New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-05-18

but only 70 enable the desndan. the better to prepare
hims.fso meet the complaint n this seon
K A. rsow.os, JSas-.
THE JUDGE susr.Iys BENNETT.
Upon the above affidavit, Judge Thompson male
the sukjoined orders
On the preceding affidavit and the plesdngs in this
NE ct the Chambers Of the Marine Court OF the City
Ct NswYcrk on the liih inst. q " O. m why an or
Ger should not be made that the plaintiff deliver,
within time in such order 70 be named, 9 further
and better bill Of particulars OF the items OF his de-
msrd setting forth the date of each item OF service,
the subject matter TO which such item referred, the
sutject Of such Article, 80 ss 10 enable the defendant
to Identify the same whether the alleged articles were
OF were not published and as to such we're pub
lished When a. where l.pecying the page and col.
uun Of the paper the same were published, and also
the subject matter the dates OF each alleged con-
sats,ion; ard that the proceeding OF the plainth Be
Dated Mar h IS 1854 A THOMPSON, Judge.
A LEGAL cosBAr-rRY JUDGE oNDERs JoBsos TO
DO SOMETHING DIFFICULT.
Upon the return ofth;s order it was argued by Mr..
Gabraiih Tor the defendant, and Frederick b. Suif
for plain tf. After the argument the Judge made an
order as folows:
A.. pee. Term Of hi. Marine couT! hell 10 and for The
City otNew.Yort The lab day Of April, 1852
Present THoNPsoS, j.
On reading the anne 1ed affidavit and order 70 show
cau.e and after bearing Benjamin Gslbrsth OF
counsel for the defendant, and Frederick Is. SSt OF
couosel for the plaintiff
II is ordered that the plaintiff deliver within zen
dsys to the defendant bill Of particulars Of the items
Of his De msnd setting forth the date OF each item oil
service, TIE subject MISTER TO which such item refers
the suh ct of such article, go as TO enable the de-
,ndant to Identity same whether the alleged articles
ere or were not published, and as TO such as were
published when ard where lspecfying the page and
coluu of the pape' the same were puohshed: ana
also the subject matter ard the date OF each alleged
c, bsultatn ard that the proceed IS OF the plaintiff
be stayed until such particulars are delivered.
Dated April H. iSS ,.r
On the Dist of April, Judge Maynard also granted an
order in nearly the came words as the above.
Jopsoy DOES Ir-BuL OF Particulars.
In compliance with The order, Mr. Jobson filed the
following bill Of particulars:
stated .Sn to M Benutt the 9Th IO, OF October
1871, but net published for reasons already mentioned
RI. .sod the p.iS doe. not the date. but
The tbd "a, Mes Mrires) was reproduced In the defend
ants paper The Family Herald of DC Ober H. 1887 page
The fourth Biapes also reproduced in sane paper
r Ea'g S'@S e OF q p'ss o,s % published in TIE
Dff H. % .,t. Of on o ss ss.np. ais. Daily
delivered Bennett 81
Everett. Hcu,e on or abb tut the 18th of Oct 1871
The articles on Dsne Z. sekles delivered % Bennett
at the place, viz Everett, House, on or about the oh OIL
Tie article en- Graham ard his delivered on Or about
i IN ,h ss' un d o eoaits of N~s.YorI
10 The sicle Earl FIh.tinse ind Royal hes
the cTtr OF the latter during the month OF
H. visit. paid Ss,Tssp 0csbs s and Decor"
Der as already mentioned FREDEAlo b. s"rI,
Plaintiffs Attorney
JoBsoS RATHER BEATEN.
Above articles, Nos 10. were MT published and no
with thu order Of Justice Maynard made April o. 1885, in
| Ike ,uit FRED. b. SWIFT. Plaintiffs Atty
BENNETT MAKES ANOTHER MOVE.
COURT.
David Wemyss Jobson ss. James Gordon Bennett.
b,s6 Of ssd i ETY. being duly sworn s.ys That on
TIE 23d day of April met. bill of particulars copy
of which is hereto annexed, marked "A, under an
for S oIs OF .ss ~ the or hSn s
COW of which is hereto annexed marked "B;" and
deponept further says that the said bill of particulars
s Insufficient in this that it does not comply with the
Of tie said order Of the said Court in
respect to the fret second, sixth, seventh, eighth
1ibtb tenth and eleventh items Of said bills, some OF
which said itt s the plant offers to withdraw rom
his complaint in said suit and deponen mt says he be-
l.ves that the defendant has good and perfect de.
ferse in this action the merits thereof and he did
Tot ask for such particulars to hinder delay the
plaintiff, but only TO enable the defendant the better
to prepare himself to meet the complaint in this ac'
| ton. BKNJAMIs GALBRAIfH.
"A. THOMPSON, Judge
JoBsoS Is CAST ~ COSTS.
Whereupon the Judge made the annexed order
are t.Ie,o nsIsd let the plaintiffs strney show
Of TIE Judges Of this Court at The Chamber. OF tue
a: eI occcs Why in default Of having compyed with
the order Ct his Cort respect 10 item. 10 AID
ps i houo prcIuesd giving syience st the trial
IN support Of aid i!'m and u The meso e st a. &
10 . Ti Ss a b. .a,'' and THoMPsoS J%ds.
NtV-Y@k. April "a, 1853.
But HE CONES THE WORK AGAIN.
On the 9th of April, Mr.. Jobson made the affidavit
which follows:
MARINE CsrRr Nkw-YoHk-David W. Jooson Sst James o.
Bennett.
CITY and COMFY Of Nr-York, ".-Dsvid w. job
son plaintiff in the above case, being duly sworn Gays
Il az on or abou. the yth 10th Of October lS no
delivered into defendants hands, atthe Everett House
10 tLis city the manuscript OF the theat'cal criticism
Cd MIS- Cushmsn in the character OF Romeo, with
wbIch the defendant on the following MONDAY, tne
18th Of said October expressed his high sasitcti0n
but ar1ourced that il had not been published IN con-
sequence OF having been anticipated by anotner pa
per in def ndsnts Journal on the previous day namely
sunday the nth Of October; that defendant then or
derd plaintiff TO 20 again to Burtons Iheater ana
write another article on the said Mss Cu,hman,
"prsisirg her up WELL" which plaintiff DID, aod
the following day that the said 18th of Ot.. 1871,
plaintiff delivered into the HANDS OF the said Bennett
st ssd Everett House, the art,le on Post4 Reform
that tie 18th CT sad month Of October pantIn de-
iyered the manuscript articles on Daniel r. Sckles 10
laid q. said place with mnch valuable inor
nation concerning the raid Daniel h. slckes, ana ms
alleged introduction Of public women INTO me ASSEM-
Div OF Albany his alleged robbery Of the foa1way
PtstOiee, lis alleged attempt 10 ae'faua quo
bic. an ironmonger out Of money On ifaudu,ehI
or.oape and II isl therefor his alleged SII in it'