The New York herald., 1865-02-16
COUNT UANNEs VS.. HORACE GREELEY
An INTERESTING SUIT FOR LIBEL.
The Count Tries His Own
Case.
HIS LIFE IN ENGLAND AND AMERICA

How tho Title Of Count Was Con.
ferred Upon Him,
Ae', Ac., Ae.
Court OF Common Pleas.
Before Judge DAILY.
FEE. l6-Georgc TIE Count Joonnss o. Horace Gree
Iy-The trial Of this curious libel suit was COM
menced to-day In the presence Of number Of actors,
theatrical critics and prominent members Of the bar
Among those present We noticed Edwin Booth, Manager
Stuart Of Winter Garden; John Sefton Of Wallacks
theatre E. r. House Theatrical critic OF the TSae and
Judge Cardozo all Of whom appeared to take lively IN
terest in the proceedings Mr. williams appeared az
counsel for Horace Greeley, while the Count undertook
the management Of his Some little delay
experienced getting jury acceptable to the PLAINTIFF
but at length twelve good and lawful men were en-
pannelled to try the case.
THE COUNTS OPENING SPEECH.
Count Joannes in opening the case stated that
action for malicious libel perperated by defendant
had been in public life for the last thirty years The
fendant had been apubic man for like period and like
10 the proud position he occupied by his industry
study and attention to business On the 25h Of April
last the plaintiff had benefit at the Academy Of Music
day two prior to the benefit the Tribune published
| the following communicatoA:-
We requested to state that the that Mr.
e Kin and Ms s w E % the
| foundation, and is gross attempt at Imposition.
For this false and malicious libel the plaintiff hs. laid
his answer says that the matter alleged TO be belous s
true in substance and in fact and prays that the COM
plant may be dismissed with costs. Il old say
ing that the lawyer who tried his had fool for
his client This case, however, he thought exccp
ton TO the rule for he had made law his study spent
three years at IT, Besides this he had travelled exten
sively in Europe and by his talents author had
earned the title Of Chcvaer which was conferred upon
| 4, Gartar rim in yondn Tn hitcau
country like this the title Of Count might not be appre
cated but It should not be despsed Should his friend
peror of Russia be despsed by his countrymen because
Of the honor that conferred upon him? Certainly
not Them why should any one sneer at the painti on
The defendant having admitted the publication Of the
be there very little for the plaintiff to prove be-
founded his defence either on the rock of truth
hood and for the jury to say which Of the two
the plaintiff the defendan-had perjured themselves
The aggravang point in this the fact that
his daughter Avona JONES' was induced to authorize the
Sns Of the libel 70 libel "nd
abominablc in the sight OF Heaven The plaintiff imme-
datey letter to the editor Of the Tribune COM
apology. The correction and apology came, and the
piaintif was content he being the first who
asy s however the plaintiff was astonished as to find an
article in the Tribune equally beous as the hrst and
note from Miss Avona Jones stating that i was by her
request that the beous notice appeared In that
newspaper and that she never gavc her consent 70 play
for the plaintiffs benefit note from Edwin Booth to
the effect that the statement that he TO appear at the
Academy Of Music for tho PLAINTIFFS benefit was wholly
unauthorized, was also appended In reply 70 letter
from the plaintiff complaining Of the lia mpety Of his
daughter the i5ne then published letter from Miss
Jones' in which she denied that she owed the plaintiff
any al duty whatever; that she had not been under
his care since she was threo years old, and had
only seen him three or four times since he
had separated from her mother In conclusion,
the writer expressed the belief that she owed
nothing her father but everything to her mother Mrs.
Belinda Jones' The statements contained In this letter
New York the plaintiff proposed TO play in Macbeth
for her for nothing, and he aided her materially in adapt
70 Mr. Booth Mr. Wheatley and Miss Jones sister about
getting up this complimentary benefit at the Academy Of
Music, and had every reason 70 suppose that Avona
Jones and Edwin Booth would appear that there was
some foundation for the announcement In order TO
show his standing in the theatrical profession he then read
letter from Edwin Forrest asking him TO accept OF com
plimentay benefit at the Metropolitan theatre Boston, and
suggesting that lie should perform the part of Hamlet
citizens OF Boston, also invited him to give representa-
ton which was complied with. While in Boston the
plaintiff sued Governor Andrew for . debt which he
Of his having been perseuted In that city and
obliged to on to New York The plaintiff then re.
belous announcement in the Tribune Instead OF the
Academy OF Music being filled with large and fashion
able " hona nan SnS 'o %
less than $500 All this was on account Of
what appeared in the columns of the TibUN SO much
for the plaintiff Now who Is the defendant In this CASEY
Is he low lived wretchY No. Is he OF no wealth?
No. Ia he Of no social WORTH No. l. he poor
man, begging from door TO door? No He is man .o
ing in luxury. Is his newspaper poor miserable sheet
Of mporancc9 No; Is great paper ana possessed
q, .-sAi influence. The HEan has the renuiatinn in
Europe of being the most influential paper in this
country think the Tribune may be sct down as second
| only to the HgRnp. Its circulation as stated by
the proprietor himsef Is from seventy 70 seventy,
| Ave thousand daily. In 1910, Horace Greeley and
myself hand in hand for the election OF General
Harrison have not changed my political faith
SINCE but Horace Greeley has He has become an apos-
and has taken up with the dark side Of the picture
uaughter) 1t Horace Greeley who hrst published
that poem commencing with the words
| "Tear down that Haunting lie;''
and because threw down the gauntlet 10 him, and
sgmatized the writer of the foul libel as traitor he
became my enemy. had been attacked In the SUNDAY
| Mercury for a space OF nve years and when came TO
New York went and had conversation with the pro-
| prietors upon the subject They said they were
convinced that was ,n wronsea esas man unn ana PS S
paid them money for advertising and was
| on the best terms with them; one OF the propric-
tors asked for my care dc cisfe even, and gave
It to him; what my astonishment TO find that the
| Mercury subsequently copied gross libel from inc
Lender and gave woodcut OF ooInt 'oannes, ,ak nkSI
had presented them with few weeks previously You
all know what It is TO have the enmy of Horace Gree.
lev II he who called my fr end General Mcclellan
a coward and had used his influence 10 defeat his cleo
ton.
| TESTIMONY OF THE COUNT.
Count Joannes then took the stand and testified in his
| own behalf as follows:-The documents which ! hold
in my hand the original invitations extended x
| me by Edwin FOrrcst anu Mayor llcuau, Va bo Usy
and Mayor Lincoln and Others of Boston TO appear OF
the stage in tho character OF Hamlet the copy OF th'
TriN hold in my hand is the one which contains the
libel; bought IL myself commenced life as an acto
In 1916 in Boston, under the patronage Of my frcnt
Macready; have performed in London, at the Drury
Lane theatre also In Pans where Prince Napoleon twht
was my guest while exile In this countryl was one o.
my best patrons have given UPWARDS Of one hundred
representations OF Hamlet aud have played In Macbeth
and various other plays Of shaksphere; studied Law
some twenty-five years ago, and devoted thre'
years TO tho proiesson; l practiced a good dca
in Doson, where my retaining fee fixed by the court
OF hundred dollars. was very successful there
lnl.ed when II was known that the Co INT Joannes wa
engaged in suit the other side generally came forwar'
and wanted 10 settle uaughtcr) In reference TO m!
literary talents would say that commenced 10 write
tbc are OF sixteen years that wrote the life of Genera
uiid