New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-10-09

INV NlSff'.-- ~ AiufESA s'ffOt-
u,lh.' dedicated 10 Commodore John c. Stevens,
composed BY VIM. DRESSER. THIS piece has draw
y, OF the Yacht America. " The Parodi Naks'ka.%
~ Stauu- VI Alt7 by =. Brown. Published ,, Nm.
Hall : son, No. 29Y Broadway.
SUPERIOR CouRT-Beforc Judge Daer.
-Efrur Matthews Az. Beach. Brothers SUM for al
ll scc lrci IA tle oio"ng afc.e, published, It was
SAID I'm Tn SIN OF June .. 1850 10y defense SAID %
have been 50 IN the Police intelligence.
An assault vas committed last Tuesday night On
arcspcctahlcmau namcf Peter \. Nor>cly, IN Broad
way. 0v two cmiCrsnt runners named Adams and
Matthews who knocked INN GOWN ana grossly mai
uCaict hIm Ise Quslrei, Z IS represented, Origins
ted bv Mr. Horsolv asking the fellows to refund mo-
IeN tna haC been paO 20 them Oy some OF his trends
lor worthless steamboat tickets The complainant
appeared tefOre Justice Lothrop. az the TombS, and
stated Tie circumstances bus the Justice refused 10
issue warrant PROCEEDINGS were thea entered Ia
to before the Mayor. and means taken to bring the
off nCers to justice
The Jamaees were laid at $1,000
Ire answe among other points. set forth that they
(cefCncanisl published an article IN the words set
!oIth IN tho complaint IN good faith. believing II %
be true. ard because they believed II contained in
formation which IT was important for the pubic Ia
know, anu Is the report Of proceedings which took
place before Justice Lothro2 as one of the Police
Justices.
Something having been SAID about the pleadmss.
and n q whether plaintiff the party referred 10.
Jucse Duer sand II has been held by the General
Term OF tins Court, topnlon delivered by Judge
Il
the afidavitS or the spirit OF them. on complaints
made al the Police Officeor If dong so, that they
are amenable 10 suits for libel Il the complaint and
aidaYltS are nottrue tie considered that the plead
Ings admitted the publication and n. The Jury consider
the plaintiff 90 have been entitled to damages, the
amount OF which viii bee forthe Jury TO say.
p ". AdGmiS testified 10 keepng an Office IN Court
landt. =. WAS connected with plaintiff the foi
warJlrg Of Teight> and passenger business IN June.
1850 when dissolved he has since been engaged IN
same business went 10 The sun Office after the pub
with Mr. Nl IA Ia. far no N ls
proprle tors and saw a gentleman VINO stated hun
self Ia be Mr., VI. pointed ont the article and
stated that Il was untrue tom bcennlng 10 end, and
asked the proprietor to correct It, wao said he
would.
On erogisaf,on, witness SAID his firm was p.
". Adams & Co. Mr. NJ. was nus PARTNER hih
difficulty on one occa>iOn WITH Mr. HOrScy, which
resulted IN some proceedings against me anu also
against Mr.. Matthews II. complained of us before
Justice LOihrOp We had dissolved before ho publ
cation o. the artIco were not emigrsnt passenger
runners ourselves, but employed runners hrst saw
Nh. ll0rSey IA June DO not know whether AT the
Troy dock. per O., o. or Office he came TO me and
sand he had TWO tickets signed by me which bad been
uurChased hN some tftIos of has. and hat been re
fused I tod him they had NOT beeu. he wished me
10 give HIM the money they were t~o-ycar old
tickets. and offered hm 80 cents apiece iOf them
but ne said bad hetn pad dollar piece for them,
and refused 10 take - the man at the steamboat Of
nee on inquiry of HIM. SAID they had never refused
them. \ was the steamboat Empire for Albany and
Troy was authorize ~ David Hamilton, agent, AZ
and other CAPTAINS. 81 issue the tickets pad them
30 cents PASSENGER ana SOLD the tickets for 81 each
when would not pay HIM the sane went away tao
or three weeks aferward came up Broadway, OPP
poste Park-p place, when saw Mr.. H. and he wished
me L. redeem these tickets, 1 told HIM would re-
deem them fof what agreed, not more he told me
| was no gentleman, and replied that did not con-
slider HIM one / ultimately pulled hts nose Mat
'hews was not with me thfn ! saw han afCr hat
pulled the mans nose and had LEFT HIM Matthew's
Id Inn II was moi right 10 make a muss there he
ana VI had no hght at all all not knock Al down,
nor did he slip down.
yusice LothroD swom-There was complaint
made before me --ih June, 1850. by Mr. II. against
McSsrS NJ. and A, two or three days before TIA, Nj
H. applied to me to have a warrant ag ainst them
he said that Adams had assaulted him AMI that
Matthews present, assisting hlm IN the assault
he SAID there had been some difficulty he said thev
lad sold some tickets 10 hin or 10 some OF his
iencs that were worthless, and he hal called upon
them. opposite PaTk-pAcc - refund II do not
know thar he SAID be hid Knocked them down, but
had used violence l was much engaged, and told
him. as ] usually 90 IN such cases, to BRING some
person who present, as a witness 20 the trans
action, AID he LEFT, offended apparently, That he
should be required to onhs witness ne said ne
would appeal to the Mayor, and the Mayor cane
20 SEE ne Mr.. H. subsequently, came M, dad
the WaTran, was issue Mcssrs. \. and a. were ar
rested. or came up tAem.el.os Tho matter has ne
yer been finally actCc upon, the defendants de
manfcd heaung. but tlo parties ceTer met for "A
hearing. and there has never been ANY further ac-
ton the affidavit made by B. r. II. saw some time
Ire once. OUT 10 li itfOut inNfdlus
stance IS as has been stated that he was assaulted
b, A and n. present, aiding, &c.
Sir. VI :. Beach was called boy plaintiff, aud stated
average publication. Did not know ether ~ ina
parties.
The case here rested.
Blr Jas T. Brady, one II the counsel for defense.
in ming up said the plaintiff has not alleged or
shown that he sustained any Injury % hls business
Defendants deny on information and belief that the
Article was ligel but that i was statement OF
what occurred Il the Pole Office. The Court has
ruled that that IS 40 tcitnse and that YOU VIII ac-
corcnolV give some damages. The article y shown.
in t. material points t. have been as appeared aI
Tie Police Office. ana although the Court mly tech
ncally consider that IL is lot justified bN that circum
stance u IS for the jury 20 see Tie position OF the
matter and il is to be hoped u VIII be long while
before jury will punish the editors OF newspaper
for giving 10 It's readers knowledge OF events As
they Jdnspne, and ihey VIII give put nominal YER
dict. In regard 70 this passenger runner Duslness
* notorious " hat deep frauds have been cOInmtted
on every poor cmigfani they could get hoid o. many
If " HON have been hce,ed Of their last dollar Inc
Press universally raised us voice ag nst H. ana TIE
system mad become SO oppressive 20 the emigr1nt as
70 require the Legislature. with we" IN some
measure to remedy the grievance, 10 esttDiiSh the
present Board Of Commissioners OF Emigration
There mailce on The put Of The publishers Oh
the paper toward the plaintiff The article was
handed 70 the Office by the Police reporter, and IL
was inserted as transaction at the PONce M ID
G, Intended u was case merely for nominal damages
Mr. VIM. 4. Allen Zone Of the counsel for PLAN
tiff alluded, usual, 10 press being held 10 suict
account. II was the duty on The publishers 10 nave
incurred 20 the truth Of Hhat they puDlished MI
NJ Is held I'd a. a passo oyer runner, the bad repu-
taiion of which is known. There is no evidence
that It was police report but Mr.. II might have
gore 70 the Office and told II, and they pubnshed H.
10 malice IL IS not necessary 10 show anger nav
lng published WRONG article IS malice IN the eye Of
me law Mr. 4 referred 70 the circulation OF The
Stfq ard tie eject Of the article. lie coniended II
was case for large damages.
JUDGE Deer IN his charge, sad he agreed It was
desirable 20 nave free press, but the only way 10
have Il 50, IS 70 punish us cenii0usness. paper
has 10 right 10 publish a statement without inquiry
whether II is true OF not But this is not altogether
what occurred at ne Police Office, but the FIRST part
is matter fact II says they were passenger run
ners. ard Knocked The man down. That winch
sueaks rs from the Police Office, as 20 the cause OF
the quarrel &c IS correctly stated. As to malice,
II the publication injured VI. W., The law mpiIes an
intention 10 njure him They were bound 70 inquire
into the facts They must have known the puoilca-
ton would inure Mr. NJ. and they I'D not know but
irreparaby iajure him. There was another thing.