New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-06-20
LAW COURTS.


Reserved csuses-Nos a. 5s3, 722, 429, 27g' Jil'
l6l 42s 1926 49, 55s, 6sl, 6s9 67s, POI, ls5, 6l9,
1856, 626, 1885, IA, $50, 40, 379, 30, Az.
COMMON PLEAs-Part Mos. $40, 3sl, 3s3, 659,
3s5, 3s7, $50, 39l, 36l 800 3d. 373, 375, Isl, l9J
Part II-Nos. 3jj, 272, jl2 and tue even success
sive numbers 70 56s.
49, 49, 80 40, 3, 1884, %, l43 lii ID, 9, 49,, 81
49, sos ISL to 49, 100 to l65 lib, - l5l ~ 4so
SUPERIOR CoURT-B fore Judge Oakley-Ai-
beyf o. Odfman VS.. Greelty u Naturalization
for alleeed Libel -On 10th OF Aug among the Pc
lice reports in TIE Tnblae was ole relating 70
complainant as follows: Cept. Middleton last
evening took into custody q dashing young fellow,
named Albert c. Oatman, on charge OF stealing,
on the eth of July last 10 dozen empty bottles, val
ued at S. from Perkins & Brothers sales room, on
the corner Of Grand and Center sts. The accused
at the time Of the larceny was in the en- plOyment
of Perkins d Brother a bar tender ont wnen ar
rested IVES III the same capacity at X athbuns 10
te When taken into custody he behaved in a very
unbeccmiIg manner" Here follows few lines
OF little or 10 moment, ana conc1des thus "Poor
fe low he has sold his expect lions for the palry
sum Of IS, and that in old bottles. He was com.
mtted"
Mr. 4. r Dyott, the attorney who brought the
suit for Mr. Oatman in opening the case, relied up
on the rule laid down in recent decision OF Judge
Campbell, adopted BY the new branch Of Superb
q
which the principle is laid down that a ne wspsper
in publishing preliminary proceeding, on com
plant at the Police Office, amenable 10 suit Tor
libel and must prove IN order 70 ge. rid OF II, that
the complaint itself was true H. also alleged that
the words "dashng fellow and the words,
"poor fellow lie has sod his expectations, &c
were remarks calculated 20 H. ure and not part Of
the proce edings, and therefore libelous in them
selves He read the paragraph from the paper,
and rested
TIE answer Of MesTs. g. Il ME. admits the
publication, bat says it was made without malice,
brought 10 the office in the absence of both de-
PENDANTS by re porter OF the press ia the City Of
New.York, aud Published without tn, actual
knowledge or consent Of either, from correct and
Impartial report Of a Judicial proceeding and was,
in aCt correct report OF such i1dici z. proceeding.
TIcy say also, the matters contained in IT, they
have reason Ia believe, were true, and Published
with proper motives and jnstifabls ends.
Dir. n. b. Blunt lwhO was associated with Mr..
W Bloomfield for Messrs. Il. n N opened the
case for defense in which he contended the rule OF
law to be, that where Judicial proceeding is held,
as this was, where the public have RICH 10 be
present, it is proper aud every way correct that
the proceedings should be given through the press,
as Otherwise, the public would not have an oppor.
tuli,y of huowiIg what is done in public bodies
as but few persons from its capacity. can be pres
ent in any room at the time to b, witness Of them
AS to remarks in a paragraph, II il IS in keeping
with the subject written, the paper ls ree 70 use
it, Besides which, poo! Will be introduced with
a view TO showing that the statements were
true, &c.
The Gidayt OF Mr.. Perkins at the Police, chang.
ing plaintiff with having taken 10 dozen bottles
DC was here read, aud other aifdaVEs offered,
but ruled cut.
Capt Middleton Tenth WaEd Police was called
and testified to having hal a warrant aud arrested
OatEam opposite the llathbun Hotel. While going
to the Ponce Office .. made use OF bad language,
arlN Ia hrDf her
James II. Perkins test!ie 70 beng, with his bro
her proprietor Of Odd Fellows Hail. corner Cen
ter and Grand sts. Mr. p. was employed rs bar
tender bad 100 dozen bottles in the counter cellar
was informed by the porter that Oatman had let in
man before the place was opened in the morning,
end io'd 20 him 10 dozen bottles, Offering to the por-
ter % cents not 70 tell about il charged OGtman
with il but he denied It subsequently told him that
two men who got swill had seen him; there was
SON elhing else said in relation to him he then said
the only thing he bad done wrong while at the es-
thbishment was selling the 10 dozen bo,tiesi Ia
The course Of the conversation be said be was a mi
nor and could make rs pay over again what we
had paid him Mr.. b. said it bad been suppoSed
he was II We engaged him a. $50 month
and had paid him one month; after he left be call
Cd fer SD tha. was dge him told him after wha.
had heen seid it could be paid only % guardian
he slterward sued, claiming $50, at $50 a month
went to Mr.. D. Oft, his lawyer, who took the 10
dine in full the bottles were said 20 Oe taken IN
Juy, and the complaint made 9Th August; lOlh
tie Police paragraph appeared, AMI llth Af. Dy-
Oft without asking IL IS said any explanation
commenced this SUIT
Mr.. d. summed up. 1t was said the complainant
did not appear and the Grand Juiy dismissed tho
complaint Mr. ID. replied, in which be called upon
the Jury as usual in such cases 70 punish, or pro-
tect the public from licentious press
Judge Oakley, in his charge, held that the pro
rriet,rs are responsible for ths mater furnished
,botr r.iorg m he in
case does no. show SIR. Oatnen % have been
liable for q charge of larceny sihoughit may have
been breach 81 trust or something OF toe kind
Still it is shown that the report agrees with the
conp.aint--it merely states that such complaint
il MADE srd 20 iar appears - be ls'ina0ie as IL Is
matter of every day occurrence. bnt the remarks
amended seemed 70 imply that the charge OF lar
ceny y as nue. aud therefore they are not Justified
sill the Jury can take into view al he clfcln'
stances aud treat the remark in mitigation but not
justification Of damages 10 the eSten, the writer
uigbt have supposed il to be true. As 20 malice,
in a cnse OF the kind, it Is always implied Sealed
verde, this afternoon. We heard the Judge a.
terwerd AK the counsellor J0dge Campbell sopln
i'm be 10. having, We understood him, read IT.
This charge. IL respect 10 the RIGHT OF paper 70
state complaint made a. the Police olhce' IS more
IL keepipg with the general American rule, as We
have heard IT, than that Of JUICE c. The only
thing allowed By Judge {. is that report Of pro
ceedines st s trial, when fairly and imPartlaly
made il privileged. Previous to that tie paper
takes the risk 70 prove the Truth CT the compliant
CIKcUIr CcBS.-Before Judge M'icholl-Eh:a
Ann A,1old vs. Dadiey Z. Arn0lL. Action for d.
vorce, already referred 10. The Court stated It's
decision, that MIR Noyes had not referred tothe an
~ or 50 as to admit Of Mr. Graham reading It as
cyiCcuce In respect % the motion d Messfs
Graham and Holmes b withdraw the answer, the
Court held that they were az liberty - do So bat
they must siipalAie Rot 10 maze The cundaIon oil
aLCtheT suit
The case on both sides here rested, an Nr. Ora
b6m conn eDced tuumiIg up for defense ne
stcke for nesIly i've hOurs making most ED llent
ana forcib'c appeal q the ilry. TIE Cru-, .hen