The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-02-05
sFsIE ssgaI @cal.
Libel sail again-s the snnday Mcrrury--
Dnmaxes Laid ~ $4,000.
rSforr guHre GlIi,srt.

Dnmaxes Laid ~ $4,000.
Hsfow juice cabgr-
to epag q ElnaiAan Z. sAndrrsnn ". Caalawel
Maalney. olitara ana proprcscrs % the S,ala.ty
hrupt, came ~ fos tsial yesterday morning. Mr..
Cfensais = seuks and ex-3aage Reynolds appeared
~ tse plaintiff and A. Oakley ian and Mt. Place for
AZ. Jonas IA opening the case m che plaintiff.
said tnAi ~ vas 4 iawytr q 'rooklya o. twenis
years sianiing, man u rood reputation sna De
pendent To- biz support upan tue good viii
al me ciiik a. am0ng whom ~ lived. The article
eompalnea "a appeared Ia defendants paper on the
~ November, 1885, 1he issu1 ~ be triea wss whether
fnf article Wa- published hy DEFENDANTS frOm good
motives whether il was ! dell1craic attack never
rpcuie - upon the character and reputation o. the
piaintM Whatever the excuse, the artlcie in qnes-
tion struck a. te honor % he piAiutln ard al
ownership and thr iarre circuiailon ID New York
and BROOKLYN q the p4per IA wheh tne nbellous
the article ~. Sandcfsoa was candidate for mem
bersof Assembly, N the ciiy ~ breoklyn. There
M Ne tMt large Disqualification kAoSn - The sol
al receiving. me article complained III Vas he
sgned - lnure She reputation az pialatir WITH thar
eiass q eiti1eas- The artice wa thsn resa anu n
sKlaslhan l. sa0derson. extra raalca candidate
tor Assembly irom me rnlrd fOursh and Eleventh
wards ~ BROOKLYN, did good thing n his s0Dcr
moments IN the way ~ collecting soldiers claims
AEainst the government for learfal percentage.
way n supposed 10 he ! bsg thing and nlay eject
him ~ the Assembly on the loyal ticket although
the soldiers and sailors arr GU 10 fu iorcs against
The plaGntifr called bat Two Witnesses. both law.
yern who testified " their acquaintance with him
Dor seven years and upwards and that he was a
lawyer N GOOD standing. here the paintin rested.
Mr.. Hal moved 20 dismiss IRE suit nrsl the
rruand tha IA no part o. the article vas there .eTa
hD,l which was acti0nasie; there no part q a
that Wa llbeons D~r In tnr next place no -pe-
ciai damage mad been shown. AMI specisi DAMAGE
took ~ tne artlcs In question AMI rad Il through
stopping ~ each striking phrase - comment apoa
u ana aolne Wal ~ ooala " naAs me article ap-
merely playful arguinEaf, n Wa sall. against the
election - Nj. sanderson - thr onice for winch he
Nr. Reynolds ssld It was apparent upon the face
Of the article tha u came under tn ordinary deani
make hs FAC, mS a eae Ha0T hss va 600 20
cal l playful Argument L 81 sny,Sisr could
man tbs article was. II was not every word o.
syllable that was ibellous: but taken a. a whole n
ms rcps,af"a win tae sossler. AL 500. - h'1fs
Tue Court refused 70 grant the notion 10 dismiss
The defendants admitted the publication ~ the
ntice IA question, and called bus tive three wit
nesses. No attempt was made ~ justify the state
nen,s made 70 y ne ar,loie 70 question: Mr. Perry
hess whose testimony had amp maferlal Dearin1 On
the case, testified that On the night previous 70 the
pubilcaion Of the alleged nhtilOus artlCis ne
went into the once OF Tie Nerr-ag aud there found
Mr. sandefhon In Conversation with Nr. Nnlfnev
SdlucIsun HAl Win ann a copy 81 tne BROOKLYN
sStdHddfd which contained three puHs 81 M. snn.
derson as candidate for Assembly. winch he WISHED
the Ay7frg TO publish. sanderson soon lon, Dot be-
fore going requested Mr. Perry 20 use rs influence
with Mr.. Whitney 20 secure the publication Of cue
OF the three purs and 70 say u should he pald FOR.
Mr.. Perry referred 70 the Mandatory paragraphs gstn
him and atiested 10 their truth. Mr., Whitney said
that would be impossible 10 publish eitner ~ them
NJ any price and said thst an article mad already
been printed In the side VI the paper then 81 crib
cs.ng Mr. sanderson. referring 10 the pasAsrapn Ia
suit.
The Court charged that the article was no, q H.
ON s face, but n was question OF fact Tor TIE jury
10 sav whether a. was q libe or not In regard -
newspapers the theory OF the law y that tcS have
the right 70 liberal criticism, but they have net the
right 10 calumnlate any nan. newspaper ma na
right 10 excuse crime Justice AMI common nonos
require that the truth 10 spoken IN respect - can
dldaies for public once. bnt thetlmn "a truth must
never be ovcrstepped. n m the minds of sur jury
the article should be regarded hell0us. theu me
plaintin would be entitled 10 compensatory dan
ages. II they saw IN the article 4 wsut0n anu ma.
ncious assault upon tie characier ~ the p.nlnf.n
then they had night ~ bring IN vlndsctive damage.
or smart money THIS vas AL a matter i~it % The
discretion 90 the jury.
Verdict not yet rendered.