The New York herald., 1865-02-17

were called up for sentence m the baratry sui5
was called mp, and came there and demanied that
sentence should be udsm nj was suspended
and Was allowed TO 60 free, v thout costs escn.
Q Is this report or the Judges rennarks corpoCea
What do you read fromf
o am reading from tho Ts~ssyiyk A. vnat \
another Of my enemies; l Asar think The report u
correct
Did you write sAis letter u tAs HrnArr, dated ccso
ha, paper aSas yo su w.sa against sr Gsee eesys
don't know, write often; can't say read tho letter
Mr. Williams read the letter
Colnt Joannes-Yes, That is my style exactly.
Mr. Williams have further questions
Count Joaanes-We rest here.
Lr Wliams-c case is now with ms do you under 7,
s9nnd that Count? You have rested your case beiieve ef
Count Joannes-Yes yes; WIZ takc rcst mere.
tIaughter).
Mr. willams-May 1t please the Court, hardly think
Is necessary for 10 introduce any testimony on this
tsl The words complained Of - having Dssn oeoas
testimony. The libel, a. charged, consists OF these
words:-
requested TO alass that the announcement that n
Edwin & soo and mis-: As9Sss % zones WIN PLAY use nse
The Arst part Of this announcement cannot certainly
be adjndged as lbclous The objection, suppose, to
gross atiempt At imposition Now the plaintiffs adver-
tsemenf read to the jury, infers that Mr. Booth and
Miss Jones were engaged for the bepeft n question
had beeR spoken in relation 70 the matter
i was announced In four Of tho Sunday newspapers
that in contemplation that they should appear in
the trial scene Of the Merchant Of Venice, when the
plaintiff had really not spoken 70 either Of the artists
upon tho at all Was this not an attempt at i'm
position and was not my client justified In exposing U
In his testimony the plaintiff says he did not either
Miss Jones or Mr. Booth, but had conversation with
Miss jones' SISTER upon the subject He has produced In
this letter of his daughter denying the authority
Of 70 that she cont mpated appearing at that
benefit and ~ouid like 70 call your Honors attention 70
her Language.
Count Joannesl did not put the letter in evidence.
You did that
mia Jones, also that Of Mr. Edwin Booh denying that
they ever authorized any TO state that they contem
plated appearing at the Academy on the night Of the
3Oth Of April The letters read to the court win now
read the letter Of the plaintiff in regard to this soec
uon which appeared in the Tribune Wit. reference to
writer sees n to characerize tho correction as malicious
false and mcndacious as II there existed no foundation
for IT, and seeks TO make tho public believe that Miss
cunning fraud upon the psbica Ho wanted the iDame
to take back the correction Of the day previous,
ant 70 appear, when the evidence shows they
were entirely ignorant Of the whole programme.
Had the 7une complied with his request the editor OF
that paper would have been guilty Of gross breach OF
trust and would have been unworthy OF the confidence
respect Of the public. just look the Counts letter.
and mark the character Of the type in which il is printed
Count Joannes-I did not set It up am not to be
held responsible FOR what the printers did.
Mr. wlliams-Ko but you underscored it 30 that GER
tain parts Of it should be set in italics
Count Joannes-Oh, did l. Produce my manuscript
Mr. Williams have only few more words to say,
of the pla nts imposition upon the public, and
that we were justified in pronouncing 1t such. The
proofs offered by the Count himself show most perfect
ustication and was our duty TO make the correction
We did else would have been most reckless Of
trust therefore move for non suit
JUDGE DAILY DENIES THE NOTION.
Judge Day-I nix the case is ono which ought to be
passed upon by the jury.
Count Joannes-There, do you heart that nowS Mr.
Williams you have the hoor.
Mr. Wilams-I don't think it is necessary for me TO
take up the time OF the court and jury with formal
opening, so will at once proceed TO introduce my testi
Count Joannes-One moment, sir / wish to know
what is the practice in New York in regard to this
teri Can he after neglecng 70 open his case, blend IT.
as 1t were, III the summing up.
Judge Daly-He is entitled TO sum up his case in what
ever manner he pleases
viii blend his opening with the summing up suppose
uaughtcrC
Judge Daly-I do not know what his powers may be in
Count Joannes-We only asked for the ruling Of tho
Court am satisfied. And now he may make twenty
speeches II he likes and Horace Greeley may follow him
into the bargain. loud laughtcr.)
THE DEPOSITION OF MISS AvoNIA JONES.
Mr. Wlhams-I will now offer in evidence the depos
ton Of Miss Avonia Jones, taken by . commissioner
Count Joannes-The commission is given 70 Herbert p
Curtis, and he signs his name as II. Pelham Curtis.
object to the deposition being read account Of this
discrepancy
Judge DaIy-The discrepancy il not material.
Count Joannes-There s another objection. The wit
her name as Avonia jones make these objections
because wish TO spare daughter the stigma that will
follow the reading OF this attack upon her father Be-
sides, there certificate here that this s her hand
writing.
Judge Day-The presumption is that IL Is her hand
Mr. Williams then read tho deposition OF Avonia jones'
taken at Washington, In which she states that she
slightly acquainted with the plaintiff having met him
that she contemplated appearing at the Academy
for the benefit OF the plaintiff and that the
The witness also referred to the correction in the Tns
complained Of being beous, and stated that II was
strictly true and inserted at her instgation
EDWIN BooTn's HvIDENCE.
Edwin Booth deposed that he tragedian by pro-
'esson between the goth and 30th Of April last in
he city Of New York. consented to act the part
of Shylock in the Merchant OF Venice, to be gwen at
Lhe Academy OF Music for the benefit Of the plaintiff
the announcement to the effect that was TO appear was
was not applied 10 in reference TO the
matter do not remember the balance OF the converse
ton with the plaintiff with reference 10 the announce
ment in the Tribune.
O What would be the effect OF such nm announcement
effect Of leading the public believe that these persons
were TO appear.
Q what would be ths effect upon these artstss A. II
would be somewhat injurious, should think.
@ The Count took the liberty yesterday Of mentioning
your name in connection with your ruInored marriage
with his daughter, Miss Avonia jones'
Count Joannes-T Took the liberty did you sayf took
no liberty; it is no liberty TO say that there was rumor
TO the effect that he was engaged TO my daughter
liberty to be engaged 10 such woman Oh, mol II
was taking no liberty; and say here 70 Mr. Booths
face.
Mr. williams-He coupled your name in connection
with that OF Miss Jones' and ntmated that there
marriage engagement between you. How is thar A.
There foundation Whatever for the rumor;
never heard such rumor
Count Joannes-I hoard II from twenty people; but
suppose Mr. Booth would be Of the last 10 hear It.
Gross examinedDd you authorize the publication OF
this correction which characterized my benefit NJ the
Academy Of Music an imposition A. did not
q Did not Miss Avona Jones 60 TO you and tell you
not to appear for my benefit; did she not say, Ned
don't do itS'
Mr.. williams-I object TO the question
Judge Day-I suppose IL is part Of the vss jAsfo.
Count Joannes-I vas just about 70 say so, too Laugh
teE)
Wtness-I saw Miss Jones at the theatre, and, in
speaking Of the affair, she said Ned, beg Of you not
70 have anything 70 do With It on any account"
Count Joannss-I have nothing more 10 ask you
MANAaER srUART's TESTIMONY.
William Stuart next placed upon the stand.
Mr. williams-Q On the night Of the plaintiffs beneht