Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-08-31


this city, we published the following communica.
ton in relation to the National Theatre -
The New National Theatre.
Dear Sir:-As I was walking up Church street
this morning, stopped to look at the s. National
Theatre, and was surprised and shocked to see the
manner in which that building is going up. Fast as
IL goes up, IL will, in my opinion, come dotrn niue
faster; and would not for atrifle be an inmate OF II
on any night when the house shall be full The
bricks the side fronting Leonard street, appear
TO have been laid one upon another without mortar,
for there rs scarcely particle of that article de-
cernable, but in its stead a ride tssore between
every brick. was Lot admitted inside, but have
been informed that instead of beams across the dome
they have placed ropes and the procenum is run up
IN the same manner is II not disgracciui that the
valuable lives Of our fellow citizens should be so
exposed, for the sake Of opening the theatre on a
certain night to save the outlay Of few dollars
hope the authorities will look int this for should
any catastrophe happen from the apparent weak
state the building, IL would be a blot the city's
escutcheon for ever
These remarks donot proceed from any NAL cous
feeling towards the Rropretors Of the theatre, but
from desire 10 promote the safety at my fellow
citizens Let the pa lie go aud see {, aud then
Judge for themselves Yours, sc. q.
We published this, because it was our firm con-
vcton that the walls Of the building sg ht
for large theatre, and because, therefore, we be-
leved that the pr bile safety required it, few days
afterwards the " Courier" announced, from private
authority, that Mr.. Bennett had been sued for libel
This denied, not being true at the time,
and, also again expressed belief that il the Ma
tional Theatre opened at the time contemplated
viz the LIST of September that it would not be
Thoroughly safe it ought to be; the walls being
III inches thick in many parts, whilst those Of the
Park Theatre, are from three 60 four feet in most
places; and in some instances 8 or 10 FEET thick.
A few days afterwards, several architects and
builders, Published a certificate that the building
was safe. This we published also the next day. ex.
pressing at the same time our qualification at the
facts to which they testified.
All this time, however, certain malicious aud ig-
norant men urging Mr.. Wilson against his bet
/ ter Judgment, TO commence an action for libel
against this paper On Saturday night, Mr.. Ben
nett returned TO the city. caucus held by the
leaders in the moral war, during the week, and they
decided that the action must be commenced. Ac-
cordingy on Saturday, Mr.. Wilson Gled a decara.
ton in the Superior Court, and laid his damages at
$1,000 Judge Oakley however, thought this was
rather an over-estimate, and very quietly put the
amount of bail at $1,000 whcreupon Mr.. Bennett
was served with process from the Court Of which
the following is the endorsement
New York superior Court.
ALrxANDFR NJ Wmsor
J,wrs GopDoS BESrErr.
Coysas Ret. Ia Monday SEPT. lsi0.
J. GRsH,N, Jr. Attorney
On receiving this, Mr.. Bennett Immediately put in
bail 20 the required amount, in manner and form az
specified in the following bond:
Know all mon Nv these presents that We james Gordon
I.Il aoI frnIv md nm ID acc her