LCV Spring 2013 - (Page 27)
The Civil District Court blocked Shakspeare’s order,
but a flurry of affidavits erupted between the battling
parties. Van Benthuysen filed a libel suit against The
Mascot editors, as well as the printers, artists, newspaper
salesmen and even newsboys. The Mascot editors filed
affidavits against the Van Benthuysens for assault, intent
to kill and carrying concealed weapons. The Mascot was
successful in preventing its closure, but Van Benthuysen
got an injunction from Judge Nicholas Rightor prohibiting
the newspaper from publishing any “defamatory
cartoons, caricatures or articles” against him. Residents of
New Orleans might have been divided over the exact
definition of freedom of the press, but the idea that Van
Benthuysen could get an injunction granting him
indemnity from any kind of public critique or satire raised
their constitutional hackles. Despite Shakspeare’s
declaration to safeguard the “tranquility” of the city,
citizens argued that martial law
had been imposed, and they
were now living under a
dictator. It appeared the
“mare” was living up to his
nickname.
The Mascot’s next issue
was more ruthless. It
From its biting
portrayed Van Benthuysen
satirical editorials,
MUCKRAKERS AND
as a nefarious operatic
sensational gossip
MUDSLINGERS
character and Shakspeare as
his pliant tool. The newspaper
The men behind The Mascot were an
columns and
boldly acknowledged the
unlikely trio. Osmond, age 28, could
lampoon-based
restraining order against it,
extensively quote British poets and
poetry, The Mascot
but the editors claimed that
novelists and passionately believed in
was enjoyable to
they had already printed four
the “purity of the ballot box.” Joseph
pages and did not write
Livesey, age 31 and a German
read as well as view,
anything malicious about Van
immigrant, was a former newspaper
featuring masterful
Benthuysen, only the truth.
correspondent who battled with
illustrations from
The scandal was covered by
consumption. He was quoted as saying
competing local newspapers
leading artists.
he wished to “die with his boots on.” J.
and made headlines across
S. Bossier, age 37, was a Civil War
the country. The majority of
veteran who lost a leg in battle when he
Northern
was only age 15; seven years later he
newspapers took
killed a fellow veteran in a duel. Bossier was known for
up The Mascot’s cause,
his brash temper and for being one of the best pistol shots
but some New Orleans newspapers (many with their own
in Louisiana born of a long line of fighting Creoles.
agendas, and subjects of The Mascot’s ridicule) called for
The following Monday after confronting Osmond, Van
the curbing of the degeneracy of the press.
Benthuysen interrupted a city council meeting, took a seat
The Van Benthuysens may have started their campaign
next to Mayor Joseph Shakspeare and demanded that the
against the newspaper with physical force, but they
libelous and scurrilous Mascot be suppressed. Shakspeare
longed for a legal victory. However, James Egan Jr., the
agreed. The mayor was known for his intellect and
son of the Louisiana attorney general (yet another target
sincerity in promoting public welfare, along with his
of The Mascot), decided to forego the legal system
stubbornness. In a satirical play on words, The Mascot had
altogether and settle matters with a Smith and Wesson.
nicknamed him “Our Mare,” and depicted Shakspeare as
The morning of The Mascot’s preliminary hearing, the
an old mule. Shakspeare was just as anxious as Van
newspapermen were challenged to cross into St. Bernard
Benthuysen to silence The Mascot. Articles 663 and 670 of
Parish to fight a duel with Egan, who wished to restore
the revised New Orleans City Ordinances forbade the sale
the honor of his father after the newspaper called James
or distribution of libelous material “calculated to excite
Egan Sr. an “idle superfluity” and an “expensive incubus”
scandal, immorality or disturbance of the public peace or
who sponged off of the state. Livesey was the challengee,
tranquility.” Despite objections from council members,
with Osmond and Bossier as his backup seconds. After
Shakspeare believed that with these articles (and Van
one fusillade, neither man was injured, and the parties left
Benthuysen’s assurance that he would absorb all financial
peacefully in their respective carriages. The Mascot men
risk), he finally had his weapon to stop the newspaper,
were not even late for their court date.
and he vowed to do so no matter the consequences.
The court ruled that there was enough evidence to try
Shakspeare ordered the chief of police to seize and destroy
the newspapermen for contempt of court for disobeying
The Mascot and arrest anyone involved in its publication.
LOUISIANA RESEARCH COLLECTION, TULANE UNIVERSITY
had no qualms about openly criticizing powerful men
who operated under a centuries-old protective shroud of
unquestioned authority and privilege. From its biting
satirical editorials, sensational gossip columns and
lampoon-based poetry, The Mascot was enjoyable to read
as well as view, featuring masterful illustrations from
leading artists.
The Mascot captured a time when New Orleans still
paid homage to its antebellum customs, bore the scars of
Reconstruction and operated under cautious optimism for
a more prosperous and modern future. Even with dueling
long outlawed, editors still took their lives into their
hands with every article published, since the ideology and
practice of settling scores by way of a gentlemanly
gunfight remained. Twenty years earlier a sordid whisper
could result in an appointment on the dueling grounds,
but even as the 19th century came to a close, the printed
word carried equally violent risk. Though retaliation was
always a possibility, The Mascot printed whatever it
wanted, as it was “devoted to the correction of evils that
exist in the moral, social, and political zones of the
community, and labor[ed] to bring a
more elevated standard than that which
we now present to the world.”
Spring 2013 • LOUISIANA CULTURAL VISTAS 27
Table of Contents for the Digital Edition of LCV Spring 2013
LCV Spring 2013
https://www.nxtbook.com/leh/lcvwinter13/lcvwinter13
https://www.nxtbook.com/leh/lcvspring2013/lcvspring2013
https://www.nxtbookmedia.com