The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-10-12

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prsetics and usssss Of that court, and that witho
| nIing Q new declaration step be taken again
| . defendant to compel him to plead thereto.
Court or Common PIeas--Part First.
| Before Judge Ingrshsm-
ACTION FOR MALICIOUS PROSECUTION
| Ger T.-Edmund n. Child rs Fielding s. 0anf-Th
was action for alleged malicious prosecution srsin
out Of suit for libel instituted by Mr. Cant, superir
Tract Society, against Mr. Child for an alleged b,
contained In paper published in 1899, snd eutitie
the Lady's Ocn. The nature OF the libel thus com
| planned OF was charging Mr.. ant with cruel an
tyIapnicsl conduct and drsp stisr towards youu
women employed under him as binders. The srtici'
also called him gsunt, grim monster - aud charged
him with caproiors acts towards these females and
with having dismissed ono Of them because a young
man from neigh boring building sent her orange.
Ihe pialnln In the present action complains OF hi.
having been arrested dragged through the public
streets and held to bail before the Recorder that he
subsequently ATTENDED ut the court with counsel and
witnesses, TOR several days, which entailed on him
heavy expenses and loss OF time from business after
which noHe prOsequi was entered the part OF NJ
Cant. by means of which TIE prosecution was ended
sno Mr. Child proven ted vindicatipg
in relation TO the action and showing, a. he could
have done, that the prosecution malicious. Da-
images were laid at $4,000.
John Sparks, one Of the clerks of the Count of ses
sions deposed that plaintiff held TO bail on "A
bench warrant In the Court of Sessions; there
Two recognzances, each Ia the of $500; there
tw indictments found against the plaintiff; the
prosecn in that instance the pref
a noAe prosegui was entered Iith May 1879; I 40
not know that the plaintiff requested the no prossqp
fered the consent for n0He proS sqHi in evidence
Witness continued-These are the papers that
filed at the time the mole presequi was entered
Two consents of Mr. Cant aud the District Attor.
asy, produced Witness-These fled in the
Mr. Brady offered these papers in evidence but the
court excluded them.
Joshua b. Lockwood also deposed 70 the arrest of
Mr. Child and that he suffered much from Illness; he
was proprietor OF the Laevs Cum; the arrest caused
brain fever to set In he out OF his nearly
two week.. and was not able to pay the attention 10
he n sho in md
he sustained damages to the of $500 81
On cross examination by MI Brady the witness said
he Is upcle to Mr. Child and mployod in his Of
nee witness served the subponas tor the last trial.
served them on the young women in the binding de-
partment; the witness dePosed to conversation be-
tween Child and Cant, and said that the latter ad-
mitted the articles to be- true, that
apple instead OF an orange tha sent to of the
Mr. Brady Then you mean to say that Mr. Cant ad-
mifted that he was brute and "gsunt, grim mon
Sarah Slsvg deposed that she knew Child and
Cant; was employed at the Tract House at the time
the kubponas were received; Mr. Grant said in wit
ness's presence, that he would follow aid with law
Cross examined by Mr.. Brady-Miss Burton
discharged the young ladies were very unwilling to
Mr.. Brady subsequently moved for a nonsuit, and
having read articles in the Losys OcE, which he
tended were sun cient to warrant MT Cant in bringing
action for libel he said that the District Attorney
was the prosecuting officer it being crirsnsl charge
snd Mr.. Child but witness in the The District
Attorney II was who entered the noiie prossgui.
The Judge said. that though he had some doubts in
the matter himself yet he would send the case to the
Mr. Brady then addressed the jury on behalf of the
defendant. and called Mr.. j. Phillips, the Assistant
District Attorney, TO prove tina. It State prose-
cution, that a mol pros was entered
Sarah Wright depos.d that she had been binder in
the Tract Society Of which the is the SUPER
for nearly five years aud never any ds
agreement with him she is married, and lett the
situation OF her own accord che not discharged
she Is the person to whom the sppo seat though
she did not accept it
on crosse animation she said she did not know
whether che the person alluded to in the article in
the Lady's Oun but she YVES the person TO whom the
apple sent. Adjourned.
Der s-This caus. was resumed this morning
The court presented rather d novel sight, there
being nearly sixty well dressed, aud msny Of them
very bs ndo and gepteel looking females In attend
ance the greater number Of whoa Il wss understood
TO be examined witnssses the defence they
being employees In the binding department OF the
Tract Society. Some Of them in waiting rebuff
ting evidence for the plaintiff.
Daniel MeLsud sworn-Deposed that he present
one day at a Ivertstiou between Child ana Cant !;
the object was for explanation Of charges In the
Ladies Own; Cant said it was ascertaiued that the
apple was sent from McElrath's Office; that the girl
wase good girl and was not discharged he also de.
MED that there had been force used in putting ont
the other tri alluded to- Mr. Child seemed to be
Rachel O Pattsn, (femsIe supsrintendentA examined
by Mr.. Brady-Deposed that she In the employ
msnt of the Tract Society since 1876 remembers the
circumstance about the apple sent TO the young
lady who exsmine a here yesterday; nothing va.
said or done to her she remained in her situation for
some time, until she left and got married.
Crossexsmiped by Mr. Bryant discharged the
young ladie when necessary; / have no doubt that
the apple sent TO the young lady speak Of is the cir
cumstsnce alluded to In the article Ia the Ladies'
own never heard Of any other apple being sent
,hough there might have been without my know
ledge
To Mr.. Brsdy-I always knew the reasons why young
ladies we're discharged by MIR CANT; when discharged
them IL was Tor different reasons sometimes Tor bad
work.
TIE Mr.. Bryant heard = rumor Of a young lady
named Brewer boing discharged for something about
an apple, but never knew It.
Other witnesses mined, 70 slo~ that sons
Of the young ladies discharged for being mi
nutes ate la the morning One young lady on eress-
exam. nation by Mr. Brady said that they used TO
make more noise than Necessary but not more
than vas usual among Suoh a number Of ladies'
daughter
FROM the vast number OF the fair sex present some
were examined 20 prove the knj treatment % Mr.
Cant end some 20 prove that he dismissed young la
dies without great Cause. Adjoul aed
ocIoBrb 9-Aiter the examination Of some few more
female witnesses Mr. Jas. 7, Brady addressed the
jury beh alt OF the defendant aud Mr. bryan sum.
med up t1r the plaintiff The Judge then charged
the Jury upon the law OF the case, aad directed 3
sealed verdict.
ocr. 1o-Tbe Jury brought In feasd verdict this
morning Tor tho defendant. A poll Vas demanded,
and they we're Unanimous In their response.