The penny press. [volume] (Cincinnati [Ohio]) 1859-1860, 1859-10-26
LAW REPORT.
HAMILTON COUNTY DISTRICT COURT.

HABE3s CORPUs-A CHARGE OF CoNTENPT.-
In this case, the petitioner, l.. French alleged that
Sabler h Co.. he (Frcnch) being the respo ndaat in
SAID suit, was committed ms for contempt OF Court
IN not cGwplyins with an order Of said Court to pay
him ss assignee, and, claiming that said committal
was Illegal, he now asked to bc discharged.
The Court lind from NE papers handedup that sum
Of y money $500 was collected BY tho frustee, (hr.
ton arising is whether the payment Of hat tar amount
by tile trustee be enforced by the process OF con-
tempt; We arc unanimously Of opinion that It can
n0t-that II IS not c0fipetent Tor any Court in the
State to- enforce payment in that way. In the first
place, because of the constitutional provision that
cases ofraud and in the next place. II is not claimed
that this money was the Identical fund collected.
This order Of the Probate Court is in the nature Of
demand which arises from past transaction, and is
not in tho nature ofa roquisition to deliver specific
property, while the statute contemplates only. the
70 V ReHt IN S oSe
this matter of the assignment; but he had no right
Ss @ Sssh not sS
punishment, and was never, intended IS remedy to
accomplish the purposes OF the suit tTho court cited
The petitioner was accordingly discharged,
j. Gallagher on the other side.
AcTIos roa LlDEL;,-%illiam Wallace Warden ya.
tion at $4,000 for injury which the plaint claimed
to have sustained In his position as business man
by reason Of the publication Of two articles
ia the Daily Times -one the l4th of July and one
on tho 10th July, ls53-and both alleged to be of
libelous character. -...., q ..
The following Jury was sworn; James Giain, Tmo.
thy Maphet A. B.rroSj J. II. merritt, j; Winter,
Magill, d. L. Rush, NJ. Glenn Il. H. Pugh.
The petition and answer were read the latter con-
tanned eight statements of defenson the first place
admitting the publication Of the libeS, but denying
the malice, and pleading as justification that the
matters set forth In the petition were true.
Tho evidence opened with a presentation of the
articles complained Of The first, which was headed
"CsptiCn nc i, TO the the Public and signed &C. Clark
MARY transactions with Mr. Warden had no hesita-
tOn In stating that they believed him to be destitute
of the feel ings Of honor and principle Indispensable
to security in business matters, and advised the
public TO repudiate the credit system in their deal
ings with him. The second article purported to give
history OF his career made alusion to his return
ing to Cincinnati to repair his fallen fortune, and
remarks that his extrayagant habits did not come
struggle for that purpose proceeded to state that
he had obtained their labor and money upon false
representation, and to prevent future attempts to
enlarge the &c circle OF MS dnpss" they had cautioned
- Shultz testified that lie had allowed Mr.
Warden to have some $3.50 worth of fancy goods ON
time what was not soldto be returned after certain
tlme(; but alter reading the article in the Times he
then at a mercantile agency-the report was NOT
favorable to Mr.. Warden. and witness then
demanded his goods back, and received them The
plaintiff here closed. '.t ..I..- ...-
Mr.. J. Meader examined for the defense Stated
that contract was made with Mr.. W. to have prers
work, Sc. done at the Times Job Office at cash
prices. lie had made repeated promises which
he did not fulflas to payment The evidence OF this
j. 7. Worthington and Judge Johnston for
plaintih; Chas. Fox and Judge Caldwell for defense.