The New York herald., 1850-09-17

and pfetenccS neTenDefOTc sci 1OTtn, ana as mere
inbeiore set forth and alleged; and, further, that
the plaintiff, before the publication OF the SAID al.
legged libel, and with the knowledge aforesaid, did
conspre and agree with the said VIM. II. Thomp-
son and the snid William ii. Darlington, and each
of them, to use the several means and do the seve-
raj acts and make the several false representations
hereinbefore set forth and alleged, and as herein
before set forth in manner aforesaid, and with the
several intents aforesaid, or some or one OF them,
and did, in pursuance of such conspiracy and agree
ment, use the several means, do the several acts,
and make the several false representations and
pretences hereinbefore set forth and alleged, in
manner, and hereintobefore set forth and alleged,
and with the several intents aforesaid, some or
one Of them; Or further, that the plaintiff, before
the publication of the said alleged libel did, with
the said Vim. III. Thompson and Wm. H. Darling
ton, or with the said w III. Thompson and w. H.
Darlington, and some other person, to the defendant
unknown, coAspre and agree to do the several acts,
and make the several false representations herein
before set forth and alleged, and as hereinbefore
set forth, in manner aforesaid and with the several
intents aforesaid, or some or one of them, and
did, in pursuance of such conspiracy and agree
ment, use the several means, do the several acts,
and make the several false representations herein.
with the several intents aforesaid, some or one
of them And the defendant further answer
ing, subject to such denial and reservation as
aforesaid, and on information and belief, says,
that the said alleged libel it, and SO far as the same
any part thereof if at all refers to or is of and
concerning the plaintiff is true; and the defendant
further answering subject to such denial and reser-
vation as aforesaid says that on the third day OF
May, 1S49, and from thence until at and after the
time of the publication of the said alleged libel, he
the defendant, was the proprietor, editor and pub
Usher of the said newspaper called the Ns,o YORK.
Herald and the defendant on information and be-
lief, says, that during all the time last aforesaid the
plaintiff was the editor of the said newspaper called
the National Police Gazette, and during the time
last aforesaid the said Samuel Drury and Samuel
Drury the younger, and certain persons named Ro-
h..Kf Air(Na l. Aah
and James Arlington Bennet, by the plaintiff called
Mormon Bennett, were severaly and respectively
charged with the commission of criminal offences
within the State of New York; and the defendant
had, during the time last aforesaid, published in
the said newspaper called the Nfo York Herald,
statements of and concerning the said several
charges wherewith the said Samuel Drury and
Samuel Drury the younger, and the said Robert
McCeran, George F. Case, Joseph G. Ashley,
and James Arlington Bennett, were so charged, and
Of and concerning the said Samuel Drury, Samuel
Drury the younger, Robert McCerran, George.
+. Case, Joseph G. Ashley, and James Airing
ton Bennett; and had also published in the said
newspaper called the NeD York Herald, comments
upon the said charges wherewith the said several
persons last aforesaid were so charged, and upon
the said persons their acts and characters respec-
lively; and further that before the 9th day of Janu
ary, 1850, the said Samuel Drury had been thrice
indicted for the said offence of making and sending
the said torpedo, as aforesaid, and during all the
time last aforesaid, and on or about the several
days and times hereafter mentioned, the plaintiff,
with the intent and meaning, and for the purposes
after mentioned, published in the said newspaper
called the National Police Gazette, concerning the
defendant, and of and concerning the said newspa-
per called the Netc York Herald, and of and con-
cenipg the defendant as the editor OF the said
newspaper called the Nsw York Herald, and of and
concerning the said Samuel Drury and the said
Samuel Drury the younger, and of and concerning
the said alleged offence or offences, of making,
sending, and delivering the said torpedo as afore-
said, wherewith the said Samuel Drury and Sam
uel Drury the younger, were as Aforesaid charged,
and of and concerning the several matters, per-
sons and things aforesaid, the false and defamato
ry matter hereafter set FORTH and the severa state
ments and allegations hereinafter set forth, and
during all the time last aforesaid the plaintiff was
accustomed 10 and did describe the said Sam'l. Dru-
ny by the several epithets "the powder fiend," and
" the fend incarnate )" and by the words the pow
der fend, or the fend inc arnate, when used by the
plaintiff. was meant and understood the said Sam
uel Drury and during all the time last aforesaid,
the plaintiff was accustomed to and did describe
the defendant as the Herald, and the ally of
cnme;" and by the words "the Herald, or /" the
ally Of erime," when used by the plaintiff was
meant and understood the defendant; and during
all the time last aforesaid, the plaintiff was accus
toned TO and did use ironical language concerning
the defendant and the said newspaper, called the
Ne,c York Herald, and particularly used the word
influence, TO describe a want of influence; and the
word influence, as used by the plaintiff, was meant
and understood want OF influence; and in the said
newspaper, called the National Police Ga-ette, of
lnt Odtc Oh lnt H1tn DAY OF JANUARY, IoDb, inc
plaintiff published therein and Of and concerning
the said Samuel Drury, and the several matters and
things aforesaid, the words following, that IS to
say "The powder fend (thereby meaning the
said Samuel Drury) therefore will go before the
present grand jury with strengthened testimony of
his guilt, (meaning the said Samuel Drury was
guilty Of the said offence Of sending the said tor
pedo wherewith he was charged as Aforesaid and
ton of seeing him (the said Samuel Drury mean
ng) indicted for the fourth time for the same
offence" (meaning the said offence Of making and
sending the said torpedo And IN the said news.
paper called the National Police Gd-ette, Of the
date Of the 18th day of January 1850, the plaintiff
published of and concerning the said Samuel Dru-
ry, and OF and concerning the said offence where
with he was so charged as aforesaid, the words
ing the said Samuel Duy) known to our (mean-
ing the plainth's) readers for his (meaning the
said Samuel Drury's) terrible attempt (menning the
making and sending the said torpedo) on Mr. War
ner,s (meaning the said Thomas Warner's) life"
And In the said newspaper called the Nattoaal
Police Gd-tffs, of the date of the 18th day of JAM
uary, 1850, the plaintiff published of and concern
ing the said Samuel Drury, and of and csncerning
the said offence wherewith he was SO charged as
aforesaid, the words following, that is TO say
We (the plaintiff meaning) have put the powder
hend (the said Samuel Drury meaning) on the full
powers OF his invention, until we (he plaintiff
meaning) get him (the said Samuel Drury me aning)
convicted And in the said newspaper called the
National Pcloe Gdzeife, Of the date OF the second
day of February, 1850, the plaintiff published of
and concerning the said Samuel Drury, and of and
concerning the said offence wherewith he was
charged last aforesaid, the words following that
is 10 say "No fair mind can reject the conclu-
sion Of the prisoners (the said Samuel Dury
meaning) guilt (meaning guilty Of making and
sending the said torpedo as aforesaid) Aud
in the said newspaper, called the Natioral
Police Gdsstfs, Of the date Of the 18th day Of Feb
rusry, 1850, the plaintiff published Of and concern
ing the said Samuel Drury, and Of and concerning
the said offence Of making and sending the said
(the plaintiff mesning) have shown by evidence ir-
refragable, and by majority verdict too, that Dru
~, tmesning the said Samuel Drury,) is being
litter for hell than earth" And the plaintiff then
lieved, or 10 all,ge and charge, that he, dcfen-
dsnt, had received, or expected TO receive, bibe
nom the said Samuel Drury, for the purpose of and
for publishing unfair and partial statements and re-
ofience Of ma King and aendinr The .aid tnrnelo :.