The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-15

broken his contrast with said P1oo or incurrng that
plaintiff had hbslsd said TraH Ct Philadslphab aud
With he publ. before said op.rs :s. a y
xoun cheat the :uSbss thereto oo q ak o.
| seven thousand dolArs."
Thatths language complained Of in the second libel
disputed testimony In the cause relating to the subjects
embraced in IT. does not sntits the plaintiff to
g. The article cot forth the third alleged libel relates
entirely to the conduct qualities and OF tbs plain
exhibited them to the public and that the pu sleation
Of this article under the facts appearing in this CASE
tn: fourth alleged ns.i set forth /. the complaint
relates 70 the qualities acts conduct and position of the
plaintiff in his public stu.tion a. the manager Of the
not entitls The plaintiff to recover - ''''' N'''
That the inusndo (meanDg that plaintiff had put
nsy raised the orssd for 's an NO
season Of ay nghts and the inusndo. (@saning tina.
cheat them out of their salares,) and the inusndo
(mesnng that plaintiff had failed In busns opers
seasons and the nusndo (meaning to insnuate and
not fulfil his business enesgement and insolveut
ana unable go to do and the nusndo, (meaning that
appropristns other S.opss %onsy to
hoch suppers In Philadelphia, and would do the sams
thing In New York. unless deferred thsrefrom by said
(meanng plaintiff had agreed 70 deposit security for
the salaries OF artists In his employ and had broken
the isue.do, (meaniDg that plaintiff would retire from
business obscurty owing to his and
fraud alleged in the fourth alleged libel not,
in said alleged libel
o. The eth alleged libel does not contain any Language
for the publication of which the plaintiff is entitled to
recover.
10 The inuendo In the fifth alleged libel, (m.anug
business obligations OF plaintiff not warranted by the
H. The inuendo in the seventh alleged libel (msaning
that plaintiff was about to become frsudu,ent bankrupt
ana would cheat the subscribers DO said
fifty nights out OF soo0 ia not warranted by the Ian
| gusge of the publication.
L. The seventh alleged libel does not contain any Ian
luage the publication of which entities the plaintiff to
ID The eighth alleged libel does not contain suy SIAN
derouf mputstons upon the business chAra :ter OF
| plaintiff
ID The usndo in the ninth alleged libel I'm ming
that plaintiff con rary to his business Obligations had
nir.ppopiaed So 90 for the purchase of the
Venice TO be exhibited at the Aston place opera heuss
instead Of operatc representations which agreed
to gve is not warranted by the language Of that publ
cation.
16Ths ninth alleged libel does not contain any libel
lcus impu'ation the business of the ainti or his
character as the manager thereof
1sTke tenth alleged lisel does not contain any libel
loss mputaion upon the Plaintiffs business or his con-
duct as the manager of the Italian opera
1.-THE publication of the tenth alleged libel was war
rantsd by the facts appearing In evidence and the plain
tiff has established to recover for that pubca ton
ls-Ihe eleventh alleged libel does not contain any
bellous imputation upon the plaintiffs character
l91he publication Of the eleventh alleged libel was
warranted BY the facts appearing in evidence and the
2o-The inuendo in twelfth alleged Moel (mesnng that
the male chorus singers Of said opera pany
posed Of enoEsnt %Srthlass and degraded young
were paid for their services by the free tickets I'd
sion for their ale friends al ssch repre- entatians Of
Italian opera during the soresadj is not war.
ranted by the language of ID at pu bl:aton
2l-The publication OF the first paragraph of the
twelfth ae ed libel ending with the chorus
singers" warranted BY the facts appearing Ia svi.
eenee ard plaintiff is rot entitled to recover therefor
2The last paragraph Of the twelfth alleged ibsl COM
r We riaho no
does not contain any beous imputation upon
the business OF the plaintiff as the of the Italian
ton 0''""
2SThe publication of the said last paragraph of the
twelfth alleged libel was warranted by the facts appear.
Ing In evidence and the plaintiff entitled to recover
therefor.
24-Thtre is complaint the part o. the plaintiff
aIy attack upon his private character Of any pub
hcaion which relates to him in any other character
capacity than his situation q manager Of the Italian
opera company and his qualities and such
26. As the conductor and manager OF italian opera
company while engaged In making public representa-.
tons, the personal qualities of the plaintiff that sta
ten his pubic appearances before hi, audiences
hl.d to witness them, and his treatment Of and official
relations to- his artists, all lawful subjects of
nent and criticisms, every Individual had right to fern
and BY speech or By writing his opinions in rea
2e That if the jury shall believe that the remarks msde
in ths HERALD, which planned Of published
win an honest belief in their truth, fer the file
purpose OF commenting the conduct aud qualtes Of
the psin az such manager of the opera, ihsr publ
cation by the defend ant is excused the law whether
they in truth in poiut of fact or be in a. in
point OF commentary or not in such il il lawful
to employ satire and ridcue well and argu-
rent.
o. That il the jury believe that thu matters Of fact
contabed IN the seve al articles complained OF sab
san'iay true the defendant not entitled recover
Is u the jury shall End that any IF the articles
compsine OF not In matters Of fact strictly cor
rect then the jury will determine whether the portions
net owed to be true we're published by the defendant
under The belief that they and with
grounds for such beethat this Affects the question
damages.
THE LAST DAY.
The Court was crowded this morning (Dsc. 14) with
numbers Of citizens al xious to hear Judge OAklsys
charge in this Interesting case. He taid =
THE JUDGES CHARGE.
will proceed, gentlemen, very briefly to submit this
for your decision and In doing So shall not 20 into
any general discussion examination Of the
evidence 1t las been very voluminous and great deal
of 1t very mnatsa Much of 1t has also been taken In
the ehaye Of eeposons, which, matter Of course,
would be loose and should really apprshend that If
should undertake to go liz detail might do injus
tice to side the other must therefore, induly in
few ref ctons upon the testimony but pro;esd stats
to you the truthA Of law which should govern you
This action, you will observe, brought by Fry
against Bennett the Fublishsr Of the HERALD series
Of libels-the number of which, contained in the
Plaintiffs complsint, is twelve. One OF these which Is
rark ed the sixth ia this book wi sh shsl give you
At the Inclusion Of remn ks out of this for the
present. Win repscJ to the tixta bel the defendant
has interposeG emurrer which Is that the libel iisef
is no libel en- its face, and that therefore, it gives
Of action In respect tn the Others they
consist of series OF publics tons 10 relation 70
the plaintiff Mir Fry, aud his management OF the
ALLAN Opera ~ Aston place and in relation to his deal
hgs with his artists ard employes-persons whom ne
had engaged TO serve him in business Perhaps these
alleged Ebe may be divided into these
which relate to observations upon the Mr.
Fry generally Of the aud tho which charge him
with miscond uct-witb harsh and uo haoe conduct
in relation to Individuals whom 10 hal ploy ei
cis females who ha4 contra sted with him
hif 10 the performance of Italian Opera The
fact that these articles inserted Mr Benefits
Taper led and tha he Is responsible for their
insertion, whether he was personally the author
cf them not 1t that tbsse puolics
tons have been taken from extended publ.
cations which bsvs been read before you 1t
they should be- In that the jury might whsther
tbe part which in these instances selected as
belIous, was libeous whole fo- part may be n
libel when the whole taken together may BE- harmless