New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-05-10
HORACE GREELEY IN COURT
SOME FAMOUS LAWSUITS IN WHICH HE
WAS CONCERNED.


NETWORK CITY LITIGATION.
In Extraordinary Cases. book to be published
this week by Harper g. Brothers. Henry Lauren
Clinton. well-known lawyer of this city. gives an
interesting account OF some lawsuits in which he
was concerned. Anon. those were several with
which Horace Greeley connected.
In the year 1851 Fernando Wood indicted In
the New-York General Sessions for obtaining money
by false pretences The Indictment was found on
November T. 1851. and alleged that the offence was
committed November T. 1913. Woods counsel
moved to quash the indictment on the ground that
1t found day too late The statute OF lin
itations that time required that indictments
should be found within three years after the COM
mission OF the offence The point was whether. in
the computation Of the three years the first day
should be included or excluded: II included. the In
dctment found day too late. II the first
day excluded. the indictment was found in
time. According to the decisions of the Supreme
Court in the State OF New-York the first day should
be excluded. and therefore the indictment was
good The Court of General Sessions Recorder
Talmadge presdlng). directly contrary to these de-
csions, held tina; the first day should be included.
and therefore quashed the Indictment. Mr. Gin
tons sketch of this proceeds as follows
"On account OF giving Wood the benefit Of such
bad law. and thus shielding him from trial. the
Recorder was much criticised. The newspapers,
and among them The New-York Tribune. assaed
him. The Tribune charged that the decision
quashing the indictment not a disnterested
one The insinuation thrown out that the Re-
corder influenced by mercenary motives.
Finally it was charged .intimated that he re-
ceived from Fernando Wood $500 the price Of HIS
decision The Recorder quite FESTIVE under
these attacks. The time came when Fernando
Wood. as Mayor OF New-York City. acquired inn
mense popularity, when he was almost the idol OF
our best citizens when the reformers and re-
ligous people sounded his praises. and seemed 10
regard him model OF purity and the incarna-
ton OF patriotic benevoence: when Wood professed
to initiate many reforms which would correct all
manner OF abuses and requested those who saw
anything out OF the way to make complaints at the
Mayors Office so that he could that justice was
done The praises OF Fernando Wood Mayor o;
Nev-York CITY, were 80 general and numerous
that IT seemed as though he had changed his
identity.
RECORDER Talmadgc seized the occasion Of this
state OF affairs TO vlndicate himself from the
sanderous imputations cast upon him He told
Mr. clinton that he intended to the newspapers
for libel and that he would begin with The Tribune.
He wanted TO start with Horace Greeley. lie de-
sired Mr. Clinton TO act as his counsel and bring the
suit stating that he would push 1t TO the utmost
of his power-he would have no procrastnation He
stated that he applied to Mr.. Clinton because he
knew that he energetic and In the discharge
of his professional duties could no; be intimidated
by the press. He said he wanted lawyer who was
bold and fearless and therefore he selected Mr..
Clinton who told him that II he was In earnest he
would act for him. Mr.. Clinton at once February
G. 1860 commenced a suit for libel on behalf OF
Recorder Talmadge in the Supreme Court against
Horace Greeley IL not long before MI Greeley
wrote Mr. Clinton a characteristic letter, In which
he said he was aware that he owed Recorder
Talmadre anything: but II he did. Recorder
Talmadgs thought he did. he willing 10 leave
Il out to referees and he therefore, proposed TO do
So In answer TO Mr.. Greeley's letter Mr.. Clinton
wrote him saying that he would submit the matter
TO his client. and. on learning his views. he would
further communicate with him (Mr Greeley.
4 LETTER THAT WAS NOT ANSWERED.
"Mr Clinton submitted Mr.. Greeley's letter TO Re-
corder Talmadgc. and asked his instructions as TO
ubat no should do II appeared to Mr. Clinton that
the Recorders enthusiasm for the litigation began
70 cool His aggressiveness was perceptbly difnln-
ishlng Mr. Clinton failed 10 obtain from MIN any
instructions as to what he should write MI Greeley
IN answer ~ his letter When the suit was brought
the Recorder expected that Fernando Wood would
be the chief witness for the plaintiff AT that tWe
Mr. Wood stood so high in the estimation OF good
cI,izens and especially OF the highly moral and
religious portion OF the community. that Mr.. CIlh-
ton had no doubt his evidence would be not only
highly credible. but absolutely conclusive How
ever II was not long before his new admirers began
m lose faith in him The Mayors popularity outside
NJ those who followed his political fortunes through
Good and evil report declined rapidly and 1t seemed
IN the general public that he was the same Fernando
Wood as Of old His crcdibi'i'y "a witness "oulu
-, ,o,,her oreater nor less than before his sudden
extraordinary popularity. Talmadge remahen qu-
osoo,,-hc would not move-and. therefore. Mr.
Clinton could not press the SUIT. lie ""u'u not
direct that It go on, nor that IL he dlscoh''"ucu
,rhus tho st,lt remained until years afterward II
s 1isn,i ssed for want OF prosecution, on inotoh OF
Mr. Greeley's counsel Why Recorder laImauee
would 90 no further with II Mr. Clinton coud never
understand. - , ,
.rho Recorder and Mr.. Greeley were very con-
,o,ous public men. They had been In congress
,oo.ther and had been on friendly terms "hether
tho nrocrastinaton OF Talmadge had ahythIis u 10
ud,h the attacks upon Woods honesty could not DE
,too,.ored 4 single anccdote Will illustrate MI
woods reputation for honesty. Mr.. CLINTON wen
remembers being present at large Deinocra'I'
o.e,,nq In the city Of New YORK during inc "u-
,r,n,stra,,on OF Abraham Lincoln when the sub
NJ 1yood.s honesty received the humorous
,,ar,,on of John Van Buren,. Wood and many
o,her democratic leaders were on the platform
while John Van Buren, was addressing me neJ, ",
lie alluded to the aPI n huren said to speak Of
nrann as honest'-to call him Honest ABE uoh-
eat John.' or Honest Jones. or Honest J sum-,
- onn;hcr way OF insnuating that me ho.,sS
Wa s,,ch nerson was a debaable question: Most
neonlc who were honest had no preHN oI o'i 80
to their name ,4deeS II was insulting Turning 10
Wood he said My friend here was never ,snoke
to such dsrespec ana nio The audience we're
CONFUSED with laughter. and MT. "oou "''"Se''
toIned heartily In the merrment vvood and
'Onrbo SUBSEQUENT careers OF Fernando Woou anu
Horace greeley are well known. The former AZ
iained the position Of patriarch IN .ne ngraos
cratlc party His subsequent career IN Eonsress
niaced him high in the estimation not onIy OF ms
fellow members of both political par'es d ou, r %.
tt niye The cordial and generous support OF the
Democratic party, which previously ne ,ia liz,
vigorously and bitterly opposed as the'r ca"uiua'e