The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-06-19

pose that the guarded conductors of that prnn meanins
the employers OF the said plaintf) would no, allow
marks about artists meaning that the said plaintiff wa,
the cause OF the same but the paragraph which we
the .s ss sus
nsd been written by some discarded waiter from the
Astor House." (meaning that he the said plaintiff had
been waiter the Aston House and had been scarded
who mad taken to the business OF Reporting" (meanine
him. the said plaintif and who had not got md Of thu
associations Of his former calling" neanng that he
said plaintih, dishonest as reporer) "when he
meaning the said plainfD dumped at the command Of
gentleman to HAND plate clean pair of boots,
brush his coat None bat some contemplate little soul
lion" meaning that the said plaintiffs former associates
were SO low TO render him unworthy of the friendship
of worthy men) would talk the beautiful Borghese
Mrs Sutton any Of these eminent in the spirit
and language of the paragraphs in the True Sum-
ing that the said plaintiff had charge of the editorial
that appeared theren) yesterday meanng the de
iendant need not say that with the slightest pre-
% a aa ~ any
gentemanly feeling as to be unfit for the society OF
honorable menu
All which matters the said libel contained the sajl
plaintiff saith to be false
By means OF the committing OF which said said several
grievances by the said defendant aforesaid the said
plaintiff hath been and is greatly injured in his said good
name fame and credit and brought into public scandal
and disgrace with and amongst all his fellow men, friends
and nsomuch that divers Of those friends
and acquaintance towhom the honorable conduct and
tegrityo the said plaintiff in the premises unknown
have on account OF the publication Of the said beous
words az aforesaid from thence suspected believed and
still do suspect and believe him, the said plaintiff to have
been discarded waiter and contemplate little scullion
and to be dishonest and unworthy Of the confidence and
credit OF honorable men, and have by of the publ
cation Of the said libel by the said defendant from thence
hitherto wholly refused and still do refuse to have
transaction, acquaintance discourse with the said
plaintiff as they before used and accustomed TO have
and otherwise would have had.
OF the said plaintiff who before and at the OF
committing Of the said grievances would have retained in
suspicion and distrust upon the said plaintiff and
DESTROYS OF closing their connection with him reporter
unworthy Of their confidence, ana dishonest
And also in consequence of the publication of the said
lbeous words it hath become notorious that the said
plaintiff is connected with the editorial management OF
the said The True SUM- and in consequence thereof the
said plaintiff is fearful and has great to fear that
he may held responsible for whatever editorial articles
that may appear in said 1.-THE True Sum-" by means OF
which he hath sustained damage
Wherefore the said plaintiff saith that he is injured
and hath sustained damage to five thousand dollars and
THOMAS WARNER, Plaintiffs Atty
NEW YoRK SUPERIOR CouRr.
James Gordon Bennett, Defendant in Error, ads. Dapid
Russell Lee, Plaintiff in Error-And the said James
Gordon Bennett defendant in error in this suit
by Benjamin Galbrath his attorney, comes and de-
tends the wrong and injury, when, &c. and says that
the said assignment of and the matters therein
tained in and form the above stated
and set FORTH not sufficient in law for the said plaintiff
in to have maintain his aforesaid action thereof
not bound by law to the And this he is
ready to verify whereupon, for want of sufficient
signment of errors in this behalf the said defendant
judgment, and that the said plaintiff may be barred from
having maintaining his aforesaid action thereof against
him, &c.
And the said defendant according to the form of the
statute in such made and provided and shows
to the Court here heoowng of demurrer to the
said assignment of errors, that is to say
For that II is stated and set forth ia and by the said
sgnment of that in the return Aforesaid and in the
proceedings aforesaid and also in giving the judgment
aforesaid there is inasmuch as ID alleged
that the declaration and evidence aforesaid and the mat
tiers therein contained not sucenin law for the said
plaintiff to have mail tain his aforesaid action thereof
against the said defendant whereas by the record
pears that hesad plaintiff in also plaintiff be
low and that from the nsucency of his declaration and
evidence Judgment OF non-sut was given against him In
the Court below.
And also for that the said assignment Of errors in 9th
er respects unusual uncertain informal and insufficient
&c. BENJAMIN GALBRAITH,
Atty. for Dert. in Erroy
Thus stands the matter at present. The question
has, we believe, been settled with the True Sun,
so far this process is concerned, but we hope
that they will go on in some shape or other, and
bring the matter into Court. It is most funny way
of proceeding, certainly, and will be most effectua
too, IT carried out, in preventing one newspaper
from commenting on the language of another, al
improper We intend to bring before the Cour
the whole of the New York Press-a the vocasts
and also all the walters of the Astor House, and
every other house in the city-together with all the
discarded scullions on the Island. 1t will be one OF
the most curious cases of Kitchen-music criticism
ever presented to the public.
But seriously is it not amusing that we cannot
administer a dose of good-tempered advice to oul
contemporary, but up pops some parsonage and ex
claims, "Pm the man, blood and thunder, >
.loI,, l. l..
waiter out of place in New York, or turned must
cal critic for a living, will Immediately bring his
libel suits, including also the "waters of Longs
Hotel,'' who are the great crones of Chevaliel
Wikoff.
New CITY "CEMRTERY ."-lt is to be hoped fol
the love of decency or common respect to the re.
mains of the poor victims who, dying friendless
and alone, are conveyed to Randall's Island for in
terment by the Corporation, that some change will
be made in the present plan of operations The
collins are not placed over six inches under ground
and in many instances their ends are frequently
seen extending through the earth. If this shameful
conduct on the part of those who have charge OF
this business, for the purpose of saving trouble to
the resurrection men OF body stealers the conmu'
nifty should know it, and we have every reason to
DttVe tldt tIlS Is the real cause, as all SUBJECTS Ill
for dissection are quickly transported to the best
market in our city or suburbs. The shameless
and dlsgraceful manner that these collins
are conveyed to the island, is also another source
OF great complaint, as they publicly exhibited
in the boats to all the residents the river with
out any covering and few days since, one of the
boatmen displayed his recklessness by dancing On
one of the collins while passing by Astoria, ac-
himself with his own voice to the
tune OF 60 em along Josey" 1t is to be hoped that
the members of the corporation in their recent
cherry picking excursion this island, took occa-
SION "a visit this dsgracefu burial ground, and
that shall not be compelled to call public atten-
ton second time to the subject.
STEAM SHIP CALEDONIA. fine steamer left
Boston at one o'clock on Sunday for Halifax and
Liverpool. she carried out one hundred and
twelve passengers and small parcel of specie.