The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-02-16
NV YORK HERALD SATURDAY lee7TRPIE SHEET

came before thSs court yesterday on ~, ~ han,.
corpus Issue issued ''g Mr. Justice leonard -
commended that the requisitlon upoL which ~
order Of arrest granted was invalid, the rronnd
thas these Is such State in the Union . y,sv,ri.
or recognized by the federal government "a sarh
NOR 10 u admitted a. such by TN ssrsts'
thu, Governor Of this State has no legal authorty
vate citizen by such reqaisition; that We kve M
treaty with Virginia for this purpose ana thai Gornnap
Pierpont Of Virginia. has been appointed by the ssi
dent OF the United States Provonal Governor snSo,
elected by the people. and that Congress says
Court here r en- sSa II
no such State as the State OF Virginia. do think
! .ha, concur In that opinion until am obliged TO
Mr. Blunt, appearing Tor the District Attorney, said
y counsel intends TO traverse the writ
emlner sSs Mr. Dean signihed his intention Or
ro,vens m OEt them ordered the writ to be made
court S's- ' -
The "Grlmsh Gaunsn LIVE, su,t-,re,,en 20
Strike ont Portions Of TIE Complaint.
Charles Redde o. StCeetzer, e. aTha case In which
the plaintiff sues for libel claiming damages IN the sum
OF O00 before this yesterday on notion
TO strike portions or the complaint the ground
redundancy.
Tbe plaintiff is the famous English novelist ana author
among other works. Of the tale entitled "Grih Gaunt;
or jealousy Inc defendants are publshers and pro-
pretoss OF serial literary Journal published Ia this CITY,
Mr. Sewel Of counsel for the defence stated that the
upwards Of hundred foos and covering forty four
pages OF fooap paper and alleges that tho plaintiff 10
~ ss 81 ~ England .nd among Ginsr o
June, 1885. the defendants falsely and Daiciousiy
printed and published the article in question.
the ground for the application was based upon
the redundancy OF the complaint the fourth specinex
q the merely 81 % as
ne third rscaptuiaton OF tSe sixth cause and that
plaintiff 10 establish duality or person by claiming
damages to his individual character man. and also
TO his reputation professionally as author Mr. sher
wood OF counsel for the plaintiff said that TIE cause
OF action was set forth at considerable length In the
!" the e nas the r ss
his client, both author and man; and that
they had been published in i've or six plumbers Of the
paper journal In question: which had not been very
long in existence and seemed to desire to establish for
himself some SORT OF sensational reputation. The
had been published or favoraby noticed In nuner
Gus high toned magazines or periodicals in this
last the defendants began their attacks upon IT,
rious degrees Of calumny or stigma had been heaped
other statements thai at Of the worst stories that
has been published since sterne and Smoett had defed
The literature Of the nineteenth century, that ut reeks
with illusions that the most pruent scandal monger
would not make" that "al people who have families
should keep this improper book out Of their families,
30, and that such . work could not have emsnated
from so graceful pen that OF Charles Reade but that
be had unwsely lent his to be used as its author"
The Court decided that the libel could not be NAM
tanned rs affecting both the character Of the plaintiff
An author and an individual the complaint, and
dered the plaintiffs COUNCIL TO elect upon what counts
the action should be based, giving him the privilege Of
elecng between the first aud fourth counts the second
and sixth and the third and lfth inserting clause
giving them power TO amalgamate. tte. Fl Fl
The Troubles Of the Saxon Consulate.
Francs w. Bir6y Gerhard Jans-cn, It al This case
which has been previously reported in the HERALD and
which involves tho jurisdiction of the courts compel
the appearance Of consuls Witnesses In civil actions
has been disposed Of for the present by the appended
order, seucd yesterday by this court IN the former
case waih conesrned particularly Gerhard JAMS
seis, the consul the Uned States Of Tho ABINGDON Of
saxony the affair rnsuiied in the revocation OF his sx
equatar BY the President Tho present u against
Bis successor, Leopold Sehm,tt:- ~ ~ III 1914
Application for an order IL compel Leopsld Echmit 10
Rppeas 70 be examined witness and TO give testimony
~ the asaAcs OF the plaintiff before trial. and order
therefor having been granted Spaldng and Richard
son, OF counsel for plaintiff, and Henry Lepaugh, or
counsel Tor Schm, and u appearing TO the court from
the exequstar OF tho nad Lenpod Schm he il the
CONSUL Of his Majesty tho King Of Saxony at New York.
. s dered that the said order be and 10 hereby dis
missed FOR want Of Jurisdiction,