New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-12-05
Nominal Verdict Only
for J. Nj. Harris,
Rug Dealer
EXPERTS UPHOLD
ADVISOR CHARGE
Fifth Avenue Merchants
Praise Honest Adver-
tising Crusade

A merchant who sued The Tribune
for $50. 900 damages because this news
paper in the course of its campaign foT
honest advertising called him dealer
in rugs. furniture, fakes, frauds ana
swindles in q large and commodious
ritfall" on Fifth Avenue, yesterday got
an award Of six cents from a jury IN
Justice Giegerich's part Of the Su-
preme Court.
The verdict is regarded as notable
victory for the cause of honesty in ad-
vertising and dealing which The IT'D
bune has espOused and fought for
through the series of articles written
by Samuel Hopkins Adams and pup
lished in the columns of this newspa-
per for many months. The Tribune >
fearless exposure of misrepresentation
in advertising and its public condemna-
tion Of fake and deceptive methods
were upheld by the court and jury.
The case decided yesterday was the
first Of several libel suits against The
Tribune, based upon the Adams artl-
cles. 70 come to a court decision. The
attempt of the plaintiff in this action
to obtain damages against this news
paper because it dared TO shed the
light of truth upon his particular
methods Of trade in dealing with tn
public resulted in absolute failure
Damages Sought Exceed S1,0OO,OOO
The other actions pending are based
on grounds similar to those taken in
this suit. All are the backfare Of The
Tribune's efforts through the "Ad-
Visor" to rid the city of the widespread
use of misleading advertising and de-
ceptive methods Of making sales of
merchandise. The aggregate demands
for damages in these suits amount TO
more than $1,OOO,OOO. intermediate pro-
ceedings have been taken and various
motions made in some of them, but the
case in hand was the first to come to
trial.
Briefly, the case was this: Jacob NJ.
Harris, a dealer in rugs, furniture and
similar merchandise at 236 and 238
Fifth Avenue, sued The Tribune for
libel on the basis of an article by Mr..
Adams published in February, 1915, in
which it was stated in substance that
Fifth Avenue had been invaded by sew
eral persons, including Harris, with
past bad records of engaging in illegiti-
mate and shoddy trade.
The article then alleged that Harris,
after the Invasion" conducted his
business in such a manner that his
shop became pitfall Of fakes, frauds
and swindles, and it was on this part
of the article that Harris sued.
The outcome of the Harris action
after two weeks trial before n jury
which evidently considered that the
substance of The Tribune's charges
was proved, is regarded as having sig
nificant bearing upon the other suits
which are pending II is held 20 show
the futility of the efforts of dealers
whose methods have been exposed by
The Tribune to muzzle newspapers
which are seeking to bring about bet
ter advertising and merchandising con-
ditions. The verdict is considered a
severe setback TO merchants who are
irving 70 mulct The Tribune for heavy
damages because they were exposed TO
the light Of truth
Victory for Honest Dealing
Reputable merchants Of this city and
public spirited organizations and asso-
Citations of advertising men. OF trade
journals and fair-dealing Fifth Ave
nue. shopkeepers, interested IN the
capse Of honest, clean. truthful repre-
sentations of merchandise in advertis-
ing. at whose solicitation The Tribune
undertook 10 stamp out false and mis-
leading methods through the Adams
series Of exposes, believe that the ver-
dict is the most significant and far
reaching advance that has been made
for this cause since The Tribune's cam
paign was begun, two years ago.
Colonel Henry W. Sackett, trial coun-
sci for The Tribune, Of the firm OF
Sackett. Chapman & Stevens, stated
after the verdict had been given that
n was as satisfactory a one as could
have been rendered. He said that IL
was known in the parlance OF the courts
"a "contemptuous verdict"
In this. as in many other libel ae-
tions he explained. such a verdict
;ndicsted that while every detail of
the Ibellous part Of the article COM
blamed of was not proved TO be lit
rally true, the essential substance of
,be defamatory charges was proved,
"a the evil trade practices of the
~isintif. as we'll as his past character
and reputation. left him without sny
~;cht 10 actual damages.
Gin this manner" said Colonel Sack
90, athere has ended in absolute fail
nre the first attempt of dealers whose
u,sthods have been exposed in the col
mrons Of The Tribune 20 block its
Tork in endeavoring 20 bring about
better conditions in New YORK and TO
r,uyzle its writers so as 20 prevent
nynosure OF evil trade by muleting The
Tribune in heavy damages.
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