The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-01-23
the ALLEGED LIBEL ON A, !, STEWART.


fore Justice Downing at the Tombs Police Court Al the
time OF opening tho court AIR Stewart was present. with
his counsel ex-Judgs Hilton, and the dsfa. .n.s Mat
sell ana Nacy -ear with their counsel Mr. E Gerry
several Of our prominent merchants, friends of Mr.
Duo art were also present. and District Attorney Hall
arrived shortly after
Judge Hilton opened by briefly stating the subject of
complaint, and stating the case as it then stood He
said that he purposed to prove that the person meant in
the alleged lbeous article Mr.. Alexander T. Stew
art and to prove by Mr. Stewards past life and daily
transactions that the article far related to him,
was libel.
The first witness called was the PLAINTIFF who testified
as follows:-
ALEXANDER T. STEWARDS TESTIMONY.
have lived at No. Depau row for twenty years and
am the Of that building.
Judge Hilton--Who is the present owner
Mr. Gerry-I object to that as mmaterial.
Judge Hiiton-l wish to show that Mr. Stewart is the
present and that the point OF the article Is against
the owner Of that property
Mr. Gery-There is no such inuendo
Judge Hilton then read that portion Of the article In
the complaint which referred to the person visiting
Depau under the preence of inspecting the and
croton water pipes.
was reference TO any one by name, personal de-
scripton given and no part OF the article In question in
pery was the owner and that the word owner did not
occur in any part of II.
Judge Hton-s there any other Inference that can
drawn from tho articc? Us there any who would he
likely drive up carriage for the supposed purpose
OF examining the gas and water pipes than the owner
Mr. Gerry-I object to the question anyhow.
The objection was sustained.
Examination resumed-I have been in the wholesale
business in this city some thirty years
Mr. Gerry objected to this course OF examination He
was willing TO concede that Mr.. Stewart leading
merchant and that his name was familiar "h0uee
hold word " but II must be shown that Mr. Stewart
the person meant. The defendants denied that
Judge Hiiton-l want to show that Mr. Stewart knows
all the leading merchants of New York, and that he is
second TO none.
Examination resumed-From your knowledge OF the
merchants and wealthy people of New York TO whom
should you say the article alluded - -.
Mr. Gerry-I object to the question, calling for the
Judge Dowlng-The witness may answer that ques-
tion.
Mr. Stewart think the article alludes to me-
sexamined-My attention first called 10 this
article Friday morning by Judge Hilton Mr. Libby,
the superintendent Of my store also called my attention
to II; read the article myself very carefully moved
from Depau row in June, 1863 and have not resided
there since; Depau comprises six houses in all;
various persons; the rents have all been paid pretty
regularly might almost say never heard of this wo
man; may have heard of her as having belonged to
Jnignets company, but have never known her person
ally; understood that she resided at No. Depau
some time ago, and then ! tired to get the parties out
but could not succeed never went to the house at all
Mr. Gerry--tHanding witness a cory of the World)-
Have you ever seen that article headed "A Wall Street
Sensation -
Mr. Stewart requested Mr.. Gerry to read IT,
Mr. Gerry read the article referring to the abscondng
Of Carr and the departure Of the French actress.
Examination resumed-Have not heard that article
spoken Of do not know that the French actress therein
alluded 10 is ane same person spoken OF IN the oee ca
pau call there occasionally both on business and
TO visit ding there; for than Two years
after left did not call there at all when went there
did not inspect the gas pipes or croon water pipes
when did call there went on foot
Mr.. Gerry-Is there anything in this article beyond
the statement that the person mentioned IN il is IA vet
eran millionaire is the leading representative OF the
of active business life that his commercial relations with
the principal business capitals of the world are steady
involving inportaons on the most magnificent scale Of
skill aud French taste unite 10 pay tribute to his enter
prise which induces you TO believe that you are the
MT stewart-That u the principal statement that
brings The mailer nom. !: e: NE !as illusion to the
ownership Is another point -, 49, -
Mr.. Gerry-Wp Won s...ccW me where tina, alYsion sY
p,eS AA'0n--n be not directly stated Is I'M
that article am sure that am the person rofared TO-
II my immediate IMPRESSION upon reaiipg tho
article, and not Judge Hon's remark, that made me
believe the person alluded to- When Judge Hilton
pointed the article out to mo made the remark How
could Mr. Ma.sel, after knowing almost all my llfe
permit such an article to appear in his parel2"
Judge Hilton-We offer Mr.. Stewart for exarn
nation by tho defendants and invite their invest.
either In respect TO the charge OF immortality contained
In the published libel or upon any other point that their
suspicious may induce them to inquire into; agreeing
that all Efforts AT justification their part may
the widest grounds.
Mr. Gerry-Thc counsel for the defence desires to be
ther examination OF Mr. Stewart n the stated by
his counsel that os the ground for the defence Is that
the article In question contained reference whatever
70 Mr.. Stewart either by name description,
by the defendants intended TO apply any further
animation Is In the judgment OF their counsel at this
ciined. '''s'' '''''''' - ""' '"'''''-
Judge Hilton-That is nm extraordinary defence and
requires extraordinary evidence.
Mr. Geuy-The complaint In the case Is much more
extraordinary than the defence.
Judge Hilton then proceeded TO call the witnesses.
TESTIMONY OF WILLIAM @. LAMBERT.
Mr. William G. Lambert being called and worn testi.
6ed:-I reside at No. rs West Twentieth street, am a
commission dry goods merchant my firm l. George G.
was member Of the firm Of A. Il A. Lawrence h Co
previous to July 1866 have been 10 business New
York some eighteen yeau acquainted with the
leading merchants and Of wealth of this city Of
moro than sixty years Of age.
together irrelevant. Objection sustained.
Judge Hilton-Hsve you read this ibellous article re-
Mr.. Gery-r object 70 that question, ss assuming
something not proven.
Judge Hilton-Havc you read this complimentary no.
MI. LAMBERT have.
Judge Hilton-To whom does Il REFER
Objected to- Objection Sustained
Judge Hiltcn-From your knowledge Of the leading
merchants and wealthy men Of New York you able
70 state 70 whom that article ailudess
Objected TO by Mr. Gerry, calling for an opinion.
Dtsrics Attorney Hall here stated that such question
pcent on one side as on the other For ION
reading this article for the first time did suggest itself
to your mind any person TO whom might refer and who
itsn This question could be asked as well on the
side OF Mr. Mase and he might bring witnesses TO state
that suggested TO them some person other than Mr.
Stewart This question Is q competent one
Mr. GeTy-In answer TO the remarks of the District
Attorney would wish 10 state that II the article ITSELF
by the words IN which II was couched contained any
SPECIFIC reference TO an individual In such that
could not be mistaken then the rule is you may show
your impression In the form Of the question referred to
by the District Attorney One Of the grounds Of the
fence IL that the very ece OF the article there
refsrenc: sha. viii point 70 Mr. Stewart IL Is barely pos
eble that because Mr. Stewart s millionaire and lead
ing merchant his friends reading this article should
suppose that he was the person meant; and is mat
ter OF surprise that they should suppose Of such
high standing In the community and of such weight
the business world Mr.. Stewart should be thus con-
nected with woman Of such light repute this French
actress This IL not civil suit II IL criminal suit In
which the defendants entitled 10 the benefit Of every
doubt and the prosecution prove the charge: and