New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-06-23
MR.. DIXON HELD FOR THE GRAND JURY

JUSTICE GRADY GIVES HIS REASONS FOR NCT
DIsM.ssIYG THE CoMpLAINT.
In the libel case Of Excise Commits Toner KOCH
against the Rev. ThOma, Dixon. ir.. Justice Grady
Ia the jefferson Market Police C,uT y to-day denied
Colonel Abney's motion "a dismiss tho complaint and
held Mr. DIXON for The Grand jury in $1,000 bail.
Ne:her Mr.. Dixon nor Commissioner Koch We're
pre-cnt when Justice Grady denied The motion. Tho
nlsli,er was represented by Colonel Abncy and Nr.
Koch by 4. II. IIummel.
In denying the motion Justice G,ady sad:
The motion to di~nl,3 the ground, HAT the
publication honesty made with ~" belief that
1t true. and upon rea,onab." siounds for th,
belief, and consists - fair comment. upon the con
duct OF person II respect Of public Affairs is denied.
1t IS questioned by counsel for the defenc, that
the publication wa Hboil)us The attempt - eN-
it Is ia ed upon certain recorls OF proceedings
Ia the civil and criminal court against She
Board Of Exct.e. CT which ths complainant
member These proceeding, from the
failure Of the board % take prompt action with
reference T. certain complaints made by The city
Reform Club. against number # liquor dealers,
charged with violating The Excise laws by having
their places open Election Day. IN 1880. Their
saloons being situated within quarter Of Il mile Of
the various election booth.
at nowhere appears IN anything presented before
that the gnplanan herein was in any way charge
able with the delay which occurred i'm those prOcc ID
has Scsn submitted my con.idcia Ion his vote
against the convict on # Schcnpein. one Of the
parties complained a. That act Las not bccnAand
cannot be the subject Of Judicial notice. Were
they such q would iusiii, criminal prOcc 'dugs.
Furthermore it nowh"rc appctrs in the testimony
before me that the defendant had any knowledge Of
the proceedings upon which lie bases his defense,
before the publication Of the libel charged that his
acts must stand without justification or excuse for
the libel the publication and the Iospon -ibiy for
which tie defendant does not deny.
Il avail myself # this opportunity 10 correct an
Of one Of my ruling, during The course Of the cX
animation. fhe memoranda Of Judge Jarrett npOn
the Application - the supreme Court for n naHfauus
again the EAclsc Board indO.r Il, il Wa, upon
the record Ohcrel and admitted In evidence without
objection, and was not ia" subject Of any ruling or
graham. Van Bruni and MARITIME offered and
excluded by me, on the ground That the language
used by Judge IN any opinion. with which ne might
choose 10 supplement his decision Of a legal tlucs
ton submitted - him, could not excuse libel. The
decisions Of the several judges wee admitted hut
the opinions accompanying them excluded for
tie ground already stated.
Mr. Dixon, when last night by n Tribune
reporter AT his home, No. ~ West Nnrty fourth i ;
sad that he ~hOud cndcavOr 10 have his come
before the Grand Jury iOr decision al the earliest
possible day, as he was anxious 10 have the matter
settled. III regard u substan,iang the statement =.
lie had made about Excise Commissioner Koch. he
said
When / made ; OF the lauguagc In question IT
was because ! believed it b be tiuf, ard shall at
the proper time a5ducc the Necessary proof to back
up what | said Ia the pulpit"