Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-11-25

injured in pecuniary roi Of view, and !
would sustain part of tn costs, and as far as my
Tecoll 7ctiOn allows ME TO speak now, / think |
told him at the moment that 1 would enter into
ton 1 considered it the best way to let the
matter drop, and see If We could not first have
the editors Of the paper give some us sstisfsc-
ton, and proposed for US both to 90 there
and see what they said IN the matter,
The next morning we both went 10 The Star
office; went up in the editors room, and spoke
TO Mr.. NOyes about the matter; Iintrod uced the
subject first; told him that L was rather sur.
prised 20 see the piece in the paper at all, and
that If there was anything in il that the &C.
currence had taken place almost a year prior to
that, could not see on what ground this mat
ter go. into the paper again; well, he said that
il got in there. and did not press him for any
satisfaction: Mr.. Prince, though, nv worthy
namesake, was rather more anxious to know
who the parties were that got II published, and
MIR. Noyes said that he would write mp
ticle that he thought would set the matter right;
told him as far as was concerned | thought
that would be as good thing as could be done,
and let the matter end there
q. What did Prince, the plaintif, say about
it? A. In presence OF Mr.. NOyes he said, 'well,
You put III an article TO suit my ideas of salts
faction 1 suppose L will have to let the matter
end there. too"
q. Was it talked over between them a. all, or
between yourself and Mr.. Moves as to whar
should be put in the article-whether il should
be playful article? y. 1t was considered over
whether to put it in as point blank denial OF
any occurrence OF the kind, aud l todd him
didn't see how II could be put ia 50, because
CYRTAIN CIRCUMSTANCES
hadtaken place sometime previous TO that giving
sOrce color for il. There had to be something or
other said. | told him the particular part 1
wanted to be exCnerated ircm was having re
ceived thrashing aud settling for it with a
drink, because L didn't want t. be published as
such a pol'rOOn.
q. What cid Mr.. Prince, the plaintiff. desire
to have done in particular? 4. To exonerate
him as having had any kisp t0Rdtn SEa take place
III lis place OF business
q. Was IT talked over there whether il should
be in light and playful wien, or in what style
and manner it should be given there? A. We
left il 10 the good judgment OF AIR. Moves to
write such an article as he thought would be
satisfactory.
q. 1t was left to him as to its tone and man
neT? "A. Yes, sir.
G. But it was decided that it would not be
plump, fiat-footed denial, for there was little
something of II? A. Yes, sir; there was a little
something of it!
Q. Did you see Mr.. Noyes again after that in
reference to the matter? \. Yes, sir.
Q. Have you had any conversation with the
plaintiff about the suit? A. In the first place
he told me that the lawyer was now deceased
who had taken his case in hand, and that he had
no money TO spend in law. but that this lawyer
haG very kindly taken this case In hand, and if
he did not make any thing by it he should not
Q. What lawyer was that? A. really forget
the name OF the lawyer now deceased.
q. Was it Mr. Waliach? a. Yes, sir. Then
after that he told me the case had fallen into
the hands of Mr.. Darlington, and that Mr.. Car
Iington was willing to carry it out on the same
footing.
HOW MR.. DARLINGTON CAME TO BE EMPLOYED
IN THE CASE.
q. Did he tell you how Mr.. Darlington came to
be employ ed i'll the case? A. Well, as near a.
my emOry serves, he said that the legal bust
ness of the late Mir. Wallach had fallen into the
hands of the gentleman vino has the case now IN
hand, and that he, among other suits, found
this, and proposed to carry il on on the same
teTI1s,-if there was not a satisfactory verdict
D
THE SPECULATIVE PARTNERSHIP.
q Dithe state how much the lawyer was to
that was a confidential conversation between
the gentleman and myself; that he had N AIDE
satisfactory terms with the lawyer in the mat
ter; that it would not be any expense to him,
and IN plain 1cOrds, that there 1oas to be diuisoa
Of ashdtertr the Uerdict lcdS.
q. What did he say to you about his not pros
arrangement as that? a. He merely said that
he had not the money to enter into such a law
suit as that; that has time and money we're north
more 10 him than 10 use it that ,Udy.
&. AT what time did this conversation, to
which you now refer, take place? A. He in
formed me before the case had been put into
court at all that such thing was to take place,
and told him then that thought it was folly;
that it would be no benefit to him materially,
but only gain nOtoriety, and not popularity;
that considered it was anything but judicious.
Y. After the death OF MIR. Walach YOU had
this conversation which you first related? a.
had the conversation with Mr.. Prince prior to
MIR. Wallach's bringing the case in court.
4. But one OF the conversations which you
have related did occur after the death OF Mr..
Wallach? A. Yes, sir.
Cross E1aminsd.-By Mr.. Darlington %
versation that Mr.. Prince was damned rascal?
A. To the best OF my knowledge did not.
q. You had conversations with Mr.. Prince
about the arrangement with his lawyer, Mr..
Wallach, who is now deceased. Did YOU under
stand him to say that Mr.. Wallach said that he
would pay the court expenses and prosecute the
suit at bis own cost, or simply that he must pay
the cost himself. and he would accept u retain
ing Zee and take as a contingent fee part OF the
damages? A. He did not say anything about
court charges. lie simply said to me that it
was matter that would entail no expense on
him.
O. Didn't he say that he had paid Mr. WAL
ZACH retaining Zee? A. / cannot remember
positively. He may have said so.
e. Did he tell you that either one of the Mr.
Carringt0n's had solicited his business and asked
him to employ them in this case? A. He told
me that Mr.. Cdrringtan rotanIarily offered to take
his case in hand; mat lie had taken his case in
hard and would prosecute it for him.
q. Don't you recollect OF his saying that he
employed MIR. Darlington in another case in
remember of his stating anything about his
being in another case; L only remembered the
part that interested me; he said that the case
had been resumed by Mr.. Darlington on the
same terms with the other.
BY Mr.. Riddle.-Q. i understand you to say
that you do not remember to have used the
Wofus W huue ABOUT trlnco tnat Mr..
Hume says you did? A. Well, Mr.. Riddle, if
may be permitted to state, in the pos ition was
in, you know, in a sub-cellar, and likely to have
met with pretty severe treatment, cannot tell
exactly what may have uttered.
Samuel G. Young, sworn and examined by Mr.
Ridde:-l am engaged in the office of the Eve.
ming Star; l have been SO employed in the
neighbOrhoOd of three years; was there at the
time OF the publication of this article.
Z. Tell the court and jury what you know
about the picking up of the facts-Or supposed
facts Of this story-tell us all you know about it.
A. think was in company with some gentle
man on the avenue, either on the avenue or in
some store on the avenue. As stated on the last
trial, do not exactly remember the names OF
the persons who were present; there was a con-
versation going on at the time in regard to a
certain affair which had transpired in which
MIR. Hume was one Of the prominent parties,
and Mr.. Prince; the conversation, as l heard
it, subsequently related to MIR. Collins, the
local editor of the Star: II was told as being A
good joke on Mr.. Hume, who was a particular
friendof mine; that impressed il on my mind; /
did not know the other party mentioned.
q. Beyond relating what you had heard to Mr..
Collins. you had no agency i'll il? \. No, sir.
q. What position were you occupying at the
time? A. was cashier of the company; Mr..
Collins wrote up the article.