Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1837-11-16
Silh-ualar Trial.

CorRr OF SESSIONS, Nov l5-Libel Suit-A most
amusing libel Gaze was tried or rather the court and
Jury attempted 10 try in this court yesterday Ii was
an Indictment for libel against Dr. A. l.. Bargnani, on
the complaint of Mr.. Eugene Dutllh, of the firm of
Stainer, Duih q Co. of 81 Wall street. Mr. Ellig-
ham was associated with Mr.. Phenix; Mr.. Lock wood
was for the defsnce-and the lawyers contrivcd so
completely TO mystify the whole NATTER that al last
neither court jury, reporters, audience could make
neither head or tail of the transaction and the whole
subject matter was bundled out Of court sans cere-
monte or very nearly so.
As far our poor judgmen, could fathom the af
fan, It seems that "a long time ago." some CONNER
cial transactions took place between Mr.. Lafetso
and Mr.. Benzonl; the sales from To the other
amounted 10 fourteen hundred dollars. Seven hun
bred dollars of this pold in cash, and draft for
the balance was given to Laieso on banker in
Lombardy.
After this, by some peculiar kind of hocus pocus,
which was not explained IN court the house Of Stain
sr Dunlh o. Co. gave guarantee to La!ctso for the
hundred dollars due or said to be due 10 Latso
from BenZon The latter, il was asserted, having
proved TO his friend DIR. Bargnani that he did not
owe the last seven hundred dollars claimed by La
feso Bargnani went TO Duiih house and offered 10
give his guarantees, in writing, secure them from the
guarantee they had gwen TO Lafetso provided always
that they allowed HIM TO conduct the defence of any
suit, IN his own way, that Laieso might bring against
Dulh * Co. for the guarantee of which they had
given him, and which he still held on TO, and claimed
payment of.
Dispute after dispute quarrel aucceeded quar-
re-lItgation brought on litigauon-hc thing having
once reached the hands OF the LAWYERS il seemed
likely 10 remain therein for a tolerably lengthy period
At last 10 prevent the OF any dispute or differ
ence between Mr.. Dulh and Dr. Bargnani Mr.
Louis Tenell Uhc common friend Of both) interfered
in order TO bring about an amcable adustment-bu {
instead OF mending the matter he only made il
worse
Al last he took at DR.. Bargnan's request seven
hundred dollars OF the Doctor money 10 Mr. Dutilh
and requested him TO hold the same as a security for
fhn nj fhnu had 40 .(st I..s.
use II unless they were compelled to pay the guarnn-
ty. They at first refused to have any thing TO do
with DR. Bargnanl, bat at last at the earnest request
OF Mr.. Tenell they agreed 10 receive il, and did re-
ceive it, and did moreover hold on 10 il so tight that
the Doctor could not get 1t back when he wanted H.
Dutlh gave this reason for holding on 10 il, viz -
that Lafetso had sued him the guarantee and that
he held on 10 IN order TO secure himself in he
lost the suit. Bargnan coHtended that the contract
and guarantee originally entered into between himself
and Dutilh was null and void, by the act Of Durilh,
who had employed his own lawyer 10 defend the suit
instead Of letting him (Bargnan defend ii in bis own
way, and in his own proper person.
Ii was proved that Dir. Tencll told Dutilh when he
gave or sent hun the money that belonged to DR..
BargnnnL He also subsequently wrote to Mr. Dutilh
telling him that he (Tenell) had claim on the mo-
ney. and that IL belonged only and wholly TO DR..
Bargnani The Doctor also applied as he said lone
-feur-two-some shevera times" 10 Mr. Duiilh for
the money, but he refused to give il TO the Doctor.
DR.. b. then inserted the following article in the
" Herald OF sept. 10TH -
NJ TO EUGENE DUTiLIf of the firm Of Stainer, Du.
th Co. No 81 Wall st.--SirThe longer reflect on your
behavior towards me, the am loss Tor IT,
design cheat money there Is no
receipt yon unable restsre IT, and unwilling
acknowledge your momenary emb rs.nents IN the FIRST
place forget there witnesses ous the
hard to deny you r, spite BE dumb
no longer Sir wrote yon msny times purpose that
you ought no. 10 wonder addressing YOU ough the
public press sl6-2t' DR.. A. l.. BARGNANL
For this DR.. b. arrested on the 18th and held
to bail IN the sum Of $500 And for this he was tried
yesterday in the Cour, Of Sessions
The learned counsel for Ir. Dutih began by expa.
tlaung eloquently and giandoquently en- the law OF