The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-19

sunday Mercury for S2O,OOO-Opening Of
the Case-Exnminati0n OF Several Wit.
nesses-- Testimony Rs Regards the Visits Of
Gamblers, Pickpockets and Loose Women
mt the Academy Of Music, 6sc.
Man Narstsek William CauldceH, ct oL-The plain
tit this brings action to recover from the de-
PENDANT damages the amount Of for alleged
libel This has been fully reported that will
only be necessary 70 give yssumt Of the complaint and
enable the readers Of the HERALD to recall 10
their minds the facts in litigation.
The first witness called in opening the case was the
plaintiff, who testified IA foows:-
TESTIMONY PLAINTIFF
was the manager Of the opera at the Academy OF
Music in October, 1868; leased the house for $3.50
night for that winter that season commenced on the
5tn OF October $685. and expired In April, 1884 that
was the means by which made my livelihood en-
ins on the business was $4,000 week; do not know
defendants in this action have received applications
from the defendants to advertise in their paper those
applications these about two days after the first
publication in the Sunday Mercury gentleman came TO
and told me to to the Mercury office and step up
to the captains oaice'' and settle; employed por
sons OF different trades, also police officers
Cross-examincd by Mr. A. Oakley Hal-I did not have
the management Of the opera in 1852 ana 1885, the
son commenced March, 1852 and continued six weeks
Norma, lone and Ernani were performed then; the
season in the autumn began on the Sth October; i was
week; Ned0ri was there that season; never
had any difficulty with the defendants before the publ
cation OF those ar.ces determined not to advertise
for that season In their paper had advertised with
them before that tirne
article published on the nth OF october 1893 also the
one published on the 18th Of October.
The plaintiff recalled Redirect-what is the mean-
people who go to places OF amusement without paying.
TESTIMONY or PAUL ,. NICHOLSON
am journalist; remember the publication Of the
articles just read; have written for the Sunday Mer
curry and contributed to its columns; had no converse
o ton OF" Of the ' rs aice talked With Mr. David G.
Croy; do not know exactly what position he had, but
offered you by proprietors Of this paper about the
time OF this publication and for whstY A. II was very
sS NE opera a e nad Savs ws
amount
TO karezek by witness that " hc did not advertise IN the
Sunday Mercury he.would write articles that would ruin
him. Evidence excluded by the Court on the ground
that IL not shown that the defendants authorized
the sending Of the message.
rRsrMoNY JACOB
NY business Is that OF musical agent; have been
poyed by plaintiff 10 attend 10 the OF the
opera; was such in 1858; know the DEFENDANTS
advertised the opera 10 the Sunday Mercury for plaintiff
the business through me; Mr. Whitney noticed the
advertisements Of Mr. Maretxek several times; he asked
for tickets they were sent 10 the paper had CONVEX
sation with Mr. Whitney about these publications. about
three years ago. state distinctly the time but
think IN tho spring Of 1862 Mr. whitney SAID that these
ssaa 4 n an advertisement. i would Be- an right
Cross rxamncd--Mr Whitney said II the advertise
ment was sent down he would make II all right; saw
him BROOKLYN: think Mr. Whitney spoke first upon
the subject met him In pnbic house; the interview
before for many years; can only say that during
the season Of 1868 and 1854 that met him; do not
had but interview with Mr. Whitney In Brooklyn,
and we did not talk about the libel suit then.
Counsel for plaintiff then offered In evidence other
referring TO the articles In question, after which
he rested his case
Tho counsel for the defence moved for suit
the ground that the allegations contained in the article
OF October H. 1868 were general in their character aud
such been heard hundreds OF times from pupts
which Published the 18th Of October 1853, he
argued that the language was expressed ia terms winch
left II matter of opinion whether such things
alleged in the article wore true or not also that
nothing personal TO aretzek said but that 1t
libel " anything against tho place of amusement that
il not charge OF maeassncc but OF feasance
on his part II anything; and also that nothing Ia tho
article OF the nth OF October reflected upon Mr. hare
EEK
The motion denied by Judge Russcl the ground
that the interests could not be separated aud that If
person charged hotel keeper with keeping Disorder
Iy house II would affect his business even he not
mentioned at all Exception taken
The counsel for the defence then opened his case by
syng that this belonged TO the class Of suits called
"specuation su,ts,n who're very uncertain which
way jury would decide II was suit where, II the
plaintiff did not succeed, he would lose very ttle and
II be succeeded he would make great deal II was ad
med al the outset that tho suit brought against the
defendants pocket The counsel then SAID that
who seeks equity should act honestly; he should seek
justice with hands; and n II could be proved that
the plaintiff had helped loosen OF the
muniy he certainly could not ask damages at the hands
OF the Jury For s part be had never heard Or read Of
ages to who has ndoged In the widest criticisms
and datrbes against othcrss The speaker continued
his remarks by saying that he intended 70 that tho
plays acted there immoral their tendency, and
instanccd Rigsfto, ss merely history Of seduction
from one ond 10 the other, and yet young women are
persons dressed ticiously bs
seen nowhere outside oil the Black Crook, and TO see Sc
ducton; but because gamblers and picpockets visited
tina, place Of amusement that dispsrsgement to
Mr. haeizek, because they visit churches and lecture
rooms
After few moro remarks Mr.. James p. Bennett was
called as wiines3io the Defence and testified as fol-
rxsrnoxr on JAMES r. sxSxxrr.
have boon In tho police department for eighteen
wears detectiye and policeman; was acquainted In
1858 with the performances at the Academy Of Music
went there to look out for pickpockets my stand
In the lobby and on the stoop.
g DID you see gamblers and pckpOctet' In that
Objected 10 BY counsel for the defence the ground
that the Law does nos permit any such general alcga
tons TO he proved The counsel said that here was
libel out general terms which at affected the
character and reputation OF the paintn NJ an opera
was jusincaon Of ibis Ie then proceeded TO argue
his position 81 length.
in the aggregate and therefore they must be proved
separate casee which, taken In the aggregate, viii
prove the whole. An exception taken BY counsel for
Court ruled thai the question should refer 70 some par
ticuIar time, and embraced too many persons.
witncss--T have seen pickpocketa there and have
arrested them there; have also gamblers have
seen ladies' IN scarlet opera cioaks going In and have
Crossexamined--I do not know that have econ
clerrymcn there have Mr.. Hall there frequently
Mr. HALL am q district attorney.
rsrxoSy JorxrH powIIr0.
am on my nrst term a. Police Justice; l have been
Justice nssrv four years and for eight years was cap
tain Of the Sixth ward police; know the opera season
Of 1891 and was at the Academy Of Musc ~ that time;
have seen gamblers there; do not rcmember 70 have
pickpockets inside In the lobby; saw them on
the street the audience came Qua
Crossenanned-I went 70 sec tho people that were
there hear the music particularly, have seen
gamblers there IN tho day time. NJ o matinee.
TESTIMONY or cHRrriAs y nporcAtL
am detective have been such for ten years Was
Al the Academy Of Music IN the spring OF 1883. Was
there usually officially, for the protection OF The peoples
have been IN the constant habit Of going there for
several years saw pickpockets and those repu,ed to
Be gamblers there.
Gross. examincd-1 do not know that these persons
were gamblers except by reputation; know that the
persons were pickpockets, becausc ! arrested them
there; did not inform Messrs. caldwell Whitney
that there plckpockets and gamblers there.
rvsnnoSy william Yorvontpon
cashier OF the defendants In the spring ~ 1853,