The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-10-19
The Opera Libel Suits against tho SUMO ,
Mercury.
ANOTHER ARGUMENT AND P0srPoHEMENr.
SUPERIOR coURr-spEIA. TERM
Before Judge Barbour.

ANOTHER ARGUMENT AND POSrPOEENENT.
SUPERIOR coURT-sp.crAi TERM.
Before Judge Barbour.
Aas Marss.k William CauldweQ and Hrpcr r.
Whitn y.-Ths case, according to previous agreement
between the counsel both sides placed on yeser
days calendar In part second Of the Superior Court Tie
parties to the silt in acknowledgement Max
backed by Nessrs Judah and BENJAMIN hts counsel
Cauliwcl and whitney tho defendants, supported ny Dis
trct Attorney Oakley Hall, Mr. Abraham Is Tappen. aad
Mr. Abel Crook, their legal advisers aud advocates.
On the calling Of the case which stood No . on tho
calendar, Mr. Hall moved postpone on the m.
plant and answer AMI also the dlcs OF the court Ills
first objection was that II would be impossible the
complaint TO try this sui; until the first suit for hs
mcuccd by the plaintiff agains. the defendants scsd Do
placed on The calendar and tried. The first suit
commenced tho 26h OF October, 1885, and the second
one on the r2H Of March 1884 The one now before the
court the second suit and In the complaint thereof
reference Is made TO the first suit Mr. Hall then read
the following extract from the complaint In the ffrst
suit
Sand the plaintiff further shows that previous to the
commencement OF this action and about the 2ist
day of October 1853, this plaintiff commenced action,
against the said William Cauldwcl and Horace z Whit
ney In this court for the recovery Of DAMAGE for the
publication Of other false scandalous malicious defsms
tory and lbcous matter published in the said Sund
Mrca,y Of and concerning the plaintiff and his SAID
business, and the manner h. conducted the
And the plaintiff further shows that tho defend
have, nevertheless since tho Publication a the Sid
lbcous matters 10 the action hercnaboye referred to-
and since the publication " the herein com.
planned or aud have continued malico1sy tss publica-
ton In the said Sasday M-uy Of other false, scana
lous malicious dcfanatory and hbclous matter Of aud
concerning the plaintiff and his nid business and the
manner he conducted the same
BY reason Of the plaintiff tbus setting up tho Grst
suit in his second complaint, Mr. Hall co,sended that
IL would necessary to decide the FIRST s,t before pro-
cecding to the second In answer TO the secono CON.
plant his clients that they would ssbstans.e the
facts complained Of nbclloss by the painn sod
up the truth Of them in justification os their pnblica
ton so long the first sut remained on the calendar
II would be us penen, AND II would >, impossible 10
try the second one, and go @ would persist IN urrng
| Mr. judah answered on tshaf OF this plaintiff saying
that tho application OF his friend Mr. Hall was the most
extraordinary he b~i heard In court ~ insticr
This second suit brought eight distinct and sopa
rate charges against the defendants In no way depend
ing upon the action 1t clear rgbi the plain
tin possessed 20 ask for either OF tho cases 10 be tried
| first. The argument uf his opponent vns entirely
| unpgeceds nted II might we'll be urged shat
| in the of man held On two charges, one
! for bgamy and the other for murder, the
charge OF bigamy shsld be nt TIED. In spite OF the
/ ingenious argument az Mr. Hall thai gentleman had
fail~d show how tho second suit involved In toe
Arst The ibels In the second suit completely dts
tnc from those In The hrst The plninsH accused the
defendants Of continuing To publish other tnsltciors
bes while the second was pending So far bring ug
1t before til co~rt tyncevnc he sontendea thc st
! suit nos At issue at present
Mr. Hall replied that hs would take the gc,ucman on
he proposition arguing stc illustration OF tbs
man chargcd with bglmy aad murder. II was pre-
cisey what he (Mr Han contsndod for fer he argued
that the second suit would be disposed of by the deter
| mnation OF the 6rst What wuuId be the Of try.
ing on the charge Of bgsmy whom that question
would BIO terminated by proving him guilty OF murlo?
After some further argument between the counsel,
Judge Barbour decided 10 favor Of granting Mr. Hall
motion Tor postp0ncmnnt.
stipulation was subsequently half entered into DO
tween the counsel To with tho second suit ON the
understanding that all matters referring TO the first sui
should DO stricken out Without coming 70 any dehnit
understanding however, the case was adjourned until
! next Mond AZ