Naulty v. Bulletin Co.

• Citation: 55 A. 862,206 Pa. 128
• Decision Date: 11 May 1903
• Docket Number: 57
• Parties: Naulty, Appellant, v. Bulletin Company
• Court: United States State Supreme Court of Pennsylvania

55 A. 862

206 Pa. 128

Naulty, Appellant, v. Bulletin Company

No. 57

Supreme Court of Pennsylvania

May 11, 1903

Argued March 26, 1903

Appeal, No. 57, Jan. T., 1903, by plaintiff, from judgment of C.P. No. 1, Phila. Co., March T., 1901, No. 2892, on demurrer to statement in case of Edwin F. Naulty v. Bulletin Company. Affirmed.

Trespass for libel.

The material portion of the plaintiff's statement was as follows:

And the plaintiff further saith that the Bulletin Company, a corporation conducting and publishing a newspaper called "The Evening Bulletin," in the city of Philadelphia, well knowing the premises, and intending to injure plaintiff and to deprive him of his good name, and further intending to cause plaintiff to lose and to be hurt in his chosen occupation as an expert in historical matters and a promoter and manager of historical and patriotic projects, did falsely, maliciously, wickedly, and illegally make and publish of and concerning plaintiff and of and concerning plaintiff as an expert in historical matters and a promoter and manager of historical and patriotic projects as aforesaid, the following false, scandalous, illegal defamatory and malicious writing and libel in substance as follows:

VICE-PRESIDENTS ARE WANTED.

Philadelphian Says Harewood was built by Washington and Recites "Historical Facts" Which Are Not So.

SEVERAL DISTINGUISHED MEN ACCEPT.

Washington May 16.

A distinguished gentleman in Washington, including senators, representatives, army and navy officers and others, have within the past few days received invitations to become vicepresidents of an association formed for the purchase and preservation of an alleged manor house, Harewood, said to have been built and occupied by George Washington. Genuine surprise has been caused by the receipt of these invitations, as there is high authority for the statement that Harewood, as far as George Washington's connection with it is concerned, is a castle in the air. The invitation is in the form of the following letter from the office of the secretary of the association, Edwin Fairfax Naulty, 112 S. 4th St. Philadelphia:

"Esteemed Sir: A number of gentlemen of Pennsylvania and the Virginias have banded together and formed the Washington Manor Association for the purchase and preservation of Harewood, the ancient manor house built by General Washington in 1752-56, near Charlestown, in what is now Jefferson county, West Virginia, but what was then Berkely county, Virginia. An option on the estate has been obtained from Mr. John Augustine Washington, its present owner, and a charter for the organization has been applied for. It is our purpose to raise the necessary money for the purchase of the historic old place by popular subscription, and to preserve Harewood forever for the American people as is Mount Vernon.

"It is our intention to have our Vice-Presidential Board composed of at least twenty of the most representative-men in the United States, chosen from every representative calling, and we should like to add your name to the board. Among those who have already accepted are: General Miles, Admiral Dewey, President Eliot, of Harvard; General Joseph Wheeler, Dr. Marcus Benjamin, of the Smithsonian Institute, and General Joseph Breckinridge, Inspector-General, U.S.A. Invitations have also been sent to Chief Justice Fuller, United States Supreme Court; President Hadley, of Yale; Bishop Potter, Bishop Coleman, of Delaware; Senators Lodge, of Massachusetts; Daniel, of Virginia; Scott, of West Virginia; Penrose, of Pennsylvania; Depew, of New York; Dolliver, of Iowa, and Fairbanks, of Indiana; the Hon. Seth Low, the Hon. W. C. Whitney and others.

"Permit me to recall to your memory some of the historical associations of Harewood. It was built in 1752-56 by General Washington, and was afterward occupied by his brother, Colonel Samuel Washington. It has been in the possession of the family ever since, and is now owned by Mr. John Augustine Washington. Around its gray old walls cling some of the most romantic memories of the Colonies, Revolutionary and early Federal periods. In its great parlor James and Dolly Madison were wed, having journeyed thither from Philadelphia in Thomas Jefferson's coach for the purpose. Its roof sheltered Louis Philippe, afterward King of France, and his two brothers during their exile.

"There the young son of Lafayette found asylum during the French Revolution. Chief Justice Marshall compiled there part of the 'Life of Washington,' and Sparks part of his 'Letters of Washington.' Its halls have echoed to the tread of many a famous beauty and gallant gentleman of the olden time.

"In the parlor still stands the great black marble fireplace given by Lafayette to Washington, and placed by him at Harewood. Martha Washington planted the box hedge now growing in the garden, and Dolly Madison the famous row of lilacs which crowns the lower terrace of that bower of beauty. Thomas Jefferson said of the view from its upper windows, looking east to ward Harper's Ferry, and the Blue Ridge, that 'it was worth crossing the Atlantic to see.'

"Of the 2,000 acres of land comprising the estate in General Washington's day, only 263 are now left, but these comprise the heart of the place. Mr. Washington, the present owner, has agreed to sell the place for $500 an acre, manor house, offices, barns and outbuildings all included. The Washington Manor Association proposes to raise the money by subscriptions of $1 each, and the issuance of certificates, and we hope to accomplish this within less than two years.

"Confident that you will join our Board of Vice-Presidents, and aid us in this splendid work, I am, dear sir, yours sincerely,

"EDWIN FAIRFAX NAULTY,

"Secretary."

Several of the gentlemen who received this invitation courteously accepted it without refreshing their memory or making inquiries, and are now being advertised as vice president of the Washington Manor Association. Others more familiar with the Washingtons studied up the biographies and investigated the records in the Congressional Library, the State Department and elsewhere, and are now prepared to say that there is no justification for the existence of this association, because they say Washington never built the alleged Manor House and that no such place as Harewood has any association with the life of Washington.

Moreover, the historians say that President Madison was not married at Harewood, but in a house in Frederick county belonging to Steptoe Washington. George Washington did own land in West Virginia, which he acquired when a young surveyor, but he sold it to his brothers, Charles and Samuel, and never built a house there. He inherited Mount Vernon in 1775 when a young man, and never lived elsewhere except in an official residence.

In view of these circumstances, and especially in view of the statement in Secretary Naulty's letter that $500...