The Courier-Journal from Louisville, Kentucky • Page 6

I NOT EVEN A CENT linages Accorded the Hites in Their a Hard-foiijlit Suit Agalart IhO Conrier-JonrnaL iweiTo Good Sea DecW tbat ETery Word ef the Flve-Col- vma Beport Vpcn WUoh the Salt Wu Based In f-' Tras to the Lrttw, Wittout so xoeptioa Tha Briefless Lawyers Are Not Well, and Their Clients Can Discuss That Llf tle ChtrteUr Affair OVER THE VERDICT OF THE JURY. At last, after many days, the Bite case against the Cocixe-Jouh-al Publishing Company has been tdecided, and lass night at 6:80 o'clock, the jury, titer being oat boat an boor, returned a verdict jnstif yina; and sustaining the publication regarding Mrs. Bit, saying without qualification: "We, of the Jury, Cud a verdict for the Not only was it a complete justification, but to every one of tbe eleven questions that were propounded to the jury was returned an answer In favor of tbe Cocaira-JocRSAL. Tbe Jury said after eonaidering- tba evidence that Mrs. Hits bad been in lore and had had a liaiaon with Jesse Jamas; that she bad deserted ber botband; that aha had corresponded clandestinely with a young roan in the neighborhood; that the Jesse James liaison had censed a disaffection Lin tbe Hit Camily; that Mrs.

Bite swore out a warrant against Wood Bite, charging him with kill. ing tba negro Turner, beeanea caught him carrying notes from sirs. Hits to a young man; thst the publication was substantially- true; that It was not made with any malicious intent to slander and injure; that there wsre rumors In tbe neighborhood effecting Mrs. Hite's character for chastity and virtue, and that the. defendant had reason to boilers them true.

At 10 o'clock promptly, yesterday morn lng. tbe luron were in their seats, and a large crowd, many of whom could find no seats, bad assembled to bear the resume ot the argument in the case. Mr. end Mra. Hits were both present throughout the entire argument.

Mrs. Hi to had partially removed her rail at tbe opening epoecn try ner attorney, wuagw nm, and endeavored to look and bear, indiffer entlr. all that was said. Bhe succeeded welL sntu Mr. John Rhea, of RuKeUrille, began to warm up In bis speech, and then she began to flinch.

Pulling; down ber vail at first, the sat looking on a few moments, and then riving way, she turned her face away, and held it averted until be closed. When the Jury retired, both the and her husband left tbe court-room, and were not present when the verdict was returned. JTJDOI EHKa. Tbe argument for tbe plaintiffs was opened bj Judge Rhea, of Runellrille. He began by saying that be was not in the babit of making excuses, but on account of severe cold be oould not speak to his own satisfaction.

He lived in that county of Logan which bad been traduced by Mr. Hagan. He had been born and raised there, and if he knew about anything it waa about Logan county. Col. Hagan bad tbe right to say the thingi about Logan county if he had the proof to substantiate tbem.

(He here read from Mr. Hagan 's opening address something said in regard to Logan county.) In rebuttal ot this, be would say that there existed nowhere in Kentucky a more intelligent, conscientious people there in Logan county. Its scbooi-houser and churches dotted every MIL and TOiCfS of sebuOl -children might be beard in every hollow and there wm to be found the followers of Luther, Wesley and even tbe Pope. They were governed by the rams human laws that govern ether places and by TBI SAM SEXmfETTS. It was true that crime was not unknown, and there waa no spot where it was not known.

Taking Louisville, which Logan county had helped to build up, crime ooultl aleo be found: but ebe wee not to be traduced on that account, merely to create prejudice In tbe minds of an intelligent jury. Louisville's record wss also SUed with deeds of robbera and thugs, but the whole people were not to be blamed for it, and tbe speaker requested Mr. Hagan to re mo re tbe mote from his own eye and then talk, l( he would, about Logan county. The people of Logan county, almost to a man, In the war bad been with the tkrath, and, BIGHT OS WROITO, were with ber stilt. The James boys had been in the war, and, after It was over, had turned robbers "Royal Robbers," ss tbe paper had called them and went to Logan county, but the good people were not to be blamed for this nor held responsible.

They visited ths Hits family, and some of that family were engaged in the murders and robberies, but tue whole family waa not to be held responsible for ths dseds of one or two. if that were right, where would ths Governor of Missouri bare been to day. since by going to the county toU and looking through the bars could be seen a Crittenden, who bad been Indicted for murderf Tbe Hites might have harbored and concealed their kinsmen; but Crittenden bad escaped and had come to bis relative's house, would It not have seemed reasonable and proper that they would hsvs harbored and concealed him? Mr. Hagan held out the Idea that It waa the money that UK got from the James gang that Induced him to harbor them, but the jury knew (hat be would not have driven them away without the consent of his wife. Ail these things had been said to ITX A PRXJTTDtCa la tbe caae on account of tbe James gang In spite of what proof might be produced.

Hagan had alao lugged Steve Burbrkfge Into Loran connty, but how he aid aot know, aa that wretch did not belong there any more than be did In Louisville. Mr. Hagan had pre seed the point about the history of the Hltea. Mr. Uite's name had once bres honored upon Vein street, and he could command any amount be wanted.

It was no crime that a man had become a bankrupt and had been reduced, from wealth to poverty, and if poverty bad not overtaken Hite. the Conns- JovanaJ. would have never dared to have published what it had. Vice oould go about the street CV5THID IS TVTLTLX and fine linen, while poverty must go end bids Its head for fear some one would slander or traduce it. Whatever might be said about Logan eeuaty, no man living in it had ever been dragged i i in court i or uoei tor traaucinc a pure woman's character, than which he oould conceive no amau i crime.

In the defendant waa to be seen a powerful corporation, which held a vast moral Influence, and which was man aged by men who bad the making of State gov- mmeuta, and who by tbe stroke of the pen had influenced tbe selection of Presidents. It was a paper of great power and reputation, and Justly so, and as such should be able to prove all ft said and nublisbed. This great corporation bad dragged front privacy a poor and humble woman ana man ww puoucuy ana scaausi sunpiy to give test to aa article is order to please and adnJnls- tar to a BBorbid testa of the nubile. Mrs. Hite was an bumble sewing gtrL the flaugnter roz a carpenter, just as Mary, the mother of Jeaua.

was the wife of a carpenter, and was dragged Into publicity and scandal for a sensation, only that It would sell papers. The paper had charged that she had been intimate vith Jesse James, when Jesse was not ia the land and could do It no barm, and had dons so with so desire to break up the gang, as it i aireeay oroten up ana lis loader killed by of one of ibe most DAatsiwo cowarraACXBS had ever known. lie called it a damnable eoastiiracy, because Jesse James waa assaasi- t-t ia a large city which was Oiled with polios. who should hart captured him. Instead of the great Commonwealth of Missouri Stooping to enter into a compact with thugs and murderers to assassinate him.

When tbe gang had been broken np the paper bad seat a reporter to Lvgan county to tad eS the haunt of the gang, and ba tad disoorered that Mrs. mie was In love with ease James, fotf Jesse Jamas Thananer had not eared whether It was true or false, snd bad said that reliable rumor nau said it wss true, but only maa said it was true before It waa published. Ibe jury did sot know how moch they had to Contend againa ia tarn case, wnen tney (urbtiiur sis I sat the Tsaspie tbe people had i ed st ourth sad Oreea streets. -V. THAI TawaTTJI corporation, with all its array of snachtnery, talent, brain and money wu contended with, sod it was only the oonscioueaeea of the jus! ZTZ.

ledthisi Soeosneand Mgage la the contest, and It wu for the jurors tabs the arbiters and determine the character of bia client fas the rase. Tba paper had nub. liahed aa article rnallciouily and the morals of the community bad not been elevated by it. rTharowaa nssdtae in the pooiioatioo, and wbea Mrakiemaa had been asked about another ehilealETthaS had eimesred. be had said that publication that had appeared.

it in in or in written it- but ha Inilis-asd it, This article had not been written- to break, up the James gang arte elevate the morals, and the CovauaovasAi. should be ahown that could not bring a person's eharacUr from privacy i XWTO SCAITDAb. v. It bad been said that Mrs. Bite had tmblush- fnarty spoken of her shame la the presence of the court, but the eourt bad beard what she had said about being seduced by Clay Peck, then marrying him.

giving birth tenia child. (The speaker here paid Peck a compliment for marrying lira Hit after he had seduced her, and referred in Indignant terms to tbe Pukes ease that was so recently decided, Keferrlnz to Mrs. Hire's am when she left Tennessee and the wlinnasia from Robertson connty who had testified against bar, the speaker sua us won sne lert mat state sue was oniy thirteen years old. and it wss very strange that she could have rained a bad reputation eo young life. Judge Rhea tbea paid bis respects to OIL Walling in a scathing manner, reflect! ng very severely on that Individ nalscbaracter for veracity.

decency, eta, end stated that Walling was not worthy of cokp Ajnowa or itstt.t.. nor to dwell with the devils there. He then reviewed st some tenet the testimony and tried to make it favorable for the plaintiffs. ana wen ciotea mi sprecn witn a penorauon about history and the part the James gsag played It. The speaker received some applause one twice during his address, and retired to make way for bis ton, who represented the defendant the case.

jomr s. khz a. After few moments' Intermission, Mr. John 8. Rhea, of Ruaaellville, attorney for defendant, arose and said: Mat rr Plcasb Tora Hovos awd Too, Gsma kkk or Jcit: I shall offer no apology to this court or to this jury for what I niay say or tbe length of time I may be ia saying it- I am here in the discharge of a duty thst 1 propose to discharge according to ths dictates of my own con science and judgment, limited only by the law aa delivered by the Court.

i shall not attempt to foUow the gentleman who preceded roe in this trackless waste of undiscovered country that be has rone over in tbe most remarkable argument that I have ever heard made to a jury. I beg pardon for the use of that word, because I feel that nowhere along tbe Une of what he said was that whlchdnight be dignified by the word argument. If be ever rot inside the real Hue issues of this cause, from my look-out. I failed to discover it anywhere in the hour and twenty minutes consumed. There ia but one Issue involved ia this trial; and that is, the truth or falsity of the alleged defamatory matter, aa published by the In the ascertain nutat of the truth or falsity, of these charges, many and diversified questions may arise that the jury, in coming to their conclusion, may have to sit and solve In order to reach a just and proper conclusion on that one question, and that one alone.

The defense Is not to be driven from its true position by Invective or inuendo. We have been challenged to the bar of this court, and we XSWXBXO THAT CHALLE50X. They hare said to us. "You have wantonly, will fully and maliciously defamed the character of a good and virtuoos woman, a citizen of the biate of Kentucky." We have answered that we spoke the truth, and put ourselves upon our country and the testimony to make that assertion good to this Jury. Now have we done it? That is the only question to which your minds mutt at last direct themselves, and that ia ths one srreat and onlv iaeue involved in thia trial.

Great complaint has been made, and doubtless wm do again, mat tne defense has run over the States of Missouri and Kentucky bunting the James gang to connect them in some wsy with the plaintifr. Sarah Hite. The charge has been made that, wickedly. waliciously and cruelly, a i tat corporation, tne greatest journal in the South and Southwest, has dragged from the seclusion snd privacy of her home a coy. shy maiden and wife ana held her out to the world as a lewd, lascivious woman.

True, tbe veil has been rent asunder, perhaps, by the chargea of this defendant, but in so doing they have but lifted the blind and discovered to the world what heretofore has been deemed the cloister of a modest, virtuous wife, the borne of a bandit, a robber, and a woman who forgot her marriage vows, who forgot her virtue, herself, her husband, and lent heraelf and her charms to the embrace of the once notorious Jesse James. These be bold words, but they be true under the evidence which I ahall snow to thia Jury. How, the starting point of this plaintiff id that her acquaintance with Jesse James or any of the members of that gang commenced in the Christmas of 180; that from that time to the time ot his death three times would cover his visits to tue Hite bouse; that at no time during either of these visits was she in a position to have bad improper or intimate relation with Jesse James, had she wished. That he waa there under proteat and aarainst her wiU. Now what testimony do they offer to sustain that? History that the gentleman Eroclaim so loudly repeats itself, it he desires istory to control your verdict.

And for twenty years the history of this country says that this robber band of and thieves have been harbored by Geo. B. Hite, not that the kindly feeling for a kinsman has caused him to take them in when they like hunted stags fled to him for nrotection. but that fresh from their crimes with their clothing dripping with innocent blood of their victims, they have rone over In the pres ence of himself and family, and recounted the scenes of their murderous deeds. Did not (ieorge Hite, tbe son of tbe plaintiff, tell you that? That many a time and oft Jesse and some of tbe gang around the peaceful fireside of Oeorge it.

ilito would recite the different scenes of murder and of HOBBKBT, ASSASSIWATIOW AOT) PILLAGE thst they had engaged in; that there they would relate the circurriMtanoee of thia or that murder or robbery, but that never a tear was shed for the life of some poor victim who was sent to the Throne on High to satisfy tbe murderous appe tites of tbe James gang. This It history, the gentleman wants It. it is hlstorv so clearly connected with this case that it w'iU not, like Banquo's (host, down at their bidding, but constantly arises to remind them of their evil deeds sad their connection with this robber band. There Is some more his tory in it. too.

I do not care to go with the gentleman over the early history of Logan county to wnat territory it oruinuiiy compruwa. or ss to wnat counties nas since been iormeu out of it, nor as to what groat and illustrious names have been given to Kentucky and the world that claim old Logan county ss their mother countr. I am Droud of her neoule and Proud of ber heritage. 1 owe ail that i am to these generous people; but at the same time I must confess with shams thst almost every pub lic road in Its limits has been reddened with ths blood of an Innocent victim that to this day goes unavenged, do not parade inese tilings to DuosT, because I bend my bead witn snamewhen go amona stranrers and the questiun is asked, "Are you from tne dark and txoody ground?" These are matters or history witn wucn not only tbe neoDle of Logan county and or Kentucky areac qualnted. but that is known from the shores of tne Atlantic to toose oi ir.e raciuc.

nworj that is noised abroad by everv newspaper In I he Korth, charging it upon Kentucky that no man is safe within her borders: that tbe law and lun arTord no nrotection to the citizen or to the urop- erty, and old Logsa county uss not been exempt in tier snare oi tne opprconura cast upon the State. This statement ia true, and particularly so as to this town ot AdalsviUe. Around that quiet little town, dotted as it msy be by churches and school-bouses, more crimes nave been com mitted than upon any other equal amount or territory in the Htate of Kentucky. Victim alter victim has been slain because of tbe malice of some red-handed awswin. AU of these facta are history which tbe gentleman forget.

liut 1 care not lor these tmnga. They are as so much rubhlsii tbrown Into the case to divers your mind from true issue involved here. But lot us come down to the issue in the caae and see where the plaintiff and de fendant atand. What auuiding naa the one or tbe other in this court! What tight has the one or the other to demand or expect at the bands of twelve honest men, chosen from out the vicinage to render a verdict ror tne one or tne other? Nov first plaintiffs allege against this great corporation, uua vinoicuvw corporation. THIS rXBCRCrCLOCS that ram drao- Governors down from their hla-h estate, and make them come the willing tools ot It.

to swear anything to a jury that will win their tret it says Sarah Z. Hite to In love with Jesse James, and that ner uaison witn mm nas been the cause of defection among the Jameses and other mem oer or that notorious band. Now I invite the gentleman who follows me squarely to that Issue. Leave rhetoric to the dogs and all sky-scraping language, and come aown to tne tacts, tne taw and tne testimony proven in this ease, and by that issue and that test I undertake to say this defsndant wUl stand or tall. Ihe defendant said that Was It true! It has said it.

Who next? Sarah Hite. When did she say itr Wbeu you left your hus band and took up quarters at the Beauchamp Hotel ia Adairviue, a mile and a half distant from his and your tneretor ore home, ia conver sation with the Justice of the Peace who bad been called to sit in judgment upon tbe misdeeds of Wood Hite, your step-son. you said "Okl man Hite it jealous of me. I have left him and separated from him. and it waa because he waa jealous of me.

Wood Hite was put as a spy upon me, and demanded of my husband that be eend thia robber Wood Hite from our peaceful home that we might thereafter five in peace and happiness." hat answer did Oeorge B. Hite make to this true and loyal wife of his, this woman who, like Cesser's wife, wu above suspicion! Wood Hite robber and of ou. is wide, but leave Wood here. Ia not that bar statement Ah. but they say aid Moore was in- toxicated, and therefore youcan'trery upon what be said.

sirs, mie says ne was intoxicated. Ki.Miia Mva ha waa intoxicated. Frank Ueao. champ, the greatest Roman of them all in this man. savs he ares intoxicated, and you cent be Ilevs Kaq.

Moore. Well, pus Moore out of the war. Wunkea people are soroeumee not retiawe and clear witnesses to what took place. There is another gentle maa who Uvea at Bardatowa, ia the county of h'ebjon, and State of Kentucky, whose business was that of a detective, who knew the James gang by History had brought the knowledge to his mind: history that said that lilt nouse wu tneir rraarsrous. snd seVit-Ueorge W.

Hunter down to the village of Adairvilla. He flada this poor and slandered wife at the Eeauchamp Hotel. On the same day that Intoxicated Moore talks to ber, ahe says to I that intoxicated Moore I Oeorge W. Hunter. I me.

jealous of Jesse Jai Il3 she so, or baa re vv Hunter, "Old man tlite IS Joa total or, ealous of Jesse James. Vs have seoara ted. ri rarer, are wa asm oy a bandit, bunted and hounai ry the orncers the law, but I prefer him, robber aa he toy mr lawful wue, mere is tne aoor. tne world is ne so Ci TV rac cpuaiBTt-JouaryAitf Tjqjjjsfiuuvi. -THURSDAY, AKCfl 23.

1881 w. is. vr Jovnaau brought him bers to swear to that which false? Has this same subtle Influence dragged Hunter here from bis borne in Neaaoa county and caused him to speak that which be knew to raise wnen ne swore before you to tea the truth, the whole truth, and nothing bat the truth help bint God? who else says Jess James wat in love with herf Who else that hleuaisoa with ber had broken up th James gang and ottoer members of the Camily and osueed disaffection with them? George B. Kite himself said so. Ah, hot he sold so to that diet eputabte maa Iff ami an, who baa permitted himself to be dragged here from his legislature to testify to facts exclusively within his own avowiedga.

Therefore ra can believe that. Tbe attorneys admit that be did say so much to Crittenden. but palliate aad attempt to evade tbe truth and force of it if find lodgment in tba minds of this Jury, by saying that he wu aa old man, broken- hearted; dispirited and on beaded knee before the great pot lata of the sisal State of Mlasomt suing tor toe pardon of bis dying Great Oodl If there is ever anything thaioould prompt me to BLaJTDEB TBI WTflU whom I have before God and man sworn to love and rhwrlsh and protect through good aad evil report may Heaven ainre my tongue and my right arm shrink withia its socket. For the purpose of securing the release of a robber aad bandit Oeorge b. Hite would blacken and defame the Character of a pure and innocent woman who bore no other and leaser relation to him thaa that of wife.

Take either born of the dilemma, gen-tiemen, that you please. Parade It as strongly as you can to this jury. I aay if either one or the other is true these plaintiffs stand before this jury as unworthy of sympathy, much less compensation. Are these all tbe facta proved in this trial! They say that these things don't amount to much; that Crltteodea sustained Mrs. Hite.

Yes, they sustain ber, when she says thai she had left the home of Geo. B. Hite because be eras jealous of her and of Jssse James: that be had put Wood Hite aa a apy upon her track: that she bad separated from him by reason of that. W. W.

Lylee here tntarrupted the speakev, claiming that there was no such statement. Mr. Rhea then read from the testimony of Moore in substance the same as be bad just stated it. Now she is telling Moore tbe causes which superinduced the separation of herself and bus-band: that Moore need not be afraid to prose cute W'ood Hite: that If Jesse James were there be would kill Wood Hite; that if she bad a friend on earth it was Jesse James; that ahe had put tbe alternative to him, either to send Wood away or she would leave, and be takes the latter course and turns his back upon this partner of his woes and joys, this pure snd chaste woman, and chooses the robber and the thug. Great and unbound in? love this old man exhibited for his young wife.

He had gotten over bis foolish fancy and reason had once more taken seat, snd he knew that the greatest mistake of his life waa when he married Sarah E. Peck. Thev say that, even if George litte did tell Got. Crittenden so, be was suing for a paid on for bis son. and that loe for his children would compel him to slander and defame the woman that he had sworn to love, honor and cherish for better or for worse.

You say If you put another construction on it, it only sustains Sarah E. Hite. I say so too. It sustains her when she said that jealousy on the part of her husband had brought about the killing of the negro Turner; that it sustains her when she said that if she had a friend on earth it was Jesse James; it sustains her when ahe told Hunter that Jesse James was a particular friend of hers; that ber husband wss jealous of him. But it utterly confounds her when she gets upon this witness-stand to make out her cause of ac tion be re.

She nuts herself in the face of every scintilla of proof thst has been given in the case, puts herself, with her smeared and BLACKENED RKPCTATIOX, aa the sole one who has testified who is creditable or credit worthy. They say that shs had sepa rated. Yes. she had. Hite may nave told the truth to Crittenden.

They had separated temporarily. There is no doubt that the James gang bad been the cause of the separation Gen tie-men, sophistry sometimes gets in its work, but it won with this jury. Tell me what a man with sense enough left to go home and kiss his wife and children at night means when he says John Jones has caused a separation between me and my wife and destroyed my home and happiness? Does he mean that John ia a robber and my wife ia afraid of him and haa run away, aepa- rating temporarily! melsromlnfbnck." Is tliat the language sensible men use to convey that idea? ioes any man on earth receive it with tliat understanding or that Interpretation! What does domestic peace and happiness mean when a man comes between a it band and wife? It means virtue gone, honor forsaken, vows forgotten, shame overtaken. That is what it means and that Is what Ueorge B. Hite meant when he said to Oov.

Crittenden that "Jesse James has separated me and my wife and destroyed the peace and happiness of my home; he has corrupted my family, and for these tilings, an old man, broken in spirit and almost ripe for the grave, I come and ask you to pity too sorrows or an old man. 'lnat la not au. unite 11 me, gentlemen, if you were left there, if no other proof, no other fact, no other circumstance were adduced in this case to establish the truth of these charges complained of and aUeged to be defamatory of this woman, except what 1 have detailed upon these two points of the love and liaison witn Jesse James, leu nis on your oains, when both plaintiff, Sarah Hite, and her husband aav these thinrs are true, publish it in oourta of justice, to magistrates in tne discharge oi tneir duty, to detectives, to Uovern- ors of States, teU me if you can say aa honest men that this great and unscrupulous corporation, as they choose to term it, has been miUtv of a slander toward either or both of the plaintiffs? Happily for a true and more perfect solution of the issues involved in this case you are not left there. I know that when a slander is alleged and jusUtfcation is the plea you luuat prove substantially tbe charge as laid, or you lalL And you rail to prove substantially tne charge laid, then the plaintiff is entitled to some veruict at your uauus. out i a as uisgusteu a ueu I heard proceeding from the gentleman who has just addressed you that, if tbe charge waa made mat a woman or ine town was a common street walker and when you came to prove the specific charge you proved that she waa an inmate oi bouse of ill-fame, a jur.

should give ber a verdict. AV jury shou uid BUT UFOS HXB and aay. get thee behind me. Satan. TeU me that a woman can come and complain that you said she wore a red stocking on the right leg when iu fact it was on the left Tell me that a woman can i come to a Kentucky Jury and say you charge me i with having been In love with Jesse James, with ha Tin 2 had a liaiaon with him.

with bavins' separated from my husband on that account, and although you have mads that almost ss clear as anv human fact could be. yet you have tailed in utile particular to esiaouau tne bdsciqc charge laid; and, although I am self-confessed unchaste havhur had a child that waa not sanc tioned by wedioca, baring yieiuea myseu to tne embraces and the amours of a man months be- l. 1 i j.kt 1... U. ...1.

my neighbors.say my reputation is bau, that I axu unchaste, and that 1 am no fit ooiuDanian for the society of good and virtuous people; and lor ail this and all that, you must give me damaes. Such a claim is ridiculous, preposterous, absurd: it puts to blush any statement i have ever beard made to a jury in the seal of argument by coun sel anywhere. These are tne particular acts and the particular facta relied upon to prove directly the charge as made, how sue says tliat ber bus-band was jealous, and that caused the killing of the negro turner; that Jesse James was as good a frieud as she had; that if be were nets, he would kill Wood Hite. Don't you fear the Jameses. They would take Wood scalp and wear It aa a trophy in uwir oeiu rne toiu lluu- ter substantially tue same thing.

Then hite fol lows up the statement by bis own to the Uovernor OC auwoun. liu aw nrv. uu ju. miw akuww whether these tacts are true or not? tney were untrue, did they dare swear they were! but we are not left there. inner facte and other circumstances that tne Court tells you you must consider in arriving at tbe Drooer solution or the question propound ad ariae all aionz the une of this caae.

Tnere Is an old taring mat where mere is so muca smoks there must be some fire. Thove is a bigger draft of smoke issuing rKOX THX HTTX CHIM5IT to have been no fire beneath than any place I ever knew of. It curled out lastly, slowly, and soared ud in the skies, and the gazing multitude aU around AdairviUe saw the smoae and thought there was nre. Let us see wnat tnese other cir cumstances and facta are. 1 here is Adam Bell, Joseph faisley.

K. A. faisley. L. Paisley, Jim bmith aud others who say these rumors were current In the neLrhborhood: that Una the cur rent talk and goaaip of the neighborhood where Mrs.

iiue lived that ahe was in love with Jesse James; that her husband wu jealous of Jesse Jama; that they bad separated; that it was the ounni renort there that Mrs. Hite had been so- cused of sending notes of an improper character to a young man in the neighborhood, and that Wood Hite. suspecting Una negro and detecting mm tne aa. auiea mm tor uv only that. but Charlie Hibbs, tbe young man, says that theae facta are true.

Kow he doesn't ear that ths note wu improper. But, Mr. Hibbs, you did get a note from lira. Hite on a certain occasion? Yes. Who gave it to you? John Tabor.

Wbo wu John TauorT Tbe negro Wood silte killed. When did he bring it? A short time before be was killed. Irtd you have aay other from Uri. Bite? Yes; Dr. Townsend delivered me a message from ber.

What was In the note? 1 can's rauxmilMr: it commenced Charlie. What an endearing name Charlie a name which has gone in song! "Uood bv. Charlie: when ru vas awav. Writ me letter, love; send me your photo graph." "Charlie' was tbe endearing appellation by which this woman, who had no accrualntance witn nun. woo nam never seen nun out once ot twice, and conversed with him but once, ad fliauai mm "iTnarua nawava Taira, in ooa nits wut ne ettcr muiug you.

What fond reooUectioa that one word recalls! Then be did gt-t the note; Mrs. Hite did send It. Did she send is eovertlvT One witness hi aid that she met him st ths well "tne moss covered bucket that hung tn the well" end allrmed bin the note, and that be. detecting St. killed tbe negro.

If she knew that Wood Hite this robber aad thugbad murder in bia why did she snake a cwMmndaat of thia negro? Why did not she go to the strong arm of the law and compel the majesty of the great Common wealth of Kentucky to apprehend this man bad murder in bis heart, and tbe arms noon person wherewith to carry It into execution, and have him arrested aad save the Uvea of Ibe tisane? Bus she goes to the negro at the wed, and riles to Charlie to take cara-oewarn, how. dont you believe tnaiJ "I be to if Wood Hite wu going to kill him, that he don't know. "Itad you aad Wood Hite ever had aay onleultyr Kone on earth." "Had there ever been any El-feeling existing between you" None.r Bot tha pialntin' steps in and explains, when paeon tbe stand: -How, Mrs. Hits, what did you send that note to Charlie Hibbs forf' thought the Wood Hite waa going to kill him, hniiass he had said thaa saw him snd Jesse James waiting in the woods one day." Ten thousand men have seen Jesse walkina: tm the woods one day. Man have seen the muxxa of his murderous gun sticking out the windows.

Why did he want to rill char-lie? Bsoansa Charlie had seen him fam the woods one nay with Jessm, Why Jesse was like the Irishman's flea; yon saw him. but wbea you went pat your firurer on hint he was not there. What he bad toidtbe officers that be sew Jesse walking the woods one day. This is a great fact locked up In the breast of Charlie Hibba. and the only way to prevent bias telling tbe detectives to rosealhislirindagxh.

Pesdmen mi, sk TAias. That is the plaintiff's explanation of it 1 jc us try ner on another auuemsa ot ima B.Hite; whether tbe reason she left wus personal misunderstanding between ber and ood Hite. She says that aha knew that Wood Hite bad uiied the negro, that Wood knew that she knew ths fact and for that he drew his weapon on her and threatened to shoot her. and for that and that alone, ahe left her husband's bouse and went among strangers. Waa compelled to flee the Stats of Kentucky snd goto the State of Alabama in order that she might finds secure hiding plsr from the bloody vengeance of this bandit.

Wood Hite. Now let us see whether this is true by ber own testimony. When did ood Hite threaten to kill you? The very evening that he killed that ma.ro. How long did you remain In the house of Hite with him after that time! I never finally left there until about two weeks after. Rve waa there nearly two weeks with this murderer.

the is a shrewd woman and she saw that she bad put her foot in it unless she could get out of that. Now. Mrs. Hite. you stayed in that house with wood ten dsyi when he had every opportunity to carry his threat into execution, and took no steps to apprehend him? Yes, sir.

Why? I was afraid if I had him arrested that Jesse James would kiU me. Then she must have got word from Jesse to have Wood arrested, and that was her bes; friend on earth. And she tells Moore, if he were there, be would kill Wood himselr. She has him srrested. and Wood escapes by walking out of the back door of ths place where he was confined and offering the people a reward for the man who was guarding him.

She then quits Kentucky soU and goes to Aisoama, and a month afterward wood fine is slain by a member of bis own gang. Iick Lid-die. Mrs. Hite is In weeklv oorreKnondence with a i l. her husband, according to her tale; that weekly letters of the most endearirur.

lovina and affec tionate nature passed betweeu them. Then she muss nave received the news from him, for he knew that this man who had caused her to flee her home was no more. She stays away three or four months longer and did not come back to Kentucky. Whv did not tou hear of it: did not your husband write to you? Yes. Then this woman, this partner of hitk's domestic bliss, stayed a wsy three or four months after the murder of Wood Hite.

when he was the cause of her temporary separation from her husband. Strange conduct. Then what? She came back on the V-tith of April. Did she go to Hite's house? No. Where did you eo.

Mrs. Hite! She knew thst both Jesse James and Wood Hite were dead, and yet when ahe came back ahe went to Corinth. twelve or fifteen miles from your home and husband. She stayed there two or three days, and then she went back to White Cave. Term.

Never was the bond closer united between these two until the clamor of the tJ5.000 darnages againat the great and unscrupulous corporation ansea. i ne nrst uuie ahe goes back to ner domestic joys Is when depositions were being taken in AdairviUe last year. Prettr conduct for a true and loyal wife, slandered, bemeane befouled. the privacy of her home dragred open to the world, a pure, virtuous. Ood-lovinr woman tra duced, slandered, viilifled.

Has ahe, under her own statement, been slandered? They complain and in fact it is one general complaint, trom the beginning Of their petition In this court, and will be at your verdict they complain that Oov. Crittenden came here voluntarily to testify to immaterial facts. We thought it might be material, and the Court thought it was material, and on that ground al lowed mm to tesury. et tney impugn bis motives, say that he left his Lepslatiire, and came here volurtarily to do the bidding of this corporation. Who came here to do your bidding? Frank Beauchamp, Lew Warner, Bob Hunt, Arias Dorris? Who were they? The counsel for the plaintiff dared not allow them to answer the question whether or not they bad themselves been noted for these things, whether they them selves had been in trouble with women.

Iorria ia a nice atandard. lKn't reUable rumor say that you are havings liaison with a woman in Adairvllle! These men come to-day to this court for the plaintiff, sml vet they complain that the honored Chief Magistrate of the State of Missouri comes and says in furtherance of justice to teU to the court and jury that which might have a bearing upon this case. Nice with such men to attack a Chief Magistrate of a State, and impugn hia motives. A 8 WEST- SCEIf TID QUASTXT have thev produced. And yet they attack and Imptucn the motives of Oov.

Crittenden, a man chosen out of the body of a great people to preside over the destinies of a great State. And he is subjected to viUlflcation at the hands of attor oeya who want to reap from a jury a verdict for having said that which is proven to be true. But does the case stop here! No. Did anybody else ever hear that George Hite wanted a divorce? James Smith heard it from Hibba. Hioba beard that they had separated, and that Hite was going to apply for a divorce.

Who does he bear it from! rom Hite nimaeir. xs ne suing ror tne paraon or his dying boy then? Is he invoking the iron gates of the penitentiary to awing back that his son may come out a free man? But they say that be wanted to make a ianu iraae witn tuiey nlLOs; that his wife's dower atood in the way, snd thst he said this to Hibbs in order to help the trade in the land. Base and mercenary is he to thus traduce his wife and hold ber out as a woman worthy to be aen- arated from. Do you thank your attorneys for putting you in that light? TeU tbem no, for tbe aaas of common humanity, that for the sake of a few dollars you wouia traduce the name of a good and pure woman. Can you Imagine any thing more aiogusung or wormy of condemna tion, execratioa or scorn than such a statement aa that? That a man.

a Kentuckian. havinsr sworn to love, honor and cherish tbe woman that be has chosen out from among aU others as the partner or bis woes and oys alike, for the sake of a few dollars would traduce, slander and villify ber. Who else says so? John K. Hite, a son of the plaintiffs. He roes about the neighborhood Inquiring how much will you contribute to get father a divorce from this woman? What ia tbe fair and logical inference to be drawn from that That he was doing the bidding of his father wbea he waft taking up thiit subscription.

If he was not, if be never said that, why have they not put that witness on the stand and prove by him that he never fuuu or uuu Knowieuge or aucn a thing. Tell me. gentlemen, under ail these facta snd circumstance you hare one sinrle iota of doubt in your mind ss to the truth of every charge hm nuuiH. If tou can leu me eo. 1 asK ran unon the testimony of wnat witness you found that doubt, unless It be the single, solitary, unsup ported testimony of Mrs.

Hite. wbo is contradicted by every witness wno comes to tne stand. But it is not always necessary that you should have direct proof of a fact in order to say that It Is true. Take the indications witn Uus proof that I have shown you and you find that Mrs. Hite la reported as having left her husband: that she In love with Jrsae James.

It aav oi man than tne nusoana is love witn a married woman, that Is a liaison. Love and liaison there are synonymous terms. The neighbors all knew of these things, Yesterday I wu struck br the very ingenious toeech of Mr. O'NeiU In opening inia case, ne put it down this way: That Bell waa the only man that bad ever heard anything bad about Mrs. Hite.

Bell Is the man whose cross-examination they declined, with thanks, to read, after they bad drawn it out of and out us to the issue of reading it Bell nmitinnaGil. WalUnr's name, and savs the Pais leys knew about It. what doea Paialey say about it! That tne am umo ne nearu aoout it GIL Walling spoke of It. OU. ailing is the man who was forced into a marriage with this wom an's sister.

He heard the negroes talking about it. They explained the death of thia neero by saying that Wood Hite discovered him carrying sucdo uvwi Aim rn.T.rp htm. I believe they say Oeorge Price never beard of it until after ths publication. I undertake to say that be does say so. He savs that the first time he heard of it was about the time of tbe troubles and the publication, and I believe some witness said that ne naa nearu ma wus say uiaa ane naa beard about this woman cnaracter.

ot only that but their own witnesses (Slat wilkerson. John Crunk. B. H. Boone.

Clay Iaer) and Kufus iwrmr itr iiinisal drawn out oa cross-examina tion, all bad nearu oaa report ot ner cnaracter before the publication. Thev sav that she was a young girl led astrar by wicked man, who surrendered herself to her passions and the embraces) of Clay Peck; that it Vas the flrst, tost and only time that shs bad ever committed any act of nnchattity. and that for that she should be forgiven, as ner arter ure bad I mane reparation for that Indiscretion. Let us see whether that wu abe only act They put this question to many oc tne witnesses: uta yon ever know of any direct act of unchaatiry on her part! Host of them uy they never knew of any direct act, but It was only rumors. But finally they ran against Rufus lxor, and naked him if he ever heard of any direct act? Yea What did you hear That nf av frolicsome atrma.

What do yon mean by frolicsome? 'ot right What by rbTnu uo you mean ouwr leuows uestuw yourself? Oh. no- I never got aay. She promi-d tat sorne, but I never got IV. lick Holmaa told ma that he rot It from ber once. Wbo to lack Holmaa by tbe record? A almssa wbo has beea examined, and they could have asked him if this wu not true, Ko; I wu wrong.

Forster Holmaa got some sad Idck waa prunilsad. but never gos it. This is tbe pure and virtuous woman. bhe had set up a civil service reform bOL She stack to It aad endeavored to show that her Toothful indiacretioa aoouid not be remembered. and she starts out by saying to soma, "Not this evening, but some ether evening." Bat it to no pleasure for ase to parade this DOGCSTIJa TLSTUtOaT anthaSnrv.

I do not deBrnt la it. bat ia the dTs- charge of a duty to a client I could not permit ueae lavjts to go unnouccu. 1 wonVl ana aa trae So way to to and, no matter how unkind, bailor vulgar they may seem, they are facts proves ia the record, and no one baa said that Rufuslsor. tike Gil Wailing, is nnworthy of credit. Let tugaxeonQll and see bow much credit he is entitled te A reputed liar la he? Yes.

Caa a reputed liar ever tell the truth? Sometimes, Wbea caa yea seorrtaia whether he is telling ths truth or not! Whea his statement Is corroborated by other facts and circumstances that go to show that, although bis imputation is that of a liar, yet in this particular Inetanos be baa spoken truly. As aaif-degradlng aa it may be tor a maa to get np and detail his criminal acts with a woman is not for you to deal with. Be It said to his shame, I am willing to admit that he would parade his own rice, or for which be waare- sponsible in part with this woman, to tbe jury, but if he has Sons the sole question for tou to determine is, is it true or false! and not whether you or I would have made such a statement. How bad was Itr It was aa good aa thia woman. hy? He haa the tarns blood that she has.

They Can claim pedigree a him. They can't say that she is Muegraas and he pennyroyal and seed- nck. Now. bow bad it bis social standing? He yisiiea ue orrises. He intimate enongh there to betray and ruin a daughter of orris and a sister of tbe plaintiff, bumcleet standing for that, though afterwards, driven by Shot-guns, ss this record shows, he went to the marriage altar and gave ber his name com her shame.

Be is about good the plaintiAV or nearly so. They received him socially. Ware they of the best social standing? They say they ware, yet they attack their own visitor, kinsman, brother aad son-in-law. He got tired of that marriage, according to the record. He did not leave them because he got bad after marriage, but because, I suspect, they were bad before that marriage.

Nor is thia in proof, and let us see whether hia statement worthy of credit. He says be used ber for bis own base purposes whenever be got ready. Lt us see whether be did or not, outeids of his bare Statement Did anybody else ever get any? Clay Peck did; that she admits with her explanation and excuse. How she was susceptible to the approaches of men. She did not frown at tbem when they came at her in that way.

They say that the blandishments of Peck overcame her chastity; that may be, but ahe wss not wholly without the approach of man. Iwi anybody else ever have improper relations with her! laor ssye that Forster Solomon got some, and that Dick Holmah said that she had promised him some, but be did aot get it, There is two. Peck and Solomon. AITOTHKn WAS PROMISED, but for some reason did not bare tbe promise fulfilled. Who else? There is a maa named Lnraughan that figures here extensively.

He is a married maa witn three children. How does he figure in the case He visited Sarah E. Hite. He would go to the livery stable and ffhire a buggy. go to a confectioner and get a package of cara mels and start out and stay tdl the wee short hours of the morning, and when he would get back he would say; "I have been to see my gal.

What gal! Sarah Norris: and had a fine old tiro' She la the finest form you ever saw. He i tliat. He roust have made a critics, examination. He once said, I have an engagement with her to go over to flidung. If you will go with me I will make things all right and we will both have a fine time.

And this is Sarah E. Norris i Mrs. Hite). a just, virtuous, traduced and slandered woman, as her counsel would have you believe. There is another man, then, who, while he don't come out ana show the mouse in tbe ml.

yet he leaves the bag wide enough open to see the tracks In tbe meal, and you know the mouse has been there. There are three parties. Peck. Forster and Solomon. Kow who else Let us take Smith McC'or- mack, one ot their own witnesses.

You helped to arrest Wood Hite! Yes. Did not he then and there Kay that three men kept his mother-in-law, and that ben Jeter, the arresting officer, was one? Yes. Thus, fresh with Ute blood of the neCTO on his hands be made that charre. Ben Jeter is still In the land of the living. He is in Kansas City.

But ther ssr that ther are not a powerful corporation that can drag him back here. they can drag themselves after him and take hia deposition if that is not true, and this they have refused to do. How there are Peck, Forster, Solomon, Draugban and ten Jeter and two other men, making seven. Why should ahe not with poor (ill? What good reason oould she oiler to him for failing to comply with such a modest request! Let the poor dog have none. MOW, THESE AJtK FACTS, and they can only confront them with Invective, abuse and vilification of witnesses; but they can not be denied by testimony in the record that this woman had yielded herself to tbe embraces of several men and put her charms up either the object of barter and sals, or that her passion- led her where her judgment taught her she should not go.

Do these facta Justiry uil wailingT hie had, according to ber own statement, dons that thing with one of her sisters. He had been Intimate enough with her family to actuajly accomplish the ruin of ber sister. Now rurht there I want yon to no tice a very remarkable statement In answer to a question put by Judge Rhea in chief: "Did not Gil WalUng take advantage of a aiater of yours and accomplish ber ruinr" "Yes, he did that very thing. After a while she was handed over to the cross-examination. I asked ber: "Mrs.

Hite, yon say that Gil WalUng took advantage of a younger sister of 'No. an elder one. "Took advantage of an eider sister and accomplished her ruin?" "Yes, air." "Did Clay Peck take advantage of you and ruin you!" No, sir; he did not ruin me. He took advantare of me, but he did notruinnie." What waa the difference between these two cases, Peck begot her with child before he married her. WalUng begot Miranda with child before be married her.

Both married them afterward. Yet Miranda wu ruined by reason of her flagrant act and the plaintiff was not, because she is here seeking damages for the Injury done her character. She says she has been damaged. Not to her reputation. Had she any reputation to be damaged? Judge Rhea grew eloquent in aeiense oi nis nauve countr or Logan and tbe little town of Adairvllle, studded witn churches and school-houses; that village where the disciples of Wesley, and those who found their faith on John the Baptist, and even the Pope of Rome bad his followers, and the followers of these had testified as to the chastity of this woman.

THXSC CHURCHES HATX SPOKSX, these school houses have spoken, but their voice was not for her. Tbe loafers and the grog-shops have riven her a good character. I do not say that aU ber witness were loarers or rrog-ehoo i. She has some as good and reliable men as can be found anywhere, liut now do you text character? By ths value or estimation your nearest neign dots put upon it. wnat estimate did Mrs.

Hite's neighbors put upon ber? Was she received into the bosom of one of their fam ilies! Hibbs, DarOin and Trautrhber. her wlt- nesss. none of them ever received her in their houses. AU of these men hedged about her said tout her reputation was bad. Tin Smith, without saying that ber reputation was bad, says that he has heard her general reputation for chastity discussed.

Wesley Hibbs bad heard it 'was bod. And these were her nearest neighbors when ahe lived at Hite'a farm. And they have got people three, four, Ave, six and even eight miles to swear to her good repu tation, and yet listen wnen tney are ail screwed down to the one test above all others: Are you a married man? No. sir. Iid your mother or sisters ever reootrniae this woman In a social way? sir.

i hey nave one voice on tnat subject Many of her own witnesses, when asked, Did your wife visit her or she your wife, have said, Xio. sir. You sll may, perhaps, know, like I do, the free and open hospitality of country life. You meet a man; it la "uooa morning; wnat la tbe news? Come over and bring your knitting, Mary, and spend the day with my wife." aL but Sarah and George were never found around the happv nresides of their neighbors or their dinner-tables. Her own sisters, even, did not sanction her.

The only one that says he ever viaited her was Fletcher, and this ahe denies. Now, there are Jim A. Bell, J. B. Paisley.

Psvdley. R. A. Paisley. Barbee Stanley.

rarhan (Jhambers, Sam Martin, Lawrence Hasan aad Ueorge T. Hite, all Keu- tucky witnesses but Haieu, who is a detective living In Cincinnati, who aay she was a woman of bad repute. And we have twenty -one others as good men God ever blew the breath of life into, such men as Ben F. Hurt, whose hair is silvered by tne snows or sixty winters, noted everywhere won his nrrKonrrr. A doctor and druggist in tbe town of Springfield, who says that while she lived there her reputation was bad.

And these men the gentlemen will not dare to say are not worthy of credit or will attempt to lilify. To be sure she was ten, twelve, fourteen, sixteen, no matter wnat age she was, thus early to Ufe she had established a bad name and from that hour up to this, standing by the record. that reputation haa dung to ber like a pell. There to 8. Taylor, J.

0. Pope, C. 0. Holman, Mimms. Cohen, Fisher, Pike, laor ail say ber reputation waa bad.

Tou see what little Oeorge Hite says about ber. She says that the family never objected to ber; that the objection was not personal to her self, hut oniy to ner age. as tnat toe reason No. They objected to her and the Norrisea. Little George says so.

I sat and watched the struggle ia little George's face, when he was examined, between parental love and the dictates of his own eonscience. The struggle wss severe, but truth waa mighty and gained tbe victory, rvil. rioludav salted thirty or fortr oiieationa to find what waa the objection to Hite a marriage with her. pot uua one: It not true that at the time roar faint marrteu tnis woman, ana neiora, toe socisi sraon-ing of herself aad her family was such as to ran- der her an unfit associate for your sister!" A. "Yes, sir; berore Uod it was true." rJ Oouidav raaihaa to ths rescue.

"What do tou mean by social standing! Do ka k. waa sni Iks famllvf' "I mean that she waa notes good ss we war And never from 1077, tne tune lite gave this woman bis name. have his danslilsss darkened the door. Mrs. Hite gives the absurd excuse that they never wsre mntea ana tnat is tne reason tney old not ooene.

Think of It- GhUdrea staad oa ceremo ny with their parents, and for Ave or six rears not to visit because tney were not invited, way. whenever nave got aotning to eat at ansae my wife aad I go down to lather's, and ws doa wart to be asked. ToeoneiBde. Its established beyond the per-adventura of a doubt that this wotnaa did have a love affair orjialsoo with Jesse James; that she and Hite had ssparafed aad that their iatentioa was that It should aa a assnaaaat separatioas that Jess James wu the entering wedge of thai sparatlon: that they bad contemplated suing for a divorce; that Mrs. Hit aid writa and secretly tend to a young msa tne iiei.rucTnooa notes, end that Wood Hits discovering that fact killed Mow.

I sav these of tbe chajvu published, snd hsvs they sot been provea la this easar Ana even ir they have ot ass prewea. seals yea say that this waaaaa or ispntBwua anas was wurus even one cent should you feel ypuresif bound by 'to give her a verdict? the law to give comb to tm qusmox or sValicb, i Hers Is a notorious band of robbers and cut- throats, whose exploits have pas to bloat anything of ancient or modera times, wbo have year after year defied not only the eosss fosttfofns of Missouri and of Kentucky, but af tba United states. The tender of that bead la at tost overtaken by one of bis own band and killed. Great evriteiuewt prevails. The Out' sjaa-Jorraaai.

kmowtBs; from history, to which the gentleman so eloquently appeals to sustain him when be went outside of the record, that hia home bad been the Hite hmsva.that his house had beoa thelr reridesTous and place of refuge, sends a reporter down to Logan eoonty to get She facta. Who did it send? It seat a maa who by reason of bis own energy snd bis own satire aad by the exercise of wiU at aU tiasee rightly directed haa gone from obscurity to faraw. aad has won for hi ruse If and his paper laurels la the journalistic world Starting from aa humble position on a Bowling tin an paper. leas thaa two yean Dan e. O'SuUivan has gained tbe proud position of efanaging Editor of the Cotnuaa- JoeauL.

He goes down there aad gathers thia news. His paper publishes it. It never knew George B. or Sarah E. Hite.

There oould be ae personal motive influencing ft. Were they reek-fees? IHd they evince such a care or prudence or judgment or trill to show a reckless diregard of the righto or reputation of this woman? Ths record in thia caae ahowa that they exercised a considerable degree of care and prudence. That everything that 08ullivan gathered has been proved in this case to be true, not only from reliable rumor but from actual facta themselves. It, then, these are the facts, what standing has this plain riff in court? It has been said that "Love is of man 'a life thing, part, Tis woman's whole existence. I think that might be paraphrased in this case: "Character is of man's life a thing, apart 'tis woman's hole existence.

No man wui defend true womanhood quicker thaa I- No maa will sooner rusb to uve the reputation of good and upright woman. But when a woman by reason of her nnblushins; acta of unehaatity haa paraded herself to tbe world and then comes to a jury and that thev ahould mnlct in damares a defend ant who merelv said what shs herself says is true, meets neither my sympathy nor my defense. I thank you, gentlemen, for your attention. J. 8.

OOLUOaT'l BXMARXia. When Mr. Hay conclude! his argument Hon, J. S. Golliday closed tbe caae for the plaintiff.

The substance of his speech Is aa foUows: He sold he would not have time to ro over all the ground made by the other side, and asked that the iurv be not deceived bv the arins and contortions of hia ODDontnt who had just spoken, and ro out of the records If he had the capacity he would not go through the mini cry that bis opponent had. The onoosite counsel Seemed to have gathered inspiration from scenes such ss the "Naiad IJtieen" and "Black Veuua," He was not here to indulge in such these, and the jury would not be diverted by sucn a passing word show. They were there to vindicate a mire character that had been arrayed by money and genius and aU the appliances and mechanisms of a powerful corporation and were here to answer the four questions. If ths proof showed that the pub lication was false after surveying all tbe facta, then it was exDected thst such ludrment should be given as the jurors might see fit by their eon-sciences and oaths. The speaker took up the questions propounded to the jury, snd asked if bis client was in love with James.

Tbs lurora wars not to rss by the preponderance of testimony for the plaintiffs for mere insinuation and ignore all testimony for outside impressions. No witness could sar that Mri. Hite was in love with Jesse James. He then asked if Mrs. Hite had a uaison with Jesse James.

There wss Dot a man who did not know that a liaison did not mean criminal Intimacy. He asked how abe could have had a liaison with Jesw James, when sue naa oniy met him three times, and saw him onlv at the table, and when there waa no possible chance for any such liaison? She has said that she had no liaison with Jdm6 James, but the defendants say that she tuts lied. Norris hu said that he lived in the same house with her. and that she had no opportunity for an intimacy with James. I he defendants had said that abe bad told 'Squire Moore that nan ecsbaxd srjsricTKD hii of liaison with Jesse James, but she had stated that she had not told bun so, and when 'Squire Moore is said to have seen her, he had been In an Intoxicated condition, as was proven by her fsther.

Mr. Norris. who was present at the roeetinir in 'Squire Moore's office. Tbe counsel bad said that Geo. B.

Hits had stated that Jesse James had corrupted his wife, but that was not true. He had simply said that Jesse James bad caused a separation. If the jurors had two sons that had been led astray and decoyed into graves, they would have said alao that he bad corrupted their family, He had no imputation to make upon tbe veracity of Oov. Crittenden, but when they had wanted Mr. Hite to explain what he meant, hia mouth bad been ragged by the cold civilities of tbe law.

When Mrs. Hite was put on the stand to give her history, tbe Cocaisn-JouasAL bad said It was one woman's Ufe to be investigated, and it might have said it was one woman's death to be investigated. She had given her story ia a manner that would have done credit to any man in the country. She had sat amidst an excoriating examination, and you had an opportunity to judge by tbe expression ot ber eye and by ber manner of the truth of a-hat she said. Had abe said that her hushsnd was jealous of Jesse James? She had not.

bhe wm at war with Jesse James and Wood Hite. The defense had proven this by their own witnesses, and by Geo. T. Hite, whom they had called the best of all the family. She had been A TOCXO WOMA1T.

and a poor sewing girl, who had married an old man who wu related to Jesse James through his tirst wife. She had only seen James three times, and the jury rurely would not infer, in spite of tne preponderance ot tne evidence, tnat ane had a liaison with him. He asked, thirdly. If Mrs. Hite had applied for a divorce from her husband! Bhe had said that they had been separated, and so had he (the speaker) been separated from hia wife, but that he expected to join her again when be returned home.

Wood Hite had said that three men bad kept sirs. Hite, and that Marshal Jeter was one of them, but Jeter himself hat said this was aUe. When she had left, ber bus band bad rone a portion of the way with her. and saw her atway In safety, bhe had gone to Alabama and stayed three mouths, and then re turned to Tennessee, in proof of which letters could have been produced, had not preponderance of evidence been already sumcleal to show it. He asked, fourthly, if Alia.

Hite has sent notes to a young man in the neighborhood. The defend ants had proved that she bad sent notes to a young man, and had called him "Charlie," but this was notuirur if she had called him "Charlie, aa he waa a poor crippled boy only nineteen years old. By a process of insinuation and lying this womah'a (Mrs. Hite'a) character had been maligned. Here the speaker grew poetical and quoted extensively aoout a cnaracter iaiatnsu.

ine rumors about her could be traced back and con centrstod in one or two persons wbo bad been impeached and were not worthy of belief. Hia opponent had talked about Mra. Hite being drilled bv ber attorneys. He would not say that the defense had done anything of the kind, but If they had tried to drill their wltneates they had failed. He did not think nr.

itagan most unscrupulous law ran he had with, but there were very few exceptions. He did not believe there was another lawyer in Louisville who would make any such charge of drilling. As to the cuarsres naran bad made against aw as Imiu county be would say nothlna. aa the coun tr had been eo aoty defended by a man older than ne. nagan naa ueen surjsxaDuaiea or jobn Rhea In regard to Logan county.

Young -ale RhMhsd been raised in Loarmn county, and as tbe okl saying was it was a foul bird that dir tied iu own nest After the James rang had been broken up, tbe CovafKB-JotraxAi with malice, bad sent a prudent aad i ainmet repor ter to make an investigation in regard to tbs rue. He had gone to KuaaeilvlUe with notes already prepared and bad aatd be bad a coaver' sation with Geo. lute, who had denied what the reporter said he bad told him. and thia "diserset and prudent reporter" had then re turned after such an investigation and given to the' world a sensation. If the defease did not nrove what they had published tlacy should be made to pay dearly for it The Coraira-JocasAL had gotten Mr.

O' Sullivan, a nioe gentleman who WOKX A DUDX" COLLAK, to investigate, and he had given one of tbe most envoy able ot mecea. excepting uanrw wsw not a word of truth In it Just to please sensa tion-lovers, O'Sulllvan had written up a pure woman and destroyed her character, aad had struck a blow at old man Hits, whose word had been once good his bond. Tbe defense snlhad In lured themselves in so do ing, that Mrs. Hite submitted to the embrsees of Clay Peck before she married him. 6he had ad mitted this and bad told that she had a chud by Peck, wbo bad afterwards marnea net nroved himself worthy of God and ot bo far as this was concerned, be oould point to a man wbo wm mentioned as a PresideoUsl candi date who had a skeleton of this kind la his closet.

Clay Peck had conaoaoa a wrong am naa and bad anarried tbe woman be had injured. Mra Hi la had rnarriMl a man whose credit i Im tA. muntrr for love, and vet aha k. hitLi nn bv ribaklrv for this la the pub lication. Nearly all the testimony dated War Mmaitinn with Peek, and had av tha man QiL Walling.

After trying to show noma of tbe testimony to be of no Im port, tha speaker read the editorial pararrapa which had arpeared ia tbe Cocaixa-Jotasai, ahont hrisfiMs lawTers and characterises clients. and endeavored to show by it that malice was intended- He said that character was what the neighbors thought shout a person, snd that tk. d.h.Hn' had thbtv seven witnesses wbo had aaaVMra. Hits was of good eharaotar. while the def anas had only Bell to show that aha wm aor os ax nKFtrrsi after she married Hite.

The sneaker then at tempted CoL rllersUoo to the Jury, sad asuxad each separately if they did not love a woman, aad appsaiad is tbem tat bebalf of his client Um aald that the Stfantt had state of the ptaiaufTe witnesses bad beea barkeepers and loarers, out ne woum say ana coum prove that In addition to salooa-ksenera. thev had had sheriffs, snare ha Is. deputy anerUTs and doctors to testify to Mrs. Hite good character. Refer ring to the rusaors about Mrs.

Hits, the spssker ssad tans no wonsae eaald pass a rtoaas crowd tort would not havtsornetMng low to say about ner: Tl TliasasTari tisil nana ran dmiTithas rhsstlt but it and the jury would, not say that JOT Hit Wig impure svxsuaM such a witness -waning had aisnoered ner. The niaJnaffs could neve breurhS oo witnesses to tesu tr to her reed character. thought they bad sufficient evidence already. Mr. Oolbday closed his speech with a poetical aad submitted the ease to the lury.

Kg. IXaJTX SAGAS tbe ease for tbe OovsuaaWoTjaur as, aa follows: Hay rr Ptautsa Tora Howoa awn Onrrunm oa vaut Jean After von have given so much attention to the evidence In this case, I do not feel that I would be justified detaining yea any laager. My duty to my cilrnta. however, makes becessarr that I should briefly state the why jsdgnsent oould aot justly be mail in ml earaiaet tbem. We said at tne opening of.

this trial that which tbe other side would attorn to libelous would prove true. We save done shows that not only wu the article true, but much more could have been said, aad said truthfully. The lawyers had turned their batteries oa me for saying that we could make good all these Statements. It wu only one of tbe many evidences they had gtvea dnnnar thia trial of tha weakness of their cause, kluch more Could bars been said of Mrs. Hite thaa was said.

The evidence shows that ahe stood behind those thieves and helped to protect tbem ia their nefarious schemes. If ths rail could be thrown aside aad this woman's true character, la ail Ita Baked deformity, be revealed, then there mould be another trial and of a different nature from the present one. in which she would figure. When I spoke of Adairvllle and Its vicinity, I think I said nothing that could not be suFUlned. Mr.

Lylea says that GiL Walling and all the other witnesses are LIABS AIT0 RASCALS. He also told ia high-sounding words of the moral atmosphere that surrounded Mrs. Hits How couW people exist in such a high moral place? He then went on to deny the charire that be had ever attacked the people of Logan county, as had beea Charged. IIS paid an eloquent tribute to the great men who had come up from that county and made their names famous. But tha other side bad OS lied the paper he represented a dirty sheet, a libelous sheet.

Let them look at that building which stands the monument to genius and energy, the pride of the city and ths boast of the State. Who was at tbe head of that paper? A man who started In a grocery store, and, by his energy and pluck and good habita, bad forced hia way to the head of his profession. High In the list of this country i eat men you will find the name of Walter Haldeman, of Henry Watterson. of Oeorge D. Prentice snd of Shad.

Penn. And yet these men who have dona so much for their State and their country bare tbelr paper called a libelous, dirty scurrilous sheet. These wanton attacks had no bearing on this caae except as a matter of history. He told them the motive which caused the article to be written; bow Jesse James bad been killed bow there yet Ungered a remnant of tbe band in Kentucky, A prudent young man wu commissioned to Investigate the matter. He saw the most reliable people of tha county.

Col. Golliday himself was forced to admit that he never read a more Interesting article ia bis life. It waa COnXD ALL OTXn THI C0TJ5THT. In all the volumes of writing thst have been given to the public on this question, there wss probably nothing that was so interesting, so elegant and so gracefully written as this chapter ot hitherto unwritten history about tbe secrets of tbe James boys. Thst publication wss true.

Tbe Ant charge against Mrs. Hite, wsi that ahe wu In love with Jesse James. Had they act proven that? The husband's admiaaion provad that. Mra. Hite herself aald that ahe had fallen out with her husband because she allowed Jesse James to come to ber bouse.

How could this be when, according to her own statement, she never saw him but three times at her house. Three years after she waa married be came oa Chriat-maa-eve night, and left the next day. He came In March, 1881, and in April, both of which times she only saw him at the table. Ifas shs says, she saw Jesse Jsmes only on these occa sions, whst was la that to make her husband Indignant. Is not ber statement absurd? He went on then to show tbe reason she had left and told of her residence in Alabama.

When did she make up with her hus band? Mha came back to Adairvllle in Uscsmbar, lwi, and then the plan wu laid to prosecute this auit against the aad tbea. and not till then, did ahe become reooncilsd to ner husband. Mr. Hagan then took up Mrs. Hite's statement about her are and showed how It conflicted with her own evidence and with tbe evidence of others, She said she.

war thirteen or fourteen years old when she was at Springfield, when the evidence aU showed that she waa nearer twenty. ui Hite anew her two or three rears before the war. She was ssven or eight years old than; that waa twenty-five or twenty-six years ago. Mrs. Hite had BnSaXPnKSK.TTKD BIS AOS tbe way throuarh, and had not hesitated to lie.

They produced too witnesses, til of whom speak Of her at Sprinfield a grown woman. If she was only twelve or thirteen years of am, aa Hhe says, now coura sue ne a grown woman. When she was In Springfield she wu nineteen or twenty years ot age, and twenty witnesses swore that at that time she was a woman of Ul repute aad bad character! Even out of ten of their owa witnessea.flve swear that she was a wotnaa of evil fame. Wu old man Hits jealous of Jesse James! Mr. BeB says he was, Mr.

Moore says he was, so does Mr. Smith, Mr. J. B. Paisley.

Mr. R. A. Hunt or. Mr.

Price and Mrs. L. Paisley. He read from the testimony to show thst whst he aald waa correct. He also told the story of that duel in Hite's yard.

Judging from the well-known character of Mrs. Hits, to it dimcuit to tell who was tbe eause or that scene? History is full of Instances similar to that Helen led Qrtece against Troy: Cleopatra csaaed the downfall of Antony. When Mr. Hite heard of the death mot nia son ne immediately said that Jease James bad kiUed hitn; so did Mrs. Hite.

Why did they think so! If this dual had not occurred on Mra. Hite's account. If there was no jealousy between Hits and Jesse James, why should both instantly come to ths same conclusion? What about this note-carrying that went on be tween her and the young men in the neighbor hood. Charley Uibbs, after much hesitation, had mads his deposition, but whst did It amount to? He knew the reputation ot the Hite fainlly. They were men who killed.

He feared to rive anr other testimony. Why wu ths nerro killed! Judge Moore stated that Mrs. Hite said that negro waa killed because or tne jealousy ot new husband. He read ths testimony TO FROVa HIS That negro was killed' 200 yards from his house. Why was he killed? Waa it because that poor negro knew that wood uite naa neen in Missouri robblnr the trains! The trains were robbed in September snd the negro was killed In October, if tbe gentlemen would examine this testimony they would find that it more than bore out the cautious language of the article.

They proved the rumor. The publication had not said that ths note wu sent with evil Intent The paper could have cone deeper and broader, and not strayed-from ths truth. Shs herself said that be was killed because of ber husband's oa lousy The kUllng of that negro waa tha be- Inning ot toe uowuiau ui toe gsuit wuicu nau so ong terrorized county, lira. Hire fled the county, and went to Alabama. Did aha hate Uddur one wens to atuaset aooais to swear for him.

It didn't look very much like abe bated him. It ia true though, that at this time she had made up with her husband aad wanted to rob tne t'oi'Uca-JonuiAL ine robbers shs wss in ths habit of associating with did others. Had they not proved ry me teramony Mrs. Hite's liaison with Jease James? Tney had proved It to the satisfaction of every sensible man. Tbey could only reason trom circumttsniisi evidence on so delicate a question, but there probably never was so strong a ease Blade oat.

Mr. Hagan reviewed Oov. Crittenden's testimony and repeated what old man Hits had said to him about his son. He told of tbe nroposiuoa or divoraa, and aald the iurr would hardly hava aay doubts aOOUt It. 1 aae toe arsumouy ot wis.

Hite herself, when she told Judge Moore tnat aha separated from ber husband for good and alt TAU HU 0WS ACTS. Hs ridiculed tbe Idea of witnesses being brought in to testify to not having heard anything against Mrs. Hits. Kegauvt eviaence wu worm swung. There probably never was so mmsy a ease brought into a coorvronm.

two men who swore that ahe wu characterlesa He told of her lover. Peck, tying his horse near ner bed-room window and leaving her arms whea the first faint streaks in the east warned him that day was at hand. He described after Feck how, broken-hearted, blastodin name and faran, be bad crept back to bis old borne to die. Tbea want into anoinrw taowy. now broken up; some ot saw vuuaws, others dying violent deaths.

Thia woman bad baeathVeuee of tt all. He told at, tha okl farmers la ptobertsen county, who re fused to let tbeff sons rpeax to ner on account ox her lascivious rwputaUon. Ia eonciuston, ne asra toe wnots caae wiw tow jury. Us knew that when they read these aues- aat. Crime was on tbe increase, and otto reason, for It wu that juries were too tonlent What flae commentary tt would be to have It go forth to the world tnat tne journalists of asntucky i taxed to support eonr ederatea or the James mag.

Tbey nave su i.aiiy ooae ua nanas wnaoea injury. There couli not nave beea more SQ-dadty ahowa tha wu exhibited by thia wecnau ta saying ana naa aay eawanw aa au. oa sets tbe case with the jury, knowing that their verdict would be is favor of bis clients. At the close of the aiasiiieal the fury re Hi ad. and careiuUy eoneidered tbe questions that had beea propounded to tnem ana applying the in.

strartioa that bad beea gtvea. After remaining oat about an hour returned and gave sweeping verdict for the defendant, saying that "Wa, ei 5 the jury, find a verdict for the rlsfsarlasa." 1 i. Zie Chares vastryi The following gentlemen have Tsrtryrnen of Zloa church for 1883; T. Palls, TJ. Ward Smith, 3.

Ajidsrsoa, Horaoe Gooch. J. S. lOnott. Cba.

F. Mlnott, Wm. ILcCready, W. N. Marshall.

1L Clarke, John Killer aad TV. aC Head. If yon are a frequenter or a resident of miasma tin district, barricade) year system azatast ths sexjurje ot all new countries-- ague, batons end tataraittent fevers by tbe use of Hop tUtters. "LraWOTOJI, TOD. 1B3U.

have sold uop tutsare ror soar yw wi there is no medicine that sureuses tbeca (or UUotai attacks, kidney complain! sad man I SO seas swsrau in. It a -a- 3-V" he aatne wnea aw mmmm vow, ensrn A A.