The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-02-14

o. Roberts, Benjamin H. Jarvis, Frederick A. \
Coe, John 4. Austen, Charles p. DAILY, William H.
appleton, William J Aoppin, Eysrt A, Dayshink,
Efastus =: Benedict, Henry Raymond, William
b Dean, George w. Austen, George Curtis, VIM.
A. Butler, Charles II. Russell, George Tredwell,
John L. Ridner, and Nathaniel Jarvis, Jr, aud
meant and intended that it should be 50 understood
by the members Of said association, and by tho
community at large. And the jurors aforesaid,
upon their oath aforesaid do further present, thai
before the printing and publishing the said false,
scandalous, and malicious libel hereinafter men-
TONED, very many persons, 10 wit:-John Thomas,
Thomas w. MARSHALL, David w. Price, Peter
Cumming, John M. Clark, James Vandervoort,
and great many other persons, became, and were
hundred and hty- one, subscribers to, and members
of, the said association, and paid at least FIVE dol
lars each to the funds of said association, for the
said year one thousand eight hundred and fifty
one and rs such members were severally and 70.
spectvely entitled to all the privileges Of member
ship for the said year one thousand eight hundred
and fifty one, pursuant TO said acts Of the Legisla
ture, and constitution and by. laws, and, among
other things were SO severally and respectively
entitled each TO distributve share of fne en-
cravings, or other works OF American art, and to
distribution, by lot, OF other Amer i,aa works Of
art principally paintngs), and that by the sub.
scriptions and payment above mentioned very
large sum OF money, to wit, the sum of fifty thou
sand dollars and rising, came into the hands Of
the said George W. Austen, as Treasurer Of the
said association, aid under the direction, regulation
and control of tho said Robert Kelly, Abraham M.
Cozzens, Andrew Warner, Marshall o. Roberts,
Benjamin IL. Jarvis, Frederick A. Coe, John II.
Austen, Charles r DAILY, William IL. Appleton,
William J Hoppin, Evert A. Duyckink, Era tus
G. Benedict, Henry Raymond, William B. Dean,
George w. Austen, George Curtis, William A.
Butler, Charles ii Russell, George Tredwell, John
T. Ridner, and Nathaniel Jarvis, jr., the COM
mittee OF mana aforesaid, for the benefit Of
the institution, TO be dsbursed by hm, the said
George w. Austen, Treasurer, as should be directed
by the said committee of management and execu-
tive committee, on proper vouchers, to BIO certified
by said executive committee, for the purpose of
bemg applied (among other things) to the purchase
OF fine engravipgs and paintings, to be distributed
at the annual meeting of the said association for
the said year one thousand eight hundred and fifty
one among all the members of the said association
Tor that year. as hereinbefore stated and set forth
And the jurors aforesaid, upon their oath aforesaid
do further present that James Gordon Bennett, late
OF the Second ward eff the city of New ork editor
and publisher, well knowing the premises, being a
person of a 6epraved and wicked mind and Of
malicious temper and disposition, disregardng and
despising the laws OF this State, and most uaaw-
fully wickedly, maliciously and deliberately devis
ing, contrivirg, and intending raduce, vilhfy and
bring into public scandal, co. lnpt, ridicue, and
detestaton, the SAID Robert Kelly, Abraham NJ
CozsenS, Andrew Warner, Marshall 0. Roberts,
Austen, Charles L. DAILY, William III. Appleton,
William j. Hoppin, Evert A Duyckink, Erastus
Q. Benedict, Henry J Raymond, William B. Dean,
George " Austen, George Curtis. William A.
z. Kidner, and Nathaniel Jarvis, Jr.; and to ius-
nuate, and, as far as in him, the said James
Gordon Bennett, lay, to cause it to be believed
that the said Robert Kelly. Abraham M Cozsens,
II. Jarvis, Frederick A. Coe, John H. Austen,
Charles p. DAILY, William II Appleton, William
j. Hoppin. Evert A. Duyokink, Erastus c. Bone
dSt, Henry J. Raymond, William B Dean, George
W. Austen, George Curtis, William A. Butler,
Charles II. Russoll, George Tredwell John p.
Ridner, and Nathaniel Jarvis, jr., were corrupt,
dishonest, and unfaithful, and unfit persons to be
members Of the said committee of management of
honestly, unfathfully, and 1nlawfully misapplied
the funds of the said association, and diverted
them to other than the legitimate, lawful and au-
hold the said Robert Kelly, Abraham M. Uozzens,
Andrew Warner, Marshall o. Roberts, Benjamin
H. Jarvis, Frederick A. Coo, John II. Austen,
Cherries T paly, William H. Appleton, William
diet, Henry J. Raymond, William B Dean,
George w. Austen, George Curtis, William A.
Butler, Charles II Russell, George Tired veil, John
Z. Ridner, and Nathaniel Jarvis, jr., up to public
ridicuie, scorn and detestaton, and to bring them
into contempt and disgrace, on the first day Of
January, in tho year one thousand eight hundred
and htty.two, with force and arms at the said Sc
cond ward, in the city Of New York, in the coun-
ty of New York, unlawfully, wickedly, and mali
ciously did print and publish, and caused to be
printed and published, in certain ne wspaper,
titled the NEw YORK HERALD, OF, and concerning
VI.
drew Warner, Marshall 0. Roberts, Benjamin Ii
J arvs, Frederick A. Coe, John II Austen Charles
Z DAILY, William II. Appleton, William J Hoppin,
Evert A. Duyckink, Erastus Z. Benedict, Henry
Austen, George Curtis, William A.. Butler,
Charles H. Russell, George Tredwel, John
p. Rdner, and Nathaniel Jarvis Jr., being
such mem oers Of said committee of management,
and directors in fact, Of the said association,
aforesaid, and of and concerning their acts and do
ings as such committee of management and di
rectors, as aforesaid, certain false soandalous,
u aicious and defamatory libel, entitled, The Art
Union Lottery Distribution Postp oned," in which
said libel, in one part thereof contained divers
false scand alous and malicious matters, of and con-
corning the said Robert Kelly, Abraham M. Coz
zens, Andrew Warner, Marshall Q. Roberts, Ben
jamin II. Jarvis, Frederick A. Coe, John Ii. Aus
ten, Charles P. DAILY, William II. Appleton, VIII
liam J. uoppin, Evert A. Duyckpk, Erastus c.
Benedict Henry ]. Raymond, William B. Dean,
George w. Austen, George Curtis, William A.
Butler, Charles II. Russell, George Trcdwell, John
p. Ridner, and Nathaniel Jarvis, Jr., and of and
concerning their acts and doings such committee
OF mana cement and directors, in fact ofthe affairs
Of said incorporated association, called The Amo-
rican Art Union" in substance, and to the effect
following We (mearing the said James Gordon
Bennett perceive that the distribution Of the Art
Union paintings (meanpg the paintings which, ac
cording 10 the SAID a,ts Of tne Legislature and tho
aforesaid constitution ard bylaws, were to be dis
tributed among the members Of said association
by lot. at their annual meeting in December, egh-
teen hundred and fftyore) Is indefinitely postponed.
We (mearing ihe sad James Gordea Benus.O arc
net az al surprised al this movement. The direc-
to7s (neanirg the said Robert Kelly, Abraham IA.
Cozzens, Andrew Warner, Marshall q. Roberts,
Benjamin H. Jarvis, Frederick a. Gee, John II.
Austen, Charles Daily, william Il: Appleton,
VII lam j. HopPin, Eyert a Duyckink, Ersssus
g. Benedict, Henry ], Raymond, William !. Dean,
George W. Austen, George Curtis, William A.
Butler, Charles ii Russell, George Tredwell, John
= Ricncr, and Nathaniel Jarvis, Jr say they are
short " fuuds, although they (meauirg the said
Robert Kelly, Abraham NJ Cozzcns, Andrew War
rcf. MARSHALL o. Roberts, Benjamin II Jarvis,
tc8cick 4. Coo, John X. Austen, Charles Z.
aiy. William II. Appleton, William J Hoppin,
GFtrf q DlyckiHk, Eras.us q. Benedict, Henry
Ratrord, WIliam h. Dean. George W. Aus
t0a Gccrgc Curtif. william a. Butler Charles II.
EuseH, George Tredwell, John p. Ridner, aud
s..- Liei IaryiT, Jun , have resolved within the
la.t year .Gi 92o (sixty thousand nine hundred
30 twenty dol4rs. meaniag), by their own show
ne, they Gre taid Robert Kelly, Abraham M. Cor
zCue. ArorCw Warner. Marshall @. Roberts, Ben