Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1837-11-30

Trial for Libel.
CRcUIT CoURr Nov 2Sth and 29tb-Before
Judge Edwards.--Major g. Howard versus Mr..
John l.. Thompson.
This was an action brought by the plaintiff who is
the keeper of the public store on Staten Island
against the defendant who is the pos nj Temp
kinsvllle Staten Island. Damages laid at S25 600.
The ibellous matter complained of was contained
in three letters written s Levi Woodbury., Esq, as
Secretary of the Treasury, by Mr. Thompson, and
they were respectively dated June 20th July 4th and
July 18th, 1886.
These letters contained several charges made by
Thompson against Major Howard, specifying amer gst
other things that ne had appropriated The public pro-
perty to his own use-been guilty of various frauds
and peculaons- carried away 40 or so loads of tim
Der from the public store and put II into his own
manslon-and praying for an nvesligoti ton into Ma
jor Howards conduct, and his removal from Office;
the letters also contained the names of persons who
it was alleged could prove the charges stated and
then went on TO say that the Collector Of this port,
General Swartwout, and a Mr. Vermilyea were so
connected with Major Howard in these frauds, that
they could not, nor would not put stop TO them.
Gen. Bogardus and Mr.. Girard conducted the de-
fence; Mr.. Maxwell appeared on behalf Of the
plaintiff.
The defendants counsel entered on the record IA
counts, containing specifications as TO what they
meant TO justify or ground the charges contained in
the letters on.
But al the opening of the cause on Tuesday they
stated that they withdraw the plea on the record
admitted all the charges 10 be false, and pleaded the
and that the defendant at the time he made them, be-
| lleved them to be true.
This was made special action for libel, and there
sre il necessary the part of the prosecution to
prove cypress malice in the conduct of the defendant
Mr.. Maxwell commended that the plea of justification
| entered on the record implied malice
| Gen. Bogardus denied this. If there was an unsuc-
cessfu attempt 10 justify at the time of the trial,
| then malice might be inferred.
The letters were read containing the charges After
| the Two first had been received at Washing ton il APP
peared that the Secretary of the Treasury them
| 10 Major Howard. An action was commenced
against Thompson. lie was arrested and gave bail.
He then wrote another letter TO Mr.. Woodbury., say
ing he had been sued for S25 900, asserted he could
substantlae his charges recommended delay of the
inv, siigaion into Major Howards conduct, in order
| TO sec If compromise would be offered; and
added that Major Howard did not dare come into
| court.
MIR. Maxwell said that this showed the malice OF
| the defendant Major Howard on receiving the let
| ters Containing the charges, demanded investga-
ton ato his cwn conduct; but the defendant did net
| come forward on the occasion.
Tie Court decided that if after the investigation had
been called the defendant declined TO appear TO sub
| stantiate the charges and reiterated them suisse
quently, il would imply that he was actuated by ma
| llcous motives But if he had remained away be-
cause he had been misnformed, or because he had
Withdrawn the charges, then IL would rather show
that il was his intention to do the party justice, in
| stead Of showing malice.
| Mr.. Maxwell then called
| Mr.. Price, Distrc, Attorney.-No complaints had
| ever been made TO him as public prosecutor by any
one, of misconduct Of any kind on the part Of Col.
| Howard.
| VIM. l.. Werth examined.-Knew Howard and
| Thompson. The three letters produced we're in
| Thompson's hand writing, directed TO the Secretary
Of the Treasury calling his attention TO extensive
| frauds committed on the public property by Major
| Howard, and cenn, ed Mt by Gen. Samuel Swart-
| won't, the Collector Mr.. Thompson was postmaster
in Richmond County IN 1886, at the time the letters
| were written.
Caleb Ward called = Howard was public store keeper
| and inspector al Staten Island. lie and Thompson
| lived together on friendly terms many years. Mr.. i.
was n man worth $4,000 Complaints were made by
The inhabitants about the post office. IL not KEEP