The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-05-03
FROM NEW YORK TO-DAY.
An Interesting Libel Suit.
--~~~O~~~~~-~-~~--~~N--~~~~~~-
The Proprietor of the New York
Clipper i'm Court.
A Rich Expose Expected.
Etc, ETC., Etc., Etc.. ETC., Etc

ESPECIAL DESPATCH TO THE EVENING TELEGRAPH J
New YORK, May 3.-An examination into
the alleged libel suit of G. L. Fox, manager of
the Old BOwery Theatre, against Frank Queen,
editor of the New York Clipper, took place at
the Essex Market Police Court yesterday
The action has been instituted by the plaintiff
against the defendant for the publication of
an alleged libellous article, which appeared in
the paper named on the Both of March.
Mr.. Fox claims that the article referred to-
showing him to have figured in "a certain
way with popular actress of his company,
was calculated to hold him up to public
scandal.
Counsel for the defense admitted Mr.. Queen
to be the editor and publisher of the Clipper.
Counsel for the prosecution then rested the
case, and Mr.. Fox was cToss-examined by the
defense, as follows:-
TESTIMONY MR.. FOX
reside at No. 25 Norfolk street. have resided there
for year: resided Broome street prior to that
time; have resided in Norfolk street tor three or four
years; do not hire the whole house; occupied apart
ments The second floor prior to residing In Broome
street resided in Allen street, between Hester and
lower floor there; lived in Boston and Providence
70 ms les @ % ese @ line these % %ets re-
Q. How DO you know that the alleged libel means
some reputation as a low comedian and believes he
is the only low comedian who Is manager in this
good many ladies; also a sur on the name, the
article mentioning the name OF "Whalley, Fox d
HerriDg shat he not worth dollar; would like to
have him prove that don't neglect his wife;
with her, not occasionally, but all the time have
brother, Charles Fox: he is second low comedian he
has not got wife: he had one in the episode; three
names are mentioned, himself Miss Herring and Mr..
Whalley; IL refers to Miss Fanny Herring come
denne who performed AT his theatre, have known
her fourteen years.
Q. When did you last see Miss Fanny Herring
Mr. Fox-This morning.
@. Have you driven in the Central PARK with her :?
Objected tC.
Counsel stated that the basis for libel lie that Mr.
Fox has lett his wife and family all in want. The
counsel contended that this not sufficient ground
for libel suit. He wished TO Into each item of
the alleged hel and have 1t declared true false.
The examination was then adjourned to Thursday
next 9th inst, at 10 o'clock A. NJ. Counsel for the
prosecution Judge Phillips for the Defense Messrs.
Charles S. Spencer and ]. ii. White.
During the progress of the examination the
court room was crowded with anxious specta-
tors, including several actors and sporting
men.
Tallston Brown is charged with being the
author of the article, and an attempt was
made by the opposing counsel to exclude him
from the room during the examination, which
was overruled.
The affair is creating great excitement in
theatrical circles, and as party of theatrical
people will no doubt appear as witnesses for
the defendant, great expose is expected.