The New York herald., 1875-07-01
MARINE COURT-PART 4.
Before Judge McAdam and special jury.


ACTION FOR IIBEL-ALLEGED SEDUCTION
Mr. A. Oakley Hall. counsel for plaintiff, opened
the pleadings In this case which drew a crowded
court he sald Mr.. Daniel c. Bfrosall, the plalntlY
Is a member OF the Bar OF this city, and has
brought This action for sander against Stephen
II. Alden, who, when put upon the stand, would
aiscose the words complained OF In his cross
examination. Mr.. Alden is the father OF the lady,
Mrs. Truoy. who would be examined for the
plaintiff and the jury would perceive from the
wrinkles on her youthful brow that sne, too, had
sunered from the imprudent action ol ner father
The allegation in the complaint is tnat Mr.. Alden
used in reference TO MIR. BlrdsalI, the following
words. which he (Mr. Hal) would read ;-'That on
the 18th day OF April, 1874, on the New York aud
etrattord Railroad, III the city OF New YORK, the
defendant wickedly and maiclously uses falsely,
. Concerning the plalntlf. the following words -
Mr.. Brdsall mas seduced my daughter, Mrs.
1ruby. and mas taken her away from her husband
and caIldren ana Is living with her IN open adul-
terry aud other and similar words or ike tuteht
ana meaning; and on subsequent occasion
SAID MIR. Birdsall was once my counsel, letting
MIN into my matters OF BUSINESS He seduced my
daughter and ruined ner, taxing her from her two
children VINO needed her protection, and kept her
from going DaeK to her husband" " The complaint
alleges lnAt tne circulation Of the libel was in
Jury 10 plaintiffs business good name and reputa-
ton and tnat ne has sustained damages in conse-
qaence TO the amount OF $1,000, TO recover which
Tns answer set up was that defendant did use
she words alluded TO, and that IN consequence OF
the truth OF these allegations the words referred
Harriet Ada rrupy, examined for the plaintin,
deposed that sne was the daughter OF the defend
ant; that about year ago ner fatner said ne
would 20 10 every client Mr.. Birdsall had and
would destroy Blrdsall's business; deiendant also
said he would prevent the plalntln from ever
holding mis- head up In New YORK ana would drive
aim from the city.
Cross-exAmination-- live in 256K Fifth avenue
Brooklyn; Mr.. Birdsall boarded In the same house
until ABOUT the mIdale OF december last; ne mas
been tnere many nights sincei the house is the
house my iather gave me; my father never con-
yured for my relations with Mr.. Blrdsall by
alleging yhom TO be 500 intimate; ! know Mrs.
Richards, and she dld not leave In consequence ot
Ine intimacy between mysen ana plalnGIf; / am
divorced from my husband and nave TWO young
stephen II. Alden, the defendant, deposed:-I
know the plsinti ne has Deen my attorney, ana
he seduced my daughter. and kept ner from going
back 10 her husband; On one occasion, wnen
was sick, the pia'n tlG made ylsis to MY daughter;
on nv WISH to INV daughters room one nlght be.
came acquainted VITA the facts alleged. After
shat to0k my daughter w No. 2S East Twenty-
third street aud haa not been there nut one
day When lound BirGsall 10 the house. On cross
examination the dercndan5 adhered 10 ms direct
statement, but ackEO Tledged mat ne was
divorced from his vile IN Connecticut by Judge
Onsrles II. Draper. detective, Identified the
pIaiutin as having been ~ Mrr 1ruby's hodse yes
ierdsy moyniES. between sevea Snd eight O'clock
Ia different APPAREL 10 ~hat ne nad on In Court.
Crosse xxJnIned --he 1as employed by Mr. EU-
land to haat up tae PiaiotH
Charles {. Alden deposcd IL an son Cf the do
fcndaDt, and Mrs. Isuby j. my sister; am aware
OF tne intimacy existing between Blrdsal and my
sister, nich Was Kept up against the wishes OF
my family.
Cross-sxsmiaed-1liy live with Ipy mother, VINO is
divorced from my father: heard my iather ac-
cusing my sister OF improper intimacy with the
rlsInIin and she SAID, ,Wnat has ocon done can
no: be undone,r aud ste reused 10 10 with my
fatner: 1 am a married man ana left my vile;
am divorced from ncr. (Lauehterl
Celicia Richards OF C0nnecucut, examined
Corroboratcd the evidence OF tue defendant as To
nnaiDg MS daughter In improper relationship
with Blrdsail.
Cross.examined--I reside In Westport; am not
living win my husband, from whom am di-
vorcsd. LauKhier.D
Frank N. Alden examined-l am son OF the
defendant; Mrs. TruDy rs my sister; am aware
OF the intimacy existing between plainun and my
sister. against :he wIsnes OF my fatner.
Cress-examined--Are you marriedP A. Yes,
nr.
81 Axe yoa hvtng with her A. No sir.