The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-16
THE COURTS.
An Alderman's Responsibility for
What He Says.
MEMENTO OF THE WAR.
\ Match Box as the implement OF
Murderous Assault.
GIFTS IN II r U S T..
MEMENTO OF THE WAR.
GIFTS IN II r y ST.

Paddy Walsh Is a well known public character
nound the City Hall aud Court House. was once
member OF Tammany ''comittec," and but Tor
slight impeachment In his speech would no doubt be as
sloquen nj the hastings be is profound In states
nansnip Hc had been or late years engaged IN pro-
noting cleanliness and warmth in some oil the puohc
pfices ana courtr circumstances might require,
ana occasionally turning light on their proceedings;
but recently some other person had suppIanted him
In tho performance Of those important duties aud,
whether nghtfully or wrongfully, Paddy attributed
The change the unriendiy influence Of
Alderman Thomas Shells. About the ides OF
March last Paddy and the Alderman happened
10 meet in Mayors office, on which
pccasiou in the hearing OF divers public officials ana
others, Paddy says tho Alderman used toward nm
language follows :-.'You are loaler aud s"ind.
Ter. You swindled Of So, ana you are worse
Than q swindler." Tor this alleged SANDER Paddy
brought suit through his attorneys, Messrs McGill
Martzon, So, 900 damages from the AL
derman. Tho called Tor trial IN Part OF the
Marine Court before Chief Justice Alker and jury,
yesterday, and the occasion brought together
unusual display OF Aldermen, ex-Alder-
men and public officials generally, many OF
whom were under subpoena as witnesses,
including Mayor Ely, County Clerk Gnmbleton, the
Deputy Commissioner OF the Board OF fuDiic Works,
and Mury, Corporation apple woman, who Tor
thirty years has held municipal ONCE against all
corners. The defence was general DENIAL lmme-
Carlhy counsel for the defendant, moved to dismiss
the complaint tho ground thatt did not state facts
sufficient constitute cause OF action, in that ~
alleged words which not IN themselves actiona-
Die without alleging facts showing that special dam
age had resulted to plaintiff by reason OF
thor utterance Counsel, " sustain his
motion, cped authorities TO the effect that TO call
man q swndler did not necessarily impute TO him a
crime for which could DO crimnally punished.
Opposing decisions cited by counsel for the plain
ill., but the Court neld that unGer tho latest author
the words complained Of werc not aclonable In
themselves, and that the complaint was detective In
not alleging special damages. Tue Court Was there
fore compelled to dismiss the present complaint, but
stated plaintiff that he was at liberty 10 renew his
action plant con tanning facts sufficient 10
constitute OF action. Then arose the
question of costs, counsel TOR the plaintiff CLAIM
ing that his client having been permitted 10 prosecute
under the Pauper act no COSTS could be granted
against him. on this point II was asserted by defend
ants counsel that all the costs that planin had been
relieved IRON by tho order OF the Court jury fees
Alderman Shells this part OF the discussion short
by waving all costs, and then flied out OF long
procession Of municipal officials and legislators while
Paddy, still mayed, though temporarily defeated,
looked tranquil in the apparent CONSEQUENCES that,
with the exception OF County Clerk Gumbleton and
sAppe" Mary, he was the handsomest II not the
most incorruptible statesman Of them all