New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-02-02
VERDICT IN THE HESS CASE.
IT is SEALED AND WILL BE ANNOUNCED
THIS MORNING.

The trial Of the suit for libel brought by Charles
A. Hess against THE Ncw-York Press was III"
ished Yesterday before Justice Fursman and jury
in the Supreme Court and at o'clock last evening
the jury brought in a sealed verdict "hich 'uS"'e
Fursman will open this morning
The court proceedings yesterday were conhneo
10 Justice Fursmans charge 70 The jury Inc
said IN mart;
Although this case has taken considerable 'ihe
in trial the issues are not greatly comphcated. IL
is brought against the defendant pupnnsner v 9d
New-York newspaper called Ihe Ne N NrN
york bar and OF good standing. He was p nom
nee by the Republican party ior inemoe' man ui ~
gress. The Jaw contends that no lS ma" "a
The defendan: has certain right ,ns N be- fsT an6
Iessonahi@ To go further in crticising a citizen
agains, the law tends TO bring him IN III re'"'e
In this case T. in the article printed, the de-
guilty Of libel There are two kinds Oh uaInSse 49,
Fret compensatory DAMAGES for injury 10 P US,
nrcs FOR wanton and malicious attack
Justice Foreman dwtlt long in his address on
To changes of residence by MI Hess In 1893
There is difference between residence and dcnl-
Gle" he continued. You have heard all 'he
evidence of tho plaintiff and defendant as TO the
chang n residence. You have heard tnat the
nlain,iN tod reporter who now occupies judi
cal prs.tion in this city that he Che plaintn) was
to move 10 Ncw-Jersey and had given up pohucs
IN The State Of New-York. and had moved his
household fleets from SenevfY-ntth-st-. IN 'HiS
city. 10 Madison y J.. and that he had paid his
Doll tax In Now-Jersoy. II you end all this to he
true then you have no right to award the plain
TN any damages
Justice Fursmar then took up the consideration
o. tire next charge IN the article in The Press.
that Hess had paid for his nomination, and he
quoted the statutes in relation to this. He then
read the article which appeared in The Press. -
when he reached that part Of the article which
Rad: Hess is the bosom friend and companion ~
the notorious Tammany Han murderer" ho turned
IN the jury and said
That f. libel For 10 charge n man with being
bosom friend OF murderer destroys the char-
scter in one sentence which takes years 20 build.
You have no evidence Ira. John j. Scanntll was a
murderer. lie tried a charge Of HON cide.
tried before his felow-citizens and discharged. on
fore not a murderer. You now 10 follow the
Law as ] gave IL to YOU YOU must remember that
The New-York Press goes into many homes an 4
nm attacked. The newspapers arc ne sSity 10
our civilization There IS considerable liberty
given To the press % this country. but it r. COINS
on every day tina, Of the newspapers are mis-
taking this liberty for license In This case the
polifica doings of some Of our estimable citizens
Of New York have been pretty well aired. Political
prejudice must not enter into your consideration.
The jury then retired. Eve -hnurs later the jury
was brought into court and said there appeared
no possibility OF an agreement. Justice Fursmar
saih that in Rome cases Jurors could not arrive al
an agreement because OF conscientious convictions
ana IN others because Of obstinacy the part Of
some OF them
.''rhis case" he added. has occupied considera-
bic time. and should. think, be settled one way OF
another. / shall direct that you be locked up until
o'clock when II YOU have not agreed you can
have supper and then resume your delibera tons
Yon will then be locked up again. and | shall re-
ceive a sealed verdict from your tomorrow morn
Al o'clock the jury announced an agreement.