The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-01-15
Superior Court.
Before Judge Oakley.

JAN. 1ith-Francis w Lasack VS. George H
Nerman.- his was an action for libel, the da-
images laid at 5000. Mr.. Lasak, we need not
say, is conspicuous, not only political mao, be-
ing we'll acquainted with the secrets of both politl
cal parties, but as military man. The defendant
is publisher and proprietor Of the German paper,
the New York Stats Zeitung, which declares
Martin Van Buren, to know something more than
planting cabbages, and that old Hickory not only
great warrior, but the greatest statesman that
lived In this paper of the Bird June, 1910 the
following article appeared being The cause Of Of
fence, tor which this action is brought: -
"The great Harrison Captain, Lassk, ordered the
German company of Washington Rhemen to parade
last Monday, !. show his new whg recruits Gas was
arranged IN Albany to Gov. Seward, who was then
here. Unfortunately the Rifemen had not yet been
sent to Albany to the great whg university and have
therefore continued stupid locofocos. They thought
that it would disgrace them to march out under a
Captain who had lately exhibited the gravest sy mpoms
Of alteration of intellect and @ ,ch0m mo,eorer,
hing might be told which would bring him into the State
Prison, If our laws allowed an offence to be indicted
which committed more than two years ago.
Enough, the Washington Rife Company did not appear
on parade. An enormous of men, however assem-.
bled at Centre Market 10 the hero Of the day, who
thinks himself mighty enough to bring the volunteer
citizen of the republic against his wisa against his
entreaties, against his of honor, against his
dignity as q man, under the Austrian corporals
The attempt unsuccessful Both at his arrival and
departure from home the indignation of the people
expressed by whisng and Kissing may, even as he
was going home large number Of people followed
him, and 10 said some street boys threw stones OF him
Although do Eot approve of this is in the highest
degree astonishing how a man who lays claim to
respectable place in civil society can make himself
the object ofpublic contumely in spite of every warning
every appeal, and dare TO persist obstinately when
submission is prudence"
The defendant pleaded Justification, asserting
that the plaintiff, in tina fall OF 1899 had been elect
ed m >mbcr Of the Legislature on a declaration OF
certa.- principles, and afterwards changed. The
plaintiff was then captain Of a uniformed company
called the Washington Riflemen. Previous to the
publication, the company requested him to resign
command. al
on or about the 18th Dc 1895, in the Marine
Court,t the plaintiff swore to nataraze a man named
Peter Schlosser, and that he had been in the city
Tor five years, when the reverse was the case. He
ordered drill OF the company on the Let June,
1910; but the mpany did not turn out large
number OF persons appeared to witness the parade,
and on the plaintiff appearing, he was mobbed.
These were the principal points for the defence.
The case was managed on the part Of plaintiff
by Dav Graham, and by A. yanderpoel (ths Kin
derhook roarer) for defendant-the former assist
ed by Mr. +. Brown, and the latter by Mr. p. J.
Joachemsseu
The first witness called for defence was Pc.
TER ScnLossER, who testified that he came to
this country In January, 1881, and was naiuralized
in December, 1884 Witness Is atailor by trade,
and keeps a porter house in Centre street. He
first became acquainted with plaintiff in Septem-
Der, 1885; was at Wedemeyer's, in William st.
one day, and something was said about joining a
military company, and also about my being natur-
allied. The plaintiff, without my asking him, said
he would 60 to the Marine Court with me, and
swear to nay being qualified. told him that had
declared my intentions fer three years. bat had not
been in the country the five years required for
turalization. He replied that few days would
make difference. We went TO the Marine
Court, when he took the oath required as TO know
ing had been here for five years, and got my
papers wanted to GO home and get my declara-
tion paper, but Captain Lasak said it was mat
ter-he would tell the Court il had been lost, which
he did. Joined the company, and did duty at the
great fire in 1895
JOHN STrIeSER sworn.-Belonged TO the Wash
ington Rifle Company: was corporal and secreta-
~. The company did not take any vote not to
.uin out on the LIST June. did not turn out. Cap
tam Lasak was captain-elected in Sept. 1899.
n Hor sworn-Is a membcr of the company,
put ala not tsrn out on that day; helped to raise
the company. Is not 4 citizen-CaPtain Lasak
knew was not
Capt ScHwARrz sworn.-Was LIST Lieut.. Of the
Washington Rife Company on the LIST June, 1910:
Capt. Lasak ordered the company to assemble at
Centre Market; there were sixty.three or sixty
four members belonging to the company II
was a regmcntsl order. We mustered one en-