The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-03-08
Superior C0urt.-Part Second.
Before Chief Justice Oakley.

ACTION AGAINST THE TRIBUNE FOR LIREL.
MARCH 6.-John Cramley u.s. Thomas AcE.rdth AMI
Horace Grcel-Ths plaiGuf in this case Major Crawley
ia the proprietor and etitor Of the " United States Mil
tary and Naual argus" The deft ndants part
OF the Tribune The plaintiff states that the 10th
April 1855, comp;nt ntaTy benef. was given to him at
the Bowery theatre for his eciori. services 10 the mill
tary thgt the defendants published In their paper
the following libellous article Major CrawIey:-
in the way Of and oser
scientific modes Of initiating cachpeuny as-a OF which I'd
The Bs & for tie Ss Vel
ns or af Is 70 ~ a:
Of the demonstration give hun substantial benefit by an al
cry cents before
S s ae xss % ns New
the Of not very Shsss
he IN s R s
plan take the aS and DO em en-, up brown wsDiy
made hsic APPEARANCE but soon ssce5ssung
disgust ani made ihe way home, with moderate m,sic
through unTequened streets mutering hard words such
The plaintiff claims $40 900 damages
The defendants admitted the publication, but denied
malice and justified N. publication az based on facts
The had tbs Affirmative and their witnesses
first called Captain Sa anderson and Mr. Mitchell,
members OF military companies, deposed that they went
to the Bovery theatre on the N in question but
having heard there that the benef not for Major
Crswley. but f3r Mr.. Geoge Lea, who keeps model
artist exhibition, they left the theatre,
1saac r. Waldron, proprietor OF the Bowery theatre,
6eposed that Mr. George Lea called him to hire The
house for benefit for Major Crawey told him the price
would he $3.50 for the night Mr. Lea eaid he would refer
the matter Crawey and his friends he next
day and to take the house Tor benefit for Major
Crawey; Mr.. Lea Keeps an exhibition IN the B.Sery;
b ion; there figures the sign; the advertisements
will tell what the exhibition Isl Mr. Lea paid $3.50 for
Cross examined-Mr. Lea keeps druggisss shop.
Edwin r. Colston reporter Tor the Tribune, deposed
that helwroe the paragraph complained Of he had rea
to mel tIer raj
had the article before publication the only person
that at the Office the city editor to whom all
local matters are submitted.
Fer the plaintiff II was couenaei that afdavs we're
to the defendants denying the allegations con
tanned in the lioel and called upon them to publish
them but they refused to DO So or to give any explains
ton Of the affair That Major Cawley had suffered pc
cuniary los by fire. and having no insurance on his
be well known, rendered him This benefit; 1t
also commended far tie plaintiff that he osfour thousand
subscribers by the publication complained Of
John G. Cameron-Keeps printing Office in Ann
street. tie principal person In getting up the bepe
Major .os Ssn st up ID s9 with Major
the Bovey theatre for Msjor Crsweys benefit because
was not acquainted with Mr.. Wadron also employed
that do not know Of Lea having anything to do with
the benefit after negotiation concuc ed to take the
benefit on the anniversary OF the battle OF Lexington;
after the first act.
examined-I don't know that Mr.. Crawlev holds
the military rank of major; printed his paper for him
TOR ten years. he indebted to about 800 at the
time for which have mortgage.
Geo. Lea deposed that he is q druggist
No other question asked the witness, only
put the stand TO give the defendants opportunity Of
cross exsmipDg him, but he not oross-examined.
Henry G. Goodwin, one Of the Committee OF Arrange
men,s eeposed to the benefit being got up for Major
Crawey
Joseph NJ. Howeston was present at the benefit saw
that there reserved seats for Of the military
recoect At what time they taken possession
Of but saw the crowd rush into them far know
the performances gone through according to the
advertisement; my attention called to the article
question and went 10 the Tribune in company with Maj
Crawley Of the editors pointed out to US Mai
era Wiley asked him why that ice inserted rejecting
On his character he said he did not know thing about
1t: Major Crawley said be bad affidavit Of the cir
cum and asked If he could not be put right before
the publc the edit gave him sasfac on asked
him to call sgan he did not discalm being ed tor
int think he mentioned the name Of another gentle
man the Major said he only wished 20 have the matter
before the world in its true light; know Mr. Levison
age mt for the Military Argus.
Coupsel for defendants asked the object Of the question
Counsel for plaintiff said he wished to show that
sequence of the publication, he lost subscribers the
N1,fa7g Argls the amount Of - 0O0
Council for defendants submitted that such evidence
WAS inadissabe, ast not averred in the complaint
Counsel for plaintiff asked TO amend the complaint but
n o Court refused u application.
Mr. lea was recalled by plaintiff and deposed that he
had tnohnR Rfurher 70 DO with the benefit thar what
Nj, Cameron stated had previously had benefit OF my
own at the Bowery theatre.
MARCH THE jury brought In sealed verdict FOR
plaintiff for $50, which carries costs.
FAST AND PRAYER IN CoNsEcrIoUT.-The Co