Year: 1873

E. /. sANDERsoNs GROUNDS OF COMPLAINT


AGAINST HENRY c. BOWEN.


The suit of 4. l.. Sanderson against The
Brooklyn Union. of which Henry Bowen is editor and
part proprietor brought 10 trial yesterday at the
Kings County Circuit before Judge Gilbert I'd jury.
Judge Reynolds William A. Colt appeared In behalf
OF the plaintiff The defense represented by District
Attorney Britton and George C.. Holt. The action was
for hbel and the plaintiff demanded $4,000 damages on
account OF the publication in The Union on Jan 16 1872
OF report Of personal alteration which occurred on
that day. in front of the Courthouse, between himself
and w. A. James The details OF the alteration were
given at considerable length in The Union of that date
with the remarks alleged to be derogatory to the char
acter of the plaintiff.


The defense admitted the publication OF the report,
but denied that 1t melted by malice, and endeavored
to that the plaintiff had accepted full satisfaction
for the alleged libel in the editorial retTactions which
were subsequently made Mr.. Britton az first moved TO
dismiss the complaint the ground that an action for
libel cannot lie against corporation and that malice
being the Of the action no quo amino could be
affirmed of fixture, corporation. to which malice
could be imputed IL being impossible for corporation
to have motive He quoted authorities to sustain this
yew but Judge Gilbert denied the motion to dismiss the
complaint saying that II had been held in England that
an action for libel could be maintained against corpo
ration and that he why 1t should not be-
Mr. Britton took exception.





upon which the action was brought. He repudated In
behalf Of the plaintiff the charges made by Mr. James,
and which fully reported In The Unton and said
that IL they had been true the plaintiff would be out
lawed socially. The press is powerful, and while It is
blessing it create and Destroy and should be taught
that it has no right prey upon peoples characters If
the allegations can be proved true the plaintiff had
nothing TO say, but would be crushed and unable
TO meet the public view.


Mr. sanderson testified IN part that he was married
children,
5years and had known Henry G. Bowen personally sew
eral years The cross-examnation elected the state
ment that personal differences existed between the
parties action the time of the publication OF the
article The report Of the alteration admitted TO
be substantially correct with the exception OF the omis
him The defense unsuccessfuly tried 10 show by
examination that Mr. Ssnderson had condoned the libel
and accepted certain editorial articles OF which
written by himself and printed In The Union succeed
ing days full satisfaction.


The plaintiff g was closed with Mr.. Sanderson's
examination, and Mr. Brton again moved 10 dismiss The
malice but clearly 10 the contrary second that the
transactions and the publication OF Mr. Sandersons
of law the fact that they TO be In full satisfaction
Judge Gilbert declined 70 grant nonsu as the retrae
tion did not show lack OF malice but was matter OF
the publisher that ahould pc regarded py the
Jury In mitigation OF damages.


Mr.. Holt opened for the defense. Henry C. Bowen
testified that he editor Of The Unon and unaware
sandersons request he authorized the publication OF
reraction which he said IL was agreed should be fu
satisfaction and settlement OF the later grievances OF
fciams for damage The remaining testimony went TO
show editor and managing editor OF TIE Unton
did not know OF the article until after Us publication
The city editor admitted that he had permitted the pub
hcaton under the authority exercised by him lin the
absence of the editor and business manager. All the
witnesses for the Defense including the reporter who
prepared the article, dscaned any intent TO the
plafntin The case closed, and Will be summed up
by the counsel to-day.