New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-03-27
A CONVICTS LIBEL SUIT.
WILLIAM HEATING GETS SIX CENTS.
THE PLAINTIFF MAN WHO HAS SERVED TWO
TERMS IN STATE PRISON.


auenty confined for several years in the state r'0n at
Sing Sing brought "a libel suit several months ago
against rue TRIBUNE Association Tor S2OOOO damages
A lawyer named +. r. WilIor acted as his attorney.
The counsc. TRIBUNE Association we're Cornelius
A. Tunke and Henry W. sackett The case has been GU
trial before Justice PARROT and jury 10 the supreme
Court for several days Yesterday the jury found yer
dict Tor the Ilantin to the amount Of six cents
10 appeared from the evidence that in the tall OF 1882
treuchmau named Dubuerque, who was insane out VINO
had allowed remain at large, ran annck throuRh
Fourteenthst., killing woman and njuring severa
other persons. About the time several patients IN
Guiding william Heating discharged from the ldnatc
asylum Wards Island Taken In connection with the
Frenchmans murderous assaults, the latter clrcum
stance aroused apprehensOns as To whether Suoh
course was consistent with public safety aud THE IRB-
UNE published interview with Or. Macdonald, Medical
SUPERINTENDENT tho Wards Island Asylum, entitled
Turning Lunatics Loose" in which reference WAS
made the OF Heating and Others and the danger
to be apprehendod from the Wholesale discharge OF
patients from lunatc asyums before their recovery was
assured pointed In tine report of the interview
certain decisions which Dr. Macdonald had attributed to
a patient named Woodbury., whose discharge from
Blooniu giae had obtained by Judicial proceedings
were inadvertently attributed to Heating The libel suit
was based the paragraph In which this error oc-
Cured. rho defence was that the attendant circum-
stances made publication privileged that the error
occurred inadvertently. and that as matter Of fact
Heating OF unsound mind.
Heating testified in his own behalf He told OF the cir
cumsances under which his father preferred charges 81
insanity against HIN, Of his examination by Ghe city
phys clans Tonbs. and his commitment to Wards
Island described in rambling fashion his treat
ment on the island his unsuccessful odorts to persuade
the doctors that he OF sound mind and his final re-
lease under a writ or habeas corpns.
Mr. Runkle in a shrewdy conducted examination
elected from Heating testimony concerning his past
lite dscredtabe to bis character and reputation. He
gf lima In
s63 and after living years in Newly York he went to
Ne Jersey to his expression began to live
poorsh lio He admitted that he had been arrested
on track and sent the State Prison at Trenton
| for one year for picking pocket Tie served out his
term returned to York and again fell away from
grace" He arrested similar charge and seh-
fenced TO tour years Sing He confined there
three and half years In both cases Ia was tried and
convicted under assumed name In 1873 he was
again arrested charge preferred by his father for
committing an assault upon his mother, woman RiXty
years OF age. Heating described the circumstances
which led to this assault substantially as follows:
| was IN the room with my mother and saw q lady
across street and told her that Thought that lady
ensued Ny father in and got excited. 'bere was
considerable disturbance. Ny Sl-ter; VINO was present
5 don;s Think that I'll Knocked her down,
The witness after his father had called in
policeman his mother did not want him arrested but his
father Insisted. convicted OF the assault sent to
Blackwers Island for month"; and served out his term.
After lie came out borrowed dollar Of friend aud
engaged in carting coal He said that he didn't rem EN-
Der having threatened the life OF his father nor d be
remember" standing over him with knife while lie
asleep and saying him whom he awoke that was
thing for him he woke up when he did or he
would have been 4" fixed"
| SHOWING THE PLAINTIFF As He is.
Mr. Rnnkle allowed the witness to talk aD)ut what he
pleased in his desultory fashion, that the jury might
Judge tho real character OF the man and nis mental
condition Among other things he said that there was
conspiracy him the part of the physicians and
attendants at Wards Island to make the asylum his
tomb -; that OF the attendants AFRAID that
lie would drop OF them in hciI tracks II he got
out and that therefore, they naturally wanted to keep
him IN asylum until he died He Thought that the
treatment patients in tho Wards Tsani Insane Asy-
ium was outrageous In the world" and that
the treatment he received would have justified him In
/ killing DR.. Macdonald.
In response to questions by his lawyer Heating
said that no attributed continued confinement In the
the fact that in his efforts to Obaiu his release
he had written letter newspaper severely
criticsng the institution. He said that he had Deyer
had such an examination would have Afforded him
opportunity demonstrate his sanity his ideas
as how he thought such an examn 'tion shonid be
conducted. He had fallen down I'm III in the street in
1872 '73 and the doctor hal told him that he had
over worked brain. He attributed It the Interest
he had in politics. the Tompkns Square riot and
the Bcecher trial. Reminded by Mr.. Runks that the
Beecher trial did take place at that time, ho ad
united that have been mistaken to that. but
his theory was that no must have taken in
something little extra" About that time no BAD been
a delegate to the Greenback Labor party convention.
Several witnesses introduced to testify 20 Keat
jnc's good character Some o, them lad nevor hea ell
had twice convicted OF larceny and for
ASSEMBLING his mother, they sufficiently we'll &C
quainted with him to know whore he lived. John X.
Perlry chief clerk of the Excise Board, had knOwn
| T. ma tIof Tiara Ifa
character was good He had him frequently
discharge from the army and had always heard
him spoken OF a honest man.
Mr.. Runke-If you had known that he had been twice
would that have modified YOU opinion
Mr.. P' rley-T would Iot have thought him man Of
Mr.. Wilder-lt you had known that lie had assaulted
his mother In the heat OF passion. aud had aiterward
bitterly regretted it, would that to change
yOur good OplnlDn OF hint
Nr. Perley-It would alter my opinion materially
Judge Barrett Would you have good opinion OF any
man who would strike "a woman, and that woman his
Mr. Perey-T would class him a bad man but
would not think II a proper thing to do.
Blair, packing LOx manufacturer and formerly
chairman Of the Creenback Labor Committee this city
had known Heating as delegate and heard nothing
against his reputation. In spite OF the fact that Heating
had been twice convicted OF larceny in consideration
the fact that the crimes hal been committed long ago.
be would be willing to employ Heating collector
and wodld trust him to collect nch as 81 900
Mr.. Runkle-woud you regard a twice convicted |
OF Larceny ht TO be u delegate of the Greerback
abOr party Al would not like to many OF that
kind.
OF you had known OF his previous history would |
you have admitted him delegated A-On general !
principles should have hestated.
The plaintiffs lawyer then placed the stand his |
brother. William r. Wilder, who testified that 81 along
about February, 1888 he had called upon City
Editor of THE TRIBUNE Mr.. Bowers, and requested that
TRIBUNE print a retraction OF libel against Keat
ing. He did that this retractlon should be |
coupled with attack DIR. Macdonald. He stated
that MI. Bowers alter absence OF fifteen minutes,
consult with his associates returned and replied that
they had concluded 10 do nothing about It, and would
not print any explanation retractOn or apology"