The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-01-18
THE M'CAsE LIBEL SUIT.
Important Ruling Under thc Act OF 1854
SUPERIOR CoURr-rRrAL TgRN.
Be.ore Judge yones.

Important Ruling Under tho Act OF 1854
SUPERIOR CoURr-rRTAL TgRN.
Before Judge Jones.
The libel suit Of McCabe against Caudwell whitney
continued yesterday. but very little testimony
sRy importance produced
Tho nrst witness Miss AMMO kcIvor who testified
that tho alleged libelIous article was Substantially cor
rect statement Of her evidence before tho Grand Jury
Hudson county, except 70 tho fact that she was
scholar OF the Hedding Methodist Church Sunday School,
which she stated was not fact; that she teacher
there and that she had forgotten about God than
Mr.. McCabs ever knew In his life
the at ,nt,on Of the Court 70 the fact thai The csmon
OF Miss Mclvor had now shown that the publication In
the newspaper IN question was simply narrative Of
Jury Of Hudson county The therefore priyi
! legged, and the suis could not be maintained
Mr. Huni'cy argued at considerable length In oppo-
Mr. Hall said that the newspapers had full and very
correct reports Of the proceedings In this trial on Mon
against any q these papers for this pubcaion n could
not be maintained because such publications priv
legged.
pers were undoubtedly privileged They were exceed
ingiy correct and contained nothing lbeous =. but
whether they were Of the same character a. the srsce
upon which this suit wns brought another point
which he would like 70 take short time in ooudering
Mr. Huniley argued that only proceedings before pub
lilo judicial bodies came under the class Of thins which
public body, their proceedings were 70 be secrr ana
the members werc sworn TO secrecy. Therefore could
not DO conended that the publication Of H. prcccedinm
privileged The statute Of 1854 only protected fair
reports OF the proceednss OF judicial Legislative ana on
cisl bodies, arguments, speeches or debates
Judge Jones stated that after turning the sff.v ovsv
In his mind he would hold that all thai would be pscs
sary 10 prove Justification Of the publication ~ ths
article would be that the publication was fair and
rect narrative Of what took place before the
and Grand jury 1.-THE Jury should ind that the veport
Of such character he would order verdict for the
dcfendants 80
Mt Huntley excepted 10 the ruling and the erar,o.
ton Of Miss hcIvor was proceeded with On ber cross
examination she mado several smart retorts unon ~
Huney, and delivered two three little speeches s,
her alleged wrongs and the conduct of Mr. NoTabs 30
the latter she said that she did not SEQ hos. s.oh
brassy faced villain could cit IN court vitboy, $50
sized umbrella 70 cover him. s'"
Mr. Hall next called Mcsrs. James Hghtbodv ana a
n Haines 70 testify 70 smai ponts and after reading
the deposition Of Justice Bradford Of Jersey CITY rcs
hn case. ~ o1
M John n McCAbs, the plaintiff, was then e,,.s a,
rsbus certain evidence but only allowed n ,ss,,s
thai fs never indicted tried In oour for the s,,s
nvs Of ns neIvu. bat that church sal took pscs n
M Hssssy oasssd 10 prove that sAe saiem.,,. 4, A..
eupDose1 lbelous article wcre untrue hut hs 49,.
Wssid ns1aiipv Ne oGss end afer The eram,ns,io ~
tvo witnesses shs 60 v@ Adjourned until tan cicss
shb morning 70 eaabas Ne planu6 produce two
bsu q " uatses esuakI Grand Jary = vi,nssssa :