The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-12-10
Common Pleas.

before Judge Ulshoener.
.a1e1dndsr Jones Henry Wykof-This was an
action on the recover for breach Of CON
tract the PIsntiG Is Mr.. Alexander Jones' gentle
press Of this city The defendant Is Mr. Henry wykon
emsI'y p,oprs.or OF newspaper called the Republic
end ss.y for
the defence. Mr. Smith opened the case As fcilows~
Mr.. Wyckof were In London and there after several
consultations entered into agreement, 10 establish
nswspeper in this city to Be called the Republic General
Green to be the editor and Mr. Wykof to be the propre
tor ofhe paperbu the sole administration ofths EDITORIAL
department to be in charge Of DUFF an agree
the parties which bears date the a0th Nov ls4s In
January ls4a. Mr. Green out here and Commenced
Green arrived he employed persons for its d.rept de-
parments, aud amongst others employed the plaintiff
both as the local and travelling agent Of the Republic
and for that purpose entered into wr ten sgreemen mt
with the plaintiff by which plainf was to have $1,000
year for his services. Previous to Mr. Green coming
out the plaintiff had been connected with paper in this
city called the Gazette which then about to be stop
ped. and II was agreed, thought prudent by Messrs
and materials Of that establishment as well AZ the SUBJ
In pursranss Of the arrangement. plaintiff attended
them for Mr. Greene and had them sent to the ONCE Of
the Republics be also took publishing Office in Fulton
val Of Mr. Wvko in this country in the latter end of
February: ls44 On the arrival Of Mr.. Wykof he
contracts discharged the plaintiff and refused to nav
him his wages for the two months he bad been attached
10 the Republic Mr. smith said they would prove both
contracts and under them they would insist they were
enledto recover: not only wages for two months but
also damages for Of the contract entered to bv
Green az the agent Of the defendant with the plaintiff
JAMES Row.. clerk in the office of the Republic ex.
amined by Mr. SMITH-Knows the defendant in this
cause; has seen him write; knows Gen. Duff Green;
was engaged on the Republic; has from time to time
the handwriting Of Mr. Green; the signature to the
writing nov produced, is the name and handwring Of
H. s. BARrLErr. examined by Mr. SMIrH -Kpovs
Duff Green; has him write hut could not recognize
Republic; Duff Green was the edit tor when the paper
vas started thinks it started shout the beginning Of
February 1844 witness engaged ~ assistant editor
General Green continued editor until Wykoff re.
turned after he returned he assumed the control Of the
paper and continued witness assistant editor he ais
retained others; witness does not know whether he paid
the persons discharged not; witness himself was paj
Mr. Row. was again recalled to prove the handwriting
OF Mr. Green to the contract between him and the plain
tim Several other witnesses were also examined to
prove the PLAINTIFF connection with the paper and the
services he rendered-after which the plaintiff rested
Mr.. BIoELow opened the defence He said the suit
would never have been brought Il II were not that
the defendant was reported to be man Of fortune;
they would show that the plaintiff was never In
because he, Jones, did think the defendant re.
sponsible nor did he think Green had authority TO
employ him they would also prove that Green
had no authority to employ any person in the es.
and that he had exceeded the powers given
to him by the contract and they would also show il
that he never rendered any services paper Mr.
Thomas ketell was examined BIZ Mr.. Bigeow TO
prove the plaintiff did not render any service to the
and that no and Mr. Green quarreled about
the materials OF the Gdsefte purchased by Mr Green
After examination of Mr.. Kee the court adjourned to
this morning.