The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-09-17

- b. retained then the defendant can occupy the
~ he manner in which the defendant seeks to svade
"a exgencies Of the suit which we bring asainss
Nm would seem that these passages form parts 81 one
ssSence whether that defence Justification or not We
ave hardly apprsed, but are led TO suppose 'nA
- 1887 published list insolvent houses IN New YORK;
and included therein thirteen solvent firms
1Ae answer that we try again the Haggerty
ana Bennett case iss7 There nothing in the libel
vhieh potnts 10 any such period transaction We
hardly to this matter brought up again having paid
tAe fine then imposed by the Court. Mr.. Fry has
- be awarded for the libel which he has perpetrat
I'd ON u.s. II happened that in list of failures pro-
Aith at a time Of great financial embarrassment there
discovered and for that the plaintiff
sus ss1 ana aa ss 'l The s sss
dant in the publication which he has put forward.
Your Honor may look through a these ninety odd TO
70 the ibels contained in the letter of Mr. Fry Now
- No. OF the
This point refers TO extract from the Boston Atlas,
On the same subject.
Here we have specimen Of the mode in which
ing black mail They find in the HERALD reprint
Of an article from the Boston Atlas and they bring It for
ward evidence against This we'll all the
tracts which have read yetare confined to the period
u 1861 most fruitful year for the defendant in this
and kept n in his MIND or his e portfolio
ever since. Whatever may have been the tone and
character 9 the paper at that time there no attempt
- she 1t ii has not been since everything which it
ought to be- In copying these hostile attacks the
alleges that ''the plaintiff gives true account Of him
en- they repubished merely specimens Of
~ assaults made upon the plaintiffs character and
journal In no case are the comments given; but with
Ne most unblushing erontery they put forward
having had their truth acknowledged BY the plaintiff
these extracts not accompanied by denas Of their
Truth.
Mr.. sckles-Do understand that you mean to say
that these extracts unaccompaned by commentsY
Defendants Counse-Unaccompanied by comments
ssanse one tha Is r the Court to decide No
could say that the comments accompanying these
sts do not .ePe the charges they contain the
Fences to the bes set forth in the complaint Now let
~ zee what No. 10 is.
FThis is another extract from the Illinois Register re-
rring to the publication Of merchants who failed
Now this is open to all the objections which apply
10 the portions OF the have already commented
en- founded the theory that the defendant
escape the consequences Of libel by printing null
Counsel next read the 18th portion of the answer to
which objection was made It was an article publish
ed plaintiff reference to the decision in the Haggerty
We have prosecuted Mr.. Fry for anything to which
Mis- is at all relevant If he had alleged in his letter
mat we had written this article and If had sued
Him for libel in making such statement then he might
properly have set this article But what has it to do
managers Of theatres in New York; Evidently nothing
he twelfth portion of the answer objected to refers to
an article published in the HERALD 9th October 1887
protesting to be solvent list Of merchants in New York
1he answer Here is charge said he, that published
HIST Of solvent merchants for the purpose of coercing
those who were solvent to forward and for the
assertion of their such list and yet solitary
instance is given in which any paid for being put in
seceSsd for such undertake to that the
cords of this court could not furnish feeble attempt
sta plea Of justification for libel and yet it proceeds
be set plea in this is merely resorted to
piece Of scandal Of which the records should be
puged and which ought to expose and does expose the
who to it to criminal prosecution and
ishent for malicious libel and exposes the counsel who
signed to the animadverson of the court for the law
does not allow counsel to the records Of courts for
base purpose.
thirteenth point referred to the Fanny Eser and
Chevalier wikof ATARI
The defendant here and tells that twelve years
ago man Of the name Of wkoif printed such and such
things; and now, in 1855, 81, Edward ?. Fry repeat
them" Under the advice Of his counsel he spreads be-
ore US this false publication which defendant and his
avowed by the writer untrue and for which the writer
made oil the apologies and dsavowals that honorable
birth here matter justfyng the allegations in the de-
1endants letter. The defendant says it is pleaded be-
more slender and fancui excuse for plea Of justaca
zion in o case OF libel, was never invented
reference to the trial of Robinson for the murder of Helen
Jewettl
ss innocent. Wen il we did SO, what them The court
and jury found him not guilty, proving that the He
RAID was right
(The fifteenth point based upon statement OF
Judge Noah in reference to the foregoing.
The charge here (said counseQ is specific that we
sracted from particular individual the amount
Of and by insisting payment Of further hush
money, drove him to suicide Who is this mani When
did we get the money How did get III What
fact is given Under what circumstances did this
commit suicdes The publication in the HERALD IRE
ferred to in the point be explained and justified
moral grounds grounds consistent with good order
and the well being Of society and yet it is set here
This extract which have read is the basis which Mr.
Fry seeks to supRsrt this gross libel What have we here
1endant that dead Major Noah,) told him
story which he r Fry believed TO be true There is
averment Of the truth Of these facts related by him.
Then, secondly, we have l,ng extract from news.
paper Astounding in denunciatons OF the personal
s1 attempt the S Of h hsss
facts, their relevancy TO this The
Sssnda1 MT would s s be allowed to in an &C.
Noah. He would be allowed 70 give in evidence
the article from the Times and Ereing Star, to which he
refers, and what excuse can be given for spreading
The records Of the Court these grauous and scandaou
assaults upon private character
Counsel then passed on TO the sixteenth point In re-
3erence to pamphlet entitled The Nfe and Writings
OF James Gordon Bennett. u
Here (sah he) have an extract from an anonymous
Book published in 1874 spread out in this For
what purpose To show that the defendant bad only
peated what had been published before in more vague
and general manner. This is exactly Of one IL
heller justiiyng his hbels the libel Of another,
Sns might tsmorrDw on the same principle publish
sHce and defend that act the ground that Mr.. Fry
had published it before. This theory utterly ignores
rious other extracts from this pamphlet This hired
ecribbler this anonymous penny aliner only differs
from Mr. Fry in the fact that the formes afraid to
write over his signature while Mr.. Fry had the
audaciy the courage 10 append his 10 his letter
1.-The 10Th clause Of the objected TO in refe
sence 70 the London TINES making extracts from columns
of the HERALD
This ought to be stricken out because II is scan
dAlous but because does not take issue upon anything
material in the complaint The charges that point
not the material charges in the letter Of Mr. Fry
which our action is founded Is palpaby irrelevant.
The 10th clause Of the Is In reference the
eject In Europe Of the publication Of the list Of nsoven
Trims in 1871
A more complete answer could not be suggested than
Mat furnished by the defendant in this clause show
Why this LIST OF solvent and nsolyep houses had been
putshed. But THE however X may explain and justi
~ The publication OF that list has nothing 70 do with
AHA action, because merit oernert in that mater
can IN now,se within the
THE 2lst point reiers the character Of a. Revolt
" Will hardly be necessary Cor 10 observe