The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-11-24
Superior CouTt-PArf I.
Before Chief Justice OAKLEY

ACTION FOR LIEEL-aREELEYs COURSE THOUGHT
TO BE UNCONSTITUTIONAL AND RUINoUs TO THE
WING PATTY AND TIE TEMPERANCE CAUSE.
NV. .5.-Sdco6 Leuis rs. Horace Greedy anl Thomas
McEhcn The plaintiff in this case Is an advertising
agent and the defendants publishers of the Tribune
newspaper On the Goth of February, 1885, there ap-
ptared in that paper the folio wing paragraph which Is
the subject Of the present complaint -
CI1y hEas--We learn that a person, named Jacob
Lewis, Who Is going about the city soliciting advertise
meDts fox some q ctemporaries, of gain
Il bis enc Incidentally informs the persons whom he
sobc's hat ihe III nne is ON tho verge Of ruin: where
lore to advertise in ttst paper any longer would be
much meme, los This statement Il made with nm air Of
lncsledse ard with eoiled explanations that ase cal
culs,d mpose the unwary and, in Instances
which have 10 our knowledge have actually done
Ae notice he proceedings OF this Mr. LIE wis merely
10 readers that these statements are perfectly
sie and that The Titne despite the hard time now
ia m,st prosperous condition. Lei those who may
hereafter have anything to do with the Individual IN
question, dtIust lin as they would any EXPOSED and
not us sNibdler.
Ismage- laid AZ 81, 600
John . Bon depcsed that be acquainted with lie Wis
from bis soliciting advertisements has known him Cor
twelve fifteen months soliciting advertise nen Zoe
various urras; don't XII ow that be had any other bust
witness had given Lin good many advertisements
for The 7nae and other papers did not &c the article
comIoine ~ Till two days after its publications.
days after The article appeared he asked TO aa
yetise in the T.tne; went to the Tribune Office wi
Nj. lewis to have the article corrected We saw Mr. sire.
begh; went up stairs TO zee Mr.. bona; Mr. ID askea
in an, instance had hoard slr. wi, tradnce tho
Hsitn, aid had not; Mr.. Dana then said he was glad
he hs' m opportunity to expose Lewis as he sSind
Ter, and h would show II.
s Eenoe wa, called for def nee and .sepoed that
IN febiuaiy Iast he psnoore manufacturer heard
conversation between Lewis aud Mr. Tly Lows sad
the 1sne was io.ing money and unless they raised the
price to Three cents 1t could not last that Mr. Greeley
about going into another bu siness and Mr. Mcrath
was Iresidc,t Of the Nassau Bank; and among other
things he said the circulation Of the Tribune about
IL 600; that they were paying large salaries that Mr..
Gyeel.y's constitutional (laughfer); that
MIR Greeley had ruined he Nhg party and sacrificed the
temperance 10 elect Seward (contin aed laugh
teri; and that Greeley was an uuprinciped man Lewis
was soliciting advertisements at tho time for New
York daily Times; en- led into the Tribune Office
Tain Il 'hs was fact Mr. strctegh asked sny, and
told him The reason had previously heard tLa the
subscription list was 70 o00 Lewis said they ioing
money generally.
Nothing material to the issue ecited the
J.. W. sTncia,and, foreman of the Tribune, Opposed
that me circulation OF that paper the increase in
February, 1855.
Cross examipaiion-Could not tell how many or the
number were unsod old not ioclude the weesy ia the
estimate Of the circuatiop could not tell whether the
TiLsne.
Robert NJ. s,rebegh deposed tina; he has charge Of
the advertising department Of tho Tribune; when Mr..
Lewis called respecting the paragraph witness offered to
pub , an article over his dswis name in explains
ton but said that they could not themselves retact
what stated in the paragraph they had IL the
authority Of respe able gentleman Mr.. Lewis never
planned Of If he had would have published IT, Charles
A. Dana wrote the article the defendants knew nothing
Of it previous to its publication; communicated the
facts to Lana; heard them from Mr.. H.. W. Bennett
who has BIZ examined here a witness.
Cross-examidcd-l am part proprietor Of the TiJuae
Town one tenth share.
Counsel Tor plaintiff moved to have the witness tes
pony stricken out as he was an interested party
The Court refused the motion.
Cross examination continued-Dana Il part proprio
tor tie Witness witness II interest In the
result witness would Willingly ray his share Of the YER
diet, because he felt that ii could DC much laug
ter)
Counsel thought that when the case was through the
witness would lind himself vegy much mi taken.
The Court charged that the article hLel'oas. 1t
waa wsver for the jury to say now far 1t lstied
and it for hem also to estimate the OF daull
ges to which the paintiT was entitled.
Verdict for plaintiff s2c0
ACTION AGAINST AN INSURANCE COMPANY.
Snlih Sheldon cs. The BcelmGn lire kisur0rcc Conf
Iong.--ilis action TO 81, 600 roey
Of insurance quantity Of books ia No. - Nassau
street granted to one Lewis Colby The insd
Effected Tie 18th March, 1854 and in tho following
sny The policy transferred by he agency ol bro
ker the pay men of the Of 49, The transfer
to another lot o books in 10 of the same street Tie
policy i9ned 10 plaintiff who was = partnet Of
Colby On the day after the SER explosion nf
took place, and the property was damaged by Gre
ard water to the amount OF 81 100 For the delclee it
oontended that at the time Of the transfer the own
OF tie books Of the defsct ia the gas
PIPES, and tat the broker did not inform the company
OF the cosed risk. Verdict for plaintiff for amount
claimed wi interest The Court allowed additional