The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-03-17

THE EVENING MIRROR.
MARCH l6-Ed,ciS Forrest Hiram Fuller.-This was
action brought by Mr. Forrest the celebrated TRACE
dian, against the proprietor Of the Evening Mirror
paper for the publication Of false scandalons, mali
cous and defamstory article, published in the Mirror
en- I'd August, 1851, and copied from the s. Louis Repe.
The article in question in very strong terms
Mr. Forests temperance the stage and called
the audience to give unmtakabe evidence of their
tempt for him. &s The complainant alleges that the de-
PENDANT republshed the article with the intent to nure
him, and bring him into public disgrace and Laws his
damages at $4,000 For the defendant, Mr. Richard
Busted admits the publication but denies the malice
He alleges that in the management Of newspaper,
it Is necessary for the defendant to employ q mum
Der OF persons to assist him, among whom are
sub editors, who have the charge of selecting from
other newspapers and various sources, articles
and items Of news; that the selection is entirely
entrusted to them and that the defendant who conducts
only the editorial department of the Mirror 10 many
does not the articles selected until after they
printed and published in the daily issue of his paper
that the article complained Of BY the plaintiff was Sc
the defendants knowledge consent and not
by him until after the publication Of the paper in which
Mr.. Forrest was in court as was also the defendant.
After objection made by the defendant to two jurors
the following we're srapanneled
Jacob Southart, Adolph Adams,
John Cuyler, VIM. J. Coles
Samuel Stiles, Abraham Harris,
Patrick Brennan, Edwin Clark
David Wood, Edw. Blackford
Counsel for plaintiff opened the case to the jury Mr.
Edwin Forrest the plaintiff he said an artist Of
great celebrity, whose fame is familiar to them all. He
is American by brthan American in feeling, and
ler the proprietor Of paper known the Evening Mirror
that previous TO August, 1851, Mr. Fuller cher.
ished the deepest hostility to Mr. Forrest and seized
opportunity to malign him. and not only endeayored
destroy his character as map, but his prospects
artist. In 1851, Mr. Fuller having exhausted his own
% os tina. Of AND
paper as ar on as missouri Inc then proceeded
to read the libel in question and to characterize It as
thomas Barry was the first witness called and deposed
- reside IN New York ! am stage manager OF the
Broadway theatre know Mr. Forrest know Mr. Fuller
nave known MT Forrest up wards 81 hve-and wenty
years and MI Fuller some ten or twelve years. Mr. For
rests procession Is tnat OF an actor as an actor he &C.
cuI e. tn tne nrs' position sasa a..
hignest eminence.
witness continued-it was matter OF general noto-
rety IN August le5l that Mr. forrest was about to re-
appear on the stage; think his acting had been sus
pended for more than twelve MONTHS it was understood
ha ne contemplated hrst appearing A. the Broadway
IN ms city knew It -FOUR months before August OIL,
put u was publicly spoken OF In June
oy Mr busteed[N Is part Of nay duty
TO employ to appear on those boards the lessee
Mt marshall ana mysen perform that duty; Mr.. T. A.
marshall was lessee In August 1901 and prior thereto
my terms OF acquaintance with Mr. Forrest have been
.hs VI slea. iu.Fnsaey or many years. con know
tnat rang as one OF lhs close trends; presume Nr
Marsha Is and has been on terms Of great intimacy
snoec. OF Mr. Forrest among some theat-
real people, and some few OF the patrons of the theatre
went to Europe on the second Of July 1851 for know
was AZ sea on the iourtn Don't know WHERE Mr. For
rest WAS w1ep leIt New YORK returned on the lZth
OF August having ieft Liverpool on the "a; saw Mr.
Forrest shortly after Mr. Forrest was engaged and ap
peared at the Broadway theatre about the middle Of Sep
TENDER, 1901; MI. Marshall made that engagement with
MIN alone It must have been made either in March, or
prior 10 March, 1901 U Had your attention been called
70 the article IN question prior to the engagement of Mr.
Forrest A. resided in Boston up to June, and had
but little opportunity of seeing the New York papers
The question was repeated, and counsel for plaintiff OBJ
jected TO it.
, Mr.. busted commended that he had right to show
that the publication of this alleged libel in way
affected injured Mr.. Forrest; that Mr. Marshall still
employed him. and that the audiences were more nu-
meTous than ever and the welcome which he received
most unbounded in Its enthusiasm
The Court ruled against the question and Mr. Busted
excepted.
Witness continued-The audiences were large durng
Mr. Forests engagement which lasted for fortnight
the audiences continued large to its close he
in about months after: that engagement lasted one
week.
1t was here admitted that Mr. Forests engagements
most successful that he was playing to crowded
houses at the present time.
Counsel plaintiff offered several copies of the Mirror
for the purpose Of showing the malice of Mr. Fuller to-
wards Mr. Forrest The dates of tho panere werc f-on