The New York herald., 1850-09-17


The Herald, (meaning the said defendsnt>
with characteristic baseness, goes beyond therr
(mesning two newspapers before mentioned by
the plaintifi) both and tives itself (the said de-
Drury troupe, (thereby then and there meaning
certain persons named James Arlington Bennett,
and the said Samuel Drury and Samuel Drary the
younger who were, or were then and PRIOR thereto,
alleged by the plaintiff to be persons OF wicked and
unlawful hfe and under indictment for criminal
ofences) The motive of the Herald (the said de-
Dury, (the said S. Drury mesning,) Ashley, and
Case, (meaning two persons respectively, named
Ashley and Case, then under indictment Tor crm~-
inal offences,) d i'd genus or~s, (meaning, in the
English language, and all of that kind,) s not Sc
cIedtable GheIeby meaning that i was discredit--
able) as that which leads him (the defendant mean
ing) TO the battaia of the general.
We Uhe plaintiff meaniDg) next encountered the
"infuence of the Herald" meaning the said news
paper called the New York Herald, and that the said
last mentioned newspaper had little, any, IN
terrible gnash again. In the McCerran case (mean-
ing prosecution for criminal offence, then OF
recently pending in the Court of General Ses-
sions, in the city and county of New York) it is
known how its (he said defendant meaAing) "in-
huence" was procured and kept, (meanng that the
said newspaper and the said defendant had, from
unworthy motives, taken part in the said last
mentioned prosecution, or in some one or more OF
the parties connected therewith,) and the almost
daily visits of its (the said defendant eaning) re-
porter TO the cell of Drury (meanng the said
ing) to know how, and for WHAT it (the said defend
ant meaning) has been engaged again. In this.
case, (meaning the case ofthe said Samuel Drury(
i, meaning the said defendanD is more atrociously
employed than ever, and will be more signally de-
feated. Through hostility to US, 0he PLAINTIFF
meaning,) and fondness for old Bennett (meaning
James A. Bennett beforenamed) il (the said de-
fendant meaning) has been the ally OF band OF
miscreans whose lives accursed, and whose
villanes have never been exceeded"
And further and in like manner, and with the like
intent, did publish in the said newspaper called the
National Police Gaeettt dated the 10th day of Feb,
1880 of and concerning the said newspaper, called
the New York Herald, and of and concerning
The defendant, the false and defama'ory words
following, that is to say: They made every bar
room noisome with their filthy breath, proeaiming
Drury (meaning the said ). Dmry) prosecuted
man. or in offering TO bet upon his non-convctions
while the Herald (meaning the defendanD secures
TO the same heinous interest (meanng the interest
of the said Samuel Drury) Numbered in the backS
ground, and swsled the yelp with echoes Of stool
pgeoniEg and conspiracy
Now il Drury (meaning the said s. Drury) were
not rich and ready, this would be enough TO con-
vince even the Herald, (meaning that the sale
Samuel Drury was ri ch and ready in employing his
riches in corruptng the said newspaper called the
Neto York Her9td, and had by or with his rlches
and readiness TO employ same TO the purpose afore-
said, corrupted the defendant or the said wspa-
per called the New York Herald, that the defendant
would not be convinced of the guilt ef the said >.
Drury) apart from his, (he said ) Drurys meaning
and murder trial in the old country and other
trlals IOr felOny mere. stiu
s. Drur) was not altogether prosecuted man.
but money is a potent influence with the base,
(meanng that the defendant was base, and that he
had been corruptly influenced by money! And
the defendant further answering subject TO such
denial and reservation aforesaid, and on nferma
ton and belief says that the said alleged libel wef
written by the said William II. Darlington to serve
the ends of Justice and inform the police and criminal
law officers of the city and county OF New York
of his, the said William IL. Darlington's know
ledge and information respecting the making, send
ing and delivering of the said torpedo, and of the
measures that had been taken and employed by
the plaintiff and others TO obtain the conviction OF
the said Samuel DmTy, and Samuel Drary the
younger, Of the said offences, and as a contradc-
ton and reply TO the several libellous statements
and misstatem so published by the plaintiff IN
manner and as aforesaid, and the defendant SO
published the said alleged libel and as an item OF
public news, and with view To set before the puo~
lie the facts and circumstances connected with the
making, sending and delivering of the said torpe-
do as the same facts and circumstances IN truth oc~
cured and to inform the public law officers OF the
city and county of New York and the public, OF
the existence Of other and material evidence re
lating TO the making, sending, and delivery OF the
said torpedo, in addition To that which had al
ready been edduced in the course Of the trial of
the said Samuel Drury, and differing from and
contradcting the several statements and msstate-
of the said torpedo heretofore published by the
plaintiff, Of and concerning the same. and 10 man
ner and hereinbefore set FORTH and because the
defendant at the time he published the said aliegec
part thereof, if at ALL is of and concerning the
plaintiff TO be true, he published the said alleged
libel and an item of public news, and not other
wise, or with any malicious vindictive motive,
or for or with any unworthy or improper intent OF
motive whatsoever, wherefore, and by reason OF the
premises in the above answer set forth and con-
tanned, the defendant, subject TO such reservation
and denial as aforesaid, and on information and be-
lief, says that the plaintiff ought not by re ason OF
anything on the complaint mentioned and contain
ed TO have or obtain Judgment against him the said
A~f. liant .a. tk.sfk ala asrftH
tanned no injury by reason Of anything in the said
complaint mentioned, and contained, and that hes
the defendant ought not be adjudged TO make any
compensation TO the plaintiff, as by the complaint
is demanded, or otherwise, howsoever; and the
defendant demands that the said complaint Of the
plaintiff may be dismissed, and that the plaintiff
may be adjudged to pay him, the defendant, his
costs in this behalf expended.
BENJAMIN GALBRA1Tu, Defdts AIRY.
City and County Of NeU York, .:-Benjamin
Galbraith being duly sworn, says that he is the
attorney for the defendant m the above entitled
cause that the facts 10 this case in the above
answer set forth, are within the knowledge Of this
deponent, and he hereby sets forth his knowledge
on the subject as follows; namely, that his know
ledge Is his own personal and individual know
ledge, derived frem having personally investigated
the several facts and circumstances in the case,
from having inspected the several documents men
TONED and referred TO IN the above answer, and
from having seen and conyersed with the Witnesses
by whom deponent expects and believes the de
fndant will be able TO substantiate such facts aud
has derived information from the said witnesses.
which induces him to believe that the matters SO
set forth are true.
And deponent says that the above answer is true
OF his own knowledge, derivsd as aforesaid, ex.-
cept az TO the matters which are therein stated to-
be on information or belief, and as to those mat
ters he believes II TO be true. And the reason why
this verificauon is not made by the defendant H.
that the defendant is absent from the State Of New
York, and from the county where deponeni resides
at the time Of making this affidavit
b. GALERArrH,.
sworn before me, this 18th day Of July, 1850,
Isaac q. BARkKR, Commissioner Of Iseds
REPLY.
George URkos against JInes GordoT BenHtft-
George Wtlkea nlafnttH renlies IN The .n..-.w