The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-05


Fudge Lawrence took the papers, reserving his
decision.
Judge Lawrence, in Supreme Court, Chambers
granted yesterday temporary injunction against
Charles Shay. George Callun and Francis B. MUIR
tina, proprietors of the Globe THEATRE restraining
them from giving any performance until payment
Of their license fees As IN previous cases OF this
kind the application was made on behalf OF the
eociety for the Reformation OF Juvenile De.in.
quents.
THE KEMBLE-DANA LIBEL SUIT.
Tho libel suit Of william a. Kembis, ex-Treasurer
pf Pennsylvania. against Charles A. Dana, for
$50 600 damages, on account OF On alleged libel
published in the New York sun OF March Is, 1872
was resumed yesterday before Judge Curtis. o; the
Superior Court. There was much larger attend
ance tnan on the first day OF the trial. Mr.. Kem-
BILE, the prosecutor, was promptly in attendance
accompanied by hts counsel Messrs. Cottman,
Eccelstne and Wheeler H. Peckham. The deiend-
ant was represented by william o. Bsrtett and
Willard bartlett.
Yesterdays proceedings were opened on the
part OF the patnttn. whose counsel introduced
further testimony to prove the good character OF
MI. Kemole. Among the witnesses called Tor this
purpose were MAJOR stoklsy, OF Philadelphia;
Charles ". Brooke, lawyer OF this city. and J. L.
Tobias. Mr.. Jos. D. Eocelstne testified that he had
made thorough search among the newspaper
ofhces In Philadelphia for the original OF the So
called addition. division and silence" letter,
but had boon unable to ana It. Mr.. Peckham then
onered to put IN the sworn copy OF the letter. and
npon such onering quite an argument ensued. 1t
was claimed that the lost letter was not to be re.
Earded upon the question OF It's reception % sec.
ondary evidence In the same lishr % more I'm.
portant instruments, which, from the nature Of
hn ho kAtv IN hA
served. The sworn copy OF the letter was finally
excluded. An onsr was then made on behalf OF
the prosecution to put IN evidence several subse-
Quent articles publlshed In the sun, and claimed
70 be repetition OF the libel forming the basis OF
the present suit the Court refused their admis-
sion. Mr.. Bartlett now offered to put In evidence
that portion OF the Message OF Governor Geary
70 the Legislature OF Pennsylvania embody-
Ing his recommendation OF the appoint
ment of George y. Evans a. agent for the
Of y war csms objection was made
aence unless tine whole Message Was put In. Mr.
Bartlett declined 70 put IN the entire Message,
mitted. This concluded the testimony on both
Mr.. william O. Bartlett now proceeded 10 sum
address to the jury the state constitution OF New
sentiments upon all subjects. especially that
clsuse that mo law s1sll % passed 70 scridge the
81 ns 2 giving sssf q ' :s
press and claimed that when. you infringe ON this
freedom you infringe on the Liberties OF the
::sS;y q ' .nsss .Issss .s ss ass:
IN his to the
showed. as ne insisted. that the latter IN no re-
libel the freedom vouchsaied to The press '
MI PscfsS% sp9 9 ID an equally
that the publication In Ou0atlOu n AND
ltrocious libel, that It had brought his client into
aisrepute. and That unless verdict was given IN
his favor ne would continue TO be the object OF
marks he was interrupted BY Mr.. Bartlett on &C.
defendant and quitea war OF words ensued be-
tween the two.
dom has been uttered from the Bench tnan that
given %, by Judge age, Curtis: The law o. libel was
essential to MAKE libel. and iustrucred the Jury
that while no evidence had been given showing
malice or III will on the part Of the de endant or
are to take into consideration all the crcum.
stances and surroundings OF the case. and upon
lous statements were true then they must md Tor
the defendant, but II untrue they must ind Tor the
sion they must ihen consider the question Of dam
ages and In the consideration Of this question
nGs G1
cumsIances OF the respective parties.
Tue jury retired at hall.past four O'Clock.
Judge left the court room Tor a time and returned
20 his seat few minutes before nine O'Clock,
when the jury were summoned. They reported 0
and, as Judge Gurus became salts
ned That they could not possibly come 20 unan.
nous conclusion In the premises, he discharged
them and then adjourned the court.
1t II understood that when the jury retired to
deliberate they stood four for ths plaintiff and
eight Tor the defendant, and When they returned
to the court room the jury stood SIX 10 stx
RAISED CHECK CASE.
The Mutual National Bank OF Troy gave check
IN the Park Bank OF this city Tor s44 25 the same
being drawn ~ the order OF P. r. Gil. Tho check
was raised 10 $40 25 and the name of B. Gay
substituted for that OF Gill. The PARK Bank Ger.
aned the check. the holder deposited It In the
Equitable Savings Institution. which deposited II
% the 0erman.American Bank, which drew the
money from the Park Bank. Suit was brought BY
can Bank for the sum paid In excess OF the orRi.
nal check. The trial OF the case BEGAN yesterday
In the Court OF Common Pleas before Judge ]. +.
Daly. The question raised Is as 10 whether the
seri1cate Is valid one or not, or whether 1t only
certified to the signature being genuine and there
Deing funds IN the bank to meet II. verdict was
shat in cases OF raised checks the bank paying
Inc money Is accountable for the eutire sum thus
paid.
A DEPUTY COLLECTOR INDICTED.
As intimated in the HERALD yesterday. one OF the
Two indictments presented by the Grand Jury In
The United States Circuit Court, before Judge
on Wednesday morning was agatnst Q |
party implicated In the late smuggling cases. The
Indictment strikes at an important onhctai In the
Revenue Department, Colonel Robert De Anges,
Deputy Collector for the Third DIVISION who Is
'IicAted In the Ball smuggling case the particulars