The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-04-16
Anthony Thatcher, Captain OF the Schooner
Draco, Versus Horace Greeley and Others,
Proprietors OF the New York Tribune.
shEhiff > COUhTs
BEFORE Sheriff lruar srd . Gra.;aI

frOprnetOru OF the New YORK If1UUnes
sHERIFF's COURT.
Before Sheriff orser and Special Jury
MONDAY April 3.-Sherif Orser held court this
evening" for the purpose Of assessing the amount Of
damages which should be awarded to the plaintiff for
libel published in the Tribune newspaper by the do
PENDANTS.
The alleged libel consisted in the publication of tele
graphic despatch which forwarded the defendants
from Boston, stating that information had reached that
city from Buenos Ayres to the effect that the plaintiff
had sailed from that port under the pretence of having
letters of marque from General Rosas ex Governor,
authorizing him to make reprisals upon his (Rosas')
enemies but that in reality he had such letters Of
marque, and pirate, sailing under false coors
The article headed E" An American Vessel Turned
Piraten and appeared in the Tribune and other New
York newspapers in the February Of the year 1861.
Upon this Captain Thatcher brought his action for
libel in the Superior Court, and damages laid at
$50, 0O0
Defendants suffered judgment to go by default,
and the jury to the amount of damages
Mr. Mathews appeared Counsel for Captain Thatcher,
and Mr. Blunt District Attorney, for the defendants.
Mr. Mathews stated the case stating to the jury that
Captain Thatcher had borne excellent reputation in
his professionalism he had acted master of vessels
for years and thereby supported himself and his family
ini that after the publication of this libel, no ship
putaton fortune He has brought this action solely
for the vndicaton Of his character and was actuaed by
no mStces He & Mathews the f NOW sub
their reputation to the jury and he certain that
both would be justified by their verdict.
MIR. Mathews read the dispositions of Charles White
taken before commissioner in Boston, Mass.--one Of
the hands who served the schooner Draco Witness
gave in his replies to the direct nterrogatories de
tailed account of his engagement in the schooner at New
York-the voyages which she made under Capt Thatcher
afterwards running from New York 10 pernambuco Mon
tayii Ruau AYR Ne It.
opposite Patagonia She finally wrecked on the bar
the entrance of the Rio Negro Several changes we're
made in the si men of the crew, all of which witness
detailed He was engaged for voyage to the coast OF
Brazil
Mr. Blunt read the interogatories to thee qup
men and armament Of the raco. He denied that she had
any board, except very small guns he restated
the names Of all the ports touched at the Sold
supposed Captain Thatcher accounted for the proceeds
had knowledge of interviews having taken place
between Captain Thatcher and the agent of Manuel
Rosas, at Montevdeo; did not believe that any such
interviews took place.
Mr.. NJ here read copy of letter from the American
Consul ut Buenos Ayres relative to the return made by
Thatcher to him OF the Of the Draco it cert
fed that four men had deserted her.
The dispositions of ii. L. Tbbals, second mate OF the
Draco, we're then read by Mr.. Mathews. The witness
deposed to nearly the state of facts White did
Mr. Blunt applied to have the entire evidence read.
He said that it pity that judgment suffered to
60 by default and regretted that the plaintiff did not
justify every word contained in the communication 1t
would then have been shown that the defendants had
good to advertise to the commercial world that
the vessel engaged in very suspicious business
4
made in her crew
! Mr.. Mathews opposed the reading, on the ground
of an attempt to justify the libel alss mmateria
to read the part referring to the changes made in the
crew, the ground that the shipping Of the took
place anterior to the acts charged.
The Sheriff decided in favor Of Mr. Blunt reading
the extract
Mr.. Mathews read the dispositions of Samuel Chase
as to the character of Captain Thatcher the respecta
bty OF his connexions and the value Of his services
master which the witness stated were worth from $3.50
to $500 per month.
~ t,4 t,;e
the grounds that the question of the value of Captain
Thatchers services not raised fairly as had not
been shown that he had sought employment and failed to
in consequence of the specific assertion contained
in the specific paper complained of and that the defence
TO general character unnecessary his general
character was not impugned.
| The Sheriff ruled that the evidence was admissible.
The dispositions of Francis Smith, taken at Philadel-
| phia, next read.
| Luther Crowell was sworn and examined by Mr. Ma
thews1s seaman; the chart now handed TO me gives
general knowledge OF the voyage Of Captain Thatcher
arrived from Buenos Ayres to day. the Draco not
wrecked when was there
To Mr. Bunt-I never made a voyage from here to Per-
nambuco the Cape de Verd islands; ii be matter
of opinion to by the Cape lie Nerd islands to Brazil it
depends great deal the winds have been running
to Busnos Ayres Cor some years past
Horatio Underwood sworn have known Capt Thatcher
| for twenty five years recommended him for employ
ment the raco; he applied to since the puhlica
ton of the matter complained Of speak of the publica
ton in the HERALD he applied TO me in the early part OF
last year, when seeking employment but the matter hal
then become OF common talk, and / did not know
/ what TO think.
Mr. Blunt objected to the reception Of any testimony
! against the Tribune founded publication in the
| HERAfp.
Mr.. Mathews replied by stating that the damaging
matter got into public rel and thus had the effect OF
damaging the dearest prospects Of his client although it
could not be traced first published to any paper.
Witness contnued-I do not recolect ever reading the
report the Tribune Captain Thatcher proposed
to go certain voyages; promised him reply; at.
forwards declined employing him, in consequence OF
| hearing some reports concerning him.
Cross examined by Mr.. Blunt-When he called on me
did not know that he the person referred to- had
made inquiry of some of his acquaintance before
declined aiding him.
| John L. Merritt have known Captain Thatcher for
ten years. sold him goods am at present in the -four
business he applied TO me about joining him in the
building of vessel and told him of the reports had
| heard of him.
John Finnel-I know Captain Thatcher; boat
builder modelled the Draco had something to do with
the modelling Of another vessel which, think
built the model approved of by Captain Thatcher
board the Draco when she in the stream, be-
fore her voyage Mr. Kelsey the mate to have been
on board the next morning.
spccting the model after the Draco sailed the Cap
tain it before he went the second voyage the
Draco measured one hundred tons by carpenters mea
surement.
John H. Aldridge and Hosah T. Kinney both deposed
that they had known Captain Thatcher and read the re-
James f. SMITH reside at Sag Harbor was subpc-
naed here by Mr.. Greeley; am partner in the firm
that built the Draco; heard the report of the alleged
piracy against Captain Thatcher; then about TO
build another vessel for Captain Thatcher had gone TO
the woods Of Pennsylvania to select the TIMBER do not
exactly know what effect the report had on my own
mind abandoned the building of the vessel in conse-
quence OF the report
Gross examined BY Mr. Blunt-The letter now handed
to was written by my brother think; 1t is dated at
Sag Harbor signed by firm Is directed to Mr.
Davis know the handwriting of Captain Thatcher his
signature is TO this letter handed to me- received
letter from Captain Thatcher dated ut Castsos before
the Draco was wrecked that letter is in my pocket
refuse to produce it, unless ordered TO do by the
court.
Mr. Blunt applied TO the Sheriff for order TO witness
TO produce the letter.
The sheriff said he had power to compel him to do
so.
Mr.. Blunt then served summons Of dtces ecum the
witness under which he produced the letter OF Captain
Thatcher II dated 'tCasteos, Nov 4th, 1851"
and referred to the complement OF in the Draco he
said e have fifteen board and only Ave the
books;' = have cheated lawyer at Buenos Ayres out
Of $500 and cleared away in the night with consent of
tie American Consult. the vessel sails like h-l - sc
Witness contnued-The Mr. j. Kelsey referred to in
that letter Is the one who shipped as mate the
Draco he refused to go; think he left the vessel be
the vessel left him. do not think that wrote
letter TO Mr. PAWS saying that Captain Thatcher present