New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-08
A LIBEL SUIT OF A PECULIhR NATURE.
SUPERIOR lCOURT-MAY 7.-Befors Judge SLoSsoN
Caroline Randall Va. Moses W. Scott 4


SUPERIOR couRT-MAr 7..Bofo,. Judge sLo''oS
Caroline Randall vs. Moses w Scott 4
This al action to recover $40 900 damages for al
legged SANDER founded upon letter and present of
an indecent nature made by defendant to the plaintiff
The following is copy of the letter which is claimed
by plaintiff TO have been written with intent 10 dis
grace her among her friends and with the design of
alternating her from the affection Of her daughter, Ma
ria l.. Olmstead.
THE LETTER.
"NIwYoRg. Sept. p, 1855
NJ. Maria y L. oim'tead;
though you intimate that reply will not be noticed there
statements in it that cannot suffer to pass lest
rectness womankc you desire the
vance particularly a. You knew could not find my
t. any very harsh things TO YOU But let u: ansyze yor
not address me only that you would not 50 de%eaa
as to come into contact with me Vel nus, confess ms
upo not to be willing Re:t to Rr.o5 on Of
three Mrs o. you can take your place at the head
You ak what right have TO NEEDLE with your domestic at
farsp reply whatever nor haze or do desire 10
Yet you expect to restrain people from making nj,
public nsin indebted for what knowledge they have in
premises the who esaes her hearer. by the hou"
phen they will en with her sayings and doinss at Clinton
and how she will speak to your husband gn ne
Of Notwithstanding her pronenc's to eXpsti'ie most
you are not present but then he do erergh'19
saed" good and dutiful ehd-ss you should be
nothing about the your
in the evening just before you loft there that might break
the charm of the sentezDe above quoted.
sST tho r. % 'Hv had nosn. heard
husbands family connection. from any other .oa5ce Gn
gard to Them interpreted with severe structure, upon him b,
Ms early life attended school kept BY your hostess. who
spoke of him fine boy" adding that she knew nothing OF
Asns family had of there being incompatsbiy temper
between your mother and husband came from Mrs Toueey
called upon the former a ged TO the psint) Will"
Hoddges Hotel to collect pew rent and while ihee was
from her own lips Immediately at = this my WI,
was honored by call at her residence from you
dy a. to be heard by members Of the family in ,uothe
s v hr R Toee w wh d%ns upon the a
subject 1t not until after the family bad thus be
remarks about MI Olmsssds family; and heard nothing
from any S'hsI '' .aSe your mo IN ,rs anS &
rejection, Mrs. Olm'tead, will sati.f, you that to
thst subject for bring myself suppose that
would prposey state what you knew to be false and there
her direction simply the reflection OF your "oheT, IN
yentvs mssDstion aud you are swae as well as au thst
.he ought mot at all times to be held strictly
and It i. on that account that should Pshs. suffered
pass unheeded Others have done both here and in Brook
ISScd when have heard Of some things that been said
by your mother since last met and whch|knowns her
The thought has presented itself to my mind with great force
that to some person. truth Is snse p. 5 imam
vented the taking of other means Of redress which have
Be,ton immediately serwsd and trust that her health has
s Ssg4 q Gees .eem's b.. :mson required
.fer-snd is probably OK If it was not before although
had never heard doubts expressed upon that subject
Not wishing to be out done in hbeTality should have
awarded her the same peTm';Sn to EXHIBIT my letters ha. sac
friends while at Bslston with its perua also an ext
hbiton of bOu which she now prizes more highly
wish to have 1t borne in that pon.b. in
the broadcast sense of the for what has been written By
me either in my last letter in this what wre hero
after in conducting this correspondence to happy tefmna
In replying to your mother. letter purpo,cy avoided
'h n mT ccpOSsy Ia th. lave b-sa in
stain, do So but is without consultation and uHoe
II have not in this communication entertained The san,
Of style and PgIy G ,r Hn 'I S
| tag. Of home education to profit by =,
colueS bT Rer dsusher Ws not f. BY me
'hA shrink from PIoonsDs it, they admire n gcorr
The plaintiff pronounces this letter TO be false, aud
| written with intent to inure her standing as mem
Der Of the church, also 10 show that she had been IN
toxicated and insane. For further canse OF acton
she alleges that in the Fall of 1852 while she AMI her
daughter were boarding in hotel at Balston Springs
the defendant malicously caused to be presented 10
her daughter in the presence OF several persons an
egy and figure of an obscene character representing
a partially nude person seated. She claims SlO,Wc
damages.
The defendant alleges that in July, 1855, ths plain
tiff and her daughter and defendant and his family
|
defendant and daughter taking their board 20 liqu
date an Indebtedness then due 10 plaintiff from the
| proprietor of the hotel, which arrangement was
brought about by defendant and for plaintiff benefit
and at her own request atierward, having heard
that plaintiff giving publicity 70 the fact that
she was boarding out an old claim she held against the
propretress of the hotel he addressed note TO Ms
o. requesting that nothing more be said about It 10
apy person. This note was not delivered 10 plaintiff
til after they had left Baston and went to Southport
Conn. She then it is alleged. wrote a scurrilous re-
| ply. 10 which the defen in turn replied by
| he letter contained in the complaint. In an
| swer 10 the second count. the defendant denies
| any intention of charging the plaintiff with
| any immortality unchasteness, or that ths
| "biiou" was OF an obscene character. He says that
| he sent to her under cover aud unexposed,
email figure in china representing little chId IN III
dress being "philopens present, when she re
ceived lin the light of friendly joke and that she
aferward exhibited il to several persons and repre-
scented il 10 them as unique aud highly gratifying
present bv which she set much store
The "efhgy was exhibited in Court and examined
by the Judge and others with seeming interest MI
Gerard seemed TO look upon il as very innocent l''
"plilopens,' and said it was used Tor an lnSstsnu
An importer Of these goods was placed upon the WI
stand and testified to the hsrmlessness OIL lu'
figure" The case is still on.
|
DREADTrL RAILROAD AcciDEsr.-A teleSrapnI'