New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-11-07
UNITED STATES CIRCUIT COURr-NovExBER o.
Before Justice NELSON.
LIDEL SUIT AGAINST THE TRIBUNE-DLMUhhE@1 Az

UNITED STATES CIRCUIT CoURr-NovrxBEa 0.
Before Justice NELSON. 49,.
LIBEL SUIT AGAINST THE TRIBUNE-DlMUkhE@ Az
THE ANSWER.
J.eac Cook agt. TIE TRIBUNE Association ,
This was a libel suit brought against 4 HE hid
usx Association for an alleged libel against the plaintiff Inc
pesdngs in the old style Of declaration ana tho
the declaration contained eish counts % br ar they
defendants pleaded the general Issue 10 the o.Iei l;n
made 48 separate pleas, substantially Jsnyns o yerc
To these las pleas the plaintiffs demgrfed Una, % Gov obs
not a. broad oenes charged In tine noel anu ''
The demurrer. were argued yesterday by Mr. Eyars for
the plaintiff, and Mr. ]. L. Williams iof 'no -''s
~ Tie IalIowpg ars Mr.. wiliams's points:
| Mr. Williams for the defendant ~ a.. s,,
There are eight counts in the Declaration To the IIa
second fifth and sixth the general i;,ue Only ~ yenh and
plea Is not demurred To the third fouI' IN S these
eighth counts 40 separate pleas are in'eposed ~
aI counts to which these a. special peas are ines
po.ed are in fac, bat fno the third and seventh e D''
unguhabe are the fourth and that the defendant
comno.d and published of and concerning the .n.m NV
o os IL Is alleged the deferdan. meant 70 charge tua
the psutif was fulblo~n .coundie =, ,nonsv 10
undt person to DO ntrusted with large , % and Il he
vel, witb half million dollars by the Init'u az ~ I'm
were 90 intrus,ed he wonA convert Ills same " "'
AMI 10 these two count. (which In fact are onel are "
in number to all from the I'd to the ga 0''"
Of those pleas wit: all rom The 81 TO me tl'
both inclusive charge q. many dns' emu s,o am,
Under Act Of Aug l0 1876 Sec TO- and the
others embeIzemcnt' at common awi q, a., ,,,,r,s
Tbe Other three charge fraud and elonies Of the pnhtn
b cIerk. and employee while Postmaster Of 1heagoi ao
conviction before the Postmaster OF dsrr' embem
ueus and that be wa, Hereby compelled TO IsuAa s'uH'
The fourth aud eighth Of The declaration (which are
skc) cl aTge that the deiepdaut eomp9sea aIu
published o. aud concerning. tho Ilain'ih eer",
word' which he alleges , sIe word. Il !. alleged
tho defendant meant TO charge that Tue pnnth @i.s
roa by MUIR, 11y syeSi In conduct
g biz official due' such per on. as would ~ TOE eouf'n c
The sK pleas to wit: the iJd, 4b' 18th 'oih th sna
th by which these counts (which are IN iact bat one
are u.Gcd aege that during plannh. neumO,nsy as sJ
Postmaster frequent emb,lz ements Of le''es end yaao
ter. opened and rod Of tneiT 'ain@oe oonie " ,,
employed by him. cspciiy by bis t~o nspnew. ssa ,a,
the accounts Of tho fo'tohce were TO- G,,n
employed by bin With nont to deiiSad TIC o''e'H
The demurrer admits the truth Of the allegations contained
10 determine by compsr Of the two, whether the pleas
sreey ~, down aud pressed the respects IN when
no pea were detective required by TIE act OF 49, seton
- Hut the demurrer il bcd q any specifications "Hch
I'M. put,a will b. confined 20 tho meaning which In his
tbgie 10 tie asuase of the publication and hence the de-
PENDANT not bound TO make hs pea any bosae su
s@i, At TIL Al and c. es' y. and R.. 49, ca%pb
s6i Price 80 u. aud C., H. Williams e.t Stout "
AID ~ s,5. Tyr. C. 10. = C. i Chit on y I'm. pl 80.
But even u the Plea not 20 brood a. the mesnins 81
considers si the psas not FOR is, reason oad ior
the eanr. attributed 90 'e ruo eauop 10y me nnngnaos,
OF c54nt afe sustained ehcr by allegations ~ Nay o
iaduccmcui or by tie publication iiseli.
And although tie raDti ~ b. eonhaedt 20 me meaning
VIZ ..,h rs',,n. urIe.. (, b. sustained -
mli.e ale ed b. o.lndpecucnt ~ ~ 'Ac p4oeAoH
i,.gI ,.,,e.,
rsgu, h- s.t. forth the whole article tt Hprn ded IA He
columns OF 1muNST, yeiie doos uo oomp ntA,t Huoh
the greater portion o.. 30 BE- not fuc. ne sop-. 81 :. rs
I o.. ...frl'
ten, TO be- called epioded rgroiof' In th" seven
, slrb h. ,rr. TO be meaning Of some
portions Of the rublrlon II T. ouy thr'c lew eaninis
couT Lcre, as the pleas demuFIed 10 count
X eoe now TO eoniI tho defects specially 'e down
= Emo ctprc..ed ~ the demurrer. -,
ou lie - aad d pace Of tho domIfer here ere eye'a
Tfriri"d III" 'n .i'' ''''illnt W - 80. m .
h snswcr O. ah four u o." counts under ne
the charge ttat tho rtnih
iul blown 'countir aad kn''e' 1nhtto D. H.,ra WIZ
r.e .un OF money, and sAai VIII" fo,im'r % 'higi-o
ri, ectrd around ha los natural affinity cnploy.s clnp'
IN. .n of liry All th.s fc'srs 40 ely aH
Of tie PoOco AZ chicago BY tho p@'hh ana Us
nj. ocond plea n 20 e's four counts containing
thee legations. d' ais cicl1Ney win the same e,' 'u
u appointed diver ccrss snd subordinate TO ai IA Tie tin
ron and d. livery OF letters and Other mAtirfs conn'' ,d
trr.wh and such CLERKS aud suborinatcs while 90 ~
aged. icIoliousy and opened lrtlo and ab'if'cd
, their coutcnts-nouey and Vai'ab'' @c-to an alarm
.rs .rtrut: that instead transmitting dead letters
. - 49, -, l'tv t... ,'.fLs AID subordultos broke
yer Of y.o ty corpned TIA, during the period Of tho
y isu A. nc 6eucv the accouuts record. aud transcripts
a ho knowingly wifay and uaudueniy issihcd
- by the plaintiff and has CLERKS, whereby lAf;'
a sum. Of money which received and col
h rted by the plaintiff ,uch Postmaster and which Ought
D. g. have be, credited 10 the nied stAi ana ifon te "a
Is time paid wholly lost 60 the luiied States That
A with intent dorIul the Government. and by means
c other 'e entries and wrong account records and tran
,cpis other srsc Gums 81 money which ere collected 90,
received by him such Postmaster n aid office aud which
ought 20 have passed TO he credit OF The uo'eumen a'
- from time to time p,id over TO H. were ia ne manner rd
euy ouuf for md we're mover PAID over or aAo"
n edged Oy tie Illluih whereby the Government de
ar .rsld-l ont OF - 80 Of is lawful revenue.
- That durins tie period Of h. ncumbency tie pan''t
started ne"spapeI cn.d Iar taeiyo HaH OF when ~
wl EDITOR nd proprietor That ioT the putpo-e OF eendn
IN s circulation and procuring irud, for maintaining aud sup
- p,Itiug toe pub Of the plaintiff uuu.y ard
~ irary to Bis dIy led sud exercised hs authority Post
u t~ clerks and 'mpoyrs iu the fostOhce bY
,i,.by r,rci tre 10 ,,utri,u,r .trh money and III,
missed other o refusing Co. do Thea. by using h' office Il
y Goseinn,'ni IN the ro.i.Of g 1t CLicaro
Te ioe OF te met and principal objection to hi, plea Il
. not that 'y the charges contained IA,
io cuntsto witch il appi' bat that Il II donbie be
Z theory Of the objection Is that II not competent ia plc'
X 20 answer mofs than one count OF dccaIa.lon
d. Tho objection Is clearly frivolous
ID Tie three ucAt Pretended spc hcatons are but cpelon
N o. ilr ur.t aud are equally frivolous.
The hnh pretended prchcaon "a specification ut ~
II b. g,urGel los general deiufTeTit general de-
urr' were allow able IA th. ou't-and IL ir'oous even
=, 40 .,,l,hui the plea tender. nnateral issue q, t,
o. 7ho Chicago Hoam-i. OBJ ciion which, u well taken
could ouy be- raised by motion 70 strike out that matter
y The rue Of the seventh pretended ,peciGeaton
u Toe tao nrAt spcg cutou, olrc a tie counts special,
Ia peadcd TO- charge TINT uc Publication set oIth IN hc
70 the fIIgTs act of tho plaintiff whereas
pleas ri'r 60 s acts How Judge OF tho
but BY the p,st' Mud how woIds charging that
unit to be m'iod With the pubic moneys br justified bot b
showing that When be iLustod villa them he c5el
zl.d thcml
Is Bu, the inuendo allegation tina, the publication refer.
~ the future conduct Of tie plaintiff sustained by IN
sngusg- OF the publication aud may therefore bee rejected
supIusae' EoBcraV Camden. East -; 3 aims 20 J
IT., 91i ; J. H., I'll Chit. on ri. (m. p.) i0T
The specifications under the demurrer the t.th pies