The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-23

the double ssnse In which the words complained Of mar
be ADOPTED We are not 70 take the worst or most w.
furious sense when the words may properly and mats
rally receive harmless a. we'll q 40 offensive construc
ton Button " Hayward. Modern "A; Hos w.
What was Il the intent Of the publication 70 charge
the plaintiff with having committed OF injurious o.
Offensive nature In the public esmations The pleading
Are the Court 70 seek for IL Surely not It The
ofce Of the pleading characterize the intent SO that
alleged BY the complaint thai the intent q
the publication was 70 charge the plaintiff vita
keeping prostitute for Illicit purposes the defend
ant might BY denial have raised issue properly -
some such Interpretation must be pu. upon the words
complaint 70 do 90 In case where the words have
ambiguous sensa There several strong anthonseS
Which c g. this ys. In Doow S vs. . rsi ~
having officially certified that adavit was sworn =
before him By the person sgnus when no oath ,v wss
submit jury question OF fact In what sense the
words used beng insisted on BY the defendant
that they impaired only charge Of nadverenoe on M
The Judge charged that the words contained charge
OF official corruption and thai is was only necessary =
consider whether the defendant was guilty or the
publication was hold In the Court Of Errors that The
judge erred these rcspsoss Tho fact OF the csrnca
charge was open TO harmless construction.
In Capsl and Others va. Jones l66 Eng Com l.. 36d
charging me p.na. Win W
the Market without any innuendo connecting the PLATA
til with tho false representations, was held not 70 y
actiOnable.
Numerous other Illustrations wore cited upon No
points OF COUNSEL but these are think, sufficient
The allegation that the publication was malicious
not sufficient 10 the meaning and intention that coz
stitute the malice These depend upon the sense u
which the words used and where they are ambg-
the In which they become ibelous must b
stated. Where the sealoss words are MOT ambiguous
they require statement explsnason to show Their
application meaning
The Judge at Special Term must have granted nov
upon ground that the Judge Ut the circuit com
United In his Interpretation Of the alleged Libel
1t could have been for the refusal to permit ~
amendment, think, that is discretionary.
The practice granting trials at Special Term ~
q different Judge from the one who heard the cause -
the Circuit for legal error at the Circuit Is OF very
doubtful proprey and has never been tho practce IN
this district.
Errors Of law committed by one judge are moro
properly to be reviewed al the General Term ought
not to be assumed that judge has any better know
edge OF the law than another II any other rule were
TO prevail the judge having fact tho least knowledge
well the least dslicacy, might At Special Term. re-
multitude OF verdcts taken at the Circuit before
another Judge learned than himself In the pres
en think the Judge at the Circuit right in his
Law, and that is the only question under review
concur with Judge Cierke that the order OF The
defendant be at liberty TO enter judgment upon the d.
recon Of the judg6at Circuit Diminishing the complaint
with costa.
Sutherl and, j., dissenting.
copy o. L. BARBOUR, Reporter.