The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-10-20
IMP ORTANT LIBEL SUIT:
Treubse aneRg tho Municipal Refsrneev-
Preparasisa for the November Hestien.
Court or COmmon Pleas,
Before Hon. Judge DAILY.

Before Hon. Judge DAILY.
THOMAS BARR W. HENRY xRBM.
oor Is-In the complaint In tss action 4 10 alleged
that rsm the lst OF January 1850 tho LIST Jsuua
1852 the plaintiff bold the ofcs Of Assistant Acsena
of the city New York for the sixth vard and fro
the LIST Of JAnusr,, 1892 until tho commencement of
this suit he held the oss Of Aldesmsn Of the said oy
OF New York tor the Sixth ward, during both Of which
periods he had the power Of nominating Mayor q
the said CITY, for appointment policemen said oiy.
aDo did In fact, Gully noinas divers parsons for ap-
poiptment said ocs Of pocemeo who we're app lnt-
ed thereto whom sleIander NJ. G. smiths
that while the plaintiff candidate for electou 10
;he efice OF Senator II the state of New York for
tho Third Sepatonsl district and was pubMcav
srcwD as such, the defendant, or sboat
the 26th of October, 1853, falsely aud msliciousy
that "Tromss j. Barr. 1msanior the plaiatiT tSe
cratic candidate for nator Is one mos.
corrupt members Of the Common Counci-thst he hAA
od police appointments 1T AL pics from hundre4
collars dow e. t~eve collars that ne had sold III
spgop tment Of Alexander N. " smith Tor huncrse
H. Tho complaint further avsr.ed that the dessnda.t
about the time, eavoriDg to defeat plsotaS
saS.,anoe Is foliowS, VIZ = That the piantia wss :
corrupt and ono Of the most corrupt members q
The oee Of poicsmsn Of Ne York to various persos
for vsrious sums Of MONEY, md especially that he haA
sod an appointment to said office to one Alexander n
Ill The complainant lastly avcrrsd that the dsfsudsmt
about the same tin said In tho presence Of
yeisons that plaintiff w.s corru = man; that hs haA
been guilty Of great and h nous crimes and ualvs,aa-
tor while holding the Office OF Alderman Of citys
electors Of said district that plaintiff guilty Of a.
veIs crimes and public offepces, for which, trua
sDd to fine snd imprisonment and specially that plain
TIL the power Of nppotntng pocemsn for
tho cit, Of New Yorsin corrupt and unlawfoi nanns
by d. mandDg and accepting obes from various persoas
Who dcsirooa Of obtaining appointments 10 saAA
Office md maAitg nominations for ald appointment. IN
Atzu - kv{ha In<xh
the complaint alleged TO be false The damages wOrO
laid ~ twenty thousand dollsfs
1hc tpswer in the first place denied that oefendaa4
SPOKE publshed concerning the plaintiff, The
ros stated in the complaint that he spoke
third counts Of the complaint Ahe answer furth9
sleeed that plaintiff did nomtnste Alexander n. q.
sn,h for appointment . p. man Of the city Of Ne.
while tho plaintiff Assist mt Alderman In consdsra-
ton Of the said smith pyhg to plaintiff ono hundrsA
tiff the smith after raros pponted apolicsmaa
Of paid 70 plntf the sum of hundred solArs b
consideration Of the plaintiff selling to him the saAd
nomination snd appointment; and that the pAiatH al
DomDa'o one John Bant policeman Of the city, -
III An Assistant AL e,man confederation Of ths
ssid John Bant paying 10 the plaintiff hundred d.
lars that pursuant to such nomination BY the said plan.
TIFF, the faid John Bant alter wards polluted .
policeman Of tho said city, paid to plaintiff tas saia
kum OF hundred dollars as br,bs for making The
said cnina0n and causing aud procuring the said
pointment Wherefore the defendant did afrer SArds
spesk and publish the raid words Of and concernag ~
Tho case for the plaintiff opened by Mr.. Willard
He sIose Substantially, as follows:-
Gentlemen Of the Jury-This Ii action for Aandsr-
Gus woros uttered by Mr.. Erbon against Mr. Barr ana
It is fciently serious to warrant in bringing it
by Mr. Trben in the pressnoe Of ARE number Of c.
ilmen. ~. Er oen, speaking Of the c,rupton Ia ths
Common Council remarked that Mr.. Barr ~as the mose
upi of all is moubers. and, referring to him
Alderman vel, Assistant herman hs said tnAk
he had cold sppont .nts to the Office Of policemen fer
sums worrying from % to $780, and especially that hs
sold appointment to Ales ander Smi for 800
thus cha,giDg MIR. Harr with being corrupt man. anA
pos Or to make Thee charges arc Of sesoas nature
because there blaoker stain maa's caarAo
90 such ,hipg as tots wonii do snythioe ssy saaI
~ accusations ave OF ~ serious q nature
can bring against en- 'her TO make them recki' 'ssy
oi against tho and good order Of society n
tends to dissolve tho mutual dependence OF man on maa
for by before you the different vhicA
apply to IT, Where words Of slapdsrous nature have
BY malicious motives. therefore, it unnecessary Tor
10 prove more than the use OF the alan
dsencs the obligation Of justifying the words s.1
to do Thu hero, they contend that they u
ros, however complete defence to prove that thA
words true, for sometimes to tell tho truth Of Q
Is to do him the greatest injury The defendants
must further show that the words uttered With .
good mofive-he must show that his duty required him
TO eak evil Of another The spoken In this case
are Of such nature TO be sandcrous thems.vol
offence against the law for man to prosttu e nis os
cl for tie rake of personal TO ,hsrgs any
ore with .vcrsa,ion OF Office though the charge Bs n
que Is In itse accnab and may be punished with heavy
damages. Here charge Of crminahty has bsen mado
against Mr. Barr which would rencer him amsnsble .
These ueh bis position In society and imply that Ar.
Barr was generally rrupt man his etamp, him q
II the accusatons true, the defendant wN .
able II establish them; but they true he musA
b. sn,ios. sss Of S1v1s in %o;s
cepion Of having said that rs reoe1ed 500 fol- for :.
We shall have proved that he actually made these
charges, M We contend be did, he will then
segr awaited his fence by copyng IL under oath As "a
Of eceman, tho dersndsnt stl asserts tbs truth q
right Of tine defendant ind he Is bound to sst is
up in his pleading If ne voald avail himself Of such
that he sold sppcinmet t. to tho police for Ave dollars
| and upwards he br ngs forward Two cases-thst q
BaDt snd mth-in each Of which he AYERS that Nr.
B received enc hundred dollars for tho sppontmsat.
e'tsr We have the ue Of the slanderous words
he care will depend on tho evidence Of these two
scous.ten be fas made against him. he succssds cs
2, s cS
sees ut STAMPED - I. bed man Hs darss the rssnlt
ore man has assumed the right 70 assa the character
tbsr the trial Of such ssussa you could divs isSs
ate them, you would hsvs no difacuy 10 oomiae . .
conclusion but before imperfect tribunal IL ID
Of the highest crimes o man cen commit sRaanst an
Other IN drive BIN to such . necessity What shan
Of tho defendant In this he fa TO substantat
the charges be has uttered against the plaintiRf
Ihee In dspsfti abroad to disregard the i'm povtsne
right Of mans persona security regard 10 his repu
sssian ve ali hold our reputation % b dsarsr thaa
life. What 10 property Or ms stripped Of oar
chasscfersS Therefore Jon must sss that reputation
should b rsga oed most ssorcdly. Thsrs d : strone
arena 1bere IL, at pr~scnt what u called slssnipa
sy n vhieh editors and others have become peea.s
ly attached II styh which dsliahts In dsAny with
the wsahnesses and in6rmittss Of others nao7 are
fond OF using II In order TO exhibit others 10 an absurd
and dsbonorah point of visw. And for what purposst
II h for tbs appavsnt superiority they gain IN stand
ing over ycur character, aad exhibiting your n6mitisa
:. fbe world This Y the style Of sAshlng writing ooa
slsshirg speaking II 10 the aim and end Of men wnoI
hes ssise- hh0ut gspus would build ON the wrsck Il
others II 70 becoming univsrsAl Every day ~ hsar
of matters relatDg frs nds discussed With the