The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-03-07
Superior Court.
N. ~ .

BeforeUudge vanderpoel.
this s H1 ssS was re-
his argument on the nsuciency of the and aver
mens in the declaration to admit the paper containing
to the question Of publication and conended that there
was no PROOF that defendant published he letters con-
copy letter is not Of itself libel nor is having the
possession Of it libel; there must be proof of pu6ca
ton before i can be fixed the party and II does
ou. the paper containing the beous matter came
CoURr-The first objection taken by defendants coun
the beous matter to be published of and concerning the
PLAINTIFF but plaintiffs counsel relies the 3D. Sd and 4h
counts 20 oe suhcient for his purposes have carefully
looked INTO AL the authorities the subject and have
prought my mind to the conclusion that the objection
raised ny defendants counsel is not well taken. His
nor then read the libel and it contained the words of
and concerning the plaintiff" and the general
said His Honor hold to be sufficient and with great de-
terence TO the learned counsel for the defendant his a
horities do not support the rule he contends for In the
first case cited by him. that part of the Judges opinion
and the in Wenda are not analogous and hold X
to be competent for the plaintiff by inuend to point to
the meaning intended BY the defendan for instance
IN TINS case the pleader referring to the initials the
La Haye and that that was known to be her name and
to the authorities e he Ia. cted;
ana think the three last counts sufficient sustain
ne svafncs Offered BY counsel The second
also come to the conclusion that plaintiff made out prma
taeie case on that questions but that may be rebs
bald paper which the witness SAYS is in the handwriting
OF the defendantit comes from the Clerk of the Court
Sessions hut how came into that court does appear
is no libel until proof of its publication is made; and
though this paper be read Is question for the jury
whether the defendant published il or not.
the libel. ~ f-fe' 'o'''"''''s
WHIrI,c-Beforc the evidence is gone into offer to
show that the libel was published by Barhelemy and De
Boul!i,n in proceeding in which they indicted and
convicted for libel the defendant and that by them il
was placed the files of that court wish to show thin
II hov hncb ham hror
here.
CouRr-I will not take the case from the jury.
JOHN q. TAR"v REHABILITATION did you first see
the original Of these etters Al saw them in the poce
ohos Q-About what time that1 AIN the sum!
suit and what her business aud s4O Al am
her business was teacher nsructresa in this city
know DEFENDANT Ayes sir. Q-What is his bushes =
Ale is a clergyman. Q-How long have you known
hfm' A-since abou. the year 1897. Q-what country
man is he? Ale is a Frenchman.
Cross-eraminedb by WHITING -Q-where did you first
see the paper, sir7 Al first it in the Court of SEES
sMrH-This crossexamnatton cannot he permitted
sought to be got from the witness by the
Counsel Is not applicable to this case
WHTISG-l propose to show by this cross examination
tna the rst time those letters male their appearance
was on the trial OF De Bouon and Barheemy and that
| fence. ~ '
smIrH-That trial for libel on defendant, and De
gouliion and Bartheemy introduced those letters in
ther defence to show that they written by deen
dant so that the examination can have no beorn0
on the case, and such evidence is not admissible The
defendant must show that they were published for good
! and justifable ends. ~ e'N'
COURT will not permit the proceedings in the Cour
OF sessions to De given in evidence here's bat will allow
| 70 De shown how the papers into that Court.
Crosseram'nation resumed-Q-What was that trial for
A-tor writing book against Mr.. verrcn. Q-Wht
produced that papar in the Court of SESSION. Al don
know was handed about by gentlemen who wer,
N Court; Q-Was Madame De La Hsye in Court during
| mar traif A-She was Q-Do you know to whose cuso
uy me paper went after the tal7 Al DO not Odd yo,
See ssrw ards in the Clerks Officer ANo sir the Cerl
Mr.. Morrison
Dr. MonnIsoy called and sworn-Q--Are you acduant
ga with Defendant Al know his person and slight
~ acquainted with him. Q-Do you know Madam LIE L,
| Hayel Ayes, Sir. Q-Had you a conversation will
defendant on this subject