The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1871-01-28
IMPEACHED.
Robert Fox, Proprietor OF the American
theatre, sues the Owners Of the "sunday
Tlmeac for Libel.

Robert Fox, Proprietor OF the American
theatre, sues the Owners Of the "sunday
Timeao tor Libel.
This morning Robert Fox proprietor of the
New American Theatre, commenced proceed
iDgs against Messrs. John H a. Henry L. Tag
gart, publishers of the Sunday Times, for the
publication, on December 4, 1870, of a malicious
libel calculated to injure the deponent ant
hold him up to public scorn and rdicue." Th
case came up before Recorder Gvn. Hon. T. Car
roll Brewster was counsel for Mr. Fox and
Messrs. Lewis G. Cassidy aud William b. Monn
for the defendants. This was the evidence
Alexander Thompson swOrn-I reside No. 1922
Mervine street; l purchased the paper dated De-
cemher &, 1870 from the Office Of the sunday Morn
ing 1fUttS; the son gave IL to me and i paid the
father the money; trst met the son and then sub
seguently the father, who gave me the chang e:
Robert Fox sworn-I reside No. 1901 Green street; ;
q. Be Kind enough to look at this article in the
paper aid say whether you reside at the place
named
A. Yes, sir understand that article to refer to
me; have lived there for two years, aud have
never had performer except one, Mr.. vivian, ever
in my house. and then he stayed only Few mi
nutes; he was passing through the city for Pitts
burg and stopped; my house has never been any
disturbance or annoyance to the neighbOrhoOl;
there is truth in the article where II states that
remon STRANGE from the neighbOrs had been served
upon me: therefore could not have made the reply
Irols-exsmined-The article does not specify any
particular Sunday; l never had any gathering on
the Sunday preceding December d. or any other
Sunday; never had even four or five friends there;
heard no TumOr Of such thing until it in this
sheet.
Matthias Marple sworn reside at No. 1903 Green
street am next door neighbOr to Mr. Fox; he has
resided there about two years; his house has
been an annoyance to me; / have never been an
moved 10y any OF his visitors
Mr.. Bi Biewster then read the article in question
and quered, from your knowledge is this article true
or untrue?
A. My belief is that it is untrue.
q. How has the house been quiet?
A. II has been kept orderly, and has not, in my
judgment, deprecated the value of my property.
DR.. l.. s. Phhert-I reside No. 1902 Green street,
directly opposite Br Fox; have lived there years
Mr.. Fox has been there about is months or years
there is no truth in the article in question; don't
think have seen 25 strangers come to Mr.. FOX's
since he has lived there the house has been Kept
orderly and quietly; there has been general de-
probation in property, but am sure 1t Is not from
the cause stated i'll the paper; have no complaint
against Mr.. Fox, and have heard nothing OF the
sort from the neghbOrs as remonstrance.
Judge Brewster here stated that the case was
closed.
Mr.. Cassidy stated the defendants could make
no defense at the preliminary hearing, and they
were ready to abide the decision of magistrate.
Mr.. Brewster asked the Recorder to hold the
defendants only in such bail as would require
them to appear at Court.
The Recorder then decided to hold each of the
defendants in $500 bail