The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-09-25
) TIIEICOURTs.I
A ComptrOller'S Office Clerk Trying His
Hand at a Libel Suit.
THE DANSER WILL LAWYERS
Curious Tuning Of Tables in Divorce
Proceedings.
M 9TH Err AND SON

A motion was argued yesterday, before Judge
Joseph F. DAILY. in the Common Pleas action
brought by William O'Connell, clerk In The Comp
troler's Office against George r. La Faye proprietor
OF the Sunday Democrat, Tor an alleged lbelous pub
LEGATION, Wherein the plaintiff claims he is charged
with having rrauduienty appropriated portion of
proceeds OF lecture given for the benefit OF certain
convent IN Ireland, OF which Sister Mary Francis
Clare, better known the Nun Of Kenmarc - is the
head. The damages are laid ST. 600 Mr.
Matthew p. Breeu, counsel for delondant La
Faye, moved strike certain paragraphs
Of the complaint as redundant and also
lain other portions the grounds that several
separate and distinct causes Of action are inl-
properly joined in Of tho complaint. The
motion was opposed by Mr. Charles Matthews, who
argued that Tho complaint SGT but of
ton, aud that the paragraphs referred to not
dundant From the complaint It appears that in the
year 1871, the plaintiff being secretary OF the ST.
Patrick's Mutual Alliance ASSOCIATION, asked TO
assist IN tho sale of work published by tue "Nun OF
Kenmare" entitled the ''Liie oil Daniel O'Connen" OF
which she tho authoress IL appears that be
interested himself not only IN the matter by obtaining
subscriptions Tor the publication, but that he and his
associates Interested themselves In getting up lee
tnre Tor the benefit OF her II alleged that
S777 tickets were sold, that 629 were returned
pAintH unsoid and thal there paid plainti
gu account OF The same 81 40 j0 also SIS from suDscrp
lions aud S2lS by agent, and more. The plaintiff says
he Is informed and believes that 469 tickets sold
ucver paid Tor, and that agent named Rogers col
lected subscriptions but 10 what unable
say. He says further that he paid Tor expenses of
The lecture 1859 20 ana 81 205 80 TO the 'Nun OF
kenmare," being an overpaymenL OF SO 60 winch has
never been restored to him. The complaint sets forth
10 addition that the defendant, vol knowing the facts
In The case printed and publishes several articles stat
ing that the Sunday Democrat had received several
communications from the Nun OF kenmare'' repre-
senting that her convent Ia and asking ITO
quote her own wordsl to 'mako OF those alliance
people mako restitution" In the OF paper
y al lao In IN
a peared:-'We have received several communica-
tions in reference to the treatment OF the Nun Of
Aenmare' by certain members Of the ST. Patricks Mu
tuai Alliance William OConncll, who holds soft
and lucrative thing feels nervous ddgety and rsmorss-
1ul The ghost or that lecture business o the poor
Nun OF kenrnarc' hovers Williams memory.
There is salvation in this matter only to take
fuge IN the spirit OF the Church; go sackcolh
ashes pray and do other good works." During
the course Of his argument Mr. Breen said that nd
monitor TO tho plaintiff ITO lake refuge IN the spirit
OF the Church, to say prayers and do other good
works." coulu In no sense be regarded beous but,
on the contrary, was exbortat0n OF
character, and that the defendant, through news
paper, was making an effort TO perform missionary
services which the plaintiff did evidently apprc-
ciate Al the conclusion of tho argument Judge DAILY
granted the motion, striking out certain portions Of
the complaint, but denying II as to others