New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-02-01
THE TOWNSEND LIBEL CASE.
TESTIMONY FOR THE DEFENCE.

h.ad ~ the nuhlishinp department OF II. a. Warner,
a Co Of Rochester He called at the Truth ofce 70 see
about some paragraphs which had been printed N 'na'
paper derogatcry TO the business OF warner w. an
srt was made TO prove the character OF the arucles
but Mr.. Newcombe objected ana tue op9oouon ""'
sustained. Mr. Elliot continued:
saw the cashier OF Truth Mr.. ClarR' anu
him the when 6 that
there was d sputed hill OF between $40 ana 500
Tr and Warner Company promised Get ST new S1a adj
vertsng contract II the publication OF the parasrapns
was not renewed never heard OF any lurtner a'cAS'
Thomas H. Ryan, the general advertising asenS oi INC
Long Island Railroad testified that he had been con-
neced with the Manhattan Beach Railroad, which now
branch Of the Long Island road, since 1879 He sad
About the beginning OF the season OF ISL 1
went TO T1lh and asked Their rates Ur ipfome1
that Mr. Hart would like 10 see me- ne asker n
not unless got special rates lie then said guess
can make out of you by going for you on the se"
age question
GEORGE ALFRED TowNsEND's TESTIMONY.
George Alfred Townsend the defendant, was the next
witness called lie testified that he had been actively en-
gagged as Journalist correspondent and author for about
twentySour years.
wero you arrested in this case asked John D. Town
send.
"Ohected TO- said Mr. Nevoombe jumping to HIS feet
at propose to show" continued Mr. Townsend, " that
this gentleman has been materially injured by the plain
tin"
must object these constant statements as 10 wna'
you are going TO prove" responded Mr. Newcombe TESTIFY
The objection sustained
o-What was your connection with The Cincinnati En-
o,rer about November 49, 1890 the time that this article
appeared Al news and editorial correspondent
sent dispatch TO them nearly every Gay, wSs en- ~,
Caeed to supply the paper with the ieadhg loP'oe VI
oDid Won write the article In question Al did
II was in my line OF duty and had no other mouVe III
oxhat oaused vou to write the letterl Al wrote
fbc
OF the day. -. u.,.oroor.s
IN Il to be true Al did not state anything in it that
aid not believe to be true wouldn't be willing to swear
oW6efe did YOU get your information In regard to the
statements madel A-Largely from the daily papers
o.gHave you ever been sued for libel beforel A
Never. ,-o-.
once in Washington for striking man. Twas discharged
at once on my own recoSnizancc
witness further stated that he had never seen Hart
at the time the article written and had no Ill feeling
toward him
Q-At the time the article written had you seen
what purported TO be the fac-simile OF the Garheidorey
O-Had you seen a denial of iti Ayes.
Q-Had you noticed subsequent to the publication OF
the impression alive in the public mind that 1t was genu
met Ayes, sir
In the crossexamnation Mr.. Townsend said:
Twas not thrashed by man named Harrison. young
mausruck me face in the Gilsey House one night
but got away before could reaiate II may have been
o
Time in reference to lady going under the name OF
Harrison. had unkind feelings toward Mr. Hart
did not know him at all.
Mr. Ncwcombe introduced in evidence an article from
The Philadelphia Times of October, 1883, containing
scathing denunciatiOl Of Mr. Hart.
The witness said that article in The Cincinnati En-
qnirer was sent by telegraph on November
H. He fixed his income at between $4,000 and $4,000
on the redirect examination Counsellor Town
send read extracts from Tt1uh attacking George
Alfred Townsend, and went into examination as to
the OF the Information that was printed III Inc
Philadelphia Times.
A LETTER FROM HOWE AND HUMMEL.
After recess George D. Roberts. specuator, who is
interested in the Postal Telegraph Company, testified
that he had been introduced Mr. Hart and requested
TO give him some information IN regard to Western mines
Mr. Hart introduced him 70 Mr. Pratt who is now man
aging editor Of Truth. Some time after ward the stock
of the mines about which information had been given de
clned IN value, and he received letter from Rowe
Hummel which was put IL evidence 1t stated that I'M
less he Roberts, settled claim which Hart had against
him an action would be Immediately Instituted against
him for conspiracy by Howe & Hummel for Hart. Mr..
Roberts said 81 knew nothing of any claim that Hart
had against me- and this letter Of Howe Hummel was
the first information that had OF such claim"
Immediately after receipt of the letter Pratt in
and Roberts demanded explanation. Pratt said that
Hart had invested in the mining stock and lost by It, and
that unless Roberts made good to Hart something Ike
SIS 900, TruH would attack him He declined to make
the loss good and was attacked Ivy run though no suit
was brought. John d. Townsend read articles from
Truth attacking M. Roberts
In the cross-examination Mr. Newcom6e endeayored
to break the force OF Mr. RO0eItss testimony
by gOiug into the history or UNSUCCESSFUL mining
ENGAGED ens Se r Roberts Stated that Messrs ErhaT
and JcwCt had left the directory OF the Postal Telegraph
Company because they did not choose 10 put up the neces
sary amount of capital.
III the redirect examination Mr. Roberts stated that
of the companies in which he had been interested
had ever lost property or standing by any act Of his
BYRNE's RELATIONS WITH HART.
Charles A. Byrne testified that he had been associated
with Hart In the publication of Truth. He vas absent at
the time the Morey letter was published. He sad al
complained of the publication and demanded TO know
where the letter came from. Mr.. Hart said that he
had got under the seal Of masonic secrecy and could
not tell me, but he certain II all right wrote
letter to Hart telling him that was dissatisfied with
his management of the paper and demanding 10 be con-
suited all editorial topics. had been sick for some
time and when got up had notification that there was
warrant against me Cor libel published in Truth OF
which knew nothing"
1T AAt first was the editor and there was no inter-
ference Then Hart made suggestions which afterward
became dictatiOns He then began 10 write
short articles attacking people. 1 objected 10 this
course, sometimes by passing the point OF pencil
through the articles which created dscord and unpeas
and sometimes by word OF mouth The substance
OF my remarks 10 Hart was that the articles ne wrote
vugarized the paper. , -
depreciation IN circulation Immediately after the pubca
was a depreciation from few days before cleo
II now offer in evidence" said Lawyer Townsend,
"couies OF the Indictment, conviction and
sentence of William F. Howe, with two
dated in 1887 in the Court of Sessions Bench, Townsde
II is for suoornation OF perjury" -, ~.
-" object TO the admission Of these papers,, said Mr.
Newcombe, ON the grounds that they are Irregular
immateral and scandalous. They describe person OF
name other than that OF the lawyer or this city, The OBJ
lection was sustained and an exception taken
" now offer another indictment and conviction OF
William T. Howe dated 1857, or selling obscene litera-
tgre n the streets Of London" said Mr. Townsend 1t
was objected TO and exclnded on the same grounds
Samuel g. Barnard next put the stand 10 prove
That William IT, Howe, Of Howe & Hummel was the per
son named In the paper offered Lut the evidence was
excluded. vs..
The case was adjourned until this morning
THE COURT OF APPEALS.
ATpACy Ian n In tho (torrt &c