The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-06-20
SunerinY Court.

Jrys 19-.qe,ion for alleged LLei-.ii5ert c. Oatpan
Horace Gresiev and Oh1s.-From the opening
statement of Mr. Dyott it appeared that this was an
action brought by the plaintiff for libel published
cffce report. The plaintiff had been in the employ of
Perkins Brothers, Of the 0dd-fcllows' Hail. and
having had dispute, he lett them and sued them for
his wages which they paid by a compromise They
PERKINS Coz afterwards went before police justice
and made charge. that the plaintiff had stolen
several dozen of old bottles, their pr ,perty Oa'man
arrested, and this action is brought the follow
ing report of the proceedings hieh appeared in the
Of T lie r"nt IA ward last evening
took into custody n dashing young fellow, named
ALERT c. oatman On charge of stealing, on the sih
of July last ten doncn cf empty bottles valued at 30
from Perkins h Brothers fao room, the corner OF
Centre and Grand streets. The accused, at the time
OF the larceny was in the employ of Messrs Perkins,
lar tender but when arrestedhe was acting in the
same capacity at Rathbuns Hotel We learn that at
tie time of bis arrest. he behaved in very unb scom
Ing manner Poor fellow he has sold his Expectations
for the pary sum OF So and that In old bottles Com
mitted to answer
The defence urged by Mr. Blunt Il, that the report
L. an account Of the proceedings OF public police
court and that there was 10 malice on the part OF the
dcfcndants in Publishing 1t.
Jas II Perkins. Of the proprictors Of the ODD
Fellows Hall deposed to the plaintiff having been in
his employ from May up to the 10th July last he
bar tender, and was engaged at $50 per mouth
there a complaint made TO witness about some
bottles told Oatman that tho porter complained that
be painD had soi some bottles out ef the cellar in
the morning. before the place open aud thai he
oaman) gave the porter two shillings to say nothing
about IL oatman said il ID lie and conspi-
racy Of the Irish help to get him out Of his place he
s1d he was under age, and he would make us pay his
money over again lac lett aud came for his wages;
told him he had put out of our power to settle with
him, but II he sent his guardian We would pay him
he then faid TO mo mir. Perkins. never did any
thing wrong, while In your employ, but sell those
bottles :" he fued us In some name could not make
out and swore we owed him $50. balance for wages at
$50 per month his lawyer afterwards settled the suit
with our lawyer for SO which all really owed
him and were always willing to pay.
Cross-e2aminec-lt was my brother made the CON-
psint against Ostman heard Of the bottles being
sold on the 10th July the complaint was not made
till the fore part Of August plaintiff sued for his
wsges Def, re the complaint was made against him.
Counsel having summed up at very great length the
Judge charged the jury it.ling them that IL Of
some Importance to remember that this WAS action
between the plaintiffs and the defendants and the con-
duet o; Mr. Perkins whether reprcheusible not-and
he did not mean to LAY Il washad nothing to do with
the present The libel planned OF contained
In report Of proceedings of police once. published
in tie Titun, it il not necessary to enquire whether
the defendants are justified in publishing It What
thu stat, ments there. the facts alleged at the
police Office il IL not necessary to ASCERTAIN Consider
ing case between the plaintiff and the defendants
Who are proprictors Of the TribHe, the facts come
within very narrow compass The counsel on both
sides have wandered very vide from the facts Of the
Gaze The history Of the transaction Is this-this
young man was employed as blr-kCppcr by Mr.. Per-
kius; short time after he VAS employed one Of the
yortert made municRtion to Mr. Perkins respect
ms the plaintiff selling bottles ami that he had
offered him or giyen HIN bride to say nothing about
49, In reply 20 this the young man when informed by
Mr Perkins Of the charge denied it In emphatic Ian.
gusge; he then lsft the employment snd Afterwards
sues them for bis wages ON the eth August the COM
plant was made at the police office aud the 10th
the report appeared In the Tfibune. Though IL had
been charged by counsel that Mr. Perkins furnished
the report to the paper the Judge said there not
particle Of evidence 90 show that SIR Perkins had
any agency In the transaction and the prcsum ption "a
a. stated In the def, ndant that furnish
ed by their reporter but the dendauts responsible
precisely as they had put tue article In thensevos
The defendants do not assume the strict responsibility
OF proving the charge 60 be true; but When
trial they are at liberty to prove that the facts so
and although u Il no Justification yet 10 ought 10
mitigate the damages whether the plaintiff Is en-.
titled TO recover at all, depends upon whether this
young man VAS proved 10 have been guilty OF the
felony charged against him. II appeared that he
made the admission that he had sold the bottles II
msy have been breach Of trust OF contrary to ORDERS
but 10 certainly does not up to an act uf felony
The jury would mark the Distinction which the Laws
allow between Justification aud that which the laws
allow IN mitigation Of damages 10 Is admitted that
there a,charge against the plaintiff for stealing
the bottles that be arrested aud LETT at The
Tombs and that certain proceedings took place Afer-
wards and the publications Of these Proceedings were
for ausht he CHE Judge) justi6sble but there is
remark in which IL Faid that the paintid has for.
feit,d his expectations In that tbs jury would see
that the dtftndants had gone much further than
giving report q the police Office proceedings
Amer some observations from plaintiffs counsel, the
Judge told The jury that the Law implies malice arays
when act j. done 10 iniure another but there IL
difference between implied malice aud expressed
malice.
II being r.st four O'Clock. the Judge ordered
scnh verdict
~, Tot, Frsoa, Proceedings have been commenced
IN this court by ~ r. willis. against Edein Forrest
for damages fer the recent assault and battery The
preliminary papers served yesterday, aud the UNI
dsftuking fled in the Cfce Of the Clerk Of the Supe