The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-10-06
think this should be stricken out, unless made more

himself and the general opinion Of the nnbc Of III
own character and course editor the following true
account Of himself, purporng to be from correspon-
dent Then follows what purports to he comm unca-
ton from correspondent dsnouncng his character a.
| motives for publishing such paper
The most that can be said q y II published by the
character Of his IT, that it may evidence
which might be givenin support Of properly
complained Of Evidence, however, il not to be stated
in pleading but the facts which party relies to
establish cause of action or defence and in proof of
which the evidence ia TO be gwen. When an answer las
the deen dants does) admits the publication of the
ticle complained Of and it is not privileged, the only
tanned in it are true that they made from good
motives, and not Hlalicously.
An answer Of the former kind if proved, is bar
recovery Proof of the facts stated in the latter does
aect the plaintiffs right to recover but only bears
upon the amount Of the recovery This should be stricken
ont.
4he matter of the third exception begins thus And
also the 20h of july 1885, the said Bennett published
in SAID newspaper the following true account OF himself
purporng to be from correspondent" Then follows
an article purporting to be from correspondent de-
nouncng the plaintiff his paper md its tendency This
Fourth exception"That said Bennett in the month Of
june, 1897 in his said newspaper, wrote and published
his opinions the Christian clergy of this country
which were often repeated by him in his said
the Herald commenting the Christian clergy Of the
present day."
The 9th relates 10 an extract from number Of his pa
per issued in 1889, commenting politicians, brokers'
lawyers, and all public men, including the clergy.
The sixth is "hbidnous effunion,O alleged to have
been published IN April 1886, and also alleged to be
him in his said newspaper"
further SAITH that the columns Of said newspaper and
before and many years after the time when said publca
Eons made abound in icentious and asphemous
articles and publications fully bearing out the character
OF said James Gordon Bennett and the principles on
which said paper was conducted as depicted by James
ing him to be liar and ibeller and to which, If
sary defer dan will refer and of them dis
graceful 10 soil the records of the court"
1t cannot be pretended think that either of these
seven portions Of the complaint, all of them put to-
gether aege in substance the truth of any of
dsparaging conduct imputed to The plaintiff by the
tce complained Of 1t Is not alleged in any part OF them
that the articles from which extracts copied
published to extort black mall hush money,
suited in his obtaining any, that they caused man
commit suicide one to personally chastise him
lation to pleading properly form part of
setting up the truth of the LIBEL nor do perceive any
ground on which they admissible in mitigation.
The matter Of the eighth exception is TO the effect that
in May, 1897 the PLAINTIFF to create alarm disrust,
and to induce merchants to pay tribute to him, under
rear that their naes would otherwise appear inso
vent published what he called list Of those who failed
in New York in 1897 and included therein appears
from said newspaper thirteen persons or firms who had
not failed that the plaintiff indicted, found guilty,
and fined $500 for libel upon of those who pub
lshed as having failed, but who had not failed
The matter OF the ninth exception is that few days a
forwards the plaintiff published in said newspaper Of and
tor about the goth Of May 1887 the following true
account Of himself Then follows article purpOrting
TO be written by the New York correspondent of the Bos
ton Atlas in relation to the plaintiff his and
duct editor and his complaint OF having
beed of the gentlemen whom he published inso
vent
The matter OF the tenth exception relates 20 his pub
fishing an article on the 9th of June 1887 purportng
to have been written by correspondent of the Illinois
ga OF the same general tenor as that taken from the
Boston atlas.
The matter Of the eleventh exception relates to- and ex-
tracts an article he published the 18th Of Sept 1897
on having been sentenced to pay fine of $500 for the
libel alluded to in the eighth exception which the
swer AYERS he published o bring the administration of
justice into contempt and to throw dicule said court
to make his paper SELL and to make money out Of his
shame.'
The matter OF the twelfth exception is to the effect that
on the YIN 81 October 1851 he published what he called
motives (among ohers) which induced him to publish
list Of those whom he represented to have failed
In no OF these parts Of the Is it alleged that
he obtained money black mail hush money, from any
person at any time The matter Of these twelve excep
tons embraces all of the from the end of the
to the end OF the twenty eighth folio
1t cannot be pretended think that either of them
except parts Of the eighth and twelfth would be
he published certain matters az being true accouu, Of
himself To make them admissible as evidence of any
thing there must be avermen's In the properly
affirming the truth of such imputed instances of miscon
duct contained in the article complained of it may
be claimed that he by such articles confesses that he
was guilty Of. But even II the pleadngs shall be $
framed render any those extracts admissible as
evidence TO prove the truth Of issue that be
NOT to be ae su sasbe as Tbe enSh sua
twelfth allege that the articles therein referred to
published to extort hush money but specify no instances
Thirteenth exceptionThis contains statement Of the
arrival CT the dancer lsle) and in relation to her per-
forming as SUCH aud extract from article alleged
to have been published by Henry Wiko in certain
papers, concerning the plaintiffs towards her. and
charged against him. which extract Is this part Of the
states the defendant is informed and believes
was true and fairly represented public opinion the
subject"
Neither the that Mr. wikof published this article
the extract copied into the answer should be insert
ell in it, If the defendant chooses answer by alleging
that the plaintiff published uniavoabe articles extort
money realize gains in the form Of presents and that
he by such coerced induced her pay money
or make presents and to specify instances he at liberty
to do
But it is a new mode OF answering a complaint for
libel imputing specific misconduct to plaintiff to allege
that third person published certain article Of him
which the defendant. cleves was true, although such
article may mpue the misconduct that charged
by the one which is the basis of the action.
Such fact is not one which can be alleged in plea Of
Justification il be given in evidence support
the issue made by such plea.
Fourteenth exception.-The matter of this exception
relates to what the plaintiff s alleged to have published
in April, June and October, 1885, concerning murder
said TO have been committed in the house Of Rosina
Townsend and AYERS, among other things that the sin
situations threats and letters thus published by Bennett
in his newspaper caused the public to believe
and left the impression almost II not entirely universal
that said publications were made for no other purpose
than to obtain hush money or black mail and that large
Of money paid to Bennett for that purpose
Although this part OF the alleges that hush
not alege that OF these matters published with
view to extort it, No one Is named who paid IL. The
matter OF this part of the answer if properly pleaded TO
that part Of the article complained Of which charges the
plsntiG with extorting money by lies, ISLANDERS and
threats for aught that has been suggested
to me- would be good answer. But II would be
cessary to state by whom and when any paid
But no part Of the matter Of this exception alleges,
that what II charges him with having published
threatening to publish untrue that this conduct
was pursued to extort money
II not having been alleged that such his purpose,
but only that the public believed that such his pur
pose, 1t neither makes Of itself In connection with
the other parts Of the issue OF fact with
spect to Of the acts Of misconduct imputed by the
article complained Of In constructed like the
present it is irrelevant II may be made relevant by
adding other allegations II they can be truly averrei,
and by being stated in such form as to be more definite
and certain
Fifteenth exception.Ths covers some 20 oos Of the
answer and asserts Ii 10 be true, the article
planned Of arms, that Judge Noah since deceased told
the defendant that he would swear to certain things,
matters within his knowledge in relation 10 the
plaintiffs having extored sums, amounting to some
SIS 600, from who happened 10 be at Rosina Town