New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-09-06
LAW ESTElLsGENCEs
SUPREME COURT-CHsysri"-Syrr. a-Refors Justice
st.HgRIsNp
L1ByL SUIT AGAINST Tnf WDRlD NEWSPAPER.
i.ofp. tJuax ss .g.ii,.t MalfSn MarJl. ~ a.

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LIgrL SUIT AGAINST TnE wosiD NEWSPAPER
| Geolgr Opoyke against Msnion Mafo., 81 d.
| The plaintiff began "a suit % recover damage
in tho sim of sJ0Oo0 ior alleged lh'l published II
The World newspaper gry wing out oil the rtees OF Thur
low Weed:
The painiir nroened m order directing the defend
eIts IN mike dis nyciy az tie books AID p,iers THAI
knowledge might D. obtitea ~ to tie p0prr;orsh
OF tho reTspapcr that such proPfictos might be IN
cudrd ~ defendants IN this oass.
The defendants this morning tsnde application &c VA
cate such "rder or the hnt TIE same rar
being n pz'fs and ohtsined without sufficient NOTICE.
and also that the affidavit iieh the same Vas oass 3D.
was loi,ctye
ne plaintiff. in rcp'y submitted the following state
men' and poinis, viz:
g ! ais is an acton for libel in the newspapcr called
TIE W,rd The plaintiff has been ab0 10 discover only
Two 90 tie editors Gug prosiiciog Of tae newspaper
Manton Mai be nTd Ean Con,stuck, both # whOm are
irrcspo' she and OF 10 account. They sre cyidenty
men Of straw SIT up Iniscad TIE public and cOicea
he rnal managers II the concern For the purpose ~
di3cO' 6ring who these 70 managers arc the pahtiH
was gwen notice Of n motion iOr u discovery oi we
book nud pipfrs Of The o9rc'rn In orer 70 aid thls
notion be required snrc nEd Comst, OK To mako an.
ia, IL. and their A. cn.ng h. obtsiLed from Judge
lnsishsn an ord r OF reference g. ~ iminr.'
lie p'anI cUItcnd' that under the act OF 1850 his
papeTs Rcre ara Eulr. AiidlVs v, r. read
showing ha. the Certificate OF the Incorporation Of the
"Wuild pony on lie ia the Comfy Clerks Office
put the capita at sioOO In ten shares Of slOO each
That it Wa mee slam, and that the other and real
rites nnmss woud have 60 DO obtained tAai the
cause might be properly carried on
Counsel for tie doinse argued that fais was not 80
much Il motion 10 assist Nr. OpdyLe IN recor cTlng
damages for HIS wounded feelngs rs II was political
dodge. Ii wGs no doubt supposed that the in.erna
workings Of tins concern could lie made public somo
pOlitica! advantage would be gained and this was the
seciet " the whole nutter. The stuie compelling re-
ucnnt witnesses Ia testify had no effect aud dd NOT i1
cinde Tho parties in this case.
paini stated that the real owners Of TIE
Worh kept IN the back ground. If the Court waited
until the tia bad for the purpose Of finding out
The names o! the parties. dey OF two or three years
must follow. Marble, one Of the so called pT,prietors'
was not responsible person. Taylor. another gento-
msn connected with the raper was n clerk IN Mr.. Bar
lows Office, and the third person was Dir Rowe re-
sdiag IN he West. They hal IN their possession 81
proprietor a The Wgrid til May, ltd at which time
be refined. There was no intention that Mr.. Mrfbe
should eliminate bimself bat they desired 70 know sim
ply VITO were the real owncls 81 The WOrid.
Is Honor remarked TINT the amUuated 10 this !
" II nan going past a past shot in the eye by an
arrow. by mn individual In crowd could you sac any
Of That owd for Tie purpose Of GsccrtaninS who
drew the bow OF fired the arrow
Ccunse. ;og the paiatiT sad he coG'd. or else how
could he receive redress for an injury received where
the teal name uf the parry unknown.
Counsel Tor The defense conlen4cd that suit could
not be commenced under such circumstances. Every |
on. could not be indscriminately brought mp. the |
artls To- he sucd must have been dscnne,l before the
,uit was commenced He regarded this fishing /
Application; there was 20 detuiie nbo named, but ar.
ces publ shcd as long back six months takon and
ojecuonlhb items hshed out. allowing any to nave
been published
The Jude took The papers and reserved his decision
ID. ID. tiod.ior Iiittf VI. Larocques. for defend0nt
Eel,Tr .us e. fLARKE-
DECISION.
In re-. Ann lIughcs.-Aiauy of these summary |
cousictons by Inferior Magistrates without the inter
Ycuiion my h net n express violation Of constitn-
iiona ryhi. III events Ia derogaon Of the common
law alaavs ao Jealous ard careful OF tie het! 81 The
eIiIen he Statutes Cr'I, this power 10 inferior |
Aachtrnics should be suictiy interpreted. | cannot
before that Tie Ler aiuTc in allowing the Police jus
tecsnf the CITY Fl New York 10 hold person guilty OF
hat il called disprdcy conduct 10 bii for good bella
tiur 10 addition o. IMPOSING 1ne ot 3D. or 10 commit
10 tic Cts Prison Tor 10 days intended that such per
son should be incarcerateJ Tor an indeiin'e period ~
tie !! 4 aay MAEi,frute. II t1ey DID intend that
90 exercise II drsVic p0verihcy trarsccnucd their
own poser. The pun,hms III j. cruel and the doprya
ou " loriy whicli inf cts IL without Cue PROCESS 81
.,uI bis conviction should be set aside AID the pris-
ouer discharged.
Court OF GENERAL sEssiONs-sEPr. a-HefoTe
Cify judge Au..EL
Tie Court was opened Yesterday morning for
do September term INT 80 hoari 0i Jurors not being
present 4 vas adjourned uni to-'ey at ii o'clock