New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-06-15
Thu STRONG-DENNETT LIBEL SUIT.
Opening Speech of the Counsel for the
Plaintiff
THE EXAMINATION OF WITNESSES.
The Prosecution Closed and the Defense Opened

proprietor Of The -ookyr Times for belous article in his
journal resumed yesterday morning at the Kings County
Circuit Court before Judge Barnard The filed
with interested n tho large number of the
curious being usual attracted the Court In expecia
tiOn OF political Developments
ms DErEYsE ASKS TO HAVE TIE AFFIRMATIVE.
Mr.. Williams for the defense moved that the defendant be
Of the allegations made by The complainant were denied
Mr. Nelson for the prosecution. sand that when pianths
had evidence produce the affirmative belongs to them
both in English aud American courts
TIKI OPENING.
The Court deRed the motion, and Mr. Homer A. Nelson
proceeded to open the for the plaintiff He began by
calling the attention of the jury TO the deep interest evidently
felt by both parties in the before the Court ana poceeced
and Of the Gifts Of Wilamsburgh OF tho City
Of Brookyr. il termed and had held nearly every
Office IN tie eift of the people during that time He had
brought an with simple Justice the evil
dence which should appear The defendant was Tie publisher
Of newspaper in the city of Mr. Strongs residence and 10
that journal taken make charge against the
plaintiff then Senator IN the New York state Legislature
Which, il true might subject the plaintiff to Imprisonment for
10 years Whether that charge be false whether the
cded
The charge complained OF then read from letter in
The Brooklyn Times OF May II. l-oJ:
d DO knor that such aa. ere ready to be PAID far
thcmoc know that senator who would " 70 bride m@Se o.
legislature would not be tender hearted or me sHoJee snI
p s 1 1 s the . ,' ''" LEI " ''"'''a
Now gentlemen that charge was published the homo
senator Strong, published in the city where be yeu
for thirty years published among those who knew nm
him well and those who knew OF his reputation alone
That charge circulated throughout this community and IN ne
language OF one OF the subsequent articles oil TINS deehuah
has been circulated from the Mountains OF Penobscot
20 the pig tailed Cinnamon Of the Golden State Ihat Is
statement which he subsequently, made regard to this libel
we term IT, made by innuendO or insinuaons
but IL bold and plain charge thar ne had coupe
the members Of the Legislature that he had brought himself
within the reach Of the criminal law which allows punish
for years. We hear often said that man Nho
brings suit to defend his character foolish man but j.
rossbe push hurt and charge man until Ge Is competed
to bring the suit and senator Strong was compelled TO ug
the suit in this The charge had been made ana had
come back his treside and 1t became ms duty
to ay the before jury The defendant has made
bis charge with PARTICULARLY mentioning the names OF certain
men 10 the Legislature whom he declares 10 have been cor
rupted by strong He claims that The plaintiff paid
what ,ou are to try whether Senator strong
individual otherwise has brbed Members OF TIE
legislature We must exclude al otes nom s ti5
However much wrangle IN political matters OUTSIDE
read 70 show the powe of the press
and need Of vsan action Of ires TO prevent ITS ebn
liberty Of speechtwO rights dear 20 every ctDen nut not 70
be perverted Its line OF duty y higher and above that IL
YOU look back IN yos recollection. you viii iasien upon
s0s G ~ ,ic bo,orabe conrse Of a public iour.
nal 10y gathering together all the dirt and MIN OF society
aud making what they call sensation sheets The liberty OF
the to he protected ui genemen The defense OF
they this chars made upon Senator strong tue
they had right to make it, prbshed for good motives ana
honorable ends contrary II il is false they had no
right make IT, Nou will take this case as Gu hnd from
the proof weigh in the even balance OF Justice ana u hy
every and title your verdict w be against them Iheie
is thing more, gentlemen We cann9 le on lne ps %
the defendants precisely what they intend 10 take Ihey
tell that they have Published the charge aud that true
and in the next paragraph they say II II IS no, tIue we pub
Bot thing they saidthat We were guilty OF criminal
oaense aud on that the suit Is here brought.
TESTIMONY OY SIR AUSTIN.
reside the Eastern District o. this ciiy am newspaper
Se & Of George Bennett in MAY is65 and reported for
hi, paper in district think the number daily published
from 900 TO 900 "a copy Of tie paper containing the alleged
libel was here shown the witness. who ileuhcd IT,
Cross-examned by Mr.. wiiams-Was a reporter on the
naer presune on the III OF Nav, remember reading the
In which II published, was hb4llif 10
certain with the management OF The editorial oept
nent OF the paper do not Of my knowledge know who
was the Albany who wrote the article referred
to- W - . O., nora ~ nj, a, 10 TINA ~
the pubucSton Of the alleged libel that matter Of
general report and Knowledge who the anthor OF this
letter in which the libel appeared and think that mat ev
dence h admissible in mitigation of damage live give up
the OF the party who wrote the article - al
missble in mitigation Of damages, and also that 4; was
matter Of general notorey IN the community a. TO VINO the
By the CourtWho the regular Correspondent OF Tie
Tiraes at Albany a that nef A. Edgar MeMuilen.
O. Did YOU hear the matters contained IN this article dis
cussed in the community al the timer Objected to.
Nj Wiiams-I propose TO prove that the charges mode
against Mr. Strong were matters Of genera noioreiy and
community irrespective Of these charges IN the paper
The Court admitted the question aud the counsel FOR com
O. Were you acquainted with the reputation Of tie
plaintiff the time the alleged lba was published IN re
Tim A. 10 Inc matter charged ia the publication ~ don't
know II can answer that don't know great deal about
H. heard many speak Of that particular part
OF the charge.
The mex. witness called Thomas Welsh Who deposed as
follows / reside at No ic second-st; mn collector and
newspaper carrier; TIE Tme OF the paler distribute
carry about copies Of the Nineteenth Ward not il
Mr. Sirongs neigborhood Mr Strong lives In the Thirteenth
Ward which adjoins the Nineteenth.
Cross eIamned- have been c9auected with deiendans
paper about % have known Mr. strong since has return
IRON California ia 1886 or 1851 am acquainted VITA his repu
question as to what the public say of Mr. Strong
brbing receiving brides in the Legislature was objected
TO- admitted and exception taken read What the papers
said PLAINTIFF general reputation FOL truth and ye'aciiy
good 81 fnf as know. ...- T.. 49, = - 49,.
brberv in tie Legislature the timer \. II would be i'm
possible to answer that question without explanation
@ Well o on you may answer II with your exrianaion
A. me answer those Of the same political complexion
Mr.. Strong WHO had opposed his election and worked
bad and all that alleged against lin was iIne and
the generality Of the people believed thai there was no onnda
political preudce-hese as well other and reports
Q How general among TIE community were The reports 10
OF matters and things that occurred 10 Caiorno or ~eresnd
to have occurred In California several years ago which were
were opposed 10 Mr. Strong believed f. and they believed he
was q corrupt man that is a. have been told by good
many of thcfn have tried several the bottom
these stories to get at the facts but could reach
the man first originated them.
q How general the reports reference the
Abanythc general report upon BIS connection with mat
ter AT Albany up 70 May TO- A. There wast6e sane d
bis own party said beiole who opposed his election be-
eyed hin TO be corrupt ava tho,e OF l friends on The other
hand who did believe but VINO spoke well Of him;
never bad any occasion to speak ~ OF him.
.s oruosed 10 him In the community have known charges
brought against him previous 20 the appearance Of the article
referred To- heard Jennings make charges against
him think there were paper published the day
of SAID article than usual the stories heard about Mr.
strong were regard TO things that ansred between him
and Mr. Jennings year before Mr. = went 10 California and
from circumstances Nj Jennings argued mat Mr.
Strong was corrupt and liable 10 do all that al.
legged against him manner shape aud TORN think
NJ Jennings referred 10 his Aidermauic ana 70 As Abany
businss NJ Jennings CHEZ Engineer OF the lhms
bufQh Fire Department believe be was IN the employ Of
man named HucAngs Mr. Jennings once told me something
sbout lawsuit between Mr. Strong and Mr. Hutchings
TESTIMONY OF MI. LAIETBA.
Henry T. La!ctfa being sworn depoed as follows lresle