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Page 2 of Argument of Hon. Henry L. Stone of Mt. Sterling, Ky. : delivered May 20th, 21st, and 24th, 1880, before the jury in the Jefferson Court of Common Pleas, at Louisville, in behalf of the defendant on the trial of the celebrated libel suit of Thomas M. Green vs. Thomas F. Hargis / reported by Charles A. Graham ; with an appendix containing the pleadings, instructions, verdict, judgment, executions, officer's returns thereon, and sketches of the jurors.

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ARGUMENT 0FI HON. HENRY L. STONE. of -the State, had been attacked by the plaintiff, Thomas M. Greenf, through the public press, with a recklessness and desperation perfectly amazing to all fair-minded people. Once more a Judge of the Court of Appeals was sought to be stricken down. This time, however, the assault is not upon his life; but upon that which is far more sacred- his character. The weapon used is not the knife or the shot-gun of the assassin; but the poisonous and more deadly pen of the calumniator. As early as Monday, the 28th of April, 1879, but two days after the nomination of Judge Hargis for Appellate Judge, W. B. F. Clift, of Mason county, held a conversation with judge Andrews, at his office in Flemingsburg, upon the propriety of reviving the charges that had been made against Judge Hargis in 1874. Judge Andrews repudiated such a course, to his honor be it said, but in that conversation Mr. Clift tells Judge Andrews he had learned from Mr. Green it was his purpose to again revive these charges against defendant. On the 5th of May, the plaintiff, having been in the city of Louisville, arriving at Maysville on the night of the 4th, is met in the street by one Mr. Hutchins, and there occurs the beginning of the revival of these charges in the year 1879, Mr. Green does not take Mr. Hutchins' proposition, he does not base his action upon what Mr. Hutchins says to him, but shortly afterwards, on the same day, Mr. Wadsworth, the leading counsel for the plaintiff' in this action, sees Mr. Green. A similar interview to that with Mr, Hutchins takes place between them upon the subject of these charges. Mr. Green says to Mr. Wadsworth: "I can take no action in this. matter upon verbal statements. I am willing to act upon information given to me by responsible men, but that information, and that basis. upon which I propose to act, must be put down in black and white, So Mr. Green himself testified. Now what interest in this matter had Mr. Wadsworth Why didn't he leave it as it was But instead of that we learn from the testimony of Mr. Green himself that Mr. Wadsworth, later in the day, came to him.with a letter which forms the text and basis of the article of the 7th of May, i879, written out in full with his name signed to it. For what For the purpose, I am authorized to say, of giving Mr. Green an excuse to revive these charges against the defendant. That letter is as follows: MAYsvII.LK, May 5, i179. THOS. M. GREEN: My Dear Sir:-I have heard for some time that the statement was in circulation that you had changed your opinion, heretofore often and plainly expressed, of the charge against Thos. F. Ilargis, of mutilating the records of the Courts of Rowan county. I now learn from Col. R. H. Stanton, that when he was in Clark county, recently, a gentleman there asked him if you hadn't taken it all back, and if Taber hadn't confessed that he did the crime, at the same time telling him it was freely so reported in Clark, Mr. W. B. F Clift, of this county, also says it is so reported about Mason county. It is right that you should know this, explicitly. Very truly yours W. H.WADSWORTH. We thus see from the record, and from the lips of the plaintiff him- self, the manner in which this controversy was revived in the month of May, i879, at the instigation of his leading counsel. Not a candidate against Judge Hargis, not personally interested in the contest for Appellate Judge, for some unexplained reason Mr. Wadsworth takes it upon himself to write this letter, to afford Mr. Green a pretext for reviv- ing this controversy. 2