The New York herald., 1877-02-04
A CIRCULAR WAR.

HOW ABRAM II. DALEY WAS BEATEN For SUR
RoGATE-THE DEFEATED CANDIDATE SUES
HIS OPPONENTS FOR LIBEL.
During the last political campaign tho interest OF
Kings county centred tho fer tho position
OF Surrogate The republicans nominated a lifelong
democrat and Catholic named Walter L. Livingston.
while the democrats nominated Abram II. Daley, who
had been q radical republican and a Protestant.
The struggle was so bitter that religion and family
matters were brought into tho contest and by circular
and vitupcraton the carried on TO the
end. Walter /. Livingston succeeded in getting tho
Office by small majority.
Mr.. Daioy, a day or Two before the election discov.
cred that great injury had been done him the can
vass by one circular, which distributed generally
only through Kings county, but In every line of
cars or place OF business utilized by Kings county
people In this city. This circular being deemed libel
lous, Mr Daley wont before Justice Elliott the 4th
OF November, 1876, and got for tho sup.
posed publisher, but arrest made until January
when tho accused party Mr.. Luke O'Rcilly, had been
In a clerk under Surrogate Livingston, the
present incumbent
The examination was postponed from time to time,
but commenced IN the Fourth District Court Room
yesterday morning.
The court thronged with politicians and counsel
eager to witness the expected contest between Judge
Daley, Assistant District Attorney Henry Smell and H.
b. DAVIS on behalf Of the people, with ex District At
torncy Samuel ID Morris ian extract from whose
speech delivered In November, 1sTl constitutes the
hbc, counsel Tor the defendant The fact Morris
and DALEY we're opposing candidates at the tmc the
speech was made adding zest 10 tho expected c1pose
political rickcry or legal egerdcmain
When the case was called both sides ready, and,
without further preliminary, the examination OF wit
ncsscs for the people commenced.
Michael OConneII OF No. 22l North Fourth street. had
received one oil the circulars attached and iorm
Ing part OF the complain, from Mr.. J. j. Mccormick
Marshall Barber, OF No 24l south Ninth street, had
received one from Mr.. Robert Macoy.
Robert Macoy, o! No 11S Cymcr street, might hnvc
handed the circular 10 Mr. Barber but did not rcrncm-
and then had probably passed II 20 Mr. Barber that he
might enjoy H. Things were pretty 'red hot'' about
then.
There had been some petty sparring between coun-
sci over the examination OF the witnesses, but when Mr.
Macoy made use OF the last expression Mr. Morris
tortoi, "thcy were rcd not for paintln'
II. -. Davis, OF counscl-Thcy may be pretty ''rcd
hot aud much hotter Tor opposing counsel before ho
gets through.
Mr. Morris laughed. and replied. "Tu,, tut"
Tho witness was ,hcr asked " he had any other
political circulars, whercupon counsel objected.
MI Morris-four Honor, my client Is before you on
spccinc charge-thc alleged publication OF political
circular Just previous 10 an election, and new the do
get satisfaction for his defeat II seems to me
We had better open the whole thing at once aud
viii show that the other side have issued circulars,
even more scurrilous than the ono before you-tho
mcancst circulars conceived by the mind Of
Mt. smell am prosecuting Tor the people, and do
not propose 10 make political hafaaguo OF this
Mr Morrs-1bat Is just what II Is
MI sncll-Ne do not want any cutIo nsh In tho
waters OF this case 10 RAISE sunk all around In order
~ get out OF 10.
Mr. Morris--Ihe question is whether this circular
had the cnoct OF changing the IL, 600 votes which
elected Livingston.
James Horton, OF No. AZ Myrtle avenue, testified
that he engaged by ono Andrew Black TO copy on
one side OF some cap paper manuscript similar In
purport 10 ihe circular
Andrew Back Of No. 80 Taylor street, corrobora;ed
Horizons testimony. aud explained as the reason be
ordered the wrtDg 10 DO done side oil the paper
was his habit ot always doing 20 when cork in the