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Benjamin Clark v. William Hickman

Abstract

In August of 1827, Benjamin Clark, a resident of Hempstead County, sued William Hickman in trespass on the case. Today we would call this cause of action "slander," for Clark alleged that Hickman said Clark was "a damd rascal he swore a lie against my Son." Supposedly a grand jury for Hempstead County had been summoned and it had returned a true bill against William P. Hickman (the son) for perjury. Benjamin Clark had been summoned as a witness and had testified against Hickman. Hickman Senior then allegedly accused Clark of perjury on July 13, 1827, against his son. Clark filed suit in the Territorial Superior Court in August 1827. William H. Parrott represented Clark, who asked for $20,000 in damages. David E. McKinney, the court clerk, issued a summons for Hickman, which was served by Deputy Sheriff George R. Dooley on Hickman in Ozan Township.

We do not know who represented Hickman, but at the October Term Hickman demurred to the declaration. The case was continued over until the next term. At the April Term, the case was dismissed, seemingly by the defendant's motion, since Clark was able to recover his costs from Hickman.

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