The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-17
SANDER rmene tho "SSood Anselss Of the
Episcopal Church OF Brooklyn.
MARINE NCUET.
P,fnnc Hon. lud0e Thonnaon and a an.

Episcopal Church OF Brooklyn.
MARINE COURT.
Before Hon. Judge Thompson and Jury
rSs- I6.-lSosSsI Green J.. H. Ho6ert Bro.en-Ihs
action for SANDER. The parties are members Of
The church The defendant is a cergymsn In Brooklyn,
and was rector Of Protestant Episcopal church known
the "Free Church Of the Good Angela me plaintiff
one of the wardeus of mis- vesty The plaintiff complains
that in June 1857 the city of Brooklyn the defendant
rtoneng to inure and defamc him. said TO Spencer
D. c. Van Bckxeen that when NJ Green left the city
short time previous, his Virginia. he went there
~ his defendants brothers agent purchase certain
mining lands and that his defendants) brother Jamer
h. Brown) furnished him with the funds make saipur-
chase and thai M Green had purchased the lands in his
own name, and was enoeaYoring to hold the property
for bis own benefit, and thus defraud his (de
fepdants) brother. The Row. Mr. Brown also
said be was confident that Mr. Green's actions
had been OF such nature that the proceedings his (de
fendsnts brother had instituted against Green would re
suit IN his being sent 10 the State prison. The SANDER is
also alleged 70 have been spoken TO other parties, who
were vestrynjen Of the same church
Mr. iison, in stating the case for tho plaintiff, said
hat !. was very unusual suit aud of character which
so far as he knew very rarely came before oours OF
justice. The brought for S60e-the full jurisjic-
lion Of this Court 1t might have been brought in court
of greater urisdction but money the object of
the plsnti He merely desired 10 vindoate his
from the accusations made against him by the defep
snt ho the rector OF the church Of which the pa,n
church warden, appears that in former proceed
ipgs between Mr. James E. Brown and Mr.. Green, Mr..
Brown applied to District Attorney Hall to procure
dctment against Nj Green but that gentleman, look
ins into the case, retlscd 70 send the matter be
fore the Grand Jury, and said that IL there any
charge against Mr.. Green he should be taken before
magistrate, where he would have the advantage of
animation; accordingly, in July, 1857, the defendants
brother caused Mr. Green 70 be arrested and brought
the Tombs and he Of Roswel Green for perjury
was published IN the papers He however admitted
to bail After several Intellectual efforts the part OF
Mr. Green and bis counsel 10 bring the before the
Grand Jury in order that PLAINTIFFS character might be
vncicated they succeeded and the Grand Jury ignored
the BILL and there the charge Of perjury against him
ended.
For the defence it set up that II the words were
uttered they were spoken in consultation with vestry
for the purecse of ssnderDg Mr. Green but for the pro
lection and benefit of the members thereof
Charles Babcock (brotber in law OF the defendaut)
sworn, deposed thai knows the parties to tas suit
reside in the city of Brooklyn, Of Clinton and Bal
NC streets; was warden Of the church OF the Good
times numerous communications TO respecting Mr..
Green, which can give general outline Of he said that
he had evidence which compelled him to believe that Mr.
Green not honest man, and that with regard the
Virginia matters he had been guilty of offence which
ought 70 send him to the state prison. gave
son for giving this information the fact that Mr.
Green was co warden With me in the church, and be
cause Mr. Green OF committee for the purchase
of land for the church he (lr Brown) thought il his
duty TO warn us against him. Mr.. Brown had resigned
rector nj that time he may have sent in his resgna
ton, but don't recoect that il then accepted Mr.
Green and his family were attendants at the church
At that time; cannot be positive that Mr.. Brown nd
HnlsteTed the sacrament the church Mr..
that time Hr Brown spoke Of his brother NJ James T.
Brown, having entrusted Mr. Green with money 70 pur
chase certain mining lands in Virginia.
Cross examined-Mr. Brown, the defendant, and are
married TO two sisters relations intimate: sup
posed his conversations about Mr. condden-
tal, and kept thom such the defendant and myself
were instrumental in organizing the parish think Mr.
Brown mentioned more than the legal proceedings
hen pending and that they calculated TO send Mr.
Green 10 the State prison but can't recoect that was
before the 9Th July; am an architect.
Re direct-Mr. Green was active member OF the
ahffr h. NJ Drrr lf.-t
wards him: he visited Mr Greens house have no re-
collection Of ever meeting him there.
Daniel B. Whtlcck, another member of the church
"Good Angels Brooklyn, deposed that he had con-
versaton about sone decision IN matter betwoon Mr.
Browns brother and Mr.. Green; Mr.. Brown sad he
had been guilty OF crime for which he would probably
20 10 the state prison.
on examination Mr. whi,lock stated that defen-
dants object In calling him relation TO the new
parish (st Georges, Beesman street, New York;, TO
which lac was gong and that what the defendant said
him about Green was IN TO questions he put as
to bow matters were going on between Green and deten
dants brother
The plaintin rested his cae
The defendants counsel moved 70 dismiss the complaint
the sound that no malice in fact Of probable
cause. had been shown
That motion was denied and defendant excepted
The defendant then put in evidence the summons,
plant aud answer the supreme Court in action be
tween G. r. Richards and others against Roswell Green
and others-the complaint in that case alleging sub
stance that Green about taking the land in Virginia IN
his ovn name and pray rg FOR an Injunction restraining
him from doing and The Injunction therein granted The
defendant also put evidence a complaint against Green
the suit in Supreme Court
Spencer y. C. Van Bokkellen (Anothcr vcstryman)
for defendant, and testified TO the state OF
facts 10 by Mr.. Wh;ock-,hat the occasion on
which the statements were made to him at time
when the defendant called him about church matters
At this the Rev NJ Brown vas aim nstering the sa-
oramcut N the plaintiff
After some further testimony the case was
adjourned a. Thursday tins beng Ash Wednesday, and
day observed BY e church. and Of course By the Good
Angels"