The Nevada journal., 1855-10-19
Bennett and Frye-Libel Case.

suit recently institutrd in New York by
Bennett of the Herald against Edward P
Frye. The developments concerning Ben
nett, and his conduct of the Herald, in
volved in this suit, are of the most inter-
esting character, and evince shameless
Profigacy on his part unequaled in the
civilized world. Some five years ago, Mr..
Frye was the manager of an opcratic COM
pany in the city of New York, and refus-
ed to give to Bennett his printing, at the
added price charged by Bennett for his
"pufs," in the shape of black mail, and
Bennett declared his determination to
break down Frye and his business. To
this end he commenced the publication of
a series Of libelous articles against Fry ye jas
serting that the Astor-place Opera House,
used by Frye was the common resort of
prostitutes and gamblers, although its only
patrons were the most respectable people
of New York, and although Frye took
especial pains ito exclude all improper
persons, and all liquors from the establish
ment-that but for the patronage of gam
blers before and behind the curtain Frye
could not keep the establishment open for
week, although Frye was not on even
speaking terms with any gamblers-he ac-
cused Frye with swindling his subscribers,
although Frye at loss of $25,Ooo 10
himself, faithfully fulfilled his engage
ment-said he had burst up in Philadel-
phia and Boston, though both were false
biackguarded and abused the gentleman
and ladies who frequented the Opera
House, and kept away respectable people
from attending it for fear of his abuse
accused Frye of swindling his employees,
and thus kept him from securing the SER
vices of artists in Europe-said he did not
even pay his board-and by numberless
modes attacked Frye, so that he alienatcd
from him the support of large portion of
the public, and cause failure of the en-
terprise.
Selecting one of this series o. libels,
Frye commenced a libel suit, laying his
damages at $4,000. Bennett employed
lawyers of all grades, and managed to have
the suit put from term to term of the
court, till the lapse of five years, when
some of Frye's witnesses were dead, and
others out of the way; but Frye got YER
diet nevertheless for $4,000.
On point of the shallowest technicali-
ty, Bennett obtained a new trial, and then
published an article asserting triumph
ant claim that he had vindicated the rights
of the press, and come unscathed out of
the ordeal that personal malice had pre-
pared for him.
This drew out a bitter and scathing ar
ticle from Frye that constitutes the basis
for the action for libel of Bennett VS. Frye,
in which the plaintiff claims $40, 900 dam
ages. The article of Frye is most able,
and exposes Bennett from the commence
ment of his career, and styles him Scotch
vagabond. The complaint, with usual
inuendoes, sets forth this article at length.
The answer is a master piece. 1t pleads
the truth in justification, and sets out
divers SANDERS published since 1886 by
Bennett, sets out that Bennett exacted at
various times the sum of $4,000 black
mail from an unfortunate merchant whom
he discovered was in the house where
Helen ewctt was murdered on the night
of that tragedy, under threats of exposure,
and finally drove the unfortunate man to
suicide. His levying black mail on SOL
vent merchants in the convulsions of 1887,
under fear of being published in his paper
as having faiied-upon banks in various
parts of the country for the same reason
his treatment of Fanny Elssler, who sue
cumed to his demands, and whom he al
ternately bespattered with praise, or
abused as foullY when her gifts varied
in value-that he employed a perjured
Toombs petifoger to swear to his answer
in the case of Frye VS.. Bennett, &c. In
fact, the allegations sworn to in the ans
wer, and fortified by extracts from Ben
nets paper, comprise series of shameful
practises, that indicate mind sunk to the
lowest dregs of dishonor The publica-
tion in the Tribune will give an unenvia-
BILE publicity to the matter SO far as Ben
nett is concerned, and prevent the posi-
bility of any jury giving a verdict, even if,
as is now moved and the question still
pending, there is stricken from the answer
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