The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-09-03

SsmsssS .s foows~a That the exhibition Of the opera
under the management OF me sr ss, cnS .ronize
without sacrifice OF both taste ana mooesy nss sne
defendant sci forth in what manner nsuure o. sspe
without running the risk Of coming In contact with cha
racters who lat the time referred 70 IN the compnp
ssa ,hs opera under the plaintiffs management their
randszyous that the defendants set out what chaSac
thew refer to- persons that they set out the
;Ssnce NAV be learned by the plaintiff; and that the
Attendants set distinctly the times giving the DAY
fence and also that the h separate defence refer
ring in mitigation Of damages TO the third separate ae-
Of the said they ses .oS MAJ Geats
have been discovered, and FROM and BY whom whispers
we're circulated at what date time and place the same
fourth line Of folio eight, that the Academy Of Music
was hardly place for modest and respectable women
and place il was said shst to a the house deadhead
free tickets had been furnished 70 people whom no 90
and that scarlet women blazed forth in all their glory
and shame from parque dress circle and box In sald
Academy and that the Hobbies thereof became infested
with Of the worst Of tho city gambling
helis Of pocketb00ks and watches were
compelled keep bright lookout for their valuables,
by the report that one OF the female artiEes who
given prominent place In tho bills was the mistress Of
her private character was such that Il was an insult to
every virtu0us In the house TO allow her on tue
stage and that the old frequenters q the academy o.
aud that was intended that said PLAINTIFF should 1ot
have further lease Of the said Academy" And that
them or giving some description that they may iden
hed and at what time date and place deadhead or free
wish to see sit beside his wife or daughter,
and also what scarlet women, giving their
S Ss sucsut SuI to discover the Identity Of the
said persons bazed FORTH In all their glory and shame
from parque dress circle and box OF SAID Academy aaa
and that they out what persons, setting forth their
Names or such description Of them may be sufficient
80 ,n xphO fha
sentatves of the worst class Of gambling hes who in
tested the Hobbies Of said Academy and give the times
forth the persons and their Names give such descrp
ton as may sufficient to identify them who were the
=" keen bright lookout for their vauables, and the
times and dates referred to- and that they name or VIII
give such description as will be sufficient to identity
Them the decent patrons who were incensed by the
reports in reference the female artistic above alluded
to in folio of said answer and that they name the
ferred TO- And that they further forth what fire.
quenters Of the opera and Academy, giving their and
each Of their Names descriptions to identify them,
as have been displeased as is in folio eleven OF
said answer and that the said defendants set out at
what page pages or part Of the book and what mat
CATION of damages the plaintiff substantially confessed
that a charatan in opera management and also,
substantially boosted Of his ability hum
buggng opera public and admitted to the authority
of folios one, two three and four of the complaint
And the plaintiff hereby requires the said defendants
to strike rrelevent and redundant the SIXTH sew
ninth matters OF defenCoS set up OF peaue0
and averred and also the part Of the eighth defence
above referred in mitigation Of damages; and in case
any either Of them be not stricken out and withdrawn
that the said defendants make more definite and GER
tain by whom giving the Of such persons such
descriptions as will be sufficient to identity the Same,
Of public policy informed OF the matters alleged in
tended so be- In the sixth and seventh separate de-
fence of the said defendants and the times and places
and manner Of such nformation and further that they
out what regular agents. giving their names ana ae
Va l,u ootd
admission the persons mentioned or intended SO
to the ninth separate defence Of the defendants
and the of the furnishing thereof and that they
set out what stockholders and subscribers OF the Aca
DENY Of Music giving their descriptions, as
and The times they SO complained to the defendants
alleged in the ninth separate defence Of the Defendants
And YOU viii please take notice that on the 10th day
Of February, OF ten A. NJ Of that day. or as soon there
aft counsel can be heard we shall move this court
at special term at chambers at the City Hall Of the city
Of New York for an order that the defendants make
their said definite and certain In the mat
particulars above set forth indefinite and I'm
certain and that the matters above set out in the
SIXTH seventh eighth and ninth matters Of defence a.
made definite and certain az is above partcuarized
with na,s sss F cost; 10 Of i 'ss motion
| JUDAH & DICKINSON, Plaintiffs Attorney
| To A. B. TAPPLS, Esq, Defendants Attorneys.
THE PLAINTIFFS DEMURRERs.
SUPERIOR COURT OF Ins oirI or NHw YORK
Mar Naretsek against William CaudsoeR and Horace
| p. Whitney Demurrer
Tho plaintiff demurs TO the first defence OF the defend
II endeayors TO raise an immaterai issue in the
denial or controvertng Of the allegations Of tho
! paint from folio one TO folio eleven.
And also In epdeavorng TO put In the intent Of
the defendants In printing and publishing the libes first
in he complaint BOT out ana also Inc nens o. .ae ae
fourteen Of the complaint and also the intent Of the de-
PENDANTS in publishing and printing the libel second IN
the complaint out and also the intent Of the defend
ants to the matters alleged at foos seventeen and
| eighteen of the complaint
pleaded and constitutes defence to the said be or
either Of them; Is Justification OF said libels or
any either Of the causes of action in the said COM
| plant, set forth.
3d. That the matter attempted DO set up in defence
| il not issuable and Is immaterial
4h That said does not establish or show facts,
| or aver the truth OF said bes
5th That said answer is not as broad a. the charge
9th That the traverse OF motives and intents Is not
th That the answer Of the defendants the plain
tin was not damnined, Is vicious impertnent, and
9Th That the answer In the matter thereof double,
the separate deenccs pleaded so that no correct
| issue be had. This demurrer wthdrswnl
Second The plaintiff demurs to the second separate
sufficient in law TO the said causes Of action,
which II attempts or pretends to answer
The matter OF said defence pleaded s general
| and not specific, nor Is 1t issuable.
3D. The matter Of defence does not answer the first
| cause or action set forth In the complaint
3D. The said second defence is answer, nor does Il
70 the justification attempts or preends to set
| up.
4th The matters set up the cause Of the defend.
ants allegations of the truth Of the bes first charged
in the complaint not facts or matters which are
legally pleaded and do not a. pleaded constitute either
! defence or a justification Of the libel
5h That said does not establish or show facts
F! or aver the truth Of said libcls
9th That said answer is not ~ broad as the charge.
7th That the traverse Of motives and intent Is not
| sufficient traverse.
sh That the answer Of the defendants that the plain
tin not damnined, Ia vicious, impsrtinent and an
| mmaterial NO ISSUE
That the answer in the matter thereof Is double ana
the separate defences pleaded that correct issue
| can be had.
TAird-The plaintiff demurs 10 the third separate de.
fence Of the said defendants and says the not
sufficient In law TO tho Of action which
i attempts or pretcnds 70 answer.
l. The matter OF said defence Is pleaded generally and
| not specifically, and is not issuable.
q The matter Of said defence does not tho
| ond cause Of action set out in the complaint.
3. Tho said third defence is answer, nor does u
amount 70 the justification attempts pretends 10 col
! up.