The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-22
The Mercantile Agency Sued for Slandex-
Modem OF the Defendant cor . Struck Jury
Denied.

The Mercantile Agency susd for SIandex-
modem OF the Defendant Eor q Struck Jury
Denied.
SUPERIOR COURT.
Before Hon. Judge Pierrepcrt
JAN. 21.-W. L. Ormsby Us. BENJAMIN Do,.ofass-7x1
Mercantile Agency.-The plaintiff, W. L. Ormsby. ia
bank note engraver, and stgmaaized by the De-
fendapt a counterfeer. The suit was commeooex /.
September 1854 but for various has been post
poned from time 70 time. The defendant applies for
struck jury, alleging that it is an intricate one requiring
struck jury Tho plaintiff in his aidavt which was READ
by his counsel, says
That this action Is for slanderng him in his business 4
bank note engraving and printing and the alleged Sian
derous words the import that he has been engaged
in counterfetng and cOuuterfeter that said action
was commenced September 1854 that by various Legal
<chncaies and from the of pleading pursued By
the defendant the final not served until the
month of March, 1856 that deponent has always been
anxious to bring the to trial but has been uniformly
opposed by the defendant although he has at all times
been ready, and with his witnesses in court six
different occasions; that the upon the day
calendar at this time the express agreement and
Outstanding between the attorneys Of the parties that
should be tried as soon reached that is likely to be
reached at any moment; and deponent believes this me-
ton made solely to delay the trial further contrary u
express Understandings that he has made said business Il
years, and has always held a high and honor
able position among his fellow craftsmen; that n
consequence Of the Islander uttered by defendant,
as manager Of mercantile agency, the business OF de-
ponent has been greatly impaired and every days delay
positive injury 10 this deponens business and reputa
ton that unless he have fair and impartial trial Il
said action speedily, he will be utterly and rretrevatly
ruined and deprived Of the Of earning living for
himself and family that this deponeut feels the keenest
anxiety try the case as he looks upon as no less than
trial for felony and he asks only that he may be tried
by an ordinary jury that the business of manufacturing
bank notes under the present system exceedingly sim
pie and mechanical that the instruments used are few IN
number and readily comprehended and understood by
ordinary minds that the technical terms Of the most
simple KIND and that the process of transferring and re-
duplicating the various parts OF bank note readily
butter balls and is even pracsed by the most ordinary
and terae mechanics; that there is hardly trade o.
profession Of any kind simple easily understood and
practsed which fact accounts for the vast number a
arrests for counerfepg among the lower order Of
ciety well for the of counterfeit money
in circulation that this deponen has known of
where ordinary brass worker instructed in the
use OF the bank note engraver, dies and press
in one day so thoroughly as to execute work almost
readily and as well q practised hand He admits that
the handiwoTk of eDgravers can be identified by each
other as readily as the handwriting of DO
and that the handiwOrk of depoDent be readily
identified by those acquainted with as that Of any
graver in this city, and he AYERS that each and every
charge of counterfeng in the answer and reiterated in
the affidavit on which this motion is founded is base
and malicious SANDER utterly without foundation, and
devoid OF truth That he is the author and publisher Of
large illustrated quario volume the subject Of the
present system of bank note engraving showing its insult
fciency to prevent countereitng, and recommending
better system in place of it, that this book dedicated
to and intended for the Of bankers that only FIVE hun
bred copies of said book have been sod al from five 10
ten dollars copy, that said book does not teach how
ceuDterfeng may be done except go far as necessarily
exposes how it actually done that false idea Of tho
teachings of the said book circulated by certain CAPT
tasts and agents engaged in the engraving business
the only way to the arguments for abandoning
the insecure system that this book has received
the highest encomums Of the press; that not one word,
10 the knowledge of deponent has been published
against said book in any newspaper or other
that this book published In 1882 that the ae4atioG
OF defendant to the tendency Of this book Is wiA
perverson of truth and this deponent believes made
by defendant with view TO njure vex and annoy de-
ponen that said book has the favorable notice
Of the Bank Of England Bank OF France Professor f. B.
Morse inventor Of the telegraph Thos Ewbank commA-
sioner OF patents f. W. Edmonds OF the Oldest and
most eminent cashiers and of old and eminent bank note
engravers generally who have retired from active bus
and have pecuniary interest in the continuance a
the present system Of engraving bank notes-a system
profitable to them as ii is perncious 10 the public. Thai
the new system or bank note engraving recommended In
said book approved by twelve cashiers and presidents
Of largest banks in the city of New York. that this
approval in written certificate, the original Of which
that this deponent has unwittngiy incurred the i'll will C
certain capitalists engaged In the business for exposing
the secrets Of the craft and holding up the system -
public view; that If such men TO be examined wit
nesses their jealousy and envy will be easily compre
hended and understood by ordinary jurors the same
vices any other trade profession that the de-
PENDANT is the proprietor and manager of mercantile
agency New York friends and patrons of which are
confined 10 the mercantile community and moneyed
generally and that the defendant, by Of struck
jury, would have more favorable opportunity Of obtain
ing preponderance OF such men upon the jury TO tho
exclusion Of mechanics and artists and that the probab
htcs of disagreement OF such jury would be greatly in
Crcase1 which depOnent 10
reputation and business II the jury should find
dict against him, for nothing but entire acQuttal
can relieve this deponent from foul a stain;
that all nearly all Of the charges Of counerfeng
specified in said the necessity Of such searching
investigation and nice Discrimination indicated by the
defendants affidavit, TO detect the author OF the work
mentioned, will be entirely obva,ed by the production in
Court OF the artists who actually did do the work And
deponent further says that from what he has learned
since the commencement OF this action and from tue Coz
duct and statements OF tho defendant others
employ, be verify believes that combustion has been
with aid Of Me IN IA
ponent, break up his business, drive him from the
profession other artists have been crushed before him.
and he believes that this motion made with view -
promote that end.
Judge Perrepcnt heard counsel both sides, Messrs
Chauncey shaer and Robert G. Pike for plaintiff and Mr.
Fullerton for the defendant and denied the application ~
the following order
Upon hearing counsel hcreon for the respective parties
the motion for struck jury Ii denied.
The set down for Monday next, and is expected
10 excite considerable interest