The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-01-23

Mr. H.ll-If you had read II without reading the pre-
Ok would yen SAY II referred to Mr.. Stewart
Wlfpess-I should, do not know Of any person in
business to whom could refer with such drectness as
years. =
TESTIMONY or couRTLANB faIMER.
Courand Palmer being sworn testihed:-I have re-
quainted with the merchants and wealthy men Of this
CITY; know many Of them personally and many MORE
Judge Hton-Did you read the article referred to as
having been published in The Police Caster
Objected to.
jude Hlon-Look at that article headed "a Veteran
Roue (handing paper and say If you have read it be-
fore; and II So whcreS
witness-The article read was in the HERALD-(A
slip from the HERALD was handed to the witnes)-that
Is the article read
Judge Hton-statc whether or not, upon reading that
article, far IL purports 10 be an extract from the
Police Ga,ette and excluding any prefix other matter
attached TO IT. the name OF any person was suggested to
your mind as the one TO whom the article audess
Mr.. Gerry-I object TO the witness answering that
question: inasmuch it has been stated that 1t not
read in the paper of the defendants The prosecution
has stated that this Is paper having extensive circu
ation now they must bring forward somebody that has
read it in that paper II they can only bring witnesses
who have read II in other papers then the suit should be
brought against the editors of those other papers, and not
against us.
1t finally admitted that the extract in the HERALD
was true copy Of the complaint and the question was
allowed.
Wness-I did
Judge Hilton-Whomf>
Objected to. Allowed.
Wtness-Mr A. T. Stewart
Cross eXamined-I did not read the Police Guyette be-
fore saw tins article; think read the article before
read the heading; l cannot thet the words "a
Veteran Rouen the first my eyes fell upon; don't
think first the words "Mr. Stewards afdavit;"
after reading the part copied from the P5lce Gdsete
read the whole article; formed my opinion as went
along regard to the party referred to- the idea that
Mr.. Stewart was meant occurred TO me from the ref
erencc to his commercial relations establishment in
Dcpau row, large wealth. and from the general tone Of
the article have visited Dr. Mott Depau row; nobody
called my attention to the article in question; have
never read it In the Police Gazette.
Judge Hilton stated that they had testimony
to OFFER whereupon Mr. Gerry said he would move to
dismiss the complaint there had been no testimony to
show that Mr. Stewart was the person referred to-
Judge Bowling said that he could not hear the argu-
ment In the case to-day or to- morrow.
Judge Hilton stated that the complainant willing
to leave the case as II was without any argument and
that the defence wished TO offer any argument they
would not reply to it. They would not do this through
any want OF respect for Judge Downing but because they
believed they had done their duty. They had pr-
vate malice or revenge to crafty, but working,
much as anything ese for the public to stop the pac
lice OF publishing articles tending to defame prominent
citizens IL the Court it, in its judgment TO com
NIT the defendants, there would be ample opportunity
for arguing the matter, and If the complaint dis
N ssed that was the end Of it,
Judge Bowling stated that he would not dismiss the
complaint just yet but II he should decide TO hear any
argument the matter he would give the counsel at
least twenty four hours notice
The court then adjourned