The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-06
FISK--MANSFELD STOKES.
The Injunction Restraining the Publication
of Fisk's BilletS-DOuX to Helen
Josephine Sustained.
A Judicial and Exhaustive Review of All
the Points in the Case.


be repeated here. IL is well known that the chief
point OF interest connected with the proceedings
centred IN the letters written by Fish, Jr, to Mss
Mansfield. ami the regal generaiship the former
displayed In preventing their publication only ex-
cited so much the greater public desire TO know
their conteuts. All sorts of curious reve-
lations were reported as contained IN
them-revelations not alone VI the great I'M
pressario's style OF love letter writing, very
SPICY ptquant, original and infinitely out pelrarch-
ing Petrarch as 1t was supposed they must Debut
revelations OF more absorbing ami astounding
character connected with the Erie Railway manage
mont aud the manipulating practices OF ITS lobbying
agents last winter at the state capital, and which, II
brought to light. would, 1t was d. Entail deep ana
damnlng disgrace upon legislators and other public
officials now In the full and serene en-
joyment OF untarnished public repute. It was
brisk anu lively legal sklrmish. Fisk
fought well, his coadjutors fought well and Mrs.
Mansfield and Stokes fought We'll Legal ingenuity
was taxed to ITS utmost on each side to compass
victory. The rnai adjudication OF tile devolved
on Judge Brady. OF the Supreme Court. His deci-
sion IN the matter he gave yesterday. accompanying
the same win an OPT ion which Is given In full be-
low, OF considerable length, but characterized all
the opinions or this eminent jurlst are with con-
spicuous clearness Of statement and comprehensive
unfolding Of the argument enforcing his legal con-
cluslons.
THE OPINION.
The plaintiff restrain defendants from using
for anv purpose certain adavits so-caled
Gould defend mt stokes WAS
plaintiff and also to restrain them from nsn In any way
the nefendan Miss Mansfield He his right relief
h c %s
Z, Ss IT.. s the
Of , private ,, nature. he has the n:ht to pre-
N virtue to
have S to an IS and
least upon the presumption that the DEVELOPMENTS to be
as
% $ or ose % Of e
Erie Railway Company OF which to De regarded
sm that In r, ysw. Of s
BAR ws%sTs
Mss Mansfield chiefly rely as authores for. the right
81. by their pueasD
.v a g ss Of s Nc
psG S9S q a & os nn Justice
son The opnion in written By Justice uer
~ ' hut
toned we're In conflict with the rule which nau prevailed IN
that IN ess the letters value as literary compossous
their publication cannot be restrained and seems no mat
The under which they were written This doc
ether the rsspoc. Of the co%msuiy In Which we i've or the
sanction Ss o. the & any At
vades the
We are taught from ehldaood regard letters private
and honest natures shrink without Invitation thereto from
TO enforce such SSsne therefore would ee
as IL Ct s ss :; na
that ss sosn s
s :hy sH ths SSn'
be the right OF the
s,.0n s,. s:a cone :.
such pulls
"s = fs viii 1
doubt which had been saseese projection Of
g a, 0as 2 q. ns q
,s Tor public as well as private
there distinction prisaie let
!s; private
cases wnere J. NECESSARY 70 the vndicaon Of the
s. se %ss
h d So o6osn, ns that free and
tween relatives and friends and eorrelponaeais which
ns s sas %s sas
WIN the cold and formal severity with which be would write
with beauty force, OF gross
COMMON DEoENCY."
and sss ~h. 10 e With h'
private letters necessary inquire land
ss As aSSy Ss y @
Sanss and whether os NOT SsY
anything that may serve her 10 any legitimate pursut or
The snswsr 70 hi. inquiry sS.s pry"ts
that we're given 10 him. as he s' suyns
which re ers to matters Of pubic interest to any pe
Trey are ihe evidence rs.s or ss Issdfassed
lion. existing between 4. AM" ~ -. 'us ams!e rea
"ss length sss,rspsss Tsss
elements eH ss,n sasssrss
81 pl sis
S s eS osa s g re Il,
and ,ss sSnc,nson en,les him 70 ths pcs,on Of
,ss atmosphere Of ih. the ennncaton Of
sqSy p epoy nsy S
whSn ~ appl'es,on must here be made were worthy
Ssca, most a e sass
S sne submitted a. IN cS 90 a Of justice when
general observation cr,icse either OF parties
ss az
& sss rSos Fl %
that spirit determine H. II lows from these that the
OF sSs ns o
which they were wriuen There u.s. however another
ALREADY sug esed tina, surrendered and for
m %aS hat s 9% ss
plaintiff naj conro,ersics which were nna submitted
certain being aaavs the drafts q me@ sof
as 5
preliminary thereto he consented that should be
given Up and deposited with Mr. sweeney. such dsrosj
ion was ms .-s o them whether he had obtained from
oubii, but she admit. hat she loaned them % blm for
hal she WA advised that they been disposed
think whaer may be the ultimsse decision Of this qoes
lon that ther6, arc H.
: 80. \ grAsoSABLE GROUNDS ,.s.u,
)r believing that she permitted tho defendant
iokes to use n m he thought proper. con-
usIon siren sthenea BY the friendly relations existing be-
them ami nv III. that she DESTROYS aid him
bis litigation and attn ugh she knew that they haa been
M took no ooesns "a them. This having
the arbitration nrocN ded and an award was made.
be award unsatisfactory t.s asIena an s,okes, and
"a pesseu hnseii but, 81 10 tne na,rtjn cerera
ase OF s provsiJns he ne PA, sSaeIa
I'D 10 him. hicb be bai not ~ returned aud which, for
lsn that appears, there ave, io sns. Upon
nIsument OF this motion, IN N md rcsdv ~ rs,urn
om me- " was said be was wilingA deiser ny ahs
- part Of the agreement TO- al md az ~ as" o
soTs ano papers to when have recA cans,ian ns.