publisher of the New York Globe and Commercial Advertiser( promoter of the fight) responded in an article on page 1 of his newspaper, concluding the tirade with the following statement: Masterson“ made his reputation by shooting drunken Mexicans and Indians in the back.” 1
When Masterson filed the libel suit, the law firm of Simpson & Cordozo was hired by the New York Globe to defend the newspaper. Although Cordozo was nearly 20 years away from being appointed to the Supreme Court( that would happen in 1932, when he was chosen to succeed Oliver Wendell Holmes) his firm in 1913 was a well-known one in the city that had handled cases against many famous figures and celebrities and was quite capable of defending the New York Globe against the $ 25,000 libel and personal injury suit. Masterson’ s suit had surprised many people since he usually took the talk about his exploits as a gunslinger and frontiersman in stride and ignored them. He did, however, react negatively to anything that implied he had been dishonorable in any way when carrying out his duties earlier in life as a lawman.
The trial opened in May, 1913 in New York County Supreme Court, with Justice John Ford presiding and a jury seated. Cordozo stated the position of the defense as being that Masterson had been known for many years in his life to carry all kinds of guns, to regularly shoot them, that he often was involved in conflicts during which he shot, wounded and killed a number of men, including Indians and others of different nationalities, and that he developed a widespread reputation because of that. The remark that had been printed in the newspaper was just meant to be a“ jest” between two rival betting men.
Bat Masterson was then called to the stand to be questioned. His attorney, Benjamin Patterson, started the questioning. He established that Masterson did not currently carry a gun and had not for many years, that he had never been convicted of any crime, had not ever shot any Mexicans, nor ever shot any drunken Indians or anyone else in the back. Masterson, who at this stage in his life certainly did not fit the image of a daring gunslinger, was then questioned at some length about his life as a western lawman in the late 1800s and at this point the judge also asked him several questions – and was clearly interested in his answers.
When Cardozo began to question Masterson he quickly tried to establish how many men had died at the former lawman’ s hand. Masterson denied that it was the rumored 28 and despite all and varied attempts to shake him, he remained firm( in fact, he concluded he’ d only killed 3 men during his lifetime). He was particularly adament about never shooting anyone in the back – he clearly found dishonorable. If Cardozo found Masterson difficult to shake in his testimony, he would be even more frustrated in dealing with other witnesses he’ d expected to bolster the defense’ s case.
One, who was asked if Masterson’ s reputation hadn’ t been built up by killing large numbers of persons, said instead,“ I would say that his reputation was built up because he was a most efficient officer of the law.”
At the end the jury retired deliberated only briefly, then returned a verdict in Masterson’ s favor- awarding him $ 3500, along with $ 129.25 in costs.( On appeal it was reduced to $ 1000).
Bat Masterson( pictured above, second from right) stopped off in Trinidad for a brief visit in 1910 and had his photo taken at the train station with a few old
friends. The 57-year old former town marshal is shown with John Conkie( far right), who’ d been Trinidad mayor in 1881 and was the man who appointed Masterson as marshal.
Others pictured are( left to right) John English, editor of The Chronicle-News; Charles White, a Chicago sports editor who was travelling with Masterson; Ben Springer, owner of the Annex Saloon in Trinidad; and John Gysin, owner of the Trinidad Sign Co.
Resource Article About Court Case: Manz, William H., Benjamin Cardozo Meets Gunslinger Bat Masterson, New York State BarAssoc. Journal, July / August 2004, Vol. 76, No. 6, Albany, NY
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