New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-01-07
DAMAGES SIX CENTS.
INJURED ONLY TO THAT EXTENT BY Be
ING CALLED A BLACKMAILER,
A JURY DECIDES.

The fury which for the last two days has been
hearing testimony in tho United States Circuit
Court in the suit brought by Anthony Comstock' OF
the Society for the Suppression Of Vice against Dr.
Montague r. Leverson. Of Fort Hamilton. to re-
cover $4,000 damages for defamation Of character
Yesterday assessed the damage 10 Mr.. Comstock's
character six cents. The verdict does not carry
costs against the defendant. The ground for the
suit was the fact that in quarrel in tho Central
Station. Albany. between Comstock and DIT Lever
sor following the defeat Of bill In which Com
stock was interested DR.. Leverson turned TO tho
bystanders and remarked: Ladies and gentlemen
this man Is Anthony Comstock. notorious black
mailer. who never earned honest dollar in bis
life" When called TO the witness-stand on Wednes-
day. DR.. Leverson admitted having made the re-
mark and said that he believed then and still be-
lieved that what he said was true.
When the hearing reopened yesterday Comstock
himself called TO the stand. He said that he
had been connected with the Society for the Sup
preston Of Vice since It's incorporation in 1873, and
detailed the circumstances Of his meeting with Dr.
Leverson in the waiting room al tho Albany rail-
way station He admitted that he opened tho con-
versation which led to the dispute.
What did you first say to DR.. LeversonT' Mr.
Comstock was asked.
II told Dr. Leverson II he had any evidence to
substantiate his statement or charges which he
had made against agents Of the society before the
Senate committee to put them in writing and give
them 10 me-" was the reply.
You knew that DR.. Leversons statement before
the committee privileged one?"
i did"
"And you decided that by an alteration you
would provoke Dr. Leverson to say something
about the privileged statement. 50 that you could
sue him.
NO l thought he misnformed. and, as he
was an honest man. he would put the statement
in writing so that could investigate IT,"
Have you not for twenty-five years been writing
letters people, so that You could prosecute or sue
them" .
spector he had written decoy letters. ana mao
signed fictitious names to them, but said he could
not recall all the in which he had resorted 10
this subteruge TO obtain legal evidence concerning
Judge Lacombe ruled that this had no bearing on
DR. ". G. Hitchcock testified as TO the proceed
ings in the Senate Chamber, and Thomas r w IL
son an editorial writer was examined as 10 Ooih
stocks character. This closed the testimony ana
the summing up Of counsel began. $1,000
10 the Jury said that Comstock had provoked the
old physican after being told several times TO go
away with the intention Of getting Or. Leyerson 70
say something upon which ne coud sue f c'r
stock A blackmailer. as he then believed he was;
and did so still Counsel said that Comstock ditrsi
bra ndt,i him as blackmailer. because, with their
resources they would he likely 10 prove thelr
charges He. however. selected Dr. LeveTson. VINO
could not afford to make an extensive lhFesUed'oi''
In his charge to the jury Judge Lacombe said
that the alleged soandalous language not t~ihe
denied the only questions TO be consldereo IA ~. "
c!dng the suit provocation or malice ana me
amoin, OF damage done 10 Comstocts character
and reputation The Jury retired al O'Clock ana
an hour later they came in with their verdict