The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-01-31
Circuit Court.
ns- ~ -

JASvARy, 3o-.John ". 7horne Samuel II. Mo~sr
residing At place called Great Neck, Long Island
and the defendant merchant in partnership with Mr..
Davidson the ship business the charged
that Moser has, the great derment loss oil
plaintiff, circulated the report that he, the said plaintiff
had, under the teigned name OF Captain Waite pass
ed upon the clerk OF the defendant 4 forged SAsck
for 300 and purporing to be drawn by M e. lay, IN pay
for ship stores purchasedto the amount OF 81 1he
plaintiff proved his by the testimony OF several wit
nesses among whom were Mr.. LeonardaDd Mr.. 1hom-
son. relatives Of the plaintiff From this testimony sp-
pears that on the 18th January Whereabouts Thompson
the defendant standing the OF street. 10
reply to question: he told the witness that he
on himat the same time asking Thompson ii he knew
Thorne oil Long island he believed that he the
son. This conversation communicated to Mr. Leon
ard, and to Mr. Davidson the lawyer oil Thorne who
gether called at the store oil Moser about it, and there
Is!aileged the Islander repeated That the plaintiff
order the suspicious which had by
been fixed upon him, demanded that criminal suit
should be ed against him the police ONCE but
this refused and the Islander repeated in converse
tions with Leonard Thompson Judge Miller Dy KEENAN,,
and Davidson. The defence moved for nonsait,
much as the SANDER alleged had been spoken what is
termed privileged conversation and in the Law tu effort
oser to trace the forgery the person from whom he
beeved or was led suspect had also, that the
the defendant. His Honor Judge Kent in re
nsing the motion for n0nsuit, remar ked that be had
come to the conclusion that the Islander alleged came
very near privileged conversation, but there
Their step TO hich his Honor wished compel the
PENDANT and that was his publicly disavowing The charge
OF forgery against the plaintiff person undoubtedly
had right to redress, when a crime had been committed
against him. and in the present instance if the defendant
sdr believe that Thorne guilty person.
the privilege and the duty OF the have
lodged complaint at the Police Office, and to have had
him indicted Privileged COW eryaons are such o. may
be held. when inquiry made into char
vant,-when charges may DO brought against public
servant There was another class OF privileged
satioDs, which was, where offer Of compromise had
been made and this for the purpose OF oecng free
discussion. IT, therefore, it shown that Leonard
Davidson had called upon Moser the authorized agents
Of Ihorne then the detailed would be con
dered coming under the last class OF privileged
versaons But His Honor did not understand Leonard
a. stating that he called there the agent Of Thone
II person uters SANDER he must take that is 70
person actually privilesednot that he tslsvesto be
privileged He should be cautious 10 make the Necessary
inquiries previous to u,tering such SANDER.
The defence then opened taking the position that the
SANDER alleged spoken without malice and the
Of an investigation allowed by the law Of the land
The counsel then went over the crcumsanees OF the
passing Of the check by the fgned Captain Waite, who.
related to the Messrs Thorne Of Brooklyn. When
the check was declared forgery Mosier mnde inquiries
he did not know he at all acquainted with the
person of Thorne All he depended the recoeni
ton OF Thorne by the clerk and the two who were
employed in the store Mr. Davidson the partner Of Mo.
sier despatched to Long Island Thorne and
picon entertained against Thorne Moser learned
that Thorne would be at the Office Of his essrs
Dill Davidson Of this city so he repaired to the ONCE
into the street to wait until he could see him alone and
while thus waiting he met Thompson, whom he told
the story OF the forged check and showed IL 10 HIM hen
Thompson said hat the signature resembled rs
ing Of Thone to whom be informed Mosier that he wns
related Nosier then said that he would have nothing
further To do about the matter However before osie
could reach his he found that Leonard aud
had called to make inquiry into the matter and then III
suspicious we're retsiled And this ia claimed 10
have been privileged conversation and was not
circulated by Mosier among the public for the pur-
pose OF injuring Thorne. The defence does not
say that Thorne is the who uttered the check
but they say that he looks much like the man
that Mosier fully justified approaching Thorne 10
investigate the affair Moer had that Thorne
sustained the same relationship TO the Messrs Thorns
OF Brooklyn, AS Waite hsd at the time Of passing the
check alleged TINT he dianiso the clerk md the two
men employed In the store after confronting Thorpe
impressed with the conviction thai he was the psr
son who passed the check Under all these circumsan
ces the defence claim that the SANDER alleged was used
while lawfully employed In invest stng into crime
the suspicion oil which was strongly fixed upon Thorns
The examination OF witnesses will be continred at the
opening Of the Court to-day