The New York herald., 1850-09-17

or comments upon the charges against the persons
spoken of Al folio sixty tive lo5j asd sixty sx (o6)
OF the answer, were pa ,ahed by the Defendant as
therein alleged, or whai state ments or eonmenta
the defendant means Ia refer to- the same not being
specified therein That it the different alleged ex-
tracts from publications in the National Police
Gazette, set forth in the answer, are allowed as
evidence on the Trial the plaintiff will produce the
several plumbers of The paper referred to, and insist
upon reading the whole Of the publications, and
also all publications upon the subject in that paper,
Gf so advised), and the different causes or matters
giving rise to them; and he will further claim the
right to prove that all facts stated in them are true,
or were believed or supposed, or that there was
reasonable ground for wing or supposing them
to be true, at the time of publication, and that
whatever comments were indulgrd in, were war
ranted by the facts. were such as fell within the
range OF legi innate comment That as 10 the effect
or meaning OF the publication last referred to- the
plaintiff has not sufficient knowledge to form be
lief being advised that under legal Instructions
from the court, their effect and meaning are ques-
ons CT fact for the decision of jury and he there
fore, IN relation TO this, puts himself upon the Juds-
Ninh-That the defendant has, almost ever
since the conduct and course of the plaintiff, in re-
lation and leading to the arrest OF the Drurys was
known advocated them, directly or indirectly, in the
columns OF his paper, mpsaching the motives OF all
concerned in their arrest, and even OF the authori
ties and those acting in concert with, or under
them, in the discharge OF duties they were required
TO perform; and that he has tried in every way,
through the publication OF matters which were ut
terly untrue, TO prejudice and incense the public
against those concerned in, or connected with, the
tn. prosecution and partcul irly against the plain
titi,-that the articles referred 20 in the answer
written by the plaintiff were Intended to meet these
attempts on the part of the dee ndan, and to vndi-
cate especially the plaintiff 3 participation in what
Is generally known 10 the community as the "Drury
Cases" or "Drury Matters that the plaiatiff
will Calm the night to prove these facts on the
trial.
Ifnth-That the libel was not written by Dar-
lngton to serve the ends of justice, for the fur
ther or other purposes fully and untruy stated in
the answer; and that the defendant did not publish
1t as an item of public news, and with the view and
intent and for the purposes therein fully untruly
alleged; and that the defendant did not believe il to
be true, and publish it in consequence of or enter
talnng that belief, and as an item of public news
and not otherwise, and not with any malicious or
vpdictive motive, nor for or without any unworthy
or improper intent motive whatsoever as therein
fully and untruy alleged
Eeremth-That the defendant is common libel
sr and that he published the libel in that spirit;
and so the plaintiff will claim the right to prove on
the trial.
Iirafh-That the matters set forth between the
last mentioned folios; constitute no defence in bar
Of the action, and the ground on which they are
offered, not being stated in the answer, the plaintiff
will insist, on the trial, that they cannot be re-
ceived in evidence.
1huteenh-That everything in the answer con-
tanned, inconsistent with or opposed TO the allega
ons herein, is untrue, and the plaintiff claims the
benefit of this a general denial.
FoSrtesath-He objects TO the answer, thirst, that
the pretended defences are not separately stated,
nor can they be intelligby distinguished; second,
that the grounds on which they are interposed,
whether in justification mitigation, in bar of the
action or otherwise, are not stated third, that
they are not defences available in defence and
he claims the same benefit from these several OBJ
jections as il he had demurred to the answer.
JNo. GRAHAM. Atty. for Plff.
CITY and County Of Nsw- York, IS George
Wilkes the plaintiff in the above action, being du-
ly affirmed, doth say, that he has heard read the
foregoing reply, and knows the contents thereof,
and that the same is true of his own knowledge,
except as TO the matters which are therein stated
TO he on his information and belief; and to those
matters he believes il 10 be true.
Affirmed before me,} GEORGE WILKES.
August 10Th, 1850.
RRBERr ID. HOLMES, Com'r. Of Deeds.