New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-12-19

1
October II expired about April gain livelihood by the
dependent upon the opcra for their living cost ob51 $1,000
week 20 carry on The opera never saw tH deiaat- a p re
about tEo days offer he trt publication sentsni can %
roe Oh ne stage wa olitY ar Nicholson 70 s2i9 tf A.g
C1o 97ani'i by Mr. IAN il-G TIE opera i.or -, IT,
operas OF Norm y rrlviaa AID other stalda-i operas were pr
formed thc s,an F.,per Wai not p'roimsi Lrn,Hi wa
up Che ish Of October the Fall season OF 1903 ' had
been 1boui olI Performance week there wa no ollst
lone Emuai cnd h,rua were oPrioHa La s.lsJI BE
do was there that seaon Dad any di ty viii 'he
defendants before Oh publication g. the o,t gu uo ia'cT
Eedrecl1Di ndroT, ia TIA. Peper a TIE Sp7s o. lsi
copy OF mo paper containing tle e'i i0ri'i al nc
complaint ss orii that Che defendants fll'sy vceliy
maic.ousy wIoasfily and uniua'ig printed and bNs,el
p3T in which sToi,s Esre tho ooTias alleged 5sloas
Ie3 o no tsG 2 T5 @s4 so Q, t l az bo
ia. s molcs aud running fhe risk Of coming &C. contact
said 10 I'll up the house deadhead tckcts haa been
tu hed people whom 10 decent culen G.a- wish g 81
azcd forth al their go and shame from parqdeti' dFe,,
cc, aud box thai The obbe. have tccome iri'iel viii
rc,r-a,'ycs from the OF the city gambling h's and
owner. Of poctsihooks and watches are compelled to
4eap hi ghs Iook ont for their valnablet ooc
T,E lawyer known 70 the public az the husband OF no
9ro- courelan Lately deceased This person nightly os,
hol,a with female companions Of his kind That what
@ a., mp ~ ~. C.,i ol, - No vs. I'm Drom
nt pacs on the bills was the mistress Of male member Of
tho fOupc-a whole private character such that
was an su 10 sny viruos woman the house to ALLOW her
t stage Whether this story was true or not had II.
oacci upon The receipts Of the treasury and lastly That
the old opera goers anything bat pleased and this the
last season Maret1ek viii be given lease OF the house
meant by the term deadheld okeiI A. people who
go railroads oni 10 amusements without paving
Paul L. Nicholson sworn Am journalist have reli the
publication Of the first ar'ic, wrote for papers NJ that time
have written The Msc the defendant, bad c0nyers1
toa With me IN regard 70 ile opera ge}pean eonnee-d
with the ctab hmcnt talked with about ~ the person vas
paper very shortly after the season OF commenced
informed l N Croy tnn' could have almost any amount
Jacob Goscic sworn Am musical agent was th. plaintiffs
advertising agent Tor the opera such IN l know the
WHINE solicited Mr. Niae,,ets aiyers,men, from me
mes three ycas ago he did it e asked for dcldhc
ticket, several tunes Dir Newell received them had CONVEX
satons three years ago with him NJ Waey said ihs arii
ccs only done for and n Mr. Mhretz.k wgrll snd
down an advertisement would be al ugLt
Tho Defendants counsel moved for nonsuit the ground
that the articles were not direct reflection on Ar Na'kA
spccil dsuis, had been proven Tie publication simply
contained allegations as9ins public pl9, o. aAgs1'n anu
ois si 82. a' Gsa. arOa the record
jane T. Bennett ~ first witness called f1r the defense
testified % follows Have ben pole, oc'F Tor over Is
quaUtcd with The Acrd'ny Of Music during Gle Opera season
OF l-5}. visited tic place o. detective officer on the
gamblers pcspockets AMI si men ana ist omen into
tc Academy OF Music have arrested nnl driven pespocks
house ani'havr seen them an To- Academy.
eros. cx,mnelIlnvc III Ila there don't know that
ever saw corsymcn There pckYocaots and thieves are
Justice bowling sworn Have been Police justice for four
years was c0mulnlin Of tlc sixth Ward police ior eight
cay of Ma,ic saw gambler, al te Ac4dm, DOM remember
seeing p.ckpo-kcts the hssc nor DO o." hobbies have seen
them on the street wA'n tl' audience va comint on -,
not 20 there particularly Tor the music cav gamblers there ~
m4..its
Icdrcc-Hil nothing 20 DO with The editorial department
Tie ease was then aloursl until this moi.us whea DE
plaintiff cross examination wiz Dr. proceeded with
Cigcru-Dl,. ls-Befgre NJ Justice BiWNHp
THE HLlRING sAFE CAsE-CHArCE or r'iE COUar-M- |
roArANT PRINCIPLES oP Law.
In mi, case which h5. sIsa bl IN r,r reported ana in
which the liability Hcrins Co Tor The c5lsai. OF ne
safes sold by them hs burFaTPl was contested th counsel
There are three aspects In which IL IS case must b. considered
resist burglars falsely and fhnsuenty roprossn - 80
plaintiff that was adequate o. Did defendants warraul /
ih safe burglar proof and accompany sA warranty
with fraudulent representation that Hs adequate 90 rr,
S Di Ic.isats merely warrant DE se 10 be burglar proof
without accompanying such warranty villa any 'e or 'la1
In considering ihe a aspect you vii tr in miad lat |
although defendant. bold themselves orr % th Roth p, Ds
Manufacture Of proof and a proof sfes 20 ineI, -
nothing 90 iher pIops.lgs or nov M w. cd ,r
held or tlli Che safe manufactured by tHea eoha ho w a
possibility 10 broken into by burglars on t' c"niTf WHAT
they do holy o1 -impy 19 u nave .4' ilI ~ NY "
the arts and appilnc' employed by hmriTs ana o. we ~
means ioing sucl and appliance Al strictly ealing
%
chemistry ana a nom ..l study they enabled 10 CON
struct .as lich offer ~ s resistance oie attacks Of
siruction
TO c.a ,hc plaintiff to in this aspect Of The ca'e
rou must either that c safe Boz question was not construct
ed with the material. of the Workmanship aud n hc mode
usual IN the sonsicnE Of sa1s ~ ta kH or ih. ae.ena
mo- greater uro-crou au iron box that The de-
S srt' mont -s1r.nte n flc end not as o. mere opinion
H.. H. ~ W ,lfif va. tlc best MAT DEFENDANT made be-
nown that defendant agent represented as
fc and as opinion knowing ne truth 10 be other
by any audrr crcumst1nc h forced by bur
gas and That puinim believed 10 ana Ieed Oh sleA repre-
won End any one Of these matters then charge you
matter OF Jaw on the arsi aspect Of he ease i1 defendants
have been guilty OF % aHi deceit boz making The sale and are
lbs ~ a los plaintiff has sustained by reason Of snh iraud
II YOU tad H0 one p. th md 90 pc "c T'N WI tne pass
ihc third aspect Of the skipping ne gnd ioI reasons
which win mention hereafter j. may b. wei n9@e,ei 20
direct your attention 90 SONIC ui VIZ cli'. ~ -
point whether defsudiut+ agent represented a sle To pc ne
manufactured several c Of safes varying ~ price accord
ing Ties more o. 's capable Of resistance Ilcc ~
a and chose the lowest sicc and Of cour-" 2 most inferior
one You viii consider these matters n conn Wiih ne
other evidence this subject aud on what pitt! there
defendants agent having under such ciicuA'-ee iu 'uo
I eoasring The point whether defendants Trcnt knowing
m. act 10 be otherwise d with intent 20 deceive repre-
,s t the safe could not by any possibility be- forced by
I5 npicr apy circumstance and whether plaintiff be-
ey IN relied upon sugh representations yRn vi consider
M breadth Of the prOposnDn and win ask yoaTsell how Is
no, c fr any sane man believe for moncnt that safe
10 can be- or will be- constructed that VIII resist all bur
gs unleI al circumstance no matter DO" les my W.A ai
ifle In view that ddnna coif various classes
al .as varying n price seoung ns ilcF poNefs OF resist
pc were greater less Ius showing that they regnoi the
oapaby resistance NOS rs absolute Dut ghy cgnaal'e
vju wiao take yaw the evidence tat pIlntih was
shown the different clssos ri safes thus informing nun tht
49, obitv OF Resistance comparative only ana not ul
soute think that upo al the evidence pertaining 10 thls
peint you viii hardly md TINT this alleged lse ann lI'gua.n
representation was made hogelg IL i D'''' % ''' ''
v0u 20 determine "a al .Ae EVIDENCE. -.
This Is all deem ras.siry say on s aspect OF the
,.e III uuer these and the evidence you found
m be true any one matters which Ahavo charged you
might exist enable iiC plaintiff 0 recover m this aspect you
all lind verdict to paintih FOR s.Ti d. II you ma
- 4. nj NON M. ~ flr