The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-06-02
NEWSPAPER LIBEL SUIT.
THE "EMIGRANT RUNNER" CASE AGAINST THE sum
The Right of an Editor N
Publish Facts.
VERDICT IN FAVOR OF THE PRESS.
Superior Court.


The case called Tuesday morning last, 10th inst
and the following jurors having answered y the
names we're duly empannelled -
samuel Holden, No. West Twelfth street
Frederic johnson, No. 3S sixth street,
Henry Z RAnops, No SOL Third street
William Fl. Vancevier, No 33 Fifth street,
John Price, No. 23s West Forty second st,est
William o. Starr, No. Is Bedford street.
Frederic Hahn, No Is Scanned street
Alfred w. Warden No. ia East Fifteenth ttrsst
James p. Haight, No. ESQ East Broadway.
Archibald Hall, No. 1856 Madison street.
Eden p. Clark, No. 276 Houston street.
James Guthrie, No. Hudson place.
A preliminary question rs to the right OF dsfsndant
counsel TO open and close the case On The ground ~
having admitted the charge the affirmative rested VI
him, was, after some argument, decided In his favor
James T. Brady, E,q then opened the case, explain
Ing the why the usual pract of giving pai
tif's the opening and closing remarks was de-
parted from In this instance by SAYING that defendant
old not deny the publication Of the article in question
bat claimed that it true that placed them On TIL
affirmative Of the question at ISSUE and they prov
Their affirmation true then the question Should bs
This SUIT he said, commenced in 1850. In
course OF bis business the reporter Of the sun Wa
OF respectable citizen in Broadway; that said sitzs
had made complaint at the police Office but could nc
get warrant Issued because he had not witness
such was the rule at that time In cases. which,
such were to become general would % ridiculous a.
man might be set upon IN the dark, and nearly muir
dered snd warrant could not be issued against hin
who committed the assault, because he had not wH
ness The reporter was told that the Of the
saslt was, that gentleman from Vermont, who hA
take passage home for himself and his wife, and that
was taitn-he would not say entioed-into an Office,
Matthews, who me. them On the dock. A'A'-'
IMMIGRANT runners are IN general good class Of ne1
but they have set Of harpies AID vagabonds amengs
item who DO nothing but plumber poor emigrants d
their arrival and which often lead the latter to Agn
the worst possible Of New York, from the msment d
their arrival here until they arrive their desnA
in the Far West. The Vermsnter then purchased to
tickets for the steamer Empire from Adams and Nat
thews but which were refused by the captain Of tina
firm tn air
former OCCASION that It appears that they wer
specuas ng in tickets without authority. The Yer
and ON his return home wrote letter to his frenl
in Broadway to en6esvor to recover the money IN
friend went to Adams ana s Matthews, who promised
in Broadway and after some friendly greeting demand
ed the money back, whish refused and, ascordis
to the gentle mans statement Adams pulled him by th
and called him ngly names, while Matthews, VIII
up the time thrust his elbow into the pit Of hi
stomach, and nearly knocked him down All this va
told TO the reporter OF the Sun and the wing arc
was published ID the paper without having been seen
either of the oeendants The article lie as follows;
"An' assault vas committed last Tuesday night
respectable med Peter n Horsley, in Broadway
by two EN- grant runners named Adams and Matthews
who knocked him down and grossly maltreated him
The quarrel represented originated by Mr. Horsls
asking the fellows to refund rome money that had bee
paid to them by OF his friends for worthless steam
boat uckes. The complainant appeared before Justc
lathrop at tho Tonnes, snd stated the circum
but the Justice refused to issue warrant Proceeding
then entered INTO before The Mayor, and mean
taken to bring the oGe ndips parties to jusrce."
Adams and Matthews got hold OF this and we're de
termined TO profit by IT, Out OF this they have got
lass than Mrs suits including the present The
fancied ey could gain larger amount by that specu
lation than the other (tbs tcsets) but thing
lose by it. and like that always like TO zee law
yer PAID fer bis work fLasgher. Well, out of thss
nine suits they "a. and have realized, by Judgment
the large sum Of six This article not pub
hshed through any malice, the defendants had
seen either Adams or Matthews; they evea disposed
A. and M called on the Msssrs Beach aud desired \
baye the artise contradicted This they refused
until they had the gentleman who said 70 have
been assaulted That gentleman said the article va
true in every particular, and, in consequence defend
ants refused to rrtrsct Ia all cases. except criminal
cnes when 1t might not be polite there is right
speak the truth. fhe answer put by defendants va
ruled out by Judge Campoell and they went to tria
Duer, before whom the tried and who as up
ight Judge any in the union charged the jury witt
cesree OF ssperity justified in his opinion by the cas-
IS necessarily appeared before him, and judgment
of $500 was given IN favor Of Plaintiffs. This
rsd to the Court of Appeals the JUG gmsnt reversed
now it comes up again or another trial.
shall insist that this police report, and nothin
more and will leave 1t to the jury matter OF fact
The law at that time was that q reporter should nod
pubth an article unless the parties guilty
but to show You the opinion Of the Legislature at
present day on this subject, will read act recently
passed by them.
AN ACT IN RELATION IBn-PAssED IN SENATE APRIL I !
1854
Section l. No reporter, editor, proprietor OF any
civil criminal for fair and report such news
paper Of any judicial legislative other public official
proceedings; Of any statements speech argument cd
debate in the course Of the same except upon actual
proof of malice in making report which shall In nd
case be implied from ths fact of the publication.
shall BE- construed project any such reporter
editor, or proprietor from actisn or indictment
any lbeloas commsnts or remarks superadded TO and
interpreted or connected with such report.
Fec 5. This act sban take effect immediately
If the article now complained Of oontains anythngI
less than the truth, then the Judge will tell yo
Z O. a0ynQ n
crepances tech,cai language, which the other side
VIII lay hold Of for instance they may say emigran
agent instead Of runner, elsowed him instead %
knocked him down; but these triHng differences
which are scarcely entitled to notice.
The gentleman assaulted then called and ex6min
ed by Mr. Brady. He said
was carry ing business In Broadway as dagusr1
reoty pist on the 2sth June, 1850; knew Adams and
the Tombs about that time; my business there va
caused by some friends from Vermont, who were on
visit to ne here in ls49, aud who their hon
less; thofe now shown the Same tickets; ting
were re turned to me by letter; my friends names
AytrDl as soon - received the letter went to thu
corner OF Barclay and West Streets where the Office o
Adams had been and found the place shut up there
him till the nidce OK June Of the wing year. 1hen
noticed his arrest, With Matthew's, In the Herald (ob1
jecied TO, hut overruled); convsrsed with Adams.
What oid he saJH (0bjscte to, but overruled.)
Mattt eve csme up to learn what going on; told
him Of the tickets be admitted be had gwen thsa, but
said they good; he desired me to down. next
morning. to the of Washington and Cedar strcs
did and found A. and NJ engaged in selling tioks
apparently to emierants there sign up there -
all lettered with "Ra,lroad Office" &c. @fs-
ntwed the conversation of the previous evening Filth
Adams Matthews being present; he proposed to ne
drop the matter II he proved the tickets were good;
said wouldn't; went Down with Adams to the steam
boat, and saw the clerk; hs was not the 10
whom Adams introduced me-
Mr. wheaton objected to this testimony asSirreevsn
It not being proved that Mstthe had any thing 70
DO with selling the tickets Objection ovesruled Nat
thews bad evin an interest in the matter taking part
in the conversation, &c.
did not 60 TO the Office again; next evening saw
Adams and Matthews At the Of Park place anA
Broadway, opposite the store OF Mr.. Arnold was on
my way up to the lodge; it about sunset; Adams
recognized me first had rome talk with him. Matthews
came up with a lot Of fellows; Adams called me baH
names; Matthews then joined in and called names;
lthen tried to get away; Adams then tosk by the,
nose called me Odd son OF Q b-h, q lousy vagabondN
Thief robbtr, &c, and said Jesus Christ himself csEil
down from Heaven and told him TO pay back the money
he would not co IT. Mr. Arnold cana ont and ordared