New-York daily tribune., 1849-02-20


males were D. De taken estimates only. but that b.
tre Editor well knew the writer and xas morally sg-e
O u his statements we're conscie nt0usy made and
made on the best a.tainabe evidence n uroree5.s
% r mark that although 10 RI -ht and desrabe pe-
ss tna such isets ss Old Oenese-r bad thus dsTeoli
should De exposed % general repreheusi0n yet tteir
chiei 'alne nevertheless consisted IN the ghf they re-
necteG on tue general subject Of ana Speculation and
on the original inevitable wrong Of selling or granting
ihe uuoccupied soil OF any country Vhaisver without
con1iron oi sctual and permanent settlement there
upon that 10 this instance the stepmother state which
had org nally sold the soil O. Western New-Yofk had
obtained some pary ten twelve cents for an acre
which had already the settlers nearly halt a. many
dollars that interest and probably absorbed more
than the specined puces-for. Il would appear. the
costs were a. much - Little the agents chose 70
make them
On tbe 2oth Of April, l547 the deiendani. published
10 TIE fHc A. the request Of the plant an Il sbo.
rate explicit and complete contradiction of the charges
winch hsd been thus preferred against them scc0mps-
med win statements made by various persons con
cerning iacts within their knowledge and the whole
publication constituted perfect sn-uer and refutston
Inis publication Wss accompanied with explznatnry
remaik made By the Editor NJ Greeley. OF tie fol-
iOSiug eject " We trust readers will carefully
peruse tne statement lJf Nessrs Rcifed and PrnceJ
mote wherein % meets and wherein 1f anywhere IL
falls 20 meet the charges 10 cOnir0veris and give due
weight 10 TIE evidence appended. We uBie stand u
q .- settled that Messrs ho1hsc and Prnge have not
iOrec'osed many mortgages BY the cheap advertising
way In addition o. those they have ilrecosed 10
Chancrry, thft II Old Genesee intended T. charge
them With 50 doing, he must have been mis.ea by
having the mortgage suits In Chsucery returned - him
suits Al law and counted twice IN he aggregate oi
suits brought and costs created. ii O.d Gencsce
wishes tO prosecute the matter farther, il is rcqu
lite that be- should sustain bis charges by positive ies
umOny, and shall await the production Oi this be-
fore lduigDg 10 farther remarks save - ask every
reader q consder the bearing Of the facts elected
the general subject OF land aggregation and the cesson
.le Of wild lands in vast tracts 10 individuals or
companies
on the 9Th Of May lsl7. the Editor Of The Tribune
introduced a final communication from the same AZ
gressive correspondent with the words Old Genesee
speaks 10 day IN the supplement- 10 reply 70 Messrs
Redheid and Pring.e'
Ia that paper the suihor reafirmod a his former
cusa,l0us and be pronounced the lsst reply made by
Messrs kedhed and Pfngle weak subteriuge, and an
evasion Of ell the facts be bad before stated aud he
farther declared that since those honest and 4irdes
ing agents were before the Public he proposed 10
examine still more closely In future article, their
mode Of doing business and be pledged himself that
the Editor Of The Tribune should then sgree that
the writer Of Old Geneseo had done justice u the
character Of ih sc proceedings.
Here the publications ceased The Plaintiffs demand
ed from the Publishers the name o. their suony NOUS
ASA ant saying that they would prosecute him for the
bels rather than the publishers, he were respon-
sible person. The Publishers Cfered % submit the
name Of the writer 10 some uuexceptonsble person,
coufdeatslly and In d preliminary way and upon the
condition that the name should be given up u these
referees should decide that the writer respons
bic person. aud that the publishers of The Tribune
should 10 that be exonersted The Plaintiffs, on
the contrary, refused 10 submit the preliminary ques
ton but demanded that the publishers should, without
reserve give them the name Of the writer, that they
ght determine Tor themselves Whetner tney NOuid
elect 10 prosecute him. 10 hold the Publishers re-
spousble. The Defendants refused to give up the
name these terms, and hereupon the actions were
commenced
The publications Of the correspondents OF The tn
bHHc were lbels Of very aggravated character They
struck ri the reputation and III the means Of sub
sisenee of the plaintiffs Theywere artfully prepared
and elaboratey written and they continued with
4 perseverance, worthy OF good cause.
The defendants maniiestiy put forth every effort IN
their power 10 procure the evidences 10 support the E
bells II they could De supported The writer Of Old
Gencsee II not personally acting In the defence wss
represented there Process was issued Al his demand
and every person who supposed or alleged 10 have
information Of any nisconduc was required 10 appear
and not dsObeyed was any testimony whste'
er rejected The re,ultw that not Of al the accu
satiOns was sustained. not act Of oppression or
fraud proved against the plaintiffs nor one word OF
misrepresentation ~ them to the Farmers Loan and
Trust tompsny. No excessive bill of costs was ever
charged unnecessary suits were brought no action
brought 10 recover principal or interest unul after
the debtor had been in default two years and suits
were instituted In only few Of the when such
defaults had occurred and even these were discOnun
ued on terms highly lenent Whenever the debtors so
licited indulgence OF accommodation. No expensive
foreclosure Chaucery resored 70 where the form
Of the security would permit proceeding In tbs sim
pie and cht mode prescribed by the statute The ae
cation that the plaintiffs bad eXiofted money On the
pretcuce Oi having instituted pfucrtuluL-
none had been commenced, WAS disprOyed Ihe whole
number Of suits actually instituted was less by three
ourths than the number asserted by the besnt and me
aggregate Of costs less than the sur alleged IN Al
least great proportion. In short there was no
abuse Of trust or Of power, no popular settlement no
alarm The bcls were altogether grOundess and the
plaintiffs upon lair trial stand fully and completely
vindicsted.
have no favor for actions of libel or slander. re
gard them generally sssry, often merely vex
atous and not unirequenty retsatory ana Vlnalcu'e
never able TO understand how vindctiye damages
could compensate for wounded sensibiues, orin then
selves restore character impaired. Yet would ren
der liberal award In this case out Of respect 70 the
general sentiment Of society, differing from my own u
the author OF the lbels before me instead oi the
defendants But they stand in light altogether differ
ent and lust discrimination m this respect Will Oe
more beneficial 70 the plaintiffs than heavy damages
In the hrsi place Il Is t0 be observed that the pahun
are gentlemen of fortunethAt they do not need and
that they have generously intimatcd 10 me thcy Do
desire 10 eNt0ri money from the defendants even
as repsrston for injuries. Ia the next place the De
eudauts have met the plaintiffs IN liberal spift SUI
ecting them TO delays and 10 expense No formal
pleadlngs have been made no technical ssue joined NJ
considerable expenses oi attorneys lees incurred -
The def ndnis consented that the csse should De tred
At Batavia where the plaintiffs resided aud their DOCKS
could be produced and the witnesses attend without
expense My services have been rendered AZ an act
of friendship without charge The only considerable
expense which the plaintiffs hsye incurred was for
counsel fees, and those must be literally paid
The paiutf fs IN the beginning had clsm for great
damages. The defendants were responsible u tht
plaintiffs 70 prove the 0els which they had puohhed
to De true or 90 compensate them for the n Ires they
had inflicted But the plaintiffs were bound then 70
elect whether Trey would resort 10 their action or %
some other method. They did wisely and properly as
well as generously resort to another method They
applied 10 the defendants to DO them jusce by publish
ing their own vnsicstion prepared by themselves lne
defendants not bound % do this and 70 RESPOND
IN a IMAGES also When the defendants had pubhsned
iust what the plaintiffs required there was an implied
satisfaction thus far Bu; the defendants did not rest
there Their comments the vindicsuon were III
berAl and unsatisfactory, and they permitted the hoeer
% re8ifrm bis ca'umnies ia their columns Ihs VI D.
self furnished a new Of seton, for which tne
plaintiffs were entitled prosecute their suits But
st the prosecutions must be regarded as being iounc
Cd on that cause, not on the cause whlcn hsa De-
fore existed and which had already been removed
In regard 10 this last cause, well ss 10 the nrst
would be manifest denial Of an obvious conviction mat
the defendants acted In good iah although very erro
neousy They are not altogether eXcusa'le' out yet
there i 4 manifest and essential difference between tne
constructive malice which the law Justly and Wisely I'M
puies TO them and the hateful msgniiy Of deAoerse
sad w.llful csumniator.
The plaintiffs had n ght 20 elect whether they woud
prosecute the defendants seek their redress az nsi
the author and they strictly had light 10 reserve zoe
decision OF that question for themselves AT the same
time the defendants could scarcely be required 70 sur
render the Of thelr inform Ant ana yet remain eN
posed :, personal prosecutions. The parties compro-
sea this delicate question BY referring the SUBJECT 70
"a nsed ID