The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-09-11

III. rhat subsequently,. and in or spout the
year 1871 or 49,, the plaintiff wus or pretended
| the Stuvvesant building, at or near the corner
| Of Broadway and Aston Place, in the city of New
| York.
". That subsequently. and in or about the
| year 1913. the ulaiu'iH was or pretended To nc,
engaged in business 81 keeper OF "A NJ cl called
/ tue Astnr Place Hotel or tho 1T Pierre House,
/ IN the city II New York md that IN or about
! the year 1874 the plaintiff failed or alb .nduncd
| the said business. and that there we're then
/ t2OOJl In Judgments recorded against him,
! namelv,a ldgmeut ~ favor of GEORGE u. Ripley
! Tor $2lHlil1. nled and docksted IN the office ~
/ the Clerk of the County Of New York. on
october IL isii JUDGMENT In iayor Of ',eorse
/ docketed In said Clerks ONCE on OCTOBER II,
/ 1874; judgment In favor at J. +. P,u and ID,
/ A. iced Tor Sib.9I. filed and dOcketed IN SAID
! Clerks once IN August 20. ls53 a Judgment In
/ favor OF william A. Mscder for $3.50 nled aud
docketed In said Clerks ONCE on August q,
| Hill ana Almcn H. rilden for $3,G2j Il. lied aud
| ducRetcd ~ said Clerks ONCE on November 5,
1874; and that all OF SAID judgments are unsalis-
! Ned OF record.
V. That subsequently, and as hereinbefore
stated, the plaintih was or pretended to be m
gagged In bu mess a commission dealer IN hard
wOous at 1875 Centre street. IN the city OF New
! York. aud solicited nd received consignments
! OF hard wood from indianapolis, In the state OF
lndi IA, aud other places IN tue e-teTn states,
! for : lie, and negligently or wrbngfully failed
| or del we'd to account to the consignota there
| for. ana that upon Investigation being made by
| them the .laintir apsconded as aforesaid, con-
verting part or all OF tue proceeds Of said con-
| signments to his own use.
VI. 1htt In or ABOUT September. 1875, the
plaintiff anu one Dexter a. Reed united IN RATS
ing money 10y means 81 negotiable ptumissory
notes or bills ~ exchange, To wuicl the plain
| til md said Dexter A. Reed were parties. aud
whicn were negotiated 10y the piaintn wneu ne
| wen knew lhat lac was tnsulvent aud that SAID
! notes would not he paid. aud That siii prDmis-
sorry notes or oils OF exchange to large amount
were 80 negou ited TO various persons, whose
n mes are at present unknown to the defend
| ant; and tnat part u the proceeds thereof
was received ny the plaintiff. That among the
prOmis-orN notc- or oils Of exchange thus ne
gottaied were two for $3.50 each. whIcn purport-
ed to be- but were not IN CT, IN de 10y Messrs.
| Levy Brothers. Of l0} Avenue u, Of the city of
New York. which were passed by the plaintiff
n Co. OF Indianapolis In the state Of Innian >, ~
| the genuine paper Of sad Levy Brothers, IA paw
| nent OF indeot edness for lumber consigned to
| them.
VII. That the plaintiff and said Dexter A.
| Reed acted in cpnfederacy In this mourning
| debts an absconding, and in thus raising mon v
aud credit UPON worthless notes and oils II ex-
| change aud that the circumstances Of their
| incurrlug such ceDts and nego.iaung i'd notes
/ Or oiils 81 eKcha1se' were such IS would have
| atfOr lea Z nod ,uud fer Az effort to Ia I'D the
pl hutf tn nI'l 4ui render min llhIe to exstu-
| ZION AGAINST tue per on.
Sccon.- For So. u defence:
IL yer, On Information AMI belief. that tho
suus; ance u the cn. RI, against tue plaintiff
| en- AIMED in tue r.l ttrr h-reinuefore admitted
! to nave ncen puolisnrl namely. IA & tnc ~ IN
] tlh w.s inIirr. Wa al Is IRA, more Dir-
/ tcul-ily a. toe DIV stated in the nrst defe B, e.
! wu1'u the Defendant rvuea : uni revisws IA A
| n4t "i tuis second delcucc, and fdrtuer a. fol-
/ mat On or ,ho u the 2lst d,y Of February.
lolJ, ii irNeiaid, in tue county OF Cuyanogi, IA
lac rttn az Oniu, the llaintr herein wd- lly
/ tuOic.cl win one ueOrgs " eOster by the Grand
Jurt q ih' saic county Tor having. GA ur aOout
thr 10 l GAy Of FeUru iry lN,J, az sad county u
/ (uYhnugI 10 tno : ate Of OalO. uniiwl Nv puO-
I Nsurd aud tds>cd to Oue Henry l.. stevens a
! certain uo;e then aud there purportiug To be
| tue note - tnr nAhul icsurcis bahk IN Hart
] fIta, N tue state OF Indian a. anu Tor a
true ami 9enuine uank not OF avalid and ex.
lstnS Nahk with toe intent thvn ana thereby to
l Pre- 1aGlcc, Il mage aud uellaId the sad usnrv
l.. IeNeus, aud ~ len sad uute then and there
/ putpurted t. nave been tssued aud gwen Tor
the PAYMENT OF one dollar by he mauufact sur
ers banK IA Hartford, IN the state of Indiana aud
wnifh saiI note " as tne Ell and there in ne words
and a.ures following. TO wit: rne Manufactur-
bearvr, Hartford, Dec. /. 1855 n ". Wiili,ms
Banker, state II Indiana" wnen, ia truth and
la fact. no sucn bank as the Manufacturers
Bank IN Hartford, IN the state Of Indiana. ever
uid exist, the said Charles Is. Orvs, tne p.aintifr
herein and the saiI George Wooster then aud
there well knowing that no sucn bank ever did
Ia such case made and provided, aud against ne
re !ce and dignity u tue state Of Oaio.
H. hat on or about the 2jtn day 4 Noyem-
Der, 1852 the pnintin heron was duly brought
10 uin upon the iudictment AZORES aid and Tor
the utuce th.rviu charged, al Court OIL COM
mon Pleas, nell. al the cry - Cleveland, IN the
county ~ tuyAhugt ana S.ate Of ONO # res aid
before ajnn dulY empaneiied mi sworn. VINO
fuund han .uli of tie SAID unence, In IN inner
an fltm As Charged Ia tue III indlctm ut,
wnereuppn, and IN or abont the Jsh day VI De-
ce nher. lHJ' d notion Tor new trial wa, denied,
aud the ,tu th nlcs B Oryi-, the piai I'm here
In, WIS duis sentenced ny tue SAID court TO I'M
tri,Onmsut tn the peuitrnU. ~ OF tAe state Of
Ohlu at h'rd laoor for period OF three yeas.
CITY OF New York, the plaintiff proc4r m in
PRODUCTION To- George b. kipiey, "a pduker aud
brpprr, doing business tberr, and represented
INN. .If IS de.lrnus To horny noucv an ,ol.
lateral security, ana az y-ripus times between
IN. 6.n day Of JLne ana the 1T day Of August,
1913. O0t ined altogether Slg VS. from tue said
George H. hi1lel. upun plsuLe Of urst mort
gaze bonds Of the Buffalo, New York and Er e
khiroAd Company, wnich were forged aud
known by ths plaintiff 10 20 forged.i
| 1hird-ln niitig .tiOn Of my dam ages which
the Ilmnun might otherwi,e be entitled to re-
cover, Though tns defendant denies tnat ne Is
entitled 10 rec yer any dAtuaS whatsoever, tue
defendant aver-;
l. lnat prior 20 and az the time Of the publ
cation aforesaid, tne general character ana rep
utut,ou OF toe plaintin were DAD, and we're
knONntO ue 50.
Il. mat PRIOR 10 the publication Aforesaid, Al
IL IL Informed anu yeuly believes. the plautif
htd freq emily been IA the custldy ol the ia =
IN vArous 81 tes tor offences invuivInI pecuuiay
! dlsnOne-ty and particularly in ONO, IN IN" year
| lNjy, for y ssius the fictitious uiu herttnp- fore
mrnuouel; ia limos, IN the We los, for de-
fr4udlus one j. n. bralsndw, aud Ia NsN YORK,
IN $50 Tor the cline OF iurgey and IA ciVl
cases all Of wnicn was heretofore well anu puo
ncN SHOWN to end ,niOus me citizeus Of tn
saii several states aud elsewhere.
Ill. That prur 10 tue COMMENCEMENT of this
action numerous indictments mad been found
avains- the plhhtln oy the rrAnd jury ut tue
city aud count, 81 New lork Tor felony, u tiue-
~ twenty-five indictments, each for a separate
aud distinct crime, to VIII the crime Of forgery
ia he third degree tnIt the SAID indictment
were, auU each OF them wa, duiy presented ana
filed. dud tue plinun herein was uuN arrested,
1mIrisOncd, aud hrld u BAL thereon, ana lnal
the SAID indictments ever since nave neen and
now are usnIing ,gainst him All OF winch WAS
well ana pLUlciy known 10 aud AMONG the geo
pie Of the city oil New York aud eiSsN acre, and
To the ueteudant prlor 10 the publication uerein
before adudttrd.
~ That the publication Aforesaid was made
by the defendant as a puonc Journalist without
actual m4lCr tuWHri tno pidintu, to- give tt,e-
iul IulUrrdllun 10 the pubilc. III good iAltu aud
IN tue belief dnd with reasonable and PROBABLE
cause TO believe tnAt the mat er 80 published
was trae IN each ana every particular.
V. Ana tue dcieudanl utrsuN repeats and
renews AL aud singular the matters hertiube-
fore pleaded ~ way OF absolute defence, aud
VIII give evidence thereof IN mitigation "a aflre-
sHtu ~ vel ~ way Of aDsOiute defence,
Wherefore the defendant demands Judgment
that tue conplii ne di,nl+>eI Win costs.
WILLARD BARI LETT AtturneN Tor defendant.
Guy dHd county Of Ntlc ora, -. -Clarles A
Dana uting duly sworn, says tndt ne Us tue
President OF the anOVe-nducu d PENDANT; that
he has read the FOR gong answer and thdl tao
same Is true Of his own knOwicdle except = "a
tue matters therein stated on informant ~ and
belief -nd as To those matters as UeieVes lt h.
DO true. CHARLES \. DANA.
sworn TO before mo this l2tn dlY Of AUGUST,
1876. Il. Z. BOwMAN.
Notary Public city and county ol NOV York.
SUNDAY TICHT RiCING.