The New York herald., 1851-07-13
Brooklyn city COars.

AGAINST THE REPORTER OF THE NATIo sAL roaIcE
GAZETTE.
This case resumed on Friday morning. and the
lie Of examination, whish interrupted by the ad
raj charscterof plaintiff Upon this point the fol-
lowing p~rsens were called flames English, William
Hartshorn william Bcylap. Samuel O. Mott, Cornelius
Addison Oliver W. sturtevant James Decker Robert
L Crook a.. Coleman, John Patten Charles Fletcher
Abraham Van Wrinkle and Jacob Houghwout.
They all testified the preceding had done and
were successfully examined by Mr. schsier but
nothing elclted On Mott being questioned rs to
he hsd not heard that the plaintiff was what Is
termed in New York sporting man. the question was
objected to, coming within the Judges ruling OF the
day before, by which questions OF character as to
particular circumstances were excluded. The court
aimed the former ruling far as the principal issue
WAS concerned and would ouy allow general character
10 lie inquired into but where witness undertook to
say that he had heard nothing he might be asked
whether he had not heard any particular charge be-
il went to shake the testimony test the sccu
racy Of the witness. Upon this principle the examine
ton thenceforth conducted, but with the same
result. 49,
MI Fletcher stated he had heard anything
against the plaintiff, until the Of Capln was pre-
Cross examined by Mr. schaffer-Had heard that case;
did not recolect whether he was In attendance as
jury not but heard the case 1t did not excite
any Indignation. because his impression was that the
girl young IS she was. had been very we'll tutored
The examination Of these witnesses occupied consi
derabe time and before IL had concluded the Court n
terfercd saying that having established iad facts
case there was no necessity TO accumulate evidence
Mr. Clark had no wish to do so, but ii anything was
to call others.
Judge Greenwood-Certainly.
Mr.. Clark would then stop there.
Defendants counsel desired they might exhaust that
part Of the
The Court would no further interfere.
Mr. Clark would leave this in the discretion Of the
Court and would be controlled by the other side.
After hearing Mr Jacob Houghwout the Court ordered
the evidence this point to stop here lie felt 1t was
wasting the time Of the Court and jury.
Mr. Clark here proposed to read the libel in evidence
Defendants counsel objected that there was not pfd
facie of publication made out to enable them to
read it.
The Court thought there was The plesdings admit
ted that the defendant wrote md conf posed it, there
enough go to the jury to whether he did not
write it for publication aud whether it was not pub
lished with his consent.
The defendants counsel admitted all that part of the
alleged libel commencing with the affidavit but not tAe
Judge Greenwood-The proof is that he wrote and
published the article
Mr. Schsfer-They would take IT that he d write it.
Mr. wilkes responsible for the publication, 1t was
for him to say what should be published.
The Court ultimately ruled there was sufficient evi-
dence to admit the libel, which was accordingly read
in evidence.
Clark then proposed to read other articles from the
same paper to show the malice.
Judge Greenwood-fou must show they were written
by the defendant.
Mr. Ciark-We have shown enough to make him liable
for all purportiDg to BE- reports Of criminal trials And
he had thought first that he only the reporter but
there evidence to show that he an editor; AID
the editor Of any paper il liable for all that ap-
in the paper from that Of the most respectable to
the obscene Where were engaged in nefsrious
III
son liable and Wilkes had been sued for this libel he
would probably be prepared to show he had nothing to
do with It. They were all Liable ana ne proposed
that might he set up that there was no malice by show
ing that long after the plaintiff had proceeded libel upon
hbd had been heaped upon him.
The Court did think the at present warranted
reading the other articles and Lexow might not be the
reporter They had shown that one Stanley was also
MIR Clark contended that Wilkes, Stanley and Lexow
all concerned and Jointly and severay Liable
TbaE Eltrt~a he wag sloygnt 10 he "A reDO
porter not ecitois
Mr. Clark said il in evidence that he wrote, re-
ported condensed and translated for the paper and he
thought that const edtorone who had control
of the columus-and he offered TO read the articles
pull during the period testified to- Crhe articles
alluded TO were ruled out and exception noted
The plaintiff would then show that Lexow had sued
Mr. Ruckman and recovered verdict icr siaoo Tor an
assault The proof was reavent as showing the means
OF ths def ndan 1t then conceded by both sides that
verdict had been obtained, but that case had been
made for trial aud the matter remained unsettled
The for the plaintiff here rested and the counsel
for the defendant spenei the defence after which the
eour; took recess.
William G. Barrett called and examined for the de-
fence Was lawyer; knew the plaintiff and George
Special Sessions. which had before Recorder Tai
madge and two Aldermen The papers produced were IN
his handwriting: could not recoec whether they were
used the trial did not know where Mr. Capln was at
the time. (Objected to-
Counsel for defendant offered to show that the charge
contained in their opening. viz-that Mr. Capin was
defautsr 10 Mr. Ruckman and got up this prosecution
false.
By tie Court-There is no such question before the
Csurt-aie you goirg to disprove counsels opening
witness was the counsel employed by Mr. Ca plin the
father Of the girl to prosecute Mr. Rucknan the trial
took Slace about IL O'clock had no record or minutes
Of 1t.
Counsel for defendant then asked the witness whether
he had not made the Offer set out in the alleged libel
Mr. Clark said he would not object to the question,
though IL bad been ruled out.
The Judge thought II was quite irrelevant; they had
nothing to do in this action with the truth or aehood
Of that sdav-but If objection was waived they might
Question put witness-I did not make that Offer;
had to much respect for the Court and myself
cospse for dtfendant-Did you make any other offer,
OF TO that effect
MIR. Clark objected to his cross examining his
witness 10 his aving thing but the direct
he might have made to any other Offer.
The Judge said his view that they had nothing TO
Counsel for defendant said he thought too but he
had justified IL in his answer for safety and that
was the opinion Of the Court he would ask to strike such
The Court said there was necessity; it might be
taken ~ supeinuous
The subject dropped. and witness continued lie
not acquainted with Mr. Ruckmans general character;
had known him about year and no longer only3siuce
this Transaction.
Crcs.-ezanined by Mr Clsrk-ysver knew Mr. Lexow
Till 20 day; Mr. Capn was agent for Mr. Ruckmau In
citing rent Mr. Ruckman being trustee OF an estate
Mr Jemss Brady was Mr.. guekmsn's lawyer at that
Re-examircd-Believed Nr Brady now in Europe;
had letter written by him, and mailed from Lon
don.
Q-Wby ives SIR Brady not present at the trial in the
Special Sessions p, (0fjected to.)
Council for d frndsnt wshei to show that Mr. Brady
had thrown up the:osuse (A ruled out Papers banded
up) Whress ATTENDED preliminary examination before
the MAGISTRATE. Justice Lo'hrop.
V.-W.re those papers used
Mir Clark Objected 20 evidence of preceding before
Justice Lo,hrnJ. aud Il was ruled out
Justice n. v. Aountfort csled-Resided at 81 East
Tyepty.u veuth street New York In August aud Sep
enbr. 1919 police justice; hie Office was n Essex
market: krrw Jla'It by siyht: could not hId the sf
hdar made 10y him In May. lN0 should think the copy
ct cut Iva the libel true copy. upon that he issued
ggainst wilkes at that time he holding
count at Centre street the Ialir q Justice aud was
ffarsrrtl 20 EsseN market hpry after sartf. where
The eNbu.psiou took place; MIR Wilkss attends, at the
Nal. q in t!ce aud d,ulandri hearing; dsv was
hNtl ara ~ ,Aow appeattd "a tsf,x market ~itD,si
slhvri Nm 90 dc n. 81 Il vae only msdemeanor; lie
reduces ~ writing ~ he deemed material not 81. ti,t
was .aij ,1d drue: h had alta I'D those minute IN me
original fAdavit and last thor the DAY e ths