The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-20

soi'e ridIPeI " OOIpet, puOilsneIs vi |" w"
Lisbon Palladium, was tried on the Sth inst in the
Court of Common Pleas, of Columbiana County,
Ohio. The plaintiff has long been conspicuous
as State Printer and editor Of the leading de-
mocratic paper in Ohio. He was charged by
the defendants with having dishonesty appro-
priated to his own use the quasi or outside
quires of paper. furnished him by the State for the
public printing. II appeared on the trial, that In
1899, the plaintiff had sold and made use of some
quasi or outside quires Of paper furnished by the
State, claiming them as his own by the general
usage of printers, and the custom Of his predecessors
in the State printing. This circumstance was in the
winter of that year investigated, at the instance Of
Mr.. Medary, by a committee of the House of Re-
representatives.. Nineteen witnesses, practical PRINT
ers. or engaged in the business, and Of different po-
litical parties were examined before the committee,
by whom it was clearly established to be the usage
OF printers and Of Mr.. Medary's predecessors in
office, to claim as their own, and appropriate as a
perquisite, such Of the outside quires as were not
used for " fly" " proof or "tympan sheets -
Two reports, "a majority and a minority report)
were made. BY both reports Mr.. Medary was ac-
Quilted of all blame, but a resolution to abolish tire
perqusite was proposed by the minority. In July,
ls4l, Mr.. Medary, in passing through New Lisbon,
was offered a dinner by some ofhis political friends;
whereupon the defendants who published the. wing
paper in that place, renewed the charge against
Mr.. Msdary, of having stolen the paper Of the
| State.
Three points were made by the defence:
Ist. That the publication was merely a political
attack that had been publicly made by wing ora
the 22d Of February, 1910, and had been frequently
repeated ever since, by the wing papers and orators
throughout the State, without their being called to
account by Mr.. Medary.
I'd. That the =" Statesman" published by the
plaintiff, frequently contained llbellous attacks upon
other persons, and therefore its editor was not en-
titled to heavy. damagesfo for an injury often commit
ted by himself.
Sd. That the defendants were poor and unable 10
pay heavy damages.
In reply, it was insisted by the plaintiff, that al
| though the charge was often made against him dur
ing the campaign OF 1910, yet the fury and wildness
did not then seek redress, and also furnished some
extenuation to those who then made it for political
effect. But that on its repetition In lS4l, when poll
teal madness had greatly %subsided. and sufficient
| time and opportunity had been afforded fG every
one to understand the truth of the matter, MIR. Me-
dairy was re quired by duty to his friends, his family
and himself, to submit no longer to the imputa-
ton.
That the Courts were open to all who were ag-
grieved by libels published in the Statesman, and
he was fully able to respond in damages. And as
to his own personal character for honor and int
gritty, it was fully established, not only by his POI
lilical friends, but the editors and publishers
of the Wing and Tyler and abolition papers in
| Columbus, the wing Treasurer of State, Mayor Of
the city. and members of the bar, in their deposi
tons, bore the highest testimony. And tiaally, that
the object of the suit was neither to make money
| for himself nor to break down the defendants, but
only to put an end to the charge by an investigation
In open Court and the verdict of a jury.
After a patient investigation the jury, consisting
Of seven wings and five democrats. returned a ver-
dict in favor OF the plaintiff, for 1887, which, tax.
ing into conside ration the circumstances of the de.
PENDANTS. as claimed by their counsel, was a high
verdict.
The result Of this suit, coming, as it does, from a
majority of his political opponents, after a fair and
full investigation, and the utmost e%xertions in de-
exciting on the trial, party. feelings and prejudlces
against him, is highly creditable to Mr.. Medary.
1t will, doubtless, Pat an end to a charge against
him, invented for political effect, and persisted in
lei. While at the same time it establishes the liza
bility of editors for their publications, no matter
what unworthy object may give rise to them, nor
with what FIRE queney and systematic violence they
may be repeated.
None LrBELs Horace Greeley and Thomas
McElrath, editors Of the print called the Tribune,
were arrested yesterday at the suit of William F.
| Godfrey, Inspector of carts, and held to bail in the
| sum of $1,000. The suit has been commenced in
| the Court of Common Pleas, and The damages are
laid at $4,000. The libel charges Mr.. Godfrey with
bribing AZ persons to vote and electioneer in the
Eighth Ward in favor Of the Democratic ticket, they
being citizens Of the 9th and 18th wards, and also
that he paid them the sum Of S. each for such ser
vice. We understand that this suit will be followed
up by other indictments in the Court Of Oyer and
Terminer and General Sessions.
- I,prrYrps -Yestardoy cous;derahIa
business took place in the Court Of Sessions VIM.
| B. Townsend, the editor of the Daily Express, also
| VIM. ]. Smelling Il Co, editors of the Flash, were
| all convicted Of libel on their own confession, and
will be sentenced oniFriday probably. Queer times,
these.
PARK THEArRE-JsRoLp New PIrcE.-The
"Prisoner of War" is the title of a new piece writ
ten by Douglas Jerrold, which has just been brought
out at the Park. Without any very great pretensions
to the dignity Of a complicated play, it is certainly a
very pleasing and humorous:little drama. The scene
is laid at Verdun, in France, during the time when
the prison Of that place was tenanted by British of.
ficers, sailors, &c, prisoners of wal. The princi-
pal characters are Captain Channel (ChippendaIe),
his daughter miss Buloid), Lieut.. Basil (Bauy),
privately married 10 her, Beaver, a merchant, (Bel-
lamy), Peter Pail Mall, a cockney, (Williams), his
sister (Mrs. vernon), Tom Heyday, a mldshipmar,
her lover, (Clark), aud two boarding house keep
ers at Verdun (Mrs. Wheatley and Mrs Barry =
The plot is very simple, or rather there is nothing
deserving the name of a plot. Basil, and Channel,
and Heyday are all in prison Miss Channel and
Miss Pail Mail are boarding at the house kept by
Mrs. Whealley Beaver is a great scoundrei, and
tries TO seduce or run away with Miss Channel; 10
prevent this Basil and she are privately married ;
her father hears Ct this and gets enraqed a
duel ensues, and both himself and Basil are or.
dered off to another prison. The prisoners dig
through the walls Of the prison, and are about TO es.
cape, when Beaver, who is arrested and sent to
betrays them to the governor. The night for
escaping arrives a scene OF quarrel and forgiveness
ensues between Basil and Channel a guard OF SOL
dlers enter and prevent their escape the officer
Channel that he. Basil. Heyday and Pail Mall, (who
has go, into prison for knocking down a Frenchman)
aye all exchangsd for other prisoners. Beaver. who