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

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