New-York tribune., 1883-06-03
THE COURTS.
SIX CENTS WHERE $50 WAS ASKED,

SIX CENTS WHERE $50, 900 WAS ASKED,
The trial of the suit brought by Edward NJ
Jenkins to recover $4,000 from John NJ Cook as dam
ages for LIBEL alleged to have been published by Mr.
Cook concerning Mr. jenkins, which has been Oh trial
for two weeks before Justice Cullen in the Supreme
Court, Circuit, in Brooklyn, was finished yesterday by
the jury bringing in verdict in favor OF the plaintiff for
cents. Mr. Cook has been known for many years for
the excursion tours which, in connection with his father
Thomas Cook OF London, he has organized and carried
into all parts OF the world In 1871 Mr. jenkins entered
into partnership with the Messrs Cook In the American
business which previously had not been developed 10 so
great degree that upon the other side OF the Atlantic
by the terms OF the agreement tine partnership was 10
continue until December 80, 1878. In July, 1878,
Mr. jenkins made certain propositions 10 his partners In
the termination OF the partnership that were
received favorably by John W. Cook. Mr. Jenkins
put cash capital into the business and John W. Cook
alleged that Mr. Jenkins had largely overdrawn his per-
sona account with the firm OF Cook Son jenkins, and
a suit was brought for an accounting. An njunc-
tion was obtained In this suit which practically put
stop the firms business and the SUIT is still pending
Mr.. jenkins went on trip to Europe in
November, 1878, and Mr. Cook as he testified In the
trial, for the protection OF himself and his European
correspondents tho latter the foowngietter on
which this libel suit was based:
Private and CONFIDENTIAL
DEAR sIR: am sorry to think It advisable 10 inform
you that American partner Mr. Jenkins, has acted
dishonesty that have been compelled 10 enter an
action against him. and he has left NewYor after TAX
lag over three thousand pounds sterling, the moneys
of the nrm. / understand that he (acco lIpanled
by Mrs. Jenkins) has passed through France
for Italy / think II necessary t. inform
you that they travelling In connection with our
business that II you receive them and entertain them
free II will be In direct opposition to my wishe snd you
must please understand that II they present hotel eo
pons you In payment OF their account you ar not 10
accept them You do we shall not pay the ssns eo
Yours truly, JOHN NJ COOK.
Mr. Jenkins testified that this letter made his recep
ton hotels Paris and other parts OF Europe cool and
unpleasant He secured of the original notices from
a hotel in Naples. and soon afterward commenced THIS
action The defendant Justified" setting up the plea
that the charge OF dishonest action made In the letter
WAS true Mr. jenkins admitted on his cross-examina-
on that before the accounting suit was brought ne
drew from the funds OF the firm about $1,000. win
which he purchased Government bonds lie thought
that II was due him account OF probable earn
ings for the year. and he did not wish Mr. COOK 10 ge
the advantage OF him by securing all the Dfm iunds
this he declared 10 he legitimate conduct his part
Messrs. A1bet * Fuller and Winchester Brittol were
counsel for Mr.. jenkins; Messrs James r. Hl, wing
shondy aud william Fullerton for Mr.. Cook