New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-09-18
THE FRY AND BENNETT LIBEL CASE,
F,v,s Answer 70 BENEFITS Complaint
uJuoRY or BENNETT AND HIS CAREER
a. INTERESTING LAW QUESTION:.

special term hcll by Judge BOs"Ortn' iu1O1'0 ""
that II james Gordon Bennett aga INST Edward r. Fry.
the former having prosecuted The inter for On alleged
libel In order that Il may be clearly understood w
print the complaint Of the plaintiff entire, as foewss
THE COMPLAINT.
C1D Of ketr- YOTk.-On the 18th day Of February.
ls.5 he plaintiff complains against the defendant thst
before and al the time Of the committing by the dcfe0d
An, Of the vances hereinafter com ainei against the
plaintiff was the Editor Of newspsper published IN the
Cry Of Ney-York called IN Ne~, 0rk herad' and
.l,6 known As and called The Hraid and before and
at the said time &C, The plaintiff was resident oe
zen a the State OF New-York aud Of the Unted as
hui . native Of Scotland, aud known and caiIed
scoch, and the matter aforesaid being 70 Tue ueienaa
well known, be-, the defendant ma'iOusy intending -
uiure the plaintiff and tO nlure him a. such editers
ard TO bring hun into public scandal infamy and DIS
grace and Il bring him such editor INTO public 90 <n-
cal infGmy and dsgrace, DID, on me S1a Gay Oh req
ruary 1855 write, compose and publish and cause soa
,ocure 10 be composed written, printed and publHhcd
Of and concerning the plaintiff aud of aud concerning
the plaintiff "a such editor and Of aud concerning the
matters aforesaid tain fa.e scandaous, malicious
ard defamn,ory statement containing the false scan
dalous, malicious ard detamatory words and h,uroa
follow ing of and concerning the plaintiff, and OF ana
ceming the plaintiff a. such editor ana oil ana con-
cerning the matters afOresaid, that Is TO say;
"THE CASE OF FRY Ggt. BENNETT.
a. CARD PROM Mr.. FRY.
"To THE PUBIIc: When james Gordon Bennett u
The York Herald Sh az editor drove one weak
ind
bodied ones TO horsewhp hin through the of NewYe
when this Fix years ago deoversd In me the n
mail and one who goored the existence of hi. pol
ued Journal by wthho dug from adv rtiemens aud deny
free i-when th IbmAsity OF the Pres. perceived he bl.
occupation IT. OAR he formed deliberate plan TO stssk
me hrcugh columns h. controlled With cabocsl aais
ay oush, business, and blast my ehsr.e'er le
hi. tn theapcai printing the black mail profit. upo
whhL profits and above wss' any S should chang
ed nd still 4 chief VI his paper
" With this v-w for several mouths he published almost dsL
columns personal abuse aud defamation Of me in the xass
criticism upon NV operate and tho operate
fomauces He stated that the Astorpsce Opera House ws
the resort OF prostitutes and gamblers Mnouse
only patrons the respectable people OF Newfo
aborsh hundred Subscribers OF that Class nshny
attended the representations and although the example was
by for the fist time In America 10 that Opera House e
well in the enc in Boston and the one IN rhadephs Wise
under my control Of closing all baEooms M the sale oil 2ss
and Of excluding all improper person. tie n sno
tSsm ont Of their money was one OF empoyed-
though he we'll knew that every dollar OF that money
Of the late Mr. Foster J rustee appointed by then
selves who did not aud could not pay over any portion Of u %
with them He pubhed lying statement that the opera In
Philadelphia under my management hal burst up and e.ded
reiterated statements and PREDICTION @hor Ga the .esee
in Philadelphia had that time been fully COMPLETED ey na
promise announcement made IN regard 70 u hsi
been fulfilled The letter and although he ses,on here noe
hal had failed vas in Ike manner caneJ through sud al
be fifty promised to the Subscribers were yes
fore and behind the curtain could not keep the Opera
m and Led those Who OF sna derived mac
supporting the Opera from them when ,.Ss r
speaking scquan,anee with ,moles. ana Asay
thoroughly desped gambling in ap as the moanest and
lie and abused the I.ic, and gentlemen ~hs
ofthe Opera the subscription ashu.
and so roicued the extra nonsubscrpton nshto ths
Ibsd for the profit Of the forced u
abandon hem bis statements that on these nights tho houso
was parops,d BY the lowest vulgar aud yie<t of ths
people cr,dulOus enough 70 believe them
Without shadow o foundation for such charges be accused
me OF canceng with artists tor he purpose Of ches
ing h,m Of hpg people to write saDdeIous article, on thst
hiss ID, be Openly bis newspaper aud secretly
thuge h missary ReVo eaued serious mI'unders andns
three dsafected msmee OF the company snd
myself be melting them TO a ms to u u.s. me oet o. the s
not in this he editorial article Ia rhe Herald sd
vsed the Opera Company Dyed by me 10 beak thar en-
geeemeL leave 10 body and go to The Broadway rheae
and set Up for themselves
He moreover the eserce Of what he calls his right sn
peared tere the audience 10 address Them Il wa. in my
ayer,e character Of an ape and furthermore that was
Isndsoy Mrs. Ede for board And, By way Of Psrss
practice thar his trial. when wished TO duce this LADY In
prove bis assertion miserable lie was tod by my
counsel could do because he had not made stsmp
Anc here let me state that the dlsgrssef fact must b. sd
mei tha, no other American Journal the time bels
were published crcu'sted in Europe extensively as TAs
Herald qh. circulation Bennett had obtained by ssndos
bers Of ef coes TO European editors &c
The London Times too eager to copy derosstoy
the America always found Ia the jour
the Scotch vsgsbond ample supply Of such msi
These eeous article. about me- ana espeay sae ~
published steamerday tor The European MAJ were copied
into papers, he result be et by musical agents
and musical there that had, as he termed i bura
up the point 81 dong soi oeief which pro-
vented my there from closing engagements with soma
sused artists ou which should have derived great
profit; o,,Ao ~ ,h.,,... ,,0a., T., ,vh,,h n.
attacked aenaed enterprise the support ofs largo
portion OF the public and caused the pecunay Of
haab
flied my eugsgements with the subscriber. aud the public Of
New fors PhhsaelPhis and Boston ents,ied on ns 'os
whppings others bad administered bad failed TO change ms
avsieious and he h instincts inc bin 70
continue always the buness Of exortins money BY lies sn
des sLd threats reso we'd TO make an Example CT him. ssd
punish legally ther, fore selected about dozen oat Of
b. hurd lbes be had published AZ and commenced
civil He perceived that his case wss
eugsged seven lawyers and among them all rses from
d sished bers Of toe profession down 20 the
Tombs peogger who had the r.k Of being do esd e
Sing sing charge OF perjury With the aid Of this lego
army be managed have the trial put on upon one petsl
another for five long Jearshe Judges never seeming 70 thh
justice be justice, should be speedy a. well certain
dead and them Judge Noah who had told me ne VS.
ready the stand at any moment and sye evoeooo
times under publishing in The Herald this name Of
who happened 70 bs In the house of aons
fro him sums in all amounting *I3 900 and that
with lh large amount Of black mail, which lad ts
his fortune he continued 10 demand more and
finally Grove The poor man 20 commit suicide 49,,
But sndrg my loss Of witnesses by death absence
nom the city, and all by fear of s,tscks from 7As
hyaI for appearing against hDo,wihsanding all this and
Benefits host Of lawyers, Intelligent jury In Decenbss.
1875 when the lAs came 70 ta awarded tho sus,
tamaEessx OF the Jurymeu having stood out TOR
loo claimed bGi having at last yielded 20 thu
other sx IN Nng the dausgs at $4,000 From 70 two
yes Of The delay granted TO enable Bennett 70 obtain from
Europe the testimony Of former employee q hone Revolt
which opy u perjury This Revolt th:
opy msa remark n PASSING connected WI Tas Hs,af
Oie with whom ever bad speaking acquaintance VS.
introduced him French teacher bat when soon stes-
ward discovered he employed 10 Ihs HsTaid Once. a.
course hin This Time before undertook thu
OfeIa anss neut and Revolt not ts ehisrned at my
trra fltu. II LiU.
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