New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-10-19
THE NEWS COMPANIES LIABILITY.

| CLOSING THE PRESCOTT LIBEL SUIT
FEW WITNESSES CALLED-MIss PRESCOTT BRrRrE,
| CROss-ExAMINEn SUMMING UP By TIN
COUNSEL
The testimony and the arguments to The
| jury concluded yesterday in the Of Maria
Prescott against the American News Company, In Part
H. Of the Superior Court During the forenoon Judse
Russell shared the bench with Leslie w. Russell Atto,-
neyGenera OF the State, and all day the other spects
tors OF the trial crowded the So strong was the
curiosity to and hear all within the bar that half
dozen times the course OF the day the Judge had "a
compel men in the back part Of the room to step down
from the benches under threats OF removal Save for
their eagemess which impeled them to crpwd tkickly
around the counses table and ury-box the spectators
were decorous in their behavior. though once, whle
Miss Prescots counsel speaking they broke ont into
applause so vigorous as to challenge sharp reprimand
from the Bench. Miss Prescotts little boys were with
her and few friends, but her husband Mr. Perze vas
not present during the day-a fact which used By
both counsel in their arguments for different ends Two
women, TO whom Ernest Haryier showed some atten-
lions during the noon recess, sat all the afternoon In
the place reserved for reporters They the only
women, beside Miss Prescott In the court room. Har-
vier himself disappeared from the space within the bar
the testimony announced to be all in and
consequently he not seen by the crowd willie tho
lawyers discussed his character.
The expectation that ex-Judge Fullerton would sub
ject Miss Prescott a searching examination on
her testimony in rebutal which included her version
her relations with Haryier disappointed Tho
counsel for the defence detained her only fifteen or
twenty minutes She told the age OF herself at her rss
marriage and her husbands at the present time and
stated that she did not know the meaning OF some
authorizations in the letters which have been intro
duced. Judge Fullerton then asked her to take tho
letters which she claimed had been written by her to
William Perzel and point out illusions to their intended
marriage. She took the letters and said, Wont you
excuse me I have gone these letters often.
Their general tenor shows they must have been written
to him."
Judge Fullerton-How does the general tenor show IL
q tell him that love him; isn't that enough Hes
the only one I do love and I'm married TO him now"
The counsel did not press the inquiry.
his case, Judge Fullerton called for Mr. PeIzel Mr.
Stafford said he at home sick: The Testimony for
the defence in rebuttal began with that OF Daniel p
Ames, expert in pensmansh1p who gave as his
opinion that all the letters introduced in evidence were
called and testified that he had taken Miss Pres
SG s gS 1G ssd dra Fullerton IN m le
Judge Fullerton then gave notice That he would ask
publication In question was not lOelous qnd that nere
had been proof OF publication in the legal gnhea-
would also ask that the record OF divorce be stricken
out as being not properly such record. He then
in the community for truth and veracity. II G. Bunner
and j. L. Ford both testified that his reputation in hs
question said that he knew HarvieEs reputation among
Judge Fuiierton-woud you believe him under oath
Witness-I don't know whether would or not 49,
Judge Fullerton-From what Is said of him by his
companions wouldn't you believe him under oath
the laughter OF ali except the counsel for the defence.
Judge Fullerton then began his argument Tor the
defence. He spoke two hours and hall ana was M
terupted by the recess at one o'clock He nnsnsa a.
twenty minutes after three lie showed the attitude q
the news company toward the tS S9d Sad ToS
ing to do with the writing printing OF pnDishing ana
argued that 1t hardship that the COMPANY sh@u9
them technical offence in the premises was relic
of the dark ages and reflected credit the times In
moral point Of view they had done no wrong; they
meant wrong and the plaintiff 10y pursuing them and
the author of the alleged libel had shown was no;
punishment of the wrong-doer, but money that she
after Harvier had been treated as the Defendant
for his course, and the feeling against him was only
natural But at the time when their intimac! began no
his mothers strings instead of editing paper she
was twenty-seven, the mother OF two lovely children
letters he argued they written Harvier and not
to Perzel. He threw doubt on the marriage OF Mis-.
Prescott by reviewing her testimony on the point and
dwelling on the mysterious and unknown doctor OF
medicine and divinity who it was said had performed
He urged that the American News Company were
obliged plead justification in the and prove the
as their only refuge from an adverse verdict. 80
Mr.. stafford spoke for the plaintiff from $40 TO Az
He did review the evidence, but cOntented hiins
chiefly with showing the contradictions in which liar
ver had involved himself On the question OF malice
he claimed that the arch scOundre the arch liar and
arch-perjurer was not HarNier. whom it was sought
now to make scapegoat. but sinclair Iousey tae
answer and bill Of particulars had sworn 10 tmngss
thousand times more infamous than those ehat9sam.
the original libel and then had offered proof Of them
In court; charging them simply for the purpose OF paeA
guarding and frightening her out OF court Ih ,ss
methods of Harver and the low style OF ourns.ism.
displayed In such papers as he edited which eoua dDs
alluded to the killing OF Slayback as one OK Rs
quences The Court will charge the jury to-day y