The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-20

ton is also reasonable II the owner Is sworn to
such questions should be put to him. and should
or three times much for his property he proposed
to valne It, that he would not sell II for two or three
times much that his neighbour lands on each side q
him were no better than his and that he would give
for their ands than his valuation Of his own and
that they been recently bought and sold for much
MORE he answered thus to any part Of the sxAmin
alton, he probably would refrain from sustaining his
first valuation Of his own property By positive afnda
Wit. The Legislature meant thus to shield the pubis
from the thoughticsa incor6fderAte estmate OF
owner Whether the act Of 1851, Oh 176, being in
uri ndtiaa and Of general nature, does not BY imp
cation now prevent me amoavis sna sxamna.on rom
tain the valuations of the assessors Ia not necessary to
inquire If II 10 desirable that IL commissioners should
would be most eSpedicnt TO seeths power from the L
gisiature The mandamus In denied to all the pro-
perry except that in John street. and is granted ~ to
that.
Superior Court.
ACTION AGAISsr THE EVENING MIRROR FOR AT LEdED
Before Chief Justice Oakley.
prc 1o--CAayles r. Shelton ~. Hiram Fuller This
action for damages for alleged libel, brought by
Mr. Shelton who president trustee and manager Of
the Umpire stone Dressing Company corporation
existing under the laws Of the State of New Yorkbut
Who fine 9th Of July 1854, ceased to be the presi
dent of the company The complaint sets forth that
previous that day Robert Schuyler the president of
the new lOrk ana NSW maven naiuOAu NompAuy, was
reported to have committed great frauds upon that
company and to have fraudulently converted to his
own use the moneys of the said corporation and tina
he had secretly fed frt the country that several per
connected with the Parker Veto Coal Company and
the New York and Harlem Railroad were reported to
have abused their trusts On the 9Th OF July 1854 the
following alleged libellous article appeared In the
Erening Mirror of which the defendant is editor and
SicRE SCnUY1RlInNG. Charles T. Shelton President
of the Empire Stone Dressing Company, is est an
seatus He has lett for parts unknown-gone into the
country for his health. An issue Of stock to the
amount of 500 coo has been discovered Paper to the
amount OF $50 900 was protested yesterday The liza
bities OF the company amount to s95, 600. This had
been known crack stock in the market having sold
high 1885, and having paid 20 to 80 per cent divi
denas @s Inc past Two 81 sS on whtn ~,
Sanford and Brace appeared for the plaintiff and put
evidence the paper containing the article They led
only wifness-P f. Y. Platt-who testified to the
integrity of the character Of the plaintiff
For the defence Messrs Willard and Anderson set up
that the article was published in the of business,
and that Mt the time written it believed to
be true: that it published without any III will at
tempt to inure defame the plaintiff that believing it
to be true he thought that persons who Ind dealings
with the company should hear of the circumstances
their protection that the notes Of the company
protested alleged in the article and that the plaintiff
had actually left the State and had gone to reside in
New Haven, in the State of Connecticut.
Mr. Willard opened the case for the defendant and
hoped that the plaintiff would be satisfied with nomi-
nal verdict and not compel them to call Witnessed for
the defence.
This offer was not responded to.
James 7. Babc0ck, editor of the New Haven Pdgld-
dium then called for the defence and deposed that
he knows Mr. Charles T. Shelton he has resided in New
Haven his reputation for honesty and integrity is bad
Cross examined-Has had personal controversy with
Mr. Shelton has had public controversy with certain
citizens growing out OF public matters in which Mr..
Shelton was concerned.
Q. Have you had any personal difficulty with him
which makes you feel i'll towards Mr. sheltoas
A. Most of our citizens feel Ill towards him.
Q. Have you spoken to him for several years?
A. No, sir; would not associate with Mr.. Shelton
have known him to have stripped many poor widow
and orphan of all they possessed know his reputation
to be that Of dishonest man. such his general
putaton Mr. Shelton associated counsel against
me one occasion, but that did not give unfa
yoiabe feeling towards him. because he associated
against with gentleman who is sti my particular
friend.
O Have you not written articles your paper against
A. There effort made by citizens to remove
a house OF iII.fame Of which he was bondsman.
Mr. Whiting objected to answer not responsive.
Vim. J. A. Fuller deposed-I have been connected with
the Ereaina Mirror; am connection that
Of OF Mr. Hiram Fuller of the Ereuirg Mirror
that the gepera reputation OF Mr. Shelton bad very
bad wrote the article complained of in the Mirror.
true:
A. certainly did
Mr. Whiting objected to the question and answer.
The Judge required the counsel produce the statutes
he under the Impression that the recent enact
naent gave greater protection to newspaper editors
Mr. Whiting said that reports Of courts Of justice
privileged but that tending to injure the
reputation we're not privileged
The Judge said that that was always the law but he
Of opinion that their privilege went stil further
Mr. Sanford said he had to search the statute
the subject and he could not find any exemption fur
Their than that stated by Mr.. Whiting.
The Judge-There is ia difference where an editor
asserts unquafedly that q has been guilty of q
crime, and where lac states the rumour merely mat
ter Of information is competent for the editor of
newspaper to prove that he received the information
from credabe witness. l shall admit the defendant
to prove that not as Qualification, but to show the
absence of malice
After some further remarks from counsel on both
sides
The Judge said the idea Of newspaper in former
times was, that il contained the truth now, it is pre-
cisey the reverse formerly people believed things they
saw in newspapers but now, people dstrust things be-
cause they see them In the newspapers (Laughter)
O. To witness by the JudgeDid you write the article
yourself or from information you recsiveds A. wrote
the article from information received in Wall street
q. BY the JudGe-Who told your A. Mr. A. w. Green
Leaf man of respectable character any In this
he told that Mr. shelton had issued stock,
and gone to parts unknown; that certain stakeholder
had got peep ut the books and ii to be heard
the same in other Offices, but forget where.
The Court said that for the present he would admit
O. BY Mr.. wilard-Had you any i'll will towards the
nain at the time you wrote the articiey A. Not the
slightest believe Mr.. Fuller did not know him at the
time.
Cross examined-I not interested in the paper in
the slightest degree.
George Cornell, practising lawyer in this city do
posed--I am acquainted with Mr. Shelton; have been
stakeholder in the En- pire Stone Dressing Company
mr.. "inaru NOW proposeo 10 snow ny TINS wuness the
management of the company, in order that II might be
that the article written from just and rea-
sonable conclusion.
The Court ruled againS The proposed testimony. ok.
cepton taken.)
o. DO you know Of Mr.. Sheltop's leaving New York
about the 9th Of Juys (lhe Court ruled the question
Irrelevant
Mr. willard proposed to prove that shortly prior to
the failure Of the Empire Stone Dressing Company the
witness enoeayored to find Mr.. Sheton-ascettained
that he absent from the city, In New Haven-that
he bad addressed several letters to him matters OF
business. at that place and obtained replies, and
finally compelled TO go to New Haven, TO Mr.
shelton. (Rulcd ont, and exception tsken.)
Mr.. Willard also offer TO prove that Mr. Cornell
stockhoder in that company that he lost $40 600 by
IL, and that he induced 10 take the stock by the
fraudulent representa- tons Of MIR. Shelton.
The Court--I am very sorry for Mr. Cornell, but /
can't admit the evidence. (Iaughter)
Vim. s. Chave being sworn--Mr Willard said he pro
posed chow that 500 600 worth Of sharcs given
to --- without any other consideration than
The JutgeI dent intend TO allow you TO enter into