing libelous in any orie papers pruoijeu here? Does it sound libelous to say, "Tire Tixes has had seven libel suits during the last two years, but they are all declared oil by the courts. The lesson It teaches is that TUB Tuns always speaks the truth." These fel lows nad been suing him, .nd he presented the statement that they are "all off," that he had got away with them. Is there anything libelous In that? Take the article clear through, and you cant find anything libelous in it. There is nothing libelous in telling the troth, that is what a newspaper Is for. It Is fair to presume that the defense brought the strongest articles they could find, and there is nothing libelous in any of them. I do not care to refer to the letter of Mr. Miller that ha says It is libelous to publish. I would not have produced that;leUer, but they did it, and have com wanted noon It, but I nrafsrtolaaTelt wbarattla. Tberaarhela aecsamosUtalsT.tZsjKTMlfUMHpab- GENERAL SHERRY'S ADDRESS. Gentlkmen- ov the Jckv: A stranger happening casually Into the court room dur ing the nrocess of this trial might havesup- hjmsI thai I was the lierson who was on trial. I was well aware that an attempt would be made to prove that this alleged libelous mat ter was iu my hand wnltug, and, acting up on the Instructions of my early childhood. I concluded (bat I would tell the truth about the matter, tliouxh I do not think that my Irieud Sliller. would make a very good cus todian of Washington's Utile hatchet. I hope that I shall never befouud presenting such a sad anil huiuilluttng spectcle ou the witness stand In a court of Justice as to fall back on that coiistltut'onal right granted to all crim inals, that they need not testify to anything that might lend to criminate themselves. 1 sa,I nope I snail never present thai hurnll-i-itiii4 sp clacle. I hopj that no child of mine. It he ever grows lo manhood, will be seen going uikiii the witness stand iu a court of jusiieeaiiu refu-lng to answer forlhe rea son that the answer muht criminate him self, iietilleuieu, thai I. the last refuge of the guhty man; It Is the 1 it refuge ot the se!f-accu-s.'r;lt Is the lust refuge o: the hard ened criminal. An liminl man holds him self up, lifts his head up to hi" Slake r aud is ready tosii w the world tl.at he tells the truih. o much on that xilut. .Much has IK-e-ii said, and in fact. It Is get ting to be somewhat hackcyed for lawyers to get up aud in the oieuiug remark tore-mind an intelligent Jur that the have taken a soieuiti oath. A Juror ora ruau that hss to b. reiulnde-d of that fact every live minutes wuileuSUiitug to the arguments of counsel Is unfit to occupy the position of a juror, louhave taken an oath, us well us in self, and as well as every memls-rof the bar, to d.chan,e jourelaites 1 ilthtully and to the ls-st of our ability; tint Is enough; vou need not Is- reiniiKled of It every lew miu-utc-4;oii are Intelligent men; ou under stand the respousibtlilv of an oath;ou un derstand our duties to our fellow-men, lo ourse!fand to Hie state at large quite well enough without being reminded of It con stantly. I might say that was the burden of the speech in ide h iiiyfrleiid who last ad urcss.el jou the solemn!. of our oaths. But lu order that 1 may proceed In regular sslem with my argument, I will reler to Sir. Goddard's oiKMilug address. He said they regre-l that they had not set up a Justifi cation. Now- they are Irjing their side of Ihecae,and we are trying ours. They oc cupy this position; they say they elid not publish the ai tide; they say If they did pub lish it. it was because tho plaiutiffwas a com mon llbeler, and further they say they were provoked to It by publications thst the plain tiff had made against the.delendaiit. In or der that we iiuj bring It down lo common sense, for that Is all that le-gal pleadings amount to. It presents this soil of a e-ase: one olou gentlemen, say. is arrested lor assault and battery, and ou go into a court of Justice and say oudld not hit tlie man, hill lfyou did hit htm it was bes-ause he struck at you nrst.aiid irjuudid hit him j-ou are v ery sor rj jou did not hit hliu harder. That Is the position of the defendant lu this case. He llrst deuiiM the publication and then pleads that the plaintiff is a common liheler.and second, that be had published artlclesagalust the defendant. Children sometimes when thev get to scolding and exhaust the vocabu lary of language witlilutlielrcomprelieusion, they commence making faces at iach other, ueu, w Pen the y get Into a contest and strike h.ows, generally some oiie Is hurt, nut when theflrst wroug-doer is brought into a court of Justice he cin't plead that he did not like the other man that the other man was a bad man lu the coiiimuiiit , and consequently he ought to be aiiieuahle to the law. What would 0U thiukof a man who would kill his fc-llow-Mi.m. :iml then attemnt to lustlfv Ills act on the ground that he (lid nut like the other man; that liethoiuhl he w.esu bad man In Ihecoiiimunit, and he had concluded to s. ml hliu oil to the unseen wotld? That i thecoiulilioiiofthelrdefeiise. If the elefen .1 .,1, Lu. m. ho li.nl ,ieer made tin, imbllca- tion, and knew th it the plaintiff had no evi-iiems- that he diil.whv would he not have resicsl hlseiise uixui that. If one of ou gen- leiueii were arrested tor assault anu uauery, and vou had never struck llie blow in lue world, would ou make any such specious ihfeiise? Would jou not slmplj say you never struck the blow, and rest on that? I rone of ou were charged with committing alaniiiv, would jou not stand simply on a denial that ou had committed 11? That would be iliepmper position to stand upon. ltisnlwasuhad, an unfortunate practice to travel outside or the record outside of the ev ideiice introduced in a case-, but w hen that 1-oiic is pursued by one party, it was much the righlof the other. Son, Sir .oeldard h is re ferie-d to the dismissal ol t e) suit .ualust Sir. Coney, luvolvisl in t' ssame transaction, but hedld not tcll.tli u - desto r. While it not In evidence, anu was not a pro-r matter lor comi'ient on his part, -li.it suit against Sir. Coney was dismissed uio!i this sort oi a writing: ' Leavenworth Kansas Nov ITtli 1577 Col. D. R. Anthony feir I with others publlshcsl a I circulated the handbills uihiii which si is brought. Sly knowledge of the ques 1 ns in such circular were chietly luseel up o.i hearsay, aud I now withdraw the same, in-lieving them to lie untrue In my opinion uiHin investigation ot the same. Yours Truly 1'. II. Coney There Is the condition ufwin which Mr. Conej was rellevnl, and the same condition was offered tneUei, nu nil in tins case, uui no; Instewd of being willing to sign a simple retraction, he preferred lo come into a court of Justice and test his rlghLs there, and we meet him here on the broad platform of jus tice. The same proposition was extended lo him, hut he declined to accept It. Now then. In regard to the evidence in tills case. Y'our duty is to lie governed by the law and the evidence, and ,ui wilt reiiipinlier in all cases of the se cret perpetration of a crime. In all cases of conspiracy. It is the most difficult thing in tlie world to bring the partlestojustltv. You ,n.iv tukMn mini who commits n munler up on the highway at the dead hour or midnight where ierliais no human e)e has seen It, no ear has heard the groans of lue U tng v ictnn, no living being has witnessed the terrible ihssl. How are that class of criminals brought tojustlce? they are brought Injus tice by a coiiiicctesl chain of circumstantial evidence. And iflliisilefeiidant were la-fore ou today charged with the highest crime known to the law the crime of niurde r, with the mine chain of clrcuiu-tnces pointing un erringly to him as the peretrator as point to him In thlscise. jou would be Justitle-d lu (hiding him guilty. Sly friend Judge Lecompte Is unfortunate In his Illustration with a simple glass of wa ter. Hesas the mere Tact that a man comes out olustieaiu ull.covcml unddrlppingwitli water and a man isseen standing u few leet from Hie bank with a glasslof vvaterln his hsnd. It Is no ev Ideiice thatlthe man with tlie glassofwatir 111 his hand pushed llicolher in in Into the stream. That might ierhais lie true in Hint else. Hut when theevideiice shows tint that linn stood upon tlie bank, and when a connected chain of circumstances all point to one and the same tact, and when these circumstances all show that the man did iush;the other Into the stream, it pres- enis quiien uiuereov ease, iu imdiu .. Illustration ol the Duck nnd the June-bug I confess my ignorance, 1 dont know how they operate. I have never had time enough to watch a duck Jumping on a June-bug; I generally have something else to do. . , This thing was unuenaKen 10 oe c-nrrieci u Insecrecv.andsoineof the co-oieralors de sired to te-stif-. They did not testiry openly and freely. They were like the men who les tllled a ear ago in the whisky-ring in St. Iuls,whodidiiotwantto tell an thing at all: still the honc-t farmers of Missouri found verdicts of guilty in nearly every one of those cases. Aud those verdicts based as they were upon circumstantial evidence in the greater part, were as Just verdicts as have ever been rendered. Take the Twees! ring In the city of New Y'ork : you all know the his tory of those suits, how difficult It was to get direct testimony, so It was in the recent pro-ecutlon of the Insurance men who hail uu.n nti.tiiiiir th- widows and orphans of New Y'ork for vear, living lu sumptuous pal aces, and win metering the hard earnings of the eople who had b-et living In dwellings whose every brick was cemented with the tears of wlduws and orph-ius, look how diffi cult It was In tho-e cases to get positive evi dence. But It Isto the glory of the commer cial metropolis ot me united bbus-iuc city or New York, that Jnsllce was more cer tain there than in many other parts Of the TOTake the circumstance oT Sillier going to Cone's shop! What did he go there for? lie went th re for those hand bills, s.upoe, for illustration lie were charged with using a dagger in killing a man, and we could provethat he went to Ceiuey's shop or some Stber Place, aud thit Coney handed him a a7r- suDPOe we could show that the d-ig- Bertitted the very cut In the dead oouy. Soid not that bo circumstantial evidence sufficiently strong to convict? uui ii u clffmesitliHthe might have used he-iMI; fgSPtVere fo'r thTt puValil tavegot to LaVs, he must have liad, a terrible bowel coWaintand he would almost be a "thing nr beauty and a smell forever." Now in regard to tnls matter of Miller re .nsltig to testify fortne reason that it might or?mlnate hlinelf,lthas left him In a very bad isltton Coun-I complain that a letter writlen by Mr. Miller, some years ago, was oT.mmente-d upon. That It is unfortunate Hi it such a letter was ever written is true. I hit It is unfortunate that he was gul ty of doing what be did as he states In that letter is treeT If It 1 a hard thing upon him, llwas lfl. misfortune to do It in lue llrst place, and It wm his misfortune to publish it himself, and "take that Mr.5UlW.ln writing that r.r.tJn. -en imnn his tomb-stone the eplUhoWsownlufamy.andhe oaSotler man and recilve; his money aEd h"selThSfout.and then publish it to the world himself, I say it Is an epitaph of ln frmy written by himself unou his own toSo-sion" It will follow him by day and by night, whether in private or In public ilire. va-ir..-- iiuvn h--n foand woo were willing to sacrifice themselves, but I do not believe much in the York business. I do not bt evlln taking a man's money and agree lni toasslst bin? and then selling him out. ufcufms the publication of that letter ag gravaledhlm, but that does not relieve blra Som t he libel In this case against the plain ly It U no complete defens as the court ", .if. vou to set up that he has been Ubell-wlllteIyou.-oseiuj, Silon of damagesT All you can do with that JJi1",, defense In any case Is to consider it -L-X.'if.TC.iana. You eanconalder it In reducing Ibeimonnt of damages. "t JEL-i tJf the witnesses, you takeCoLCcf- ..'.....mncio saylninstlce to him fh.J i Mien The U an excitable man, a nun r itmnr nreludlces, sOU I do not Dei-eve ana 2 5irt-Sltevethat he drove three hun drrt header caftletwo bundred nilles to ST!a-f after they had been skinned. I SlS?dSdthataa ajokeaad not a USolcStartaU. I have beard that story several times, but I never did believe it. Hut he showed lu his testimony w hen tcstlf ing as to thecharacter of th iplatntltr, that lie was actuated blm.U Ice, and I do notbelle-veany man anywhere In thawide world Is lit lo Jude of another man's character, who allows hluiseir to be governed by his prejudices. And if I desired to impeach a man I should never select a witness to elo It from among that man's enemies. I have heard during my short life, men say of every l'resideut of the United states, hard and unwarranted things. I have heard the greatest and purest men in the na tion charged with almer-t everv thing. But I believe thee charg-s come from prejudiced minds. We need not go very far back In history to find some very hard things said of Washington himself. As wecoiue on down, probabl, no mm was more abucd lu hlstorj' than that stern old hero, Jackson. And so on down the lineui 1-residents, we find that abuse has b tu heaped og every one of them But it has alwav s arisen out of some political question. Slen be-coine excited and then th.y ure totally uuat to judge of other tutu's character. And good sense and Judgment should show counsel that it is poor policy to call upon tli it class of tiers ins to establish general reputation. Aud 1 might say right here that there is probably nothing more misunderstood by men unacquainted with the law than the question of general reputa tion. A great many ho testify In regard to reputation scarcel know the difference be-tw-eeti that and ch iraeler. Character Is one thing aud reputation is another. 1 take 11 that general regulation issoinethtn made up irom.orbyamajorli of the Imp irttal, can did nieti of a community. General reputa tion Is not made up lu the heat ol excitement. General reputation Is not made up by what raeu say ot a i-r-on In a political campaign. General reputation re-ts upon something more firm something more solid. Gener al reputation is that which comes from the hearts and consciences of ever candid, lini artial m in, and not from men u:ti.1.riiiiriittitra fellow man through ha tred, lll-wlll aud malice, or any other cour-e ' of excitement, cjeuerai reium . ..... scandal mongers, w ho are alwa s sulffing the lire, Zi. ever ready to detract, ever ready t( det..nie. Is different. They think general reputations made up by the few and not o the many. , , . In regard to this matter of reputation. Col. Coffin admitted that hewaspnJudiCM1:1.1 he had some difficulty with the plaintiff. Sir. Weaver made up his mlud from some old char'e. Sir. Couch did not know- It. Sir. Sllchell did not know it. . 'P-- '"-?,, d'd not knowlt. He could not say that plain tiffs reputatlou was bad: neither could .Mitchell or Lnuih. Embry said It was bad, but he admitted that he had had a difficult with him. I-alug (slid it was bad In some parlicnlars but he, ears ago, also had some trouble with him. Ku-sell said It was bad, .u.dulvi testified he had seimeditllculty withuim. Jocesaid ttwasUul. Booth villi it was Ixid, but ou w 111 notice that he show est evidence-ol malice while testil.vlng-claliiml that hedld not like the plaintiff al all. Sir. Caldwell, while he has had. pe rhaps as some ofyouwellkuow,e-cusiouluthepasttohave sum j slight difficulty with the plaintiff, could not say that his reputation for truth was bad, nor that I he had the repulutlou of beluga common libeller. sMldiiigsaid he believed It vva bad In some particulars. Judge Delahay declined tosavso. !-o ou will see that one half of their own witnesses refused to testify to what tiny desired to establish. And re member, those fifteen men who were selected were supposed to be his jiersoual enetule. -nt us now turu to the other side. There was D. 51. tswan ; there was J. t. Richards, oue of the most prominent merchants In the state, and a resident here for twenty Jfars; Sani'l. Cochran. U. L. lllckford, Henry Hack bush. Dr. feinks. Ja. 1. Larimer, Amos A. Fenn and Jas. Foster, all testify that the plaintiff's reputation Is good. 1 say now that a man who will undertake to run a newspaper and not expose lottery steals and railroad steals Is derelict In his dut Is false to his trust Is false to his call ing, irtheptalnilffdldthallie did what all good men say he should have done. It Is your duty to render a verdict for the Jilalutlft for something, and counsel for de endan' admits it w hen he ant lies that plain tiff's character Is had, and for that reason yourvenlictmustbe solstnall that you can hardly detect It. In regard to tlie amount of damages luncaseof libel, jou can't makea burlesque of the aumiiiisi-atiou injustice, al though It is sometimes done. I say to jou this action Is not brought for the purimse of putting uionej- iuto the jsjcket of the plaintiff. That is not the purpose-. But he Is entitled to such n verdict a-s will deter others from re peating these slanders. When counsel presents his client as almost as Innocent as a new mini oaue, aim saj s n never had anj- malice towards the plaintiff, I think he Is saying a little too much. .No mal ice! Imagitie. that very friendly remark fu made to Sir. Keller, when giving him one of thoe bills that Col. Anthony was a el d n of lib h, and knew- the charges were true. Just Imagine a Irlendly communica tion commencing "Sly Dear s n of a b li. Can jou Imagine an thing more terrible. DoeMlttiot expr-s more malice than nny othe r phrase know n iu tlie English language? It would havrtbeen far latter lor the defen dant to have con elnto court and said I pub lished the hand bills, but 1 was provok'd to It, and ask ou to inuke our v enllct as small asvoujiossibly can. He would have stood iK-fter before the community than to have come here and wrapiiesllhe cloak of the seir accused criminal around him, and mid, I can't tell the truth bee-aiise It might crimi nate me." That the defend lilt hid those bills lu his posM-sslon he does not deny. He gave them to Hopper, to Joyce, to Keller and prolnbly toeverj ierson who canieln When aked lf he-wouldswearlh.it the tiartli-s he named were the onlv iHrsonshe ive- them to, he said he would not. If he i4ve one to a single lierson except his couuel,Ui.it was a publica tion of It, end jou must find a v enllct for the plaintiff. But, as I said, this action Is not brought to put money into the plaintiff's ..t?. , Tli.it f ntterli illselalmesl bv the plaintiff. But It lsforthepurKiseatleast of suppressing these things which uisitiro me peace and quiet of the public It Is time that we should have a latter pub lc sentiment, when our citizens can meet face to face, and that the llbeler shall be made to fee 1 the enormity of his crime. It Is jour duty lo consider tlr-t Whether the defe-ndaut circula ted any of these hills. Iflie- did then mines the question ot dam iges, and It is jour duty tn , iu!er Kiich a verdict as will make the plaintiff whole, nt leat remunerate him for all the expenses he has been put to. And lf you see tit to give exemplar' damage In order to deter others from doing the same thing, then It is your duty to do so. Y'ou are to take all the circumstances and de termine theluteutof the partv at the the time. Tnough the delivery may be confined to a single person, it may. under certain circum stances, be a publication, and ou are to be the Judges of them in this case. Now, lf vou find that the plaintiff was a man of good reputation within the year; that theallegeel matter was libelous aud that It was published by the defendant, then the plaintiff would be entitled toa verdict at oar hands. But lfany oue or these Is want lug; that is!fou find that any one of these is not establishes!, taking it ail together, or lf the first oue, his reputation the law presum ing It to be M-ud Is dt-provedby Ihe.evl elence. In such case. 11 would be j our duty to find for the defendant. lfyou flud lor the plaintiff, the next ques tion Is the amount of jourverdict, and j-ou are to b the Judges of that, and It Is eminent ly projer that such matters should be left to thejury.iind the law does leave It there. Various mitters are set up In the answer, not bj- wav of defense not by way of claim ing that there is no right of action but by way of mitigation of damages. That is the defendant sas in his answer that the al leged libelous matter was In general circula tion before that sought to be proved In this case. Now you will consider all the testi mony on that subject, and lfyou shall find that tlie alreged libelous matter was In gen eril circulation at the time, you will con sider that circumstance In determining the amount of recovery, lf you find that the plaintiff is entitled to recover. It is set upthat there was some provocation for this publication, lfln fact any was made; that certain things had been said injhe paper of the plaintiff of and concerning Hie cleleii dant. Now, they are to be considered in ref erence to the same propo-itlon. The naked f u-t that some libels uiLtht have been pub lished on the defendant by the plaintiff w ould not necessarily be a defense in I his suit, but It Is protier to !; consldereel in determin ing, irthe plaintiff Is entitled to recover, how much he Is entitled to res-over. Another thin" It Is claimed here that the allegesl libelous nutter was currently repu ted, at the time of the alleged implication, or within the year, to be true. Testimony was given ou that subject. Y'ou are to consider all of it, on both sides and lfyou shall find from all the te tlinouy th.it the alleged llbei ous m liter was generally lu the community reputed to lie true, thougu It would not be a defense in this case.lt would be proper for ou to consider lu the mitUation of damages alone. 1 liellevethat I have covered all the jwlnts that arise In the eise. 1 have been requested by counsel to give ou some Instructions specially prepared by them, which I do: "If thejur find from the evidence that the langHngecoiiiplaluedoflsIlbelous. nnd that It wa-s publisncd by the defendant, ol aud concerning the plaintiff, then they must find fortheplaintlff." . ., "In nu action for libel the question for the Jury to determine, is not alone whether the Intention of the publisher was to injure the plaintiff, but whether the readlngof the mat ter would naturally be Injurious whim." "The publication of llbe lous matter can t be Justified on the ground that it Is a repetition, nor cau it bo Justified on th-ground thatit is based on report or rumor." I will explain that word "Justify." If it could be justified, the party would not be sub ject to an action therefor. But all these things are to be taken into consideration In determining the amount of damages, In case ou find for the plaintiff. 'In this action, lfyou find for the plaintiff, your verdict w 111 be for such general damages as in your opinion, he may nave sustained, and whien are the result orthe alleged libel. Tha law permits exemplary damages, but when such damages should be allowed is a question for a jury under all the circumstan ces of thecase." "Exemplary" means damages beyond act ual compensation for the Injury. "If the Jury, from the ev Idence, believe that the defendant. Sillier, delivered the hand-bill in question to one or more persons, belore the institution of this suit, and that the same Is libelous, then such delivery, lfany, would be a publication thereof." This you will understand, you take with the limitations I place upon it, in my charge In chief. The delivery ota copy of the allegesl publication to auy lierson after the 5th of July, 1S77, cannot bo considered by you In this suit. This action was commenced at that dale, and the proff must be confined to occurences He-ore mat uate-. "If lliejury from the ev idence believe inai the defend nit Sillier circulated and publish ed the alleged libelous matter, and If the Jury bctlevellie same to oe noeious, iui n in any sucli case our verdict must be for the plain tiff." "General repntatlon and general rumors as to tlie alleged libelous matte r Is only received by way of reducing the ammiiitof damages; such matters do not constitute a defense to actions of this nature." "To sustain the issues Joined herein, it is ln cumtient uimiu the plaintiff to prove by a preponderance of testimony that the defendant maliciously Intending to injure the plaintiff, falsely, wickedly ami malicious ly did publish or cause to Iw published or to la- made public, by printing of and concern ing the said plaintiff Ihe alleged libel set forth In the said petition." "If they shall so believe from the testi mony, la-fore they can find a verdict lor the plaintiff, thev-must further believe from the evidence that the said plaintiff has been damaged In his reputation by such publica tion, in writing, so by them believed to liave been nude by tl-eilefendant." "I n order to estimated and determine wheth er or not the said plaintiff has be-en damaged in ids re putation by such publication. It Is coiiiiieteut for them and incumlient ujkiu them tollndfmm theevideiice whether the said plaintiff had nuy reputation that could lied.imuged thereby, but the law. In the ab sence of proof, presumes that he had sucli a re putation. "The publication, in manner and form al legesl In said lietltlon, lsn mstterof fact ex clusively within the province of the Jury to de termliie." If vou find for the plaintiff the form if your vinllet will Is-, "We the Jury find for the plaintiff and asses hiselaniHges at "put ting ill llie-amount vou shall agree U-ou. It j on find for the di Ic-iiilant it will be. "We the Jury find for the defendant." And In i Ither c.ese it will be signed by one of jour number as fore man. THE VERDICT. We, the jury, find tor the plaintiff. THE JUDGE'S CHARGE TO THE JURY. il UlSTLLMEN OK THE JL'KV: In tills case you aretlieexclu-ivejud4e-s of the testimony. It Is the duty of the court to give oil the l.iw of the case, and It Is our duty to take It as such, and then It is our duty to determine from all theevideiice in the case, what the facta established by It are. You are nlsothe excluslv e Judges ol the credibility of the-w 11-ness-js. You are- to determine, from their manner, their Interest, their feeliuj, their Iirejudtce or w hate-v erele may be manifested lytnem. In thee utse of their examination or the prog re-ssortheir testimony, the- amount ofcrtdencejou will glveto what they have said. The law requires Ihat our finding shall be In accordance with the preioiider anreof the teMlinony. If there be a conflict lu the testimony. It is your duty to weigh It all, and determine froru It where the prepon-deriuceorgre-ate-r weight 1, and determine the facta accordingly. ..-,.. This suit was Instituted on the.jth of July, 1877, and ur Investigation will be confined to occurences within one ear preceding this dieia that Is. between the 5th of July. 17"., andlheOthof July, 1577 the statutes of this Mate nrescrluim- that actions of libel must be instituted within one eir from the time the cause of action accrued. The nlalntlffln this action charges the de- romiatif with liavlnir uuhll&hrd of and con cerning him a certain tatpcT allegesl to be libelous, and sets out a copy of It in his peti tion. 1 believe It Is conceded that the copy In his petition is a true copy oi me large hand-bill which has been exhibited belore jou. The law adds, in behalf of the plaintiff, the allegation that at the time ot the Injury complained of, he was a man of good reputa tion in Ihe community. . . The defeudaut, tn reply, denlesall thealle- Satlousot the jietltlon. In other wonls be enles that Hie plaiutiffwas a mtn of good reputation within Hint time. He denies that tlie publication made. If any were made, was libelous. He deiilea that he made the" publication, whether libelous or not. These are the issues then that are presented. Other matters are stat-d in the answer, to whleti l will call vour attention uereaiier. But these allegations that I have now stated, pre nt the Issues in this case. The first proposition is that the plaintiff was, within that time, a man of good reputa tion. It was not necessary that he should put witnesses on the stand to prove that fact. The law presumes th ileverj man the plain tiff and ever body else, until the contrary shall be made to appear by testimony. Is a turn of good reputation. Sso that the law supplied, notouiy the allegation that he was a man of good reputation, but the proof of the fact, also. With regard to the matter of rep utauon, you w 111 consider the testimony giv en on both sides on that particular proposi tion, and if you find the preponderance ot the testimony against that legil presump tion, then It will ue your ouiy to nua.asa tact, that It was not good. That jou are to Juetfe of yourselves. Tne next proposition would lie this matter .iii-ffMi tr have lieen published bv the delen dant and set out In the petition as libel ous. Now, language is libelous which deuies to a man the possession of somesuch worthy 'quality as every man Is presumed to possess, or which tends to bring a person Into public hatred or disgrace, or tends to degrade him in society, or exposes him to hatreel. contempt or ridicule, or that charges blm with the commission of a crime. Such language. I say, would be libelous. Y'ou will consider that hand-bill offered in evi dence before you. Consider its conduct and determine whether, within that definition that hand-bill Is libelous. And I will call your attention to Its construction. -The con tents are put in the form of Interrogatories; but you sre to determine from an Inspection of the paper oryour recollection of itacon tenLs whether, although put tn the form of Interrogatories, It was considered that tbey should 1 consldereel as assertions of the thin? nu L. In the ouestlons. Y'ou will Judge of that irom the contents of the paper, j'Our- U yon shall conclude It is libelous, taking all the testimony, and the paper Itself, then the next que-stloa will be whether or not the defendant was guilty of publishing It- Now to constitute a publication, the law In crimi nal cases says that the delivery of libelous matter to a single Indiv Idual shall be consid ered a publication for the purposes of a crim inal prosecution. And I say to you that the jaw in elv II cases and this Is a civil case is the same upon that subject. That the deliv ery of libelous matter to a single person may be, a publication. Bat you are lo consider the .in-nVietinrM under which It was delivered. and determine whether. In fact. It was a pub lication. If a man has In bis po-sessiona newspaper that contains a libelous article, It would not be a publication If he hands It cas ually to another person. That would not be a publication so far as he was concerned. But ii.iraas-r contained a libelous article. and a person went to the office and procured several copies of the paper containing the utai nrralaLa It. a delivery of It to any v-ersoo under these circumstances would be a . . . '.. IHuil ft lvnnlil nr 4a tVs onsioss oi'tiii: phess o-i the cikcvi.au. Having shown by the foregoing proceed ings in court, and the vcnlict of the jury, that U.S. Marshal Charles II. Miller was guilty of circulating the infamous hand bills, we give, in the following extracts, the opinions of the press of Kan-as, of the man who was guilty of the disreputable act referred to opinionis which were vol untarily and freely given, at a time when the identity of the twrson was unknown, and when there was no reason why, through fear, lavor, or hope of patronage, any of the patiers should be prejudiced for or against the guilty party their unbiased opinion of the man and the act: It is not only cowardly, but it is actually an assault iion the unsusiiecting victim which is hellish jn the extreme. Lyndon Times. If by Etho the circular means the re- jion.se of its readers, Echo answers that some cowardly dog printed and distributed the above. ISurlington Independent. We are in receipt of one of the low-down circulars referred to in the article whichlwe a .vAl Ik-iln fpATn f 1,s aI an 'I.a w am publication of the libel. It would not do for i. person to say. I deliver this paper to yon. It rjeltuT libelous. In confidence, lie might say hundred men, aniruiereDy, lf sucn taw, jb-riatt aayettoaa for damages. being libelous. i ruu u were the append below from the Atchison Champion, and this article so aptly expresses our opin ion ot the unclean thing that we endorse every word of iL Qarnett Journal. Ve received this morning, through the mail, a circular maligning the character of Col. I). IL Anthony, or attempting to do so. It Is annoymous, and therefore has no effect and is unworthy of notice. The per son who is undertaking this job is wasting thunder on us, sure. The charges made died of early piety long ago. Dodge City Times. Some newspaper office exst of here has been publishing a lot of scurrilous reflec tions on the character of Col. D. K. An thony and sending them around through the state. What the motive of sending such anonvmous blackguard communica tions is we know not. Florence Herald. We have received a circular from some scoundrel concerning I). IJ. Anthony, the editor of the lxavcnworlh 1 imds, making a cowardly attack upon him by eight ? ciCc charges. The author dared not sign his name to his scurrilous circular. This is the dirti est and most contemptible piece of business we haveseen for many a day. Walnut Valley Times. We are in receipt of a hand-bill charg ing D. It. Anthony, of the Leavenwworth Times with crime not necessary to men tion. The document has no date, no signa ture, and nothing about it to indicate from whence it came. It is our opinion that the sender is a thief. Clay County Dispatch. We have received a circular, from some unknown source denouncing D. IJ. Antho ny in the strongest teims. Xow, we are not personally acquainted with Mr. An thony, but wc are satisfied that he is far better than the author of the slandering circular. If Mr. Anthony is guilty of the charges contained therein, it seems to us that they would have been made public be fore this. Cor.ncil Grove Democrat. We have received a copy of an anony mous circular, charging 1. K. Anthony, of the Leavenworth Trxi, with nearly every crime committable. If the writer had had sufficient courage to have signed his name. the circular would have more force, as this style of publication is not uncommonly re sorted to, to escape responsibility of un true statements. i optica, b.ansas, Uemo crat. The most contemptible and abominable class of people In the world are the slander ers, and the meanest of the class are those who, either haveno character nor responsi bility) or who circulate slanders secretly, or without attaching their names. The meanest thing we ever saw of this kind came to hand this morning. Such anonymous; attacki an cowardly nnd can result in no possiblcgood. Wich ita Eagle. A dir'y, low, mean sneak, totally devoid of the fiAt principles of manhood, has sent us a circular, and wc jire-umc every other OlEce in thestate received one. containing a most violent attack upon I. K. AnthonVs private character. The charges are evi dently false, el-e the coward would have signed his name to his villair-om produc tion. Augusta Gazette. The most contemptible and abominable class of people in the world are the slan derers, and the meanest of the class are those vi ho cither have no character nor responsibility, or without attaching their i-antes. The meane-t thing we ever saw of this kind came to hand this morning. ISurlington Independent. Colonel Anthony may be guilty, for aught we know, ot all the charges made in this hand bill, aud, admitting for argu ment's sake that he is, we are free to con fess that if we knew every charge to be true as stated we would trust him a hun dred fold sooner than we would the man who sent out this vile and scurrilous sheet, and whose cowardly he-art admonished him to send it without date, signature or imprint, lest he be detected aud punished. Wyandotte Herald. The cowardly, sneaking circular issued by somebody, against D. 11. Anthony, of the Ia?avenworthTlJiK,and sent to thisotIicv,w ill do him a great deal more good than harm. That way of fighting a man is adopted only by persons unworthy the notice of rc-pecl-able people. The circular is receiving jut the treatment it deserves by the press. Emtioria News. Some cowardly anonymous sneak has sent us a circular in "which the nameless author vents his spleen against Col. D. K. Anthony, of Leavenworth. The writer being too cow ardly to attach his name stamps the circu lar as lilielous, and unworthy of bcliui. Marysville Xews. We have received an anonymous hand bill, containing a scurrilous attack on D. Ii. Anthonv, which we shall commit to the tlames. " If the charges are true, let the au thor make them over his own signature. He will find no sympathy here, on the con trary, we think more of D. Ii. Anthony now than we did before. Frankfort liecord. We have received through the mail, a circular, concerning Col. I). Ii. Anthony, editor of the Leavenworth Times. It is an attack on his private chiracter, supple mented with an appeal to the editorial fra ternity to discountenance him at the com ing meeting and vote him out of the Presi dency' A more di-gusting and contempti ble publication we have not seen in many a day. And we may truthfully add the stigma of cowardly, ina-much as the au thor of this poisonous one-cent circular did not dare to sign his name to his scurtilous offspring. I'aola Spirit. We received bv Friday night's mail a large poster, charging D. li. Anthony, of the Ix.-avenworth Times, with having com mitted eight infamous crimes, ranging from bribery to murder, llie poster is anony mous "in the strictest sen-e of the word, having simply the internal marks to indi cate its author. We look ujion this as a cowardly and utterly contemptible mode of attacking a man's character, and the indi vidual who got it up demonstrates his ca pacity of committing any oflence against the good order and safety of society, lie ware of the sneaks '. Wichita IJeacon. Some blackhearted villian hassent to this office, a quarter sheet hand-bill-circu-lar, calculated to work an injury to I. IJ. Anthony, editor of the Ieavenworlli Times. No signature appears to the eloucuinent, and there is not even a txist office mailing stamp on the envelotie to show from whence it emanated. Wc have no jier-onal ac quaintance with I), li. Anthony, and know nothing of the charges made in the inter rogatories propounded in the circular. 1'ttt in our opinion, any man who will anonv mously circulate a paper of this kind is ten times meaner than he represents I). 15. to be. He is a cowardly, sneaking, mid night asaasin of reputation, who can send out such stuff without his signature there to. Washington Kepublican. We admire the man, or men, who will boldly charge into the ranks of corruption and crime fnd tear off the ma-ks that con ceal their hideousness from the public gaze. We entertain a feeling akin to veneration for the man, or editor, who has the-man-hood, courage and honesty to call thieves and corruptionists by their proper title, who knows no such thing as fear whin in the dNcharge of duty, but jicr-ists in the fight, swerving neither to the right nor lift, unawed by threats or unapproachable with bribes, lint for the fiend wearing, perhaps, the semblance of man, concealing his name makes a cowardly stab at his enemy, we entertain a feeling of supreme contempt and scorn. A man would scorn to stoop to an action as low. infamous, mean, disgrace ful and in-tilting to his manhood. Kan- san, Independence. e have received an anonvmous com munication, villifying Col. Anthony, 'res ident ol the fctate Tress Association, in me lowest and most degrading language tsie-si-ble to be used bv a human lieing. Mate prison is loo good a place for the villain who wrote and sent the circular out into the world. We would not le surprised to learn that the mi-erable thing originated in Topeka. , ,.,. ... We heartily ho the one who did it will be ca posed, 'and if a newspaper man, le exiiellcd from the Aocialiou. Ilarvey County New-. A few days ago we received an cnveloj containing two un-i'!ied circulars, charg ing certain offences against I). It. Anthony, and sugge-ting that be is an unfit per-on to be President of the Kan-es IMitorial Asso ciation. Now, we have no objection to any body, who o desires, making charges against Col. Anthony ; but if the author is unwilling to put his" name to charges he ought not expect us or anybody to believe them; but rather eIiouM we condemn the person who sends out these anonymous at tacks. The man who has not moral cour age to stand up and say "Thou art the man," ought to be still. Coffeevilie Journal. A few days ago we received a jio-tcr con taining charges ol a very damaging nature, against the Dublic and private character of Col. I). Ii. Anthony, editor of the Uaven worth Time. We know nothing as to the truth or falsity of the charges, but we ven ture to assert that the tier-on or tier-ons sending forth these anonymous circular", are no better then they would have us believe Col. Anthony is, and are just that class of individuals "who would seccretly thru-t a dagger to the heart of their enemy. We have no U"e for such persons. They are cowardly assassins in spirit. Chetopa Advance. guagc and branded the suthor oi it as a cowardly sneak and villain. North Topeka Times. The Atchison Champion notices the dis tribution of an anonv minis circular, cmbod vins a scurrilous anil violent attack on Col. 1). Ii. Anthony, of the Ia?avenorth Time, and fitly characterizes it as a mean, coward ly ami "infamous method of a-sault. The object of the circular is to defeat Col. A-j re-election as President of the Kansas Edi torial Association, which holds its annual meeting during the pre-ent week. What ever faults he tKjssesses and whatever enmi ties he may have engendered, they afford no justification for this underhanded and contemptiblescheme. If Col. A. were a can didate tor re-election, as the Champion re marks probably no more certain means cotilel be adopted for insuring him the po sition. Kansas City Journal, June 6th. We have seen an abusive circular con cerning D. Ii. Anthony, of the Leavenworth Times, which has been sent out to thenews paiiers of the state, ostensibly to defeat his re-election as president of the Editorial As sociation. While we have no love for-An-thonv, and no idea that he would say a word" against such a thing if ainjed at us inste-ad of him, we desire to be put on rec ord as disapproving this thing in the strong est terms.. "The anonymous style of fight ing a man, however bad he may bv, is something with which we have no syrupa thv, and for which there is never any valid excuse. Topeka Commonwealth, June G. We received last week through the mail a poster, with a proctocol which forcon stimate meanness and low unprincipled cowardice and duplicity has few parallels in journalism. The author had not cour- age enough to attach his name to the scur rilous interrogatories propounded, or to the statement that many hundreds of people of Kansas believe them true ; but skulks bes. hind the cover of-a question in order to create the impression that they arc true without becoming responsible under the law. It is a disgrace and an insult to the eelitorsof the state that any one should claim to be a member of the profession and be guilty of attacking the character of another "in a manner so little becoming a gentleman. Linn County Clarion, Mound City. If there is one thing more despicable than another, it is the sending of anonymous communications anil circulars through the country for the purpose of doing one an in jury. "No decent or honest man will pay any attention to such things. They arc harmless, but they relied the mean, cut throat disposition" of the psrties who engage in that kind of bu-dnees. Yesterday we re ceived a quarter sheet poster with a supple ment defaming Col. D. Ii. Anthony. The poster is similar to the one sent broael cast over the country last fall'during the cam jiaign to counteract his fight on Gov. An thony. It is gotten up to bear on the Edi torial Association and excursion. The au thor of this piece of hcoundrelism. will fall short of his object. We give the eelitors of the State credit lor better judgment tnan to rely on any anonymous publication like the one rcferretl to. "Two parties are suspected of the dirty business one in Leavenworth, and one iii Toiwka, the Topeka party fur nishing the money. The isistirs were mail ed from Kansas City. Topeka Itlade. AVe have received a most lilielous and defamatory circular charging I). Ii- An thony with all manner of crimes. It is without signature and directed in a dis guised hand, mailed at Kansas City, though evidently prepared at Topeka. It emanates, t ndotibtcdly from the same cow ardly, murderous clique that caued the death of Swayze. Anthonv had the- cour age to denounce them, ami now they have marked him for destruction ; but the cow ardly tmltroons dare not attack him mojicn daylight, but Ku-Kliiv. like send ohi this dark-lantern circular. Fort Scott Pioneer. Somewhere upon this earth there lives a isior, elespt-ed, abandoned vagalxind, ilium whose brow, his master, the devil, has set his sign manual, and from whose- presence his own guardian angel has passed away in shame. If there Ls on earth a being detest ed by both saint and sinner, it is the man who seeks to injure another mans charac ter and hide him-elf Is.liind the mask of an anonvmous signature, or no signature at all. "We are led to these remarks by a cir cular which came to us last week by mail, and which contains mine fearful charges again-t D. It. Anthony of the I-caVi nworth Iimi.4. With the truth er fal-ity of these charges we have nothing to do, but the cir cular bore no signature or imprint. It was addre-td in a cramssl and di-guised hand, and on the enveloi.- there was no tKjstmark whatever, all of which indicates the sender thereof as more devoid of manhood and orTiicmli- than a mi-erable duns-hill claw- liiirchickinof the IJantam bretd. Indeed, A few days ago we received from Leav enworth, an anonymous hand bill and cir cular attackimr Col. D. It. Anthony in a scurrilous manner. We have such a perfect contempt for the cowardly a-sxvins of character who adopt that style of assault that we did not read them half through The Issuance of this hand bill proves con clusively that the fool-killer has slighted his work in Leavenworth, for its only effect on decent people is to disgust them. The law should make it a penal otTen-e to print or circulate anonymous attacks on an indi vidual. Manhattan Nationalist. Some nondescript sneak has printed an anonymous hand bill, interrogating Col. D. It. Anthony about a series of defunct issues, that we buried years ago, and is sending it to the newspapers of Kansas under a dis guised hand and without po-tmark, to de feat a re-election of the Colonel as Presi dent of the Editors' and Publishers' Asso ciation ol Kansas, vve know that exit. Anthony has only held the position of pres ident at the repeated solicitations of the Association, and will hardly accept a re election. Ilut if the villainous vender of the vindictive venom insinuated in the hand bill in question desires to raise the issue, let him crawl ofit from his ambus cade and say so, and Col. Anthonv wilj be forced to accept a re-election as a vindica tion of the courteous treatment ami enter prise shown the craft everfeincehu election. The Coto-ier has no wonls sufficiently low to condemn this hand bill hyena. Seneca Courier. One of the most infamous circulars we have ever seen came to us last Saturday, without a signature or postmark, and was directed in a disguised hand. The circular charges Cot. D. H. Anthony as guilty of almost every fraud and crime under the Lur.ni -mil vet the author of it is too cowardly and low lived to put his name to the document. We have yet to hear of a single paper countenancing! the cowardly, manner in which the wretch has gone to work. On the contrary, they have unani mously denounced it in the Severest lan- we can think of but two men in the state wliiv-i- ta.ste incline them to pick at such filth just for the sake of the- nastiness. One of tliem is an ulitnr in Tojuka. and J he either is a painter in Leavenworth- Nei ther of tin rn are to blame. They but fol low their natural instincts. Jlces can ex tract honey from tilth, ttoth of these mill are fond ot tilth, but it is not honey that they are after. O-kaloo-a Sickle and Hic'af. It is a sad thing to to think that any one can condescend to u-e such outraging mean articles. Admitting for the sake of argu ment that the man who did the cowardly and venomous thing had received some in jury from Col. Anthony, does he imagine tlia't he will gain friends by thus attempt ing to stab him by cowardly and anony mous attacks' We have opposed I. ! uiUnr In Ins fi, -lit on G. T. Anthony, but everv true man on earth must consider him-clf attacked and feel his sympathies aroused by such a terrible mean blow as the one we refer to. Col. Anthony will grow strongtr on stub diet. Such low, dastardly and skulking work will only elevate him in the opinion of every true and brave man. We hojie the time may come in Kansas when no man can wield an influence among his fellow men by such revolting and disgusting means as cowardly anony mous hand bills circulated secretly through the maiK Thayer Headlight. V lifirn receives! a scurrilous hand-bill, without date or signature, intended to dam age the character of Hon. D. Ii. Anthony, editor of the Uavenworth Times, in a man ner that is too mean and sneaking tobe given anv credit or notice by the reading public, "it consists of making accusations in the form of questions, so as to hield the slanderer from the penalty of the law, and totallv deprive the party accused of any recourse-whatever. Inasmuch as there axe many parties personally acquainted with Col. Anthonv and his character is above re roach in this vicinity, we give place to the crcularto show what detestable cowards will do to damage the character of repre sentative men. Arkan-as City Traveller Simc time ago a circular was generally distributed through the States, charging (ol. D. Ii. Anthony, of the Leavenworth Time, with a number of terrible- crimes. There wvs no signature to the circular: but its character, and the absence of a printed name amounted to the signature: "God-forsaken coward." The object of the aheet was to injure Col. Anthony generally and for the immediate purpose oi uesiroy- :Iection to the 1 resi- in his chances for re-Iectio dencv of the Editorial Association. A large majority of the editors would have voted for the Colonel's election to another term of office, but he positively refused to accept the nomination ; the same majority agreed that the author or authors of the circular were unfit for the presidency of an association of dogs. Col. A. has been very qoict on the subject heretofore, but evi dently has been in search of his maligners, for he has brought suit in libel against Mc-ars. Ketcheson & Durtee, joo praniers, and I'.Cbnev, all of Leavenworth, believing these names" to be the alia-es under "" -God-forsaken cowards" are going. If the right men are caught, it is to be hoped thev will receive jiunishment which will mate them in future less obnoxious to the public, if not more u-eful to themselves. f I'eabodv, Itice Co., Gazette. We have been made the recipient (iri common with other editors of the State, we presume,) of a circular, basely maligning the character of I. Ii. Anthony, editor of the Leavenworth Times and Pre-ident of the State Editorial Association. It is ac companied by a private circular appealing to the editors to discountenance Mr. Antho ny at the coming editorial meeting. The object of the circular, which is thoroughly clandestine in character, is evidently to break up the excursion to the mountains, . . .- ii. e c.tr. mit tf the I'resl- dencv While we have not been in laU sympathy with Thk Times and the course pursued by its editor, we can say that the circular U too much, and language would fail to describe our unutterable loathing Continued on Fourth Page. v J 1 1 J j -- ST- ? ,-V-s -i! : .-4.