The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-13
DIR. Dlaisds1i's Label Salt against the Times.
srFREME COURr-sPEC1AL TERN.
perora Hon rudon Clerke

Before Hon. Judge Clerke.
JrSR IL Allah BIoldcu -. Jas IT. Raymond and
Offers This action for an alleged libel published in
the Daily Tm, of which the defendants the proprie
The defendants to have certain passages struck
Of the plant the ground tina, they consist OF
docs properly framed and not supported by the
published nisle containing the supposed defama,ory
ter The deftpdans council refers 10 authorities whsh,
he msin,airs, irrecobcabe the subject OF ngen
IN complaint In this descIlptop Of action q
these authorities he insists dec ling that Ing
ssue ibpendo Is bad while others decide that s
truth or ialsetoSd can be determined by TIE Jury, and
ta therefore an answer taking issue on Is orc Der To
avoid the perplexity and dnngr their defence which
beee supposed ufctng dec sions OCCASION the dcfen
dams ask either to be relieved from the necessity OF
ing these passages In the complaint, by havng them
struck out II they should them, thai they may
90 under the sanction OF The Court An
scton Tor spoken rit.en defamation Ia somewhat sui
pcpoe; ard II rot always easy 70 Distinguish be
tve.n what should the trial, be decided by
the Curt and what should be left 10 the t1ry
when publication 10 indirect and ambiguous In ils
terms that lis hbeous tendency "a not apparent
iace, Auinsc circumstances muss he ayerrcd and The
inuendo 10 Jain the application OF the words employed
in the oer,ive publication, BY connecting the with tho
exubso circumstances previously set forth n the induce
The Judge here cites to show the purpose
design OF ouendoe.. But the passages Ina tue
plant which the defendants take objccto, nuendoes
IN the proper sense Of the erms Nothing more Ger ain
than 'ha II the province OF the fury To determine
the meaning Of the libel Il " merely the duty Of tho Cont
W d. IRE vh,t oonst us H. referring 10 the jury
siio Of the particular publication, and showing them
70 ssy ~hether n comprised within that definition not
this 90 assuredy allegations In the complaint that the
pubbcator imputed certain lines 10 tho plaiuud-in
other words, asserting the meaning OF the words
planned Of only asserting fact the truth fasehooi
~ ~bch the Jury have TO decide The passage. which
'be ocfcndan 10 have srcl out vionsy
red for the purpose OF explaining exrnsc fects pre-
vovsy W.. forth in inducemcn for purpose OF
Connecting the ofeDive words win these &c -; thls
would DO question OF form exclusively for
the OF tho Court bet they
ion ~ h. impert 81 the publication sef, which the
plaintiff is right constitutes The inury for skcnbs DO
redress The passages there sought to be stricken
present the p~eeise poDts which tho jury
pass, In short although bearing the ebsocs OF lnuer.
Goes they alles atone OF issuAbe fs.s unded oov
ing tho heory tho plaintiff upon tho contained
IN e pubbhed article set forth In the compliant Molten
den,ed, without costs.
the causc ri IN The ebove case, will be reco-
leced sro~e Of article In che Ts respecting
mu,oer cf Dr Harvey Burse OF 81 Bnn1 street, In which
IN. Bsisdell alleges that he was hbeod. Damages are
Ara en-