The New York herald., 1877-09-20
THE COURTS.
Startling Charges Against an Al
legged Communist.
ARCHBISHOP DlRBOY'S ASSASSINATION.
A Mixed Marriage. Desertion and
a Wife's Insanity.

case OF unusual Interest came up yesterday oeo'c
Judge Donohuc. In Supreme Court, Chambers OF
motion made by Matthew y. Brssn. 10 DISMISS an ac'
lion brought in December 1879, by Joseph 1.
Mcdonnell, for $4,000 damages against Dav'u l.
Donypgham, Robert White and George L. La faye'
proprictors aud publishers Vi the Sunday Demoerdt
Tor having Published in that newspaper aosoa ''Ss
and dcamatcry matter concera'ns Tue piaiH''h from
the pcad,nss In the case appears that tho charges
against the plaintiff OF very startling character
tho article complained OF stating that tie psilth "
,he head Of the Commune, that he IL an assassin and
murderer and concludes IN tho following anguage:--
"It il a well known tact that he lplaintin) WIS iT
France duriux the war andl have it. on gooa authority
that he was one Of those who ordered the exc
cuton Of the venerable bishop and clergy THINK oil
this murderer beng allowed to 20 quietly through
your city, and having the erontsry TO lecture, &c.
The dcf0ndants nave appeared IN the action ana put
In q voluminous answer by their counsel BIT. breen
which, 10 say the ess Is not apologize la It's tone or
conciiaiory IN lis suggestions On tns con.:Aiy, u
shows not only determination 10 NEE. tbs Charges,
by boldly asserting the trutn o. them put makes zoe
already published, by way OF explanation and Jushca
tiou The answer contains several separate and dis'
tipct defnces and II freely admits mat the articlo
complained OF was published by them, but denies that
the plaintiff injured IN the sum of $4,000 or In
any sum whatever by the publication. And Tor a sep
arste defence the answer proceeds to give brief ms
tory OF the Paris Commune and alleges "tat an asso
riaop known US tue nat onai Society existed in
Europe, OF which the plaintiff officer, be-
Ing the Secretary for Ireland, and was composed
pi who subsequently formed In France the
pOliticaI association known as tho Commune, whlCn
pcrpetrated many atrocities and murdered tho Arcn-
bishop OF Paris That at the linc OF such murder MS
nioread tho defendants informed and believe at
tho plantu was present aud was one OF those ny
whose ORDERS the Archbishop ol PARIS was murdered
as Aforesaid and then tho answer alter rcclting
other deiences goes say "tha ut the time Of tho
publcat0n OF tho article complained OF the paintin
was giving lectures throughout the country seeking
notoricty aud Uusyng himself as an organizer OF
workngmen's = ASSOCIATIONS ana attempting 10 set him
sell up agitator and leader OF the workingmen OF
New York; that he was known 10 be connected in an
Official capacity with the International society aore-
sad which professes and ncucatos the doctrines put
IN practice by the Commune OF Paris; that as
pubic journalists the business, duty
and right OF the defendants iuliy, truly
aud fairly to state facts. representations
and reports concerning the plaintiff whereby the
practice OF doctrines dangerous to tho STABILITY Of
society and the well being VI the community 1t IS
further alleged shat the matter complained OF ''was
printed and published with good motive aud Tor tusti-
liable ends. 10 wit-that the workngmen OF Now YORK
should be warned against the plaintT then seeking
asccndcncy amoug them, aud should be informed OF
plaintiffs true character and OF past events IN his iio-
time; that accordance with their duty SUCH pub
lishers and journalists and IN good faith and without
any mauce or other evil oc unJuslihaoic motive the
defendants published and printed tho words IN The
complaint set iorth.'
Tho motion to dismiss the complaint for want OF
prosecution was granted, with cost; but II Is UNDER
stood that the Will be rcopened, when some racy
developments IN connection with The doings Of the
Commune, both ir Paris and this country, may be
expected.