The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-12-28


Before Judge VsnderpoeI
Disc. U-Fdvmer Jefferson Insurance Co.-The jury
in this case rendered verdict for plaintiff $3.50 damages
James r. Rogers John Thompson Libel This Yves
ar H. Of sn bs
the plaintiff IN Thompsons Bank Note LIST who, 1t
appeared, was engaged in certain fraudulent banking
operations and financial speculstions in this city and
MARY land. Mr. Thompson, the defendant considering
ha such operations affected the interests ofthe public
wree It was alleged the bellous articles in siion
Mr. RAYMOND opened the case when the first witness,
WM =. LIE was examined by Mr.. RAYMoSp-l am &C.
up the types that paper handed inl believe TO be r
Thompson s. dated August lsAs and May %. ls44
ns, p pr wss also put dated Msrch 1884, and were a
CousT-What IL the substsncs this libel Is ii for
ticking character or depriving of business
Mr. RAymoND-Both, your honor.
sANpvoHD STANLEY examined by MIR. RAyMosp-I pur-
chased the papers in question at the Office OF Mr. Thomp
the libels as charged in the Indictment
The following were then read from Thonpson's Bank
lollows"That notorious fnancier, James Rogers who
ruined the Northampton (Pa) Bank. and the Hamilton
Farmers, and Mers Bank (Md, has retired in disgust
II those who have suffered by him, will send in certified
copies of their grievances, will publish them gratis"
The next under date August 93d l84S went follows
Judgment has been obtained against the Ha.ilton
Bank injunction served upon the Comptroller Last
though not least, this bank Is controlled by those who
Slammed and Rogered the Northampton Bank"
Another under date august &c. 1913 under the head Of
been about IS months in this city, and becoming well
known. Slamm and Rogers are new begnQuA but they
make rapid strides in the "srt of bankIngs collins in
tends to make circulating medium for - mississippi
valley Beach for the city and suburbs Of New York
slsmm and Rogers for the country generally Eyes to
the right and eyes the left Look rst these bank
and then Ifsver quote good any of these
banks then mark down for that have received
black mail" (Ths reading Of this caused considerable
The next was dated March Q. 1914, and went as fol
lows -: The Comptroller has taken the first legal step
towards winding the Hamilton Bank by causing TO
he enjoned This the last of the dogs in this State
When the bank fell into the hands of the financial p
reasons for so doing The correctness Of our course
fully proved by the result The Comptroller has very
state stocks: snd when lot Of muated notes were sent
to he exchanged for new ones he retained them also
Thanks to the good management Of the Bank department
Mr. Rosrsson moved for nonsut on the ground that
special damages asked for the declaration
the plaintiff did not sue man Of business for losses
sustained by the publication
CouRr overruled and asked did the defendants admit
the publication
Mr. RosIssor or defence )-I submit the publication
is not proved.
Mr. RArmoSD.-I think we have fully proved the pub
LEGATION.
CouRr.-I think there can be NO doubt Of the publ.
Mr. RoBrrsoN.-well. we shall admit; and 1t remains
his case The shaving operations Of Of stock job
bers and banking imposters IN this city well known,
and had been felt for long period grievance upon
the community at large also well known that Mr.
Thompson had published most useful and valuable pc
riodcs which only exposed the frauds of those job
from the fraudulent impositons Of these punderers He
intended put In the plea Of justification the general
the publication in question and show that the commu.
nifty were Slammed and Rogersd," an the publication
show that this very Rogers who put himself upon hi.
character and good moral conduct not alone specu
lacr and nancer such as Monroe Edwards and others
who had proved upon the community, and committed
vera frauds by his banking operations bur that he
actual bankrupt at the time Of these financial opera
several Judgments hands Of the Sheriff against him
The public owed deep debt Of gratitude 70 such
ed to show what kind Of character the plaintiff
character which he should feel obliged to any
The community for RIDING him Of Gaughtsr) Mr.
Bank and other matters hch will be found in evidence
concluded
site counsel meant to put in
Mr. ROBINSON -The general issue.
mitigation Of damages or generally in justacation
After some brief argument the question was left open
BY direction Of the Court
Mr. RosIssos-To save time, shall elect and plead
in justification the truth Of the charges in this alleged
Mr. Raymond here cited oath Wendell the case Of Coo
per Barber in support Of his position contendng thai
the publication Of the truth did justify libel In
Wenda also the case Mitchell Bonder charging with
having sworn perjury it was held that in justification
defendant only bound to drove the false ceare
hut there was another cessary ingredient he being
corrupt He Ia charged with being ruined.
CoUsT-Do .youxnean ito say that publishing that .
man was ruined ny operations in banking that such pub
Mr. RAYsorD.--He is charged with having ruined the
say he ruined the Hamilton sa Of III. stss
general tendency Of the whole article was directly libel
Ious, and therefore the defendant cannot justify.
CouRT Do you think that the libel Is not susceptible
Of Justification
Mr. RAYxorD-I think that the plain import Of the
language il quite manifest.
CouRT-I think the Islander ID against the Hamilton
Bank.
Mr. Rosrrsor here placed witness the stand to
prove general character
Mr.. RAYMOND objected
The CoURr overrued the objection when
Mr.. ABJAH MANN was sworn and examined by Mr..
Robinson. ! know James T Rogers, and his general
character have heard said against him. than in
of him casually The majority Of persons whom have
heard speak Of him have not spoken well of him.
with him as agent for other parties but on my own
account.
Mr. PL.rr ApAM. examined by Mr. Robinson. Ihave
kept Off ,e in Wall street and have been there since
saO have heard Mr.. Rogers character spoken Of in
aerogaory Of integrity. His character
CT ss eram,ned by M RAYMOND lived near Rogers
in Wall street prosecuted him on note. have fire.
goos sea 81 Ssara oa G
Of Mr. Rogers character at Mr.. Thompsons but gene.
rally in the streets heard Mr. Deane of Wall street
speak of him. and also Mr. White the lawyer He spoke
badly Of Rogers believe 1t was Mr. James W. White
MIR. +. DAVIS examined by Mr. RosirsoN-I know Mr..
Rogers His character SO far % have heard spoken
OF, il bad
Mr. WARREN JENKINS corrcberated the statements Of
the foregoing witness in relation general character
Mr. JOAN RICE sworn-examiued by Mr. Robinson
resided at Allentown, (Pa; lett there in July, ls43
was from 90 to IS years Cashier of the Northampton
Bank and for two three years President Of the Bank
was originally mechanic. and learned the CONNECTION
airy business, which follow in East Broadway;
knew James Rogers during my negotiations to obtain
money for the Bank knew him to have obtsned loan
under sealed agreement Rogers received money under
that agreements he received large amount OF the bills
Of that Bank under this agreement.
CoURr-I there written agreement, it should be
produced
Mr. RosIssoN shall be able prove that he receiv
ed money from the Bank
CouRT A witness cannot testify to facts, which
embodied in written agreement between parties
admonsh the witness not 10 answer.
Mr. RosIrsoN.-Csn you tell the amount he got from
the Bank
Mr. RAYMOND objected
WIrNEss-Ic can't tell the exact amount; / wish | had