The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-21


ACTION AaANsr THD EVENING x1Ra0s PoR AELHaED
~ LIBEL.
Drc 2o.-CAaris B. Shelton y. Hram Fssssr-In
this Mr.. willard summed up for the defendant and
Mr. Whiting for the plaintiff
The Judge then proceeded to charge the jury He said
that Mr. Shelton the plaintiff in this case has sued Mr.
Fuller, the defendant for libel which had been read
totbem; and it certainly n Libel of very serious cha
rscter ascrbing to the plaintiff the commission OF Of
fences which, il guilty of would render him liable to
Imprisonment Mr.. Fuller has not put in what is called
justification. He had placed on the records OF the
Court answer TO the complaint &hich the Judge ..
special very properly ordered to be stricken out
The defendant then suffered judgment to be taken by de-
fault in such the ordinary would have
been TO before ShcriTs jury to have the damages
assessed and this case should have been 50 o.
s however before them now, and all they had to
do was 70 assess the damages The plaintiff Is entitled
stance Of the libel was that the plaintiff had been
concerned In Over-issus Of stock, and that
the M n damages To. ury we're eo take into
tisn the character Of the parties. In the hrst
place the who into court to for damages
to speak his general reputation So 1t is competent
for the defendant call for witnesses to mpeach him,
how such causes for oens1re or blame against shelton
have arisen, and they would also take into consdera
an absence OF malice The law implies mali the truth
of the libel not being established but there would be
great difference where there was actual malic, and
offered to se proved that Mr. Fnllers assistant ed
tor-for whose act Mr.. Fuller is neutrality-suspicious.
eomnetent Il seemed TO the court that It was comps
tent 1t TO the court that there Is difference be-
tween editor publishing fact which he has received
rumor. The evidence was before the jury, and they
would give it the weight that it entitled to- The
publication was an incautious act. There
IL
bells. II he knows fact he can publish II
A. his peril rs. no and n.Grea Ss ought Ias 80
state from whom he has received the information, and
in that the party who his authority would be
printer. Editors should always speak the truth. The
highest authority had ordered every to speak good
the laws under (which we live but they had nothing
do with the laws but to administer them they we're
made His Cthe Judged own idea Is, that the law in
public streets with the pistol the bowie knife and the
horse whip, which they sometimes are, notwithstanding
the existence of the law The freedom of the press had
been spoken Of The freedom Of speech consists In
speaking what he peases writing what he peases but
when he exercises that right he does 1t under strict
responsibility TO the law. The court believed that If an
editor permitted to write and speak what he pleased,
man would be safe and no government could exist
There must necessarily be some responsibility to the
law for the exercise Of that right In estimating the
ton partes-the injury the article likely to
do the character Of the plaintiff they also to take
INTO tho character o. the defendant and
coded that there no actual malice but it shows
that editors should not what they pick in the
streets without saying 1t was arnmor It was purely
the province Of tho jury to estimate what damages
should be given and they would give such damages as
intelligent men would think proper.
The jury retired, and were over two hours h delibe
ration without having agreed The court adjourned at
O'Clock, and ordered sealed verdict to be brought in
on Thursday morning.
ORDER OF BUSINESS FOR THE YEAR 1885,
Al tern of fhe 0f he tv
New York. held the City Hall in the city Of New York
the 10th day Of December in the year of Lord
thousand eight hundred and Fifty flour the following
order was made
Ordered That the Calendar OF Causes for trial at the
ensuing January term of this be continued the
lively and be taken up 1t the Of those
respectively at the place where the court leaves
on At the close Of tho term immediately preceding.
Causes not noticed for trial at the January term and
such are during that term, put of for the term,
called pas cd may be noticed for the February and
March terms and thus put of, called passed.
during the February term may be noticed for the first
Monday Of March. The clerk win place the causes
noticed for February and March terms respectively at
the foot Of the January calendar according to their
spective priority.
Notes Of saue are 10 be aed in the causes last mon
Of issue need fled subsequent terms
but notice Of trial must be for each term that
the causes may be put on or continued on the oasn-
dar.
And II further ordered that all notes Of issue
AFTER tor the general special and ira, terms .. ths
OF the first day Of the succeeding term
United States District Court.
DECISIONS IN ADMIRALTY.
By Hon. Judge Ingersol.
DEc. 2o.-Giles Hascley against tie Canal Boat Ann
Arbor-The libel in this 10 lsd to the value
OF quantity ofbutter, shipped the 5th 9Th of De
ccmbcr 1862 board the canal boat then lying in the
Erie canal at Rome Oneida county to be carried the
city Of New York. and there delivered is alleged that
four hundred and forty mine tubs Of butter shipped
only four hundred and twenty delivered, and
that the canal boat is responsible in admiralty for the
loss The defendants deny that than four hundred
and twcney-seven were shipped, or that the boat Is
liable admiralty il they lost The evidence
given by Witness that he kept the tally Of the tubs
they shipped had kept that four hundred
and forty nine tubs Of butter went board that the
weight marked each tub and that the weight Of
all ,5t2 pounds. Evidence was given however,
that some butter put board when he not pre-
sent and OF the hbclan.s in obtaining clearance
at the Collector Office at Rome represented the weight
to be 594 pounds The captain Of the boat his wife
and son, who with the boat to New York all test
fed that it had been disturbed on the voyage and
could have been without their Wedge and that all
wascarried to New York safely delivered to the
signees Held by the Court that il is shown by su
cient proof that these twenty tubs put
board, but that all that put board safely
delivered. That therefore not necessary to de
eide the question o. jurisdiction but without having
sufficiently considered that question, the impressions Of
tie Court against the right Of the beanta to
coed against the boat The canal boat not built to
navigate tide waters, but the Erie canal and Is not
ship within the definition in Benedct's Admiralty,
215, not being locomotive machine" When ship is
beled in admiralty court for breach Of maritime
COMPACT it upon the ground that the ship itself
tracts; and If such canal beat this, while the
itself by contract as to come within the control of
court OF admiralty do not but that any vessel
thing capable Of containing freight built and designed
make Roadway the N r. Central Railroad by Of
the wheels Of the railroad cars in the county
enter into and bind itself by maritime contract and
under the control Of court of Admiralty provided
II is constructed that when it arrives at Albany Il
be launched from the wheels Of the railroad carriage into
tide water, and be towed by steamboat to New York
Libel dismissed with costs.
Henry Mason ct al. agt. the Steam Propeller Osceola
This suit was brought by the owners OF the CARGO
which board Of the schooner John R. Stuli aud
which also totally lost by the collision. This
tried with the preceding one. and like decree
cor,ngly entered in favor Of the libellants