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

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happening Of The events IN ths s4d alleged nbeloas pub
and the facts Al the time nentoncd In the said
complaint - follows wsAnd thA1 the plaintiff then
alike r pOe es ssa s
q length realized the fruits ~ the carver he had
thought proper 70 adopt IN defiance q psbis opnSn,
were his best friends among whom The dsfendsnts IN
cuded thems ives and that the plaintiff indeed rsiher
the matyrdom Il CATION which ne plaintiff whining
ly complained the defendants had awarded him and
that the plaintiff ought 70 have rspsnssd 70 ync sek.
and commission and that he ought 70 have made amends
TO the generous and connding public whom he had 10
previously offended In its tendercst eensibtes and
that when he declined only alternative and blindiy
persevered the fatal he then pursuing, aud
which would inevitably bring him 70 social .na financial
plaintiff ought take the ccnssqusaces; and that IN
paints past career Al homo and abroad both a. mas
YER and servant and 70 give 10 the defsnd&n,s readers
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wrong had actually been In the right psee far too
long; and that the plaintiff ought 10 have repened In
season and been prepared for the rich Developments
defendants had in for his especial benefit and N
warning all evil doe and these defendants do justify
:s y 70 10 ss
70 foli0s 80, as true.
NghiA-And these dsfsndants, rsi.sratins their de-
further defence that each and every OF the said
published allegations set up In the seventh OF
action in the complaint was then and there and are true
IN all atPue and
effect because these defendants that before and at
the time Of the happening Of the events In the said
forth, it the fact and the facts were the time
mentioned IN the said complaint follows 70 wit That
the wretched plaintiffs jimmy had been again al the TIL
Of the Sunday Mercury and that the celebrated suit of
Maretzek against the Sunday Mercury might then have
been soon expected TO TO issue, and that the
same would have afforded the desired opportunity for
the development Of the rich and racy revelations Of life
behind the illustrative OF the manners and morals
Of Italian artists and the patrons and fequente Of the
OPERA and that the plaintiff having obtained correct
idea Of the circulation influence and business prosperity
Of the Sunday Mercury was desperately bent on making
raid on defendants Golfers as some compensation for
the contumely visited upon him by the respectable por
ton of the public and its steady refusal to attend any
entertainment with which he was Connected that in
furnishing the facts and details Of said trial (which would
and will the report Of 1t to rank with the Mys
teres of Paris in mysterious intrigue and the vicssi
tudes Of adventurous caree the defendants did
pect to be aided by the plaintiff himself that in the
work that published by plaintiff in 1855 under the
title Of "Crotchets and Quavers; or Revelations Of an
narrate his attempts opera management and his efforts
to extor money by litigation and did show what mean
Choly and dismal failures they were and that when
these memories were illustrated by more definite parcu
lars and the biographies Of his troupe and their patrons
were added the whole would be more interesting than
romance, and that it then said that the plaintiff
about to commence new season at the Academy, and
that the defendants did not believe the directors would
allow the building to be devoted to such base uses
and that II would have been better for the
directors to have leased it to Daniel Pratt
arena for his said Pratts oraorcal powers and that in
tha~o havvoh >ov nf
public morals being Slapped or outraged; and that the
plaintiff ought to have rented basement and should
pore sS
resumed the practice Of the tonsora art and ought TO
have procured admission to some troupe Of negro min
strels and these defendants do justify the same In let
ter substance and effect and the facts aforesaid Tin
tended to be taken from foos $3.50 of complain set
NinM-And the defendants reiteratng their denials
In manner and form aforesaid for separate and further
defence that each and every Of the said published
allegations set in the eighth cause Of action in the
complaint then and there and in all particu
lars and that they true In substance and effect be-
cause these defendants say that before and a. the time
lous publication well hereafter set FORTH 1t was the
fact and the facts at the time mentioned In the
said complaint, follows, 70 wit-That the wretched
plaintiffs troupe would be in court the trial Of the
action in said publication referred and that the plain
tiff had attempted to levy on the Sunday Aercsy TO the
tune Of while Sgnor Bach only wanted OF the
person in said publication referred to TO come down To
the extent of $780, that fact did show that these
RraQU8L0
the presumed ability TO meet them by the parties who
were summoned TO stand and deliver, and in letter,
substance and effect these defendants do justify the
same and the facts Aforesaid, intended to be taken
from olios IS to 81 Of the complaint Set FORTH as true
TnMt-And for q further and separate defence, and
reerating all the previous denals in manner and FORM
as aforesaid pleaded the defendants further answering
say, and we'll by way Of notice. that they plead and
will insist upon severay every and all the matters OF
justification In their foregoing second third fourth fifth,
SIXTH seventh eighth and ninth separate defencee and
each Of them and do again severay set up the same
esta an snS claimed Of
Eleuenh-And these defendants reterating their pre-.
vious denias and each and all Of them in manner and
defence aver that they printed and published the said
facts complained of in the first, second, third fourth,
nth, SIXTH seventh and eighth causes Of action and
each and every of said facts in the of their bus
public Journalists they had been in their ca
pacty Of the editors referred TO in the complaint credi
bly, and from motives of public policy informed thereof
and that they believed the and each and all Of sad
facts be true; and that in their said capacity public
journalists they had been requested by the plaintiff to
speak OF his opera for the best advantage OF the public
and that they believed 1t for the best advantage OF
the public, as well Of the plaintiff, to know and be nd.
vised of these aforesaid matters and each and all Of
them and that they had in doing each and every
of said Of defence TO said Of action men,
toned malice towards the plaintiff nor III will towards
him. intent TO inure him his business and that
the said matters and fair and legitimate matters
Of public and items of particular and general inter-
es 70 naos an e
and management thereof and were published for the
purpose OF disseminating among the persons subscribers
TO their said newspaper information which these de-
PENDANTS aforesaid believed be true and such II
true ought to be published for the information afore
said and they therefore plead and will insist upon the
foregoing averments in mitigation Of damages IN each
and every Of the causes Of action In the complaint
alleged.
Wherefore defendants demand judgment for the dis
mssa Of the complaint herein and for their costs and
disbursements Of action.
A. B. TAPPEN, Defendants Attorney.
TIE Coal TRADE-The Schuylkil coal region 10 send
ing forward immense coal tonnage Thetwo carrying
companies the Reading Railroad and the Schuylkill
Navigation, brought down. for the week ending Thurs
day. 2S1 tons8 40s by the road and 49, 1913 by the
canal Az compared with corresponding week last year.