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

papers OF minor circulation in this city, have been
every now and then, for some time past, endeavor-
ing to throw ridicue on the attempts to establish
an Italian opera in this city, and on all the most
distinguished vocalsts of the day In this class of
newspapers, We have particularly noticed the True
Sun, the columns OF which have frequently been
tinged with unmanly and ungentlemanly abuse OF
the distinguished female vocalists particularly
Mile. Borghese and Mrs. Sstton. On two or three
occasions, when those abusive remarks were Pc
cuhary gross and vulgar, we have administered
some advice to our contemporary, and character
lzed, as they deserved, the tone and spirit of the
remarks. Instead Of profiting by our advice, or
making any reply with any degree of temper, our
contemporary has adopted ID new system of tactics
and that is to find some person who could claim to
have been meant or alluded to in those paragraphs
as the writer author of the abusive remarks and
then to institute libel suit against US on this
ground.
Accordingly, in pursuance of this novel plan of
replying TO newspaper critcisms, we have been
served with legal document, which we annex to-
gether with our reply The document consists of
the declaration of person Of the name of Lee,
and from the snatches of autobiography which il
contains, it Is infinitely amusing. Here it is, with
our reply
II THE SUPERIOR CouRr OF CRY New YORK
OF the twenty day of May yet Of May term the
year one Thousand eight hundred and forty four
City and County Of Nsw York, ss-David Russell Lee,
plaintiff in this sut by Thomas Warner his attorney,
complains Of James Gordon Bennett deendant in this
suit in custody Sc of plea Of Isspass on the case
fore the committing of the grievance hereinafter
planned Of citizen of the kingdom OF Great britain,
and such citizen had always maintained and did main
TAIN respectable position society among his e
pw citizens OF the said kingdom OF Great Britain to wit
at the city and county aforesaid and whereas also the
become
United States did emigrate to the city Of New York. to
aforesaid wit long before the happening Of the grev
ances hereinafter complained Of at the city aforesaid in
the county aforesaid possessed OF divers large pecu
mary means, clothing, wardrobe, letters Of credit and
journals, and while SO possessed of them to wit at the
city and county aforesaid robbed of Them and
said.
And whereas, also being deprived of his aforesaid
plaintiff at the city and county aforesaid and long before
the time OF the commission Of the grievances hereinafter
did take employ at the Astor House hotel kept in
the city OF New York. to wit at the city and county afore
said in an humble capacity to wit in the capacity OF
hereinafter complained Of but not in the capacity OF
waiter falsely stated in the defamatory libel hereinafter
| set forth
And whereas, also, heretofore to wit long before the
commission ofthe grievances hereinafter complained Of
faithful and honest person in his aforesaid employ at the
place aforesaid in the county aforesaid and having
his said employers the said propretors of the said hotel
kept the place aforesaid in the county aforesaid and
was not discarded nor was he while SO employed con
tempble little scul0n did he conduct himself
such as falsely stated in the belous matter hereina
| ter set forth and complained Of
And whereas also, the SAID plaintiff heretofore to wit,
at the county aforesaid and long before the commission
othe grievances hereinafter complained Of being DESTROYS
OF changing his situation in life to congenia 10
his former pursuits did become corps reporters
attached to the various newspapers printed and published
sad and during the said pursuit of his said occupation OF
reporter, he became attached at different times at the
published in the city OF New York at the county aore
sad and by his said occupation and profession OF repo
ter to wit at the county Aforesaid had honestly and Just
ly acquired great gains and profits unto himself and
thereby and by OF his said profession and occupa
ton, was enabled to live to wit at the county aforesaid
in manner both honorable to himself and respectable to
his friends and also enabled to wit at the county
aforesaid to gain the confidence Of his employers to wit
the propreto OF the said several newspapers printed
aforesaid at the place aforesaid which he attach
ed as aforesaid to wit at the said city and county and
the friendship Of many honorable and worthy citizens Of
the SAID city oil New York, to wit at the county afore
| said.
And afterwards, to wit long beors and a, Of
the commission Of the grievances hereinafter complained
Of he the said plaintiff became and was, and since
has BEEN attached to a certain newspaper called The
True SUM-" printed and published the city aforesaid
IN the county aforesaid as the only reporter for said
new and while as the only reporter lot
said he did by his honorable and faithful pursuit OF his
said profession as the reporter for said newspaper and not
connected with the editorial management Of said
hereinafter III the said bellous publication attempted
to be shown, gain the confidence Of his said employers
aforesaid and being OF the confidence of his
employers the conductors of the said The True SUM-"
did acquire great gains unto himself and thereby was
abed to w.t. the county aforesaid to live manner
honorable to himself and his friends and did at the
of many worthy respectable and honorable citizens OF
said CITY, and being possessed of their said friendship
and acquaintance, to w.t. at the county aforesaid did
quire and enjoy very respectable honorable and
thy position in the society OF his fellowmen, to wit, at
the county aforesaid.
And whereas also, the said defendant at the time OF
and long before the commission OF the grievances herein
after complained Of was the proprietor and publisher of
certain newspaper printed and published in the city of
New YORK, to wit, in the county aforesaid, called the
New York Herald.
Yet the said defendant well knowing the premises and
that he the said plaintiff the only reporter of the said
newspaper The True Sum-" printed and published
aforesaid and had nought to do with the editorial
agement or conducting Of said newspaper The True
SUM-" bat greatly envying the happy state and
condition of the said plaintiff; and the esteem in
and fellow-men, and contriving and wckedy
and malicously intending to injure the said plaintiff, in
public scandal and disgrace with and amongst his said
s1ciaes and friends and to lower him. the said plaintiff
him. the said plaintiff Of the honorable respectable and
worthy position which he had acquired and held aore
said in society. falsely wckedly and maciously did
compose and publish and and procure to be pub
Ished, on wednesday morning, the third day Of April A.
D. one thousand eight hundred and forty four in the
ninetyfourh number of the tenth volume of the said
newspaper, The New York Herald" of and concerning
him. the said plaintiff certain false, scandalous wul
and defamatory libel entitled Musical Criticism"
tanning amongst other matter these false scandalous and
malicious wiul, deamatory and lbeous words, of and
conserving him. the said plaintiff, of and concerning his
former occupation in the Astor House. aforesaid wit
az the county aforesaid and of and concerning his pro
fession as reporter in the county aforesaid and of and
concerning his connection with the said newspaper
" The True Sun that is to say
Apropos.-Whie on this matter" (meaning the must.
cal criticism aforesad) 1--WE" (meanng the said defend.
anti may well allude to the ungentlemanly feeling
which WEI meaning the said defendant have noticed
occasionally in our venerable contemporary, The True
sun Smeaning the newspaper to which he, the said
plaintiff was attached, aioresaid) not only against
Mrs sutton, but against Borghese and every body who
happens to be distinguished vocalist One would
suppose that the guarded conductors (meanng the said
employers OF him the said painti) OF that print "
(meaning the said newspaper The True Sun y "would
not allow anything but gentemany tone to pervade
their (meaning the conductors of the said The True
SUM- remarks about artists but the paragraphs
which We" (meanng the said defendants) have fire.
quently seen in that print" (meaning The True Sum-
look as they had been written by discarded wal