The New York herald., 1864-09-06


or 1HE woRLp--rHk OWNERS CLAIM TO HAVE
STARTED THE PAPER ON CAPITAL or ONE TuvU.
SAND DoLLARs-IsrEREsTlNG PaocEEDl. Gs-
TEURLuw WEED AT THE BOTTOM OF THE TROUBLE.
SUPREME coUar-cHAnaERs
Before Judge Sutherland.
George Cpdyke Ma,ton Marble and opt,vs--The
plaintiff in this action brings against Stanton Mar.
bic Others proprotors Of the World lor publ
alleged libel under the signature Thuriow
Weed damages have been laid a. the modes. surn OF
$50 600 and Tho paintin being anxious to find who
are the most onsipe owners TIE paper obtained
erpGrte order Judge lngrahsm directing Manon
Marble and Elon Comstock TO deliver the books
papers o the concern in order lnat the desired
ton might be obtained and the real joined
ieudants Ia the suit
MI Iarooue applied yesterday for an order vacating
the OF Judge Ingraham the ground that
irregular aad e1parte and obtained without notice
aud also that the affidavit upon which it was obtained
was detective
Mr.. Field, in reply. read the affidavit OF the plaintiff
froin which appeared that he unable to ascertain
who the real proprietors or the paper and that
Messrs. Marble Comsiock requested to give tho
necessary information, but they neglected do The
cornse then went say that tho cstersibe propre
tors OF the Yortd. Msssrs. Marble Il ConstocE,
q straw, set up TO nsoad The public and
real managers II the were IN The back ground
Tor tie purpose OF discovering WIN the real owners
order had been obtained from Judge ingrahs direct
ing the examination o. the doudants before re;ercc
Under OF isG0 viii applied Ia this case, the
papers regu.r and the -oceedngs correct IN
every parlcusr. II asserted by the defendants
affidavit that the capital OF the only
thousand dollars, ten shares OF hGndred dol
lars each. THIS Was evidently mere sham, which
deserved exposure aud ne meant that II should be
osei IL ..as ridiculous 10 suppose tnat ihe Worth
any dairy noNSl3pcr cpad lie carried q 4pLsl OF
81 600 wncn lie e1pensss ~ tho aaper amounted 10
more T. ~ daily Tho ahdsp.. OF MI August Ye
mont saowea tia, ne sccSBo!def 70 iAc aoncern
an ~ ma month II LIME lasl Nos il yeul6 "a ai~sra
10 eupposa that Of Beimont's mesns wou.d be
sockholdef 10 an establishment where The cipaal
Gully $1,000. The law uader which the order ~as .ob
tanned iaended that should be cpd t. aud tue paint
COM elled 10 give ANY notice at all TIE lie
PENDANTS had neglected TO axe affidavit stating who
the req Hrcrr.tors Of Tie paper were, aud code
required thew should give the necessary irorma.
tin the paintla was determined 20 have II, hr Field
referred 70 the decision ot tie supreme Court
OF the seripsa sining Company ys. H. Garrlson
and said that the aecudsut in that compelled
10 give precisely tho same information THAI sought
TOR "a ts cage notwithstandg to four days get
through y Ia the eSsmuation.
ar. laroque IN sGrreyt q his motion 10 vacate the
order Ol Judge ingraham stated that The whole thing
political trick and only raeant 20 aunoy oer,aa
parties, who we're political thcrns IN the side Of the
painH. No real advantage would be gained hy eyposng
private affairs Of the World Office ana il would oniy
he gratifying tue personal spite oil the plaIn permit
the e1ariuiton.
Nj Field regretted that b.s oyponeu, had draussd
politics into the argument. Inc usiruation that tie
plailtin vas making ia party matter absurd. he
war merely trying 10 bring hbellefs 10 justice,
the public know who the responsible owners OF the
fsl we're There were persons behiud tie sccues
who RESPONSE lie, and he determined get at
their names lie considered the World establishment
the greatest sham corporation existence and thought
IL should be exposed viev.
hr Larolue-AIneu why do you not sue it as q cor.
poratiors
Mr.. risd-we cocld, but we think that the individuals
composing sham corporation should Sxcape the per-
soma responsibility attached 70 tseir acts
Hr. IaroGueIne counsel on the othsr side has been
loud ia ms talk ahout meu Of straw and mskcs use o.
pubic tribunal Tor the purpose c Illuminating worse
libel han that ol which ne mplans having besn
published In the World Mr.. Marble s spoken OF Ia ths
hghiest terms ~ man entirely without character or
means. The statement s undoubtedly made Tor tho pur
pose q working upon NJ. Marbles 50 that the plain
t he accommodated with she ,on that bc
desires Mr.. Marble ana all the proprcto the Word
can afford 10 stand on their own merits and therefore
reply IS necessary to my learned friend that score.
IL was Tar more manly to libel q that Won
could be prosecuted for than to take Advantage
court and the forum FOR q malicious purp.1e The
which hs would not dare TO utter way that coud
be punished for IT, In regard TO the publication the
upon The trial OF the casso Iany bs had been psrps.
trated the corporation owning tue World resiousi
BILE, aud according 10 the decision T Uaited states
Supreme Court and the English courts the corporate ou
Liable. The LEANED gentleman On the other aide
characterized ths bord establishment As . soam cor.
eeEn because II had capital or only thousand dollars
Suppose IL organized with that amount Of capital does
not follow nat Is not worth million dollars to-day
Mr.. Iaroluc denied the right OF the psnt TO sue AZ
tho rtockholders OF the World personally and held that
they only fsblc corporation also that the
sudaps could not be compelled disclose names OF
their colertpers The palDT aht b. entitls1 10 too
Information, but hs could not ieaaly get tArousS the
dscnGsnn 10 regard 10 the sndavit OF Mr.. belmont,
mo counsel ses that not clear inst be ever was
stock holder 10 the World The aridaylt sapy stated
that be 'ecefsu 70 hsvo fllectionh with ihe csiAh-
lishrent sLce The lat OF June Mr Rnop, did NOT
state That hs ever had the sstabAn.
nSent, anc 70 only PRESUMPTION that ne had In cuu-
cueon the ooanssl stated that Mr. bsrNlss reputation
vss at stage, and that ,hs idea OF ns bcng dragged
fors referee without any notice and sxauI 81 upoo
matters which could be used asanst MIN On tho TRIAL,
vaa irregular asd should not rsceye the oouncpapoe NJ
Tho ooansss each side subInta their points 10
tho Judge, who announced thai he would sssaer lie.
c,slao In . hs course Of "a fss dAya