The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-02-09


reputed to be wealthy man. Under the Constitution OF
our State as has been properly remarked by the District
has right prove the truth of the libel Now this
very Indictment charged that the defendant had made
the that Mr. pey had been reputed be rich
man Tor certain Objects and the counsel defendant
offer to prove the truth Of the allegation II appears to
me- that such evidence comes directly within the rule
MosEs Y BEACH was then examined by Mr.. Jordan
Did you publish that pamphlet IA copy the pamphlet
entitled wealth and Pedigree" was handed to the wit
ness
Q-.At the time mentioned, MAY, 1927
| the subject Of that publication
| A.-No; don't know Mr.. Dey personally.
Mr. JoRDAN-The following is the title OF this pamphlet
Wealth and Pedigree of the Wealthy Citizens OF New
| York city, comprising an alphabetical arrangement oil
persons estimated to be worth oOo and upwards with
the sums appended to each NAME being useful to Banks
Merchants and others Fourth edition. Enlarged
times the original matter and containing brief II
torcal and Genealogical Notices of the principal persons
in this catalogue New York: compiled with much care
and published at the sun.ofice. is4a"
The following the paragraph referring to Mr. Dey
But few ofour eminent lawyers have struck out into
such successful specuatons Ia real estate this gentle
man. who, however, possesses far shrewdness and
long reaching sagacity than most either in
the legal or any other profession His operations latter
years seem 70 nave oeen much confined to the manage
1.-THE reading Of this excited good deal of fun in the
| Examination of Moses Y. BEACH resumsd-How did
| you get this information from Mr.. Dey7
| Al procured II various
| Q.-Do you recollect. Mr. Beach, how much you put
the poudrette establishment down making out your
| estimate OF Mr. Deys wealth Z
| Al do not know what that is, SIR
! Q.-You do not know what poudrette isl
Al Mr. Beach paused for two minutes and quarter
looked round the with simplicity rub
bed his nose, and mo, sir DO not "a laugh
| Q-What you don't know what poudrette is Per
haps do not pronounce it correctly.
Al RELY don't know nothing about it, sir. "a laugh
Mr. JoRDAN-Well, ! supposed that every gentleman
knew what that sbut did you make up the estimate
A.-No sir knew nothing whatever of Mr.. Dey.
Q-Was the estimate made from your knowledge of the
general reputation of Mr.. Dey's wealth.
| A.-Isuppose it was.
Q-Were these pamphlets pretty generally circulated
| in the city, sir
The DISTRICT ATTORNEY objected to the question, and
the court ruling that it reevent the witness was
dismissed from the stand
| WILLIAM L. AYREs called and swon-Examined by
| Mr.. JoRpAN-Are you a creditor Of Mr.. Deys1
Ayes the amount is Sc OF debt CONT acted Septem.
Der 49, 1912 the terms of the purchase were cash
mination of the witness.
Mr. JokpAs-I will state what we expect to prove -
That the 29h of September ls42 Mr. bey went Mr.
Ayres who keeps shoe store, and purchased bill Of
goods of him. for which he to pay cash. The goods
were sent home, but not paid for Mr. AyIes went to Mr.
Dey and asked for pay ment Mr. Dey after few words
invited Mr. Ayres to walk out of his Office and gently
timatedto him that if he would not, he (r Dey) would
able obtain payment Of this debt We contend that Mr.
Dey thus obtained those goods whilst he represent
| ing himself as living in afluence and spendor.
RKcoRDER.-What part of the indictment is that charg.
! edm7
Mr. JoRpAS- in proof of justi6able motives in the
RECORDER Will not this lead to great many issues
Mr. JoIDAs-I should certainly deprecate occupying
much OF the time of the Court.
REcoRDER.-Oh that is no objection.
Mr. JoRDAN-lf il please your Honor, we have varie.
t Of testimony othis Kind andtwe wish the question Of
the public press is to be gagged and prevented from
sing crime and folly and Extravaganza by the fear Of
benefit ohe opinion that Mr. Bennett did not charge Mr.
Dey with dishonesty, fraud. improper motives,
turptude of any sort-ifthe District Attorney will avow
that he does not intend putting that Interpretation the
article but will take it stands and as said regarded
in my opening why then of this testimony need
not be given 1t is for the purpose Of meeting the
structen which may possibly be put the article by the
District Attorney that desire to adduce this evidence
the article regarded containing imputation that
Mr.. Dey acted improperly and dishonesty why then
course this evidence excluded For my part take the
fit is regarded imputng dishonesty to Mr.. Dey then
that the sting of LIBEL and for the purpose of exrac
| ting it we offer this testimony.
SAMUEL p WILLIAMS was called and testified to the
truth OF certain explanations respecting the family
| nexions of Mr.. Dey as made in the Herald.
Mr.. JORDAN then submitted the following to the Court
eve offer to prove that Mr. Dey, in the years ls40 al
and ~ and up to within few weeks before presenting
merchants mechanics laborers, bakers butchers gro
GERS taors and all the different classes mentioned in the
publication complained Of representing himself a man
Of wealth and entitled to credit and that after he knew
he nsolvent and could not pay hem-that when he
got in debt he did not intend expect to his debts
and never has paid them"
| REcoRDER-As the point now raised is of impor.
tance and most material in the the Court deem
due to themselves take time for its consideration and
as tie afternoon already considerably advanced they
will therefore adjourn until to morrow, the usual
| hour.
Mr. JoRDAN-Before the adjournment, will the Court
permit me to offer authority We say that the allie
cations in the article cast mpuaton the reputation
of Mr. Dey and imply unness his part for general
society, and that therefore they not beous And
that the publication not LIBEL unless be construed
into charge that Mr. Dey has been dishonest. If So
contend we have rightto adduce evidence in support OF
that construction. The authority to which refer your
/ Honor is Roscoe Criminal Evidence, 526.
The Court then adjourned till this day a. IL o'clock