New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1845-08-07
SUPREME COuRT....LIBEL.

s,ion Of the law Of libel in the Court Of Errors.
SUPREME COURT. LIBEL.
r~,. r,ujaoye Coop,r Vs. Horace Grcelcy and Thomas
l.Erah. Dsmrrro 70 I'd. Sd, H. 5m and 6h Pleas.
p,ouAHp CooPER for plaintiff WILLIAM H. SEWARD
and - CoNCER. for Defendants.
Ryfks Court JEwETT J. The first count Of the plain
ef,declaraton is for publishing and procuring 70 be
rabi.hed in The New York Tribune on the 29h day OF
November ls4l libel Of the plaintiff, containing, among
cher things, the following
@Ms events having Published the letter excepted to,
amlief ofinegence without any sort OF feeling toward
r Cooper but such his conduct seemed Ia excite
have all times stood ready 10 publish, cheeriuy, any
recton or contradiction he might choose 10 send us He
chooses 10 send none-bui suit for Libel instead. So ben
Chen Walk in Mr. Sheriff There is one comfort 10 sl--
aa u.s. under his terrible dispensanon Mr.. Cooper will
have u bring his action 10 tra soneehre tie VIII not Ike
10 brng II IN NrwiOrk-for We are known here; nor IN
'Olsego-ior be Is known there
Suitable nuendoes are alleged showing that the de-
PENDANTS intended to apply the publication 10 the plaintiff
and concludes with inucndo that the defendants by
hat part Of the publication NOR in OsegOfor be Is
known there" that the plaintiff in consequence Of
beng known IN tine county OF Otseeo was IN bad rpgff
rs ana would not for hat reason like to bring suit
for hbe in said county of Otsego
The defendants have plead the general issue 10 the
whole declaration with several special pleas Of ustca
ton The second plea is special plea in bar to the
fs. count 1t begins dcio non, &c. because they say
that before and 40 the lime Of publishing those words,
ibe defendants editors and publishers Of certain
public paper published in the City Of New-York
known The New YORK 1rDunc-NhlCh newspaper
wns pub shed daily and then and there called The New
York Daily Tribune and also published weekly
and was ihen called The N-w-York Weekly Tribune
and the said doerdanis such editors and publishers
On the day IN that respect mentioned in the sad first
count Of he said declaration published in the said news
paper the said words concerning the painiIfthe said
words being only part OF words on that occasion pub
lhed all OF which wOids published, &c are as follows
MI J. Kenmore Cooper informs the public through
The Albany Areu. that he has directed legal proceedings I"
he commenced against the Editors Pubishers Nc OF The
'rnh1ne and Evening Journal So 10 catch 10 for
publishing etier from Fon "a dealing the proceeding
at the le Circuit Cuu held there in the of J. feni
more Cooaorv Thar Weed, ana the People OF New.
York v Jam Watson Webb ffeci.ely What we have
done Tine pains and rrates Of the law we DO DO
'anieT-'aIi, but We doubtless shall when the Short
clutches aid Mr. }. Frn'nofe cooper rains down urpn
o.. Mr. Cooper tolls Inc story a greater leugh and put
In for his conduct n irving lis own suil CO.
avcrc bv drrt me c0Hd daJ q The cr IN TIE face
'ofa statement from MI Weed That h" Wa compelled "a
gi ou of cars 4ieud the bedside of dying daugh
ter atl would be up hc next day; but We DO not see that
ne corradcs ur CORES pcudeni on any essential point
al events having published the letter excepted 10 ms
mater - uie ence, thoui any sort If feeling toward.
No Cooper but surhas s conduct lu The seemed
10 sxco have all times stood ready 10 publish cheer
yay correction contradiction he might choose TO scEc
So he IL them Was in Mr. Sheriff. There Is comiori
10 under this terrible dspensaion Mr. Cooper
will have bring his trial so"le1cheie. He WI. not
like 1, bring In NewNork-ior We are known here; nos
ia Oscgo-ior he IL known there We bflie he has no
sou-ct az but TO bring ~ Montgomery County among
'ho,e mo The nesse Of and ssmpGtt,ers IA, has ni'
dea o. Col Webb That rather incOnvcnieut To ushuf
We fee. confident OF fair irI and good deliver wce
before any aDsf7oen Jury 80, MI Ehnghan, fetch on
your bears"
The defendants in this plea then aver, that the plaintiff
before the publishing said words 10 wit on the 18th day
Of November lsil Albany caused 10 DE published in
the Albany Argus public now paper printed az Albany
setting the utcharsngon The deicndaDtsihc
Vubcai ON Of false sfaica fsaud the defendants aver
that sad words puhsh.d by them were IN reply u, aud
comm.rting on said notice and they further aver that
parnf AZ me time aud long before that Time to VIII for
ten years resided in the County OF Otscso and was
known ~ many good and worthy citizens Of this state
residing in the said Countyand bang 80 kaorR ne had
sccued and had 10 wit on the day Of n" publication OF
the sad words last mentioned the rtpu lion there OF
proud caplous, ccnsoriOus arbitrary, dogmatical mali
eous. liberal revengciul and iigious man-whereiore
be in bad cpu,e in the said County OF Osego and
the defendants sverrcd that by means of the said plain
u being such bad repuie in the County OF Oisego he
would not like and did not like 10 bring an action against
The defendants for words published by them, 10 trial IN
he county of Otsego: wherefore the defendants being
srch editors sc published &C. ne they lawfully &C 10
which plea the plaintiff demurred. and assigned the fol
loving causes II demurrer to The I'll plea;
That the matters therein contained, are not justin
cation of the words set forth in the irst count
H. That the plea does specify any act or acts OF
Tie p4duua nor state particularly any facts which sho"
iaasihe plaintiff ever justly held IN bad repuie IN
/ Ie County Of Otseeo
H. That the comments in said plea with respect TO
Ee reputation OF the plaintiff in the County OF Oisego
reimnropcr and insufficient 90 show that the rcputa
eon O. the plaintiff in said County, was ever bad.
IT, That il does not appear with sufficient certainty
tom said plea that the reputation which It alleges the
psnia 10 have had in the County OF Otsego, was con.
sequence Of his being known to the citizens OF said
County
v Plea docs not well and sufficiently the facts
uhstsni tally alleged in the libel % wit that the plain
NJ the time Of the publication OF the hbelous words,
Wa in bad reputc in the County of Otscso-and that
tch bad rcpu'e consequence OF his being known
sa,d County.
The frs, question in the examination Of the case as
Presented by the pesdnss is whether the first count OF
III. 4. !. "a s,k.f 4.
6ow ths, the second plea whether good bad need
not be examined for the purpose OF giving Judgment
uPoa the demurcras the rule Il that where the count
defective in It's structure that verdict viii cure
Il The defendant on demurrer TO the ploa may fall back
upon the ooun,-Miller. Y. Maxwell 10; Wend9
Il l. ATTEMPTED TO pc maintained that the count IS bad
On TIE ground that the words charged 70 nave oeen pup
h,hed are not lbclous The construction put ON the
hoe By the painn-hat II charges HIM OF being IN bad
,yss 10 The county OF Otseso. IN consequence o eeH
r0rH IN that county. and for ia; reason ne "e@o not
As to bring suit for libel N ina, county, row ar
Desc words q the supposed libel to be understood oy
o. Court, It canno, be doubted but that Is Ne doiy
o'ae Court in action for be,o understand I'M pIo
nstoa CONF ancd OF IN The same manner rs o'"ess 80
'.aoo' any ton to find out looph0lcs as ne means o.
escape icr the defendant from the offences charged
The construction which il behooves g court Of justice 20
NOa publication which is alleged 10 be hpelous Is IA or
.-srsed a. wen from h- expressions used as rom ,ne
- S-racr Spencer, Scuihwick, II; John Rep oe<
'.-~'er' y DclsvaD. 20 Wind 81.
seem - me that the meaning of tbs words charged
au'9'ed BY the inaendo Is plainly true. Il may, per
y admitted that the charge is not made in an open
of'ct manner, but ironically. such expressions IN
~oHcSh"n will no, for that shield the publisher
tle 'np Gauon Of libeler The stingofi The word-
.' case i IN the imputaon which il is alleged the,
'f. mat the plaintiff had acquired in Otsego county
,paialon 80 odioss that he would not dare TO risk
ssns' the defendants for The offence charged In thai
.-"y knowing enough Of the influence OF human ac
IN, a-,y 70 spprehend danger himself from such
ncre Tor that Cause II have rightly spyTehcndcd
uue meaning OF the words Of the publication. the
1~saoa follows: is such language with such meaning