Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-05-27
LOCAL NEWS.


brought by John Savage against John p Heiss,
for salary due the plaintiff former acting editor
OF the States newspaper, was an interesting one tn
the newspaper fraternity generally, as involving
legal paints never before presented in the law
courts, that we are aware. As a consequence
there was large attendance of the members Of
''the fourth estate, > including not few Of its
prominent representatives.
MesSrs- w p stone and John F. Ennis an
peared for plaintiff. and M.ssrs Cbas = W,II.cb
and JOS N. Bradley for defence
Mr. Ennis in opening, spoke Of Mr. Savage as
awritfr who, engaged in n literary capacity In
New y ork city, had acquired considerable repn-
tstiOn and who, visiting W asbing ton few weeks
previous To the publication Of the States had been
applied To by Mr. Ileiss to act as editor writer.
contribution. or by whatever name it might be
called. Tor his paper. After certain promises from
MI H. hr conS-nted, and finally settled in this
city. aud entered upon his duties. He continued
la the performance of these duiies for period Of
eighty dive wetks-nearly two years During that
time he Was accustomed TO draw his pay week by
week, and month by month, and So far as the
counsel were able to ascertain without any word
Of complaint objection on the part Of the de-
frhdant. loot on the contrary. that even after the
withdrawal of Mr. -. from the States the defend
ent IN the case lad expressed himself in terms Of
the highest admiration az the manner in which
Mr. Savage had conducted the paper and for the
Nlgor and ability which he displayed. About the
beginning OF December, ISIS, certain arrange
ments had been made ny Mr.. III with the gentle
nlan al PRESENT occupying the position formerly
held 6y Mr. :. shortly after the arrival-and lie
wts the caus.' of the difficulty which made il ne
cPsSlry 10 trouble them with that triaI--of Mir
Pryor IA the city the plIntiH applied To Mr. Heiss
as Was his CustOn for certain portion Of thu bal
ance which Was then due; and Ia his utter sur
prise aud establishment Maj ii replied that lie
had heen absent from the Office a certain number
OF days ~ the year that these DAYS lad been noted
down, and the pay should be deducted but the
balance would be paid him, and in that way ipe
out the balance Of MIR. SIS pay
Mr. Savage, on hearing this for the first time,
denied the right Of the defendant to make any
such deduction: First. on the ground that such .
thing never was heard Of in the profession Of Jour
nalsni and, secondly. il Mr. II had intended To
Introduce this unheard of feature into the contract
II was due to the plaintiff that some intimation
should have been given of it when the engage
formed Of this -ductiOn. MIR Savage withdrew.
and disconnected himself from the paper. That
wds now the dispute between the parties Mr.. =.
COnteGded that according to the usyes Of the pro-
fessiUn. and according To tue understanding Of the
contract, no such reduction could lie made The
defendant had publicly admitted that the duties
had been performed by Mr.. :. to his great sat
The counsel next alluded to the extra work re-
quiTed OF Mr. =, in order that the expenses Of the
Office might lie curtailed-which was, attending
the srssOT Of Congress in the Senate of the United
states, ana reporting those brief synoptical reports
Of the debates, which had formerly been furnished
10 the States by an extra reporter This was out
side 81 his editorial duties which were tO be per-
formed IN the morning. before tine hour Of IL He
did a. desired by Mr.. H., and OH account OF these
extra duties WAS attacked by brain fever. This
question not only intert sting To those directly
involved. but To every inlIabitant OF this country
The counsel cOHcl IIded 10y reading letter from
Nj IL; acknowledging. in very complimentary
Mr.. WallacG for defence, said he would occupy
hut very few moments In making brief state
ment ef the theory Of the defence in the case.
They admitted that the sslaborer was worthy of
his hire, but the labOrer was not worthy of hire
foo work that lie did not PERFORM and further that
one SboTer IS no more worthy of hire than another
Mr. = waS as much emplOye in that office as
any that were employed there. He was not the
editor of the paper, and therefore bad no respon-
sIbliitv whatever upon him. Tie was but writer
and got much larger price than was paid for the
same labor by any other establishment in the CITY
The reason OF this was that all his time was 10 be
devoted ~ tie duties pertaining to that office He
had bren absent altogether some fifty days from
the Office. and on account Of this absence Mr. III
WIS compelled many times to delay the ISSUING of
his p3Fer; he had often To leave his own duties
and 90 into the street and get as best lac could
articles for his paper is 20 have il 20 to press
and get IL UUt 10 the public The sale Of the paper
was many times materially affrcted-in fact as
the printers would say, the office pretty much
thrown into pie.
Tue counsel on the other side had said that I'm
Consequence Of extra duties the plaintiff had been
thrown into fever. The gentlemen Of the jury
would mad that there was i total absence Of any
proof That deduction WIS made for any time that
h- Was s!ek-ths deduction was only made when
hs Ms E.aec-SslTiy absent from his OIiice duties
attending Ia las own antirs. or escurting some OF
liz friends who might be in the city from other
parts Of the country.
MIR W also concluded his remarks by reading
one or two letters OF correspondence between tie
pidIhtid and defendant In relation 10 the matter
Prot DfDif,Tg for PLAINTIFF, testified to an init
mate acquaintance with Mr. Savage; knew that
his position in THE states establishment. was that
OF writer Major Hess himself had told witness
that such Was the position OF Mr. -. on the paper
Once or twice Mr.. IL. had mentioned to witness
his satisfaction with the character and ability Of
MIR = article Witness had been proprietor
Is31-5;. lie did not know what the custom and
T-sgr was here in regard 10 reduction for absence
Of persons employed as Mr.. =. was on the Stlt.s
bat 10 New OrleaHs-
Mr.. Bradley. ! object
Mr. stone stated that il the Court pleased they
proposed To show a uniform custom throuyLout
the Offices Of this city and elsewhere that the
publication Of a newspaper was a business as
much rs was binding Il hOIise and that there are
lsSIses connected with il. which are general and
uniform throughout the country.
The Court b will not De necessary 10 do any,
thing further than TO show the custom existing
here.
thruug llOgt the country
AIR. BRADLEY. That won't do.
Witness knew Of Mr.. Heiss publishing Taper
In New ORLEANS.
MIR. Stone We propose to connect It in this
way" show the custom where MIR. III. formerly
published I paper. and what il is here, so as to
bring home the parties and the contract
The Court. You must either show some special
agreement here. or some usage by which such
contract could bc implied.
TdptdiH NooJs (of the lntelli genceI) sworn. He
las been engaged in newspaper establishment
some forty years thirty years in this city Was at
the e. Telegraph Office live years. Witness
knowl"d.e Of the custom in regard to the employ
mrnt Of person in the capacity of a general
writer who would write editorials from sup-
gestluus given by the editor. was. that such per
sons were generally employed at a fixed compen-
saticn- In the Telegraph Office during the time
lie WIS thcrr, no reduction ever made that he
~ds aware Of, on account OF temporary absence
from sickness. indispOsitOn, or otherwise He
thong III he would have been aware Of il il such a
thing had been done he never did H. lie had
b-rn employed Ia the - Int-lIigencrr Orire for
upwards Of twenty wears, and during all that time
be- bad never heard of any reduction ever having
been made. lie would, Ia all probability have
known Al. # susL lad been the case
By Mr. Bradley During your long connection
with tie ''Tele2 r1Ph," any other office, have
NOd ever Known an instance ia which any gentle
WAS employed Ia write editorials the subject
matter bring furnished by the responsible editor
AID az thus furnishing every leading article in
ts PAPER, te editor himself not writing any thing
for u Or employing any person TO write mp tie
trles-throw the editors IDEAS into language and
Lodi