Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-11-23
not see why 1t was that they had 81 lglsd me IT

n. nc lOllOWillg Gay MT. NpYe> tD1R the %
from me and laid it on the table close bv. H
looked In the other room and said that the re-
porters were all absent, aud until thew "a M in
he could net get at the Foundation Of tie m -
ter, but that he would make SOM playful siI1-
sion to the matter in the afternoons uaper; ar ~
/ left Mr.. Moves and returned home / founi :
lady standing AZ my counter. O,fs.t- o..
BY Mr.. Darlington %. STATE If vor -r.ur.a-
to see MI Noyss, and what occurred between
within one hour.
Q. That was your second visit? 4. Yes. srr
and / told him that had met LADY a. ms
counter; that she was waiting for SOM work
done or undone, that had been sent for b. haI
husband and that he did not intend thar sac
should PatTonize store kept by a man VII,
trea'ed his customers A. the paper said did
and told hum II this thing was kept up iU would
ruin me; and 1 told him again 1 cOuldn't see
why he should pick me out; ne sad he would
make II all right in the afternoon paper; more.
over, he offered me gratis local notice in hi-
afternoon paper; I told him L didn't want II
that l could pay for il if wanted il; and
then returned to my home. and after wards
never saw Mr.. Moves until the morning of the
first day ofthe trial behind Mr Riddle.
q. Did you ever see the paper ar,erwarJ.
making some allusiOn? a. The ptpe- of tina.
afternoon contained an article heated oil. p. 2
P.'-fve p think.
q. That was The only ex PLANTATION? a. That
was the only explanation ever received.
q. You vi-i-ed Mr.. Moves, then. twice" \
Only twice; aud never saw hum Afterwards
g State #, s:UCe he publication 0G tais libel
YOU have asked the STar T. insert a ir-~t5 -
ments. and Nhether they have done II pr no.
withdrawn \. On the .cynd day of h, last
trial, Mr.. Sullivan, the geutiemlulv collector
called or me ard presented m5 with the .Jaala v
bill that should have been prsscute the l.. d..
February, ard nv February bills VIII ssh yer.
not dua, and a note Of $50 that gave 70 Nj.
Clarence Baker, by whom | was directed no. TO
pay. My advertisements were in the paper the
day before, and tia afternoon discov cred nv
notices were out. The folio wing morning 1 So II
10 the Star company by my little boy, and he was
told by Mr.. Thomas, think, that IL was done By
order OF Mr.. Kaufman; / Chen sent dollar
note down with AN advertisement for three in
s9rtions, which received. I followed that adj
yeTtisement up with another dollar note.
lObjected TO.
Mr.. Carrington:-wew wish to show as evidence
Of special malice that they. in dereliction of
their duty, and in c0ntravention of the act of
Congress in creating them, refused to publish
the advertisement Of a good subscriber for no
reason except special malice.
After discussion, the Court overruled the OBJ
lection, permitting the question to be answered.
BY Mr.. CarringtOn:-Q Go on and state whe-
ther they refused to insert your advertisement
a. was about to mention that when Mr.
Sullivan made his appearance in my place on
that Friday L told him if he would come in on
Monday would pay him nv January bill, and
L would pay my February bill when ii was due,
which would be about the 2)th of the month
and the note of $50 had been directed by Mr.
{. Il. Baker not to paw | would have tn w ali
until some future time.
=. Did you always pay your bills? A
did. Upon my application with the second dol
lar received it. l then sent five dollars down
and asked tor ten insertions, which 1 was emit
tied to. -Four of the ten insertions were given
NE and the next day my advertise meGt was ont
L sent my boy johnnie to know the reason of Il.
and the reply was that it was done bv order OF
r. Kaufman. then sent for bill OF that
-, ana the hill was refused. Mr.. kauifma
n ct my boy at the counter and said -. lob
jCcted TO.
n nid your oil vo,t;c,-,an o,,,,,, 49, -. q,
A. No, Fir; L made repeated efforts a dozen
q. AND thew refused your money? A. Ihlve
Il Ldered my money there n dozen times since
anu they have refused my money on my aiyer-
An exception was here entered by counsel for
defendant 10 the last ruling or the Court, where
upon counsel tor the plaintiff Withdrew the taS-
tinony, the court staring - the jury that thsy
might wipe this last chapter from their
Mr.. Carrington.-The next question, If your
nonor please, Is one which has already been
n ked, and TO which your hOnOr's response was
hat as at present advised you would not allow
We wish to ask the witness the character OF his
business.
After discussion of the proposition submitted
by Mr.. Darlington, counsel for the plaintiff, the
Court Overruled the question as follows:
The Court.-There Is no doubt whatever of
The making OF this proof, If your p!eadings we're
addressed to il. For the purpose OF identified.
ION the court admitted IL up II the point when
t was declared by the plaintiff that he made no
question about identity. 1t is after all going
back TO the necessities Of special count It Is
rue you do not propose to ask for special dam.
ages but only for general dam ages, but it is per-
ectly evident that you propose to put Special
damages into general damages. The effect is
The same and do not see how it can be allowed.
think it is all covered by my opini on the
demurrer heretofore rendered.
Cross Dramatically Mr.. Riddle %. At
what time did L understand you 70 say, after
lHnr l.fNh ! lEl,.N
o the Star Office? A. On the following morn
ng, between 10 and IL O'Clock.
- And you found there whom? A. I found
n tire office the regular nImber or CLERKS
our there l think; | found Mr.. Moves mp in hi
room, which was the front room of the building
rontlIs on j street. he was allne.
By sir. Darlington %. Where is the place
f business OF the Evening star? a. II il on
ID street, near the corner OF nth.
q. In this city? a. Yes, sir.
BY Mr.. Riddle %. How did Mr.. Moves re-
ceive you that morning. pleasantly, gentle
manly? A: Very gentlemanly, sir; L have
always found him thai way.
q. And you made known your cause or com
plant to him? A. l handed him the paper and
pointed directly TO the article.
Q. He said he knew nothing oft? A. Mr.
NOyes laid the paper down on the table and
then commenced telling him what told you
before; he said then, in the absence of his re-
porters it was impossible to get at the bottom
Q. The article was in the local columns of
the Star? A. Yes, sir.
Q. How long were you there at that time?
A. My hrst interview was, l guess, about 10
minutes.
Q. What did you say to him at that time that
sou wished he would do? A. / told Mr.. Noyes
that wanted him to retract that; to deny it;
that there was no foundation for ii.
Q. To retract what and how? A. The point
ing me out in that case as being the party who
inS Mite lady.
Q. Didn't you and he talk the matter over;
wasn't II talked over between you and Mr.. NOyeS
at that time that there had been a little diff
Guilty with q lady? A. No, sir; in the second
interview 1 had it was.
Q. But this morning there was not? A. No,
sir; not at the first interview.
q. Didn't you say that in the first interview
there had been q sort of case OF kleptoman:a?
a. No, sir.
Q. Not in the fret inter view? A. No, sir.
q. Mr.. Moves told YOU that he would publish
some sort Of an article that would set you right
a. far as he could? A. He said that he would
make some playful allusiOn in the afternoon
paper.
Q. Did you say that you didn't want any
play full allusion to it? "A. No, sir; not at th Al
time.
Q. You thought that you would let him 30
lish the playful aIiicie and see what tha' was?
A. wanted him to give me a denia! OF it; he
put it in without any foundation, and L wanted
him to retract it.
q. Did he say that he would deny it? A. He
said that he would make playful allusion to