The New York herald., 1879-02-26
THE COURTS.
Interesting Slander Suit by a Board
ing House Keeper.
OLIVER CHARLlCKS PAINTINGS
Novel Suit for Professional Services by
Shupe, the Labor Agtator

suit presenting some rather novel features came
to trial yesterday before Judge Lawrence in Supreme
Court. Circuit. Mrs. Annie r. Ham. widow lady
being the plaintiff and Messrs. II. ]. Sheffield and
Jerome b. Fellows the defendants. The plaintiff
seeks to recover damages for alleged conspiracy
and SANDER In her complaint she alleges that in
November, 1876 she leased from the widow Of the
late Oliver Charlick No. 254 West Thrty-fourth
street, that there were in the at the time Of her
taking possession various valuable pictures belonging
to Mrs. Charck and that of the conditions of the
lease was that she should not remove such pictures
without the consent of Mrs. Charlick upon her
order. She says that she had hardly entered into
possession of the house when Messrs. Sheffield
Fellows maliciously conspired to defame her char
acter. She charges that the first thing done to this
end the sending Of telegram by Sheffield to
Mrs. Charlck announcing that she carrying off
the paintings" from the house. This telegram. she
states, followed by letter Of the same date
written also by Mr.. Sheffield. in which she is set
forth ga most notorious character" and caution
ing Mrs. Charick that if she has anything of any
value in the house to protect it. as "the paint
ings were being sold and carried away"
Supplementary to these accusations Mrs. Ham
alleges that Mr.. Sheffield stated, in the presence
of another person THAT she was bad woman. and
had cleaned out every house she had lived in. For
these alleged ISLANDERS upon her character Mrs. Ham
seeks to recover $4,000 damages In his answer
Mr.. Sheffield admits of the sending Of the telegram
and letter. but says that he believed the facts
stated to be true and that they were sent without
malice for the protection of Mrs. Charlick. He also
makes part OF his answer an explanatory letter or
later date written to Mrs. Charlick. declaring the
information upon which he sent the previous letter
ton of the slanderous words he Is charged with
uttering. Mr.. Fellows puts in as answer general
room was crowded. Including a good many ladies.
Messrs. Townsend Weed appear for the plaintiff
and Messrs Hatch \ Van Allen for the defendants.
separate trial of the two defendants. to which Mr..
Townsend objected. the objection being sustained by
After brief opening of the case by Mr.. Weed dur
ing which he stated that he proposed to show that
the facts stated in the telegram and letter sent by
Mr.. Sheffield to Mrs. Charlick were furnished by
Fellows pursuant TO conspiracy to injure the char
acter OF Mrs. Ham. the examination of witnesses
begun on behalf of the plaintiff. Mr.. Charles s.
Peck. agent for Mrs. Charlick identified the telegram
and letters His attention having been first called
to them by Mrs Charlick he stated that he at once
went to the house but found everything all right
On stating the object of his visit to Mrs. Ham, at
which she was both surprised and indignant sne
expressed a determination to go and see Mr. Sheffield
and demand an explanation. Mr.. Frederick Ohm
sted, partner of Mr.. Sheffield. stated that Mr.
Fellows had one or two conversations with him. dur
ing which the latter told him that Sheffield did
wrong in signing his to the telegram and letter.
and promising that Mr.. Sheffield should not be put
any trouble and expense in the matter that Sheffield
was in way to blame, and that he would take the
deposition of Mrs. Charlick she being too i'll to ap-
pear in court setting forth the facts about the tele
gram and letter. and that nothing disturbed in
amined at great length, giving her experience in
keeping boarding houses in this city, step she had
been compelled to take since the death of her hus-
band several ago. In stating the fact that to
meet some Of her pressing obligations she had to
part with diamond pin and diamond stud which
had belonged to her husband she became greatly
affected, and it some time before she recovered
her composure. In her cross-examination an effort
was made to prove her acquaintance with
noted mapractitioner. and that she had frequented
houses of assgnation but she Indignantly denied
the truth or any such intimacy or against
her. She conceded to being in debt to some OF her
various landlords. and to owing minor bills to
penters and the like With her testimony the plain.
tiffs' counsel rested. motion then made to
dismiss the complaint against Fellows which was
denied. A motion to dismiss the complaint against
Sheffield was also denied. The rest OF the day was
occupied by the dotence and examining various cred
itors of Mrs. Ham. The trial promises to occupy
two or three DAYS,