The New York herald., 1869-02-25
NEW YORK DISTRICT CIVIL couars-THaO DISTRICT.
Diaicu!ties OF nm ssAufhorcss',--ssPuns'' In ia,
Sunday Dispatch.
Before Judge Smith.

Before Judge Smith.
Sarah A. Wright Us. Imogene Watton.-The plain
It'd in this action .an authoressn who writes SEN
saional puts In the weekly papers In glowing Ian
guage and rather inflated style on all subjects, but
especially those pertaining to millinery and fashion
able dfessmakers. the paper in which her lucubra-
tions have most prominently appeared is the Sunday
Dispatch, IN which she had a column specially de-
voted to herself under the sparkling heading OF
"Scintiations, Chat About Trade.- II is out of
OF articles in this paper OF December 23 1866
that the present suit grew.
TESTIMONY or THE PLAINTIFF.
am an authoress, and III september, 1866 was
engaged in writing for the papers in various ways
had an Arrangement with the proprietor OF the
New York Dispatch by which paid for the use or q
column In that papers ut the solicitation Of the de-
fendant | wrote aud inserted an advertisement In
the Dispatch: al the time made the arrangement
Mr.. Walton the husband Of the defendant, was at
tending 70 the store ana acting as the agent oil Mrs.
Walton; he agreed 10 pay me twenty-five dollars for
writing the article In question, and this amount Is
sfili due me.
TESTIMONY roR DEFENCE.
Louis W. Walton testified that he was the husband
OF the defendant; the defendant Is In the millinery
business al No. 6sg Broadway; know the piantif
and have been acquainted with her four years; 1
employed her ON one occasion for my wife to
write an article and publish IL IN the Sunday DIS
the article was written IN accordance with the
agreement and paid for at the time; Mrs Wright
Us to have 'pnnT' in the Dispatch, and she re-
guested me TO show her some flowers; just then
II she wanted q .'pun'' put IN the paper and she
said no; Mtss Cook and Miss Miles were present.
MADAME wALToS's TESTIMONY.
In 1863 employed Miss Wright to write Q s.punf
for the Dis,Ich and she was paid for IT, and made
no subsequent agreement for the writing OF any
other article.
Miss riy Miles and Miss Della Cook corroborated
the DEFENDANTS statement, and Judge Smith, Ia con-
sequence OF the preponderating testimony on the
side OF the defendant, delivered judgment her
favor.
An Excavation Case.
The Mayor, 6c. rs rie West side ana Yonkers
Patent Rafirood Cornpany.-The suit was brought
against tue defendants for carelessy leaving open
an excavation ON the corner OF Greenwich and
Beach Streets without any barrier or light to pro-
tect the public against accidents. The plaintifrs
showed by number OF witnesses that on the nigir
OF the 18TH OF November last the excavation had
barriers placed only two sides Of il. 1t was six
feet square, aud left In such a condition that
passengers or vehicles coming up the street could
not help tumbliDg into IT. Defendants' counsel
were acting In pursuance OF an act OF
the Legislature, permitting them to excavate
IN said streets FOR tue purpose 0f erecting the road
Judge Smith refused TO dismiss on the ground that
the corporate authorities OF the city OF New York
exercised sanitary aud police Jurisdiction over the
streets or the city. Testimony was then taken IN
behalf OF the defence 10 the effect that on the night
IN question the excavation was not In the exposed
condition stated by the other side. that boys were
frequently In the habit OF removing the barriers,
but when this was discovered they were immedL
ateiy replaced that there was no light placed over
the excavation that night; that the excavation was
not filled UP In consequence OF application having
been made TO the Cr0toa Water Department 10 re-
1 move hydrant on the corner, which the depart
i ment failed 70 do.
| policeman was then called In rebstta, and tes-
Tilted that at one time there were over 100 exea-
were placed over any OF them to warn the public
/ Judgment for plaintin In $3.50.