The New York Herald Newspaper, September 17, 1850, Page 2

EXTRAORDINARY LEGAL CASE UNDER THE NEW CODE. Astounding Developement of the Torpedo Mystery. Mtrange Workings of the New Code of New York, lished im the city of New York, and called, or known as, * The National Police Gazette,” and the plaintiff had then, or theretofore, and for some time before the publication of the said alleged libel, imposed on himeelf, or pretended to impose on him- self, the task, or had assumed, or pretended to as- sume, the righi of aiding the criminal law authori- ties of the city and county of New Yerk, and other places, in the detection and apprehension of per- | sons suspected of having committed offences sub- | jecting them, on conviction, to punishment by law, | and in like manner had imposed, or pretended to on himself the task, or had assumed, or | impose, SUMMONS. m D ded t ume, the right to publish, frem time €ourt of Common Pleas for the City and County | [ime and had, prior to the publ aay ‘of the said ef New York. George Wilkes against James Gordon Bennett. — alleged libel, pabilaeds Sree Sees to nae, ine To eas said newspaper called the ‘* National Police Ga- zette,” statements of the characters and acts of peraane known, or suspected, to have been, or to » guilty of criminal apeeoe, and amongst others, the aftermentioned Samuel Drury, and Samue’ Drury the younger; and the plaintiff, in order, and vee pha? the teed igrf Specie ta tas! OF right had, during such time, employed, or engaged, iirers persons, to the defendaat pee to poy therein; and that on the third day ef May, 1849, some person delivered at the house of one Thomas Warner, in the city of New York, a eer- | | | s GorDON Bennerr :— | Sini—You are hereby summoned and required to answer the complaint in this action, of which & @opy is herewith served upon you, and serve acopy ef your answer on me, at my office, No. Beekman street, in the city of New York, within twenty days after the service hereof, exclusive of the day of such service; and, if you fail to answer the eomplaint as aforesaid, the pl jaintift will apply to the Court for the relief demanded in the com- Jonny Granam, Plaintiff's Attorney. plaint. Dated Ap >, il 22, 1860. tain box containing combustible materials, and thea, ‘ COMPLAINT. . and since and hereinafter, called a torpedo; an Court ef Common Pleas for the City and County | the said torpedo, on the 4th day of May, 1849, ex- of New York. ; ploded in the said house of the said Thomas War- City and County of New York. ner, and then thereby put in danger the lives of the George Wilkes against James Gordon Bennett.— | said Thomas Warmer, and Eleanor his wife, and George Wilkes, plaintiff, complains that the George W. Warner; and afterwards and before the defendant, being the editor, printer, publisher, or | publication of the said alleged libel, the plaintiff peorteee of a newspaper published in the city of | and others, to fhe defendant unknown, suspected, ew York, called the New York Herald, the | or pretended to suspeet, the said Samuel Drury the following libel concerning the plaintifi,was, on or | younger, of having delivered the said torpedo at about Wednesday, the seventeenth ot April, 1850, | the house of the said Thomas Warner, and the published therein, viz. :— said Samuel Drury of having contrived and made, POLICE INTELLIGENCE—THE “TORPEDO” DEVELOPE- | or caused to have been made and sent, and cause MENTS. to be delivered the said torpede; and that the said ‘The second trial of the Drurys is near at hand, | torpedo was contrived, made and seut by the said the first having resulted in a disagreement of the | Samuel Drury, and delivered by the said Samuel jury, but the second trial, it is expected, will | Drury the younger, for the purpose and with the ring forth still further strange and cer agrpete| | intent, and with malice aforethought, to kill and developements, exhibiting the coterie of “stool | take away the life of the said Thomas Warner weonism,” a8 formerly practised by Bill Wiley | and his family, or some or one of them; and the and his associates. The following docaments, | defendant says that the contriving, making and which are true copies from authentic papers, speak | sending, and delivering, of the said torpedo, with for themselves: | the intent and purpose, and 18 manner atoresaid, at Copy of affidavit of Wm. H. Warburton, other- | the time when the same was made, sent and deli- wee ym Darlington, sent to John McKeon, Esq., | vered, as aforesaid, was, and has ever since re- District Attorney of the city of New York :— | mained a criminal offence, punishable by law; and 1, W Warburton, better knowa as Wm. | the suid Samuel Drury, and Samuel Drury the Darlington, do hereby state upon oath, that from | younger, or either of them, on conviction of the facts in my possession, lam perfectly assured that | offences, or either of them, would have been the torpedo box was made by a relative of Wm. | liable to be imprisoned, as provided by law; and H. Thompson's, by order of said Wm. H. Thomp- | after the delivery and explosion of the said torpedo, son; the explosive matter it contained was con- | and atter the plaintiil suspected, or pretended to trived and put therein by said Wm. H. Thompsen; | suspect, the said Samuel Drury, and Samuel Drary that said Wm. H. Thompson was employed to do | the pong, of baving contrived, made, sent and it by @ person not herein mentioned, for which he | delivered the said torpedo, in manner aforesaid, he, was to receive the sum of five hundred dollars, if | the plaintiff, in pursuance and execution of his said it succeeded in killing Thomas Warner, Esg., | task or right, or pretended task or right, formed a of Is oy Hall Place, in the city of New York. I, | plan, the details whereof, save as aftermentioned, W.H. Warburton, further saith, that said Wm. | are to the defendant unknown; but, having for its KH. Thompson did fill said box with combustible | object, or pretended object, the detecting the per- and explosive matter, and so constructed it, that | petrator or perpetrators of the said offences, and in opening said box matter therein cot ned = the bringing home the commission of the said should | y and exp and thereby de offences to the said Samuel Drury, and Samuel and tuke away the life of said Thomas V Drury the younger, and the obtaining evidence by nd that Wm. H. hompson did carry, or upon which the said Samuel Drary, and Samuel 4 torpedo box to the | Drury the younger, at be arrested, tried, and retration of the said offence or he plaintiff had formed such beg and before the publication of the said alleged ibel, he, the plaintif. developed a part of his said plan, but what part the defendant does not know, . Warner, Esq., of 18 City principal actor in the to other nefarious convicted for the peri ofiences; and after t torpedo atlair un transactions of Wm. H fre now under you th et the principal culprit. | and cannot set fo 3 to his belief, or otherwise, eir, your humble servant, , to one William H. ompson, and then thereupon Wa. H. Warsurton, ed the said William H. Thompsen to aid and otherwise Wa. D. N@TON st him, the plaintiff, in the execution of the Brave or Vermont, Carzponia ( said plan, Which the said William H. Thompson | agreed to do, and the plaintiff and the said William fon, | H. Thompson then and there arranged together signer of Jemn | that the said William H. Thompson should @ath that the same is true in substanc: ccording have an interview with the said Samuel Drury, io his best information and belief. Sworn before | aad in such interview the eaid William H. me. G. Ac Bunzann, Juatioe of the Peace Thompson was to falsely represent and pretend The following letter alludes to the above affi- that he had in his possession, or under his control, davit — . or knew the place of YY ooge of certain property Danvittx, April 5, 1850. which he desired should be seen aud inspected by Horace F. Crarx, Esc r—l wriie to in- | the said Samuel Drury, or make some other false ‘m you that I made an ¢ i avit, and swore to it | Tepresentations to the said Samuel Drury to induce en the 26h of March, aad forwarded it to J. | the said Samuel Drury, or the said Samuel Drury Mckeon, District Attorney for the city of New the Jounatt Se meet the said W. H. Thompson, York, stating that | was ready to come forward | &t the said Third avenue, in the city of New York, and show, from facts in my possession, that for the purposes after mentioned, and that then, thereupon, and after the said arrangement between the plainuff and the said Wm. H. Thompson, and on the fifteenth day of September, 1349, and | in pursuance of the said_arrangement between the plaintiff and the said Wm. it Thompson, the said Wm. H. Thompson had an imterview with the said Samuel Drury, and then and there, in pursuance of the said arrangement, falsely repre- sented and pretended to the said Samuel Drury, Thompson was the man that made the torpedo. 1 also told bim that the whole of the cases got up against Drury was got up by perjury and con- racy, which 1 can prove. I also stated in a Hall Place, in the city of New York, and de livered, or ceused to be delivered, to an inmate of said Thos. Warner's house, the said torpedo box, directed to said Thos. Warner, Eaq., with the in- tention of taking the life of said Thos. Warner, eq. 1, W. He. Warburton, otherwise William | that he, the eaid W. H. ‘Thompson, had in. his Darlingien, do further state upon oath, that J did or under his control, or knew the place in company, act in concert with the said W. H, ©f deposit of property which he desired should be Thompeon, in the rat council, as it was so termed | $¢¢n and ee by the said Samuel Drury, and in the Police Gazette, und 1 do most solemaly | further and falsely, and pursuant to said arran ment, represented to the said. Samuel Drury that the said property wes deposited or concealed in the Fifth avenue in the city of New York, in a stone fence there; and then and there appoiated with the suid Samuel Drary, to meet the said Samuel Drury the younger, on the seventeenth day of September, 1849, ut a certain hour and place in the sweer that said rat council was a foul and black eonspiracy, got up by the said Wm. H. Thompson, for the purpose of convicting Drury, and thereby document accompanying my affidavit to Mr. McKeon, that the rat council was a foul and black conspiracy, and that Thompson, Wilkes, and myrelf were the conspirators; and I farther stated Ne that Thompsen came on to Boston, and got certain’ ¢ity of New Y iy bee in the Third avenue of ereons (o swear to affidavits of his own framing, | {he said city, for the purpose of his, said Wm. H. Thompson, then and there delivering to him, the said Samuel Drury the younger, the said pro- perty, so as aforesaid falesly represented and pre- tended by the said Wm. H. oe, to be deposited or concealed in the said Fifth avenue, in manner and as aforesai x the purpose of getting Drury indicted by the Grand Jury, as soon as he was arrested; and [ tell you, sir, if Drury goes to trial, he will have more rjury to contend with than he is aware of, un- #8 | um brought to York, as it is not ia the power of any man to show the case in its ue r light, except my brother conspirators, ilkes and Thompson, and they dare not do it. After the base, foul, and indefatigable exertions they have, , and that after the said interview, had on the said fifteenth day of Septem- ber, 1849, between the said Wm. H. Thompsoa, ind the said Samuel Drury, and the making the intment, and some time prior to the kee; and sing, they are bound to get a conviction, id : Wilkes to save his reputation, and Thompson to | inf the said appointment by the said Wm. H. save his liberty. Néw, sit, my motive in wriung | Thompson, es after mentioned, he, the said Wm. te you is, because | cannot get an answer from | Hl. Thompson, communicated to the plaintiff the y fact of the making such appointment, and the na- Mr, Mckeon as yet, or A. L. Jordon, 1 wrote to them egain last Sunday, begging them not to bring Drury to trial until they had seen me, as it is their | duty to do, in justice to the man, and also the community. There are twe persons who call themeelves friends of mine, who undertook to see | Thompson, that when the time for the keep but I fear to trastthem, as | S#id appointment arrived, the plaintiff would canse and procure a manor men to be stationed at or fear from near the spot where the said Wm. H. Thompson, had so, as aforessid, falsely represented that the said property was deposited or concealed, and that the presence of the man or men so stationed, should serve as an excuse to be by the said W. H. Thompson, falsely alleged to the said Samuel er, for not delivering to him the ‘operty, and the plaintiff, and the hompeon then and there further agreed that prior to the keeping of the said ture and time of the Keeping thereof; and that then, thereupon it was before the time of keeping the said appointment as after mentioned, oo by and between the plaintiff and the said Wm. H. ving of rz about this matter, know Wilkes has got a great deal to me, and he has, no doubt, heard of the step I have taken in this matter; therefore he has been the cause of McKeon pot paying any atteation to my affidavit or my letters, ite is Well aware, and 0 ie Thompeon, that if 1 come to the city their case is damned, and also one or both of themselves. | fear, sir, you have been kept ignorant of this matter, and the parties who were authorized to see you on my account have gone to Wilkes instead, and he end Warner will endeavor to get Mr MeKeon so bring the trial on immediately, for fear Spreintwent, the plaintifis and the said Wm. I should come on and foil them. Ia fact, sir, Thompeon, or one of them, should make should net be surprised if even now the trial is @!f@ngemeuts for, and provide for the time, or cing on, While | am writing; but God forbid. Shovt the time of the keeping the said ap- nd new, sit, if you feel any interest in thie matter, Peltment to have ready a supper in a private room, in @ house known as the “Five Mile House,” and the trial has not been, [ trast you will postpone the trial until you have seen me; and let me beg fitwale on the Harlem road, in the county of New of you, sir, to come immediately upon receipt of York; and that when and if the said Samuel Drury this, or send me an answer, stating your inteat.ou the younger kept the said appointment with the and also whether or not you have had any com $24, Wm. H. Tompson, he, the said Wm. ion with any person respecting me and th H. Thompson should induce and persuade the I remain, sir, yours ctfully, seid Samuel Drory the younger to accom- H. Wansuntox, pany hit, the said Wm. H. Thompson, to the rwiee W. Danuinetor suid house, known as the Five Mile House, and This letter, M you see fit, I am willing should be bliehed in every paper in New York, or the 5 = long to face my brother conspirators, when arrived there, the said Wm. H. Tho m was to inquire for refreshments or oysters; the persen having for the time Spee the charge of the said house, was to be previously instructed by the plaintifi orthe ead Wm. H. Thompson, to answer that he had no oysters, but that he had @ supper et jadgment t the said 4 agains and that rs prepered, and laid in a private room, and invite the a “Where, wine Said Wm. HL. “Thompson and Samuel Drury the oungerto partake thereof, and that the said Wm 1. Thompson should induce and persuade the said Semur) Lrory the younger to enter with him, the said Wm FH. Thompson, into the said private room; and that prior to and while the said Samuel Drury the younrer and the said Wm. H. Thom fon were in said private room, the plaintiff would eause and procure one OF More person of persona, + be co stationed near the said room, as to be able Jno. Gaanam, Plaintiff's Attorney City and County of New York, 9 —George Witkes, the abovenamed plaintifl, being duly eworn, says that he has heard read the f " @ompiaint, and knows the contents the ad that the came is true of his own knowlec &e to the matiers therein stated to be on hi formacon or belief, and that as to those matters he sud hear all that transpired in the said last believes it to be true Gro. Wines Mentioned room; and 4 C wiiened roomy; that th id Wm. t Sworn before me. April 20th, 1650 | Thompson, when he anc the said avel Drety the D. B. Brows, Commissioner of Deeds younger, Were so together, and alone in the said mits Foom, should elicit, or preten DANT'S ANSWER | seid Samwet Dru Court of Common as for the City and County | he wes ‘he radieitual” The" of New York pede at the house of the Varner, in George Wilkes against James Gordon Bennett — {and that he delivered ‘The defendant not admitting, but denying, shat the same, well knowing the nature and contents this court has any jurisdict ting, thereof, and by and with the privity and at the bat denying, that (bis court has acquired any of the enid Sarvel dietion in this action, and reserving to himself he Tight hereafter to object to the jariediction ofthis court in this ection, and that thie court his ho right to give a judgment in this action; and also, that the coreplaint does not etate fnete euf- Gerent to constitute a cause of action—foranswer to the complaint—subject to sach denial and reserva. ioe, on information and belief, says, that whetheroa or about the 17th day ef April, 1850, or when, ifever there was published in the newspaper, in the eom- plaint mentioned, any libel Cm ge | the plain- regnes! defecdant answering subject to such denial and Drary, and the reservation sforesaid, on information and be- lief, eaye, that after the last mentioned pgrec- ment Between the exid Wm H Thompson and the plaiwtifl, end before the time for keeping of said appointment, he, the plaintiff, « vel, or eaused to be employed, twe men, Whose naies are to the defendant unknown, to stand at or about the time of keeping the said eppointment, at or near the | spot where the skid Win. H. Thompson had so ag | aforesaid falsely represented that the said pretend. fifi, or whether the alleged libel ia complaint ed property was de; hs t 8 deposited or concealed; i forth, and as therein set forth libel, ot a | about the time for keeping said appoint: at the | bel concerning the pluintif the defead- twomen so employed by the procurement of the e uf, were Matloned &t or aear the said apot, he plaintiff, before the ume of keeping the il appointment, also procured one Horace H Jobneon to stand at or near the said se called the Five Mile House, in such a position as to beabe ant is advised and be mixed question of law and fact, and, therefore, whether the said al leged libel, in the comp) sint set forth, and ae therein set forth, is a dibet, or a lihel 1 i i. tiff, he denice any knowkedge areal, Te sole ph sufficient to form a belief; and the defendant, eab- | to hearand se¢ all that transpired in a certain jret to such denial end rerervation a afore and | ii aid house before tad cher mentioned, a “und on information and belief, sileges it w he and | about the time of the keeping the said appointment, to be the fact, that at the time of the put no Of | and at or about the time of keeping the said appoint the raid alleged libel in the complaiat set “th. aod | ment, the | Horace H. Johnson was, by the pr for « long time prior therew, the p iw wea | eet © dpe » i tboee the daad the editor, of the reputed editor, of a newspaper) =! curement of the plaintiff, stationed ator near the eaid | r tiff, before the ume of kerpi person or the said house called the Five Mile House, to have @ caeet ready and prepared at or avout the time for | three Palton street aforesaid, and dary not at that | hones, and in uch * position as to be able wo hear | bere nid house befoie and after mentioned; and the plain- eheat pe tment, | gave, orprocured to ven, directions to some | i rson then Miving the charge of the | eeping the said appointinent, in a private room in said house, and that if any gentlemen, at or bout the time of keeping the said appomtment, came there and inquired for refreshments or for oysters, the person so directed, or the person then having charge of the said house, was to answer that there was a supper ready in @ private room in said house, and to ipvite them, the persoms s0 making such inquiry, to partake of the said supper in the said room ; and the said Wm. H. ‘homp- ton and the said Samuel Drury the younger met at or about the time and place sinsatte, and the said Witliam H. Thompson then falsely, and in pursu- ance of his previous egreement with the plaintiff, represented to the i Samuel Drury the younger that in consequence of the presence of the two men so stationed by the plaintiff, as aforesaid, at or near the spot where the said William H. Thompson had 80 us aforesaid falsely stated that the said pretended ey rty was deposited or coneealed, he, the said illiam H. Thompson, was unable and prevented from delivering to the said Samuel Drury the younger the 'y so deposited or concealed ; and the said William H. Thompson then and there induced and persuaded the said Samuel Drury the ounger to accompany him, the said William H. ‘hompeon, to the said house called the Five Mile House, and when there the said Wm. H. Thompson inquired ofthe person then in charge of the said house for oysters, and the said person in charge of the said house then and there, and in pursuance of the said directions so given as aforesaid, then stated to the said William, ‘Thompson that he had no oysters, but that he had ready prepared @ supper in a private room, and invited the said William H. Thompsoo and the said Samuel Drnry the younger to partake of the said supper in the said room, and then ead thereupon the said William H. Thompeon did in- duce and persuade the said Samuel Drury the younger te enter with him into the said room ; and ufierward, and while the said William H. Thomp- son and Samuel Drury the younger were in the said room and alone together, he, the said William H. Thompson, in pursuance of his said previous agreement with the plaintif!, did elicit or pretend to elicit from the the said Semuel Drury the younger a declaration or u pretended declaration that he, the said Samuel Drury the founset, delivered the said torpedo at the said house of the said Thomas Warmer, as and in manner aforesaid, all of which actings, sayings, ard doings of the said William H. Thompson, Samuel Drury the yourger, and Horace H. Johnson, in connection with the said eppointment, and the circumstances con- nected therewith, were afterwards, and before the thirteenth day of November, 1849, commu- nicated by the said William H. Thompson and the said Horace H. Johnson to the plaintiff; and afterwards, and betore the thirteenth day of November, 1849, the plaintiffia further pursuance and execution of the said pak formed by him for the purpose and intent aforesaid, employed and caused the said William H. Thompson to proceed from the city of » Y to the city of Boston, in the State of Massach’ ts, and then and there, and as the agent und employee, and pursuant to the directions of the plaintill, engaged Cpa nhl cured one William H. Darlington to come from Boston, afore , tothe city of New York, to aid the plaintiff, with the Villiam H. Thompson. in the carrying out his the plaintiff's said plan, and when the said William H. Darlington arrived at the city of New York, the plaintiff made a eommu- nication to him the said Wiiliam H. Dartington, respecting his, the plaintifi’s said plan, but what communication the defendant does not know, and cennot set forth us to his belief or otherwise, ex- cept that in the result, the said William H. Dar- lington agreed to aid and assist the plaintiff in his saidplan. And the defendant, answering subject to such denial and reservation as aforesaid, and on information and belief, says, that on or about, or before the time when the seid William H. Darling- ton arrived at the city of New York, as aforesaid, namely, on or about the tenth day of November, 2849, a certain company or corperation known as the * Union Wharf Company,” were, or then re- been robbed of money and other pro- rge or some amount, and after the said fore the thirteenth day of Novem- 9, the plaintiff, in further pursuance and execution of his said plan, agreed with the said William H. Thompson and William H. Darling- ton, that he the svid William H. Thompson, should ve another interview with the said Samuel Dru- id then falsely represent to him that the said iiam H. Darlington was then in the city of Brooklyn, in the county of Kings, in the State of New York, and had in his posseesion a greut por- tion, or some of the proceeds, of the said robbery, and thet the said Samuel Drury might make great Sains and profits by purchasing such proceeds of the said William H. Darlington, or make some other false representation to the said Samuel Dru- BA to induce himto meet the said William H. hom and the said William H. Darlington at Brooklyn, aforesaid, and that the saig Widham H. Thompson or the said William Darlington should hire and engage one or more rooms in a houre in Brookiva aforesaid, which said room or rooms the eaid William H. ‘Thompson and William H. Darlington, or one of them, should falsely re- present to.the said Semuel Drury to be the resi- dence of the said William H. Darlington, and that the seid William H. Thompson should, in order to induce the said Samuel Drury to enter said room or room falsely represent to him that the said 1. Darlington darednot, at or about that ow his face” ublic, on account of his connection with the said robbery, and that to give a color to such fale representation, and to e¢ the same appear to be true, he, the plainti would insert, or cause to be inserted, in a certa yee —— in the city of New York, called the Morning Star, @ false statement to the tenor and eflect, that the said Wm. H. Darling- ton had arrived in the city of New York, witha large amount of “sweg,” thereby meaning the proceeds of the suid robbery ; and that the officers, meaning the police authorities, were on the look oat for him ; and that before the said Samuel Drury entered the said room or rooms, the plaintiff was to procure some person or persons, to be concealed in A room or epertment adjoining said room, #0 to he represented as the hiding piace, and place of abode of the ssid Wm. H. Darlington, so the Tson or persons, #0 concevled might and should eur wll thet transpired between the said Wm. H. Darlington, Wm. H. Thompson, and Semuel Drury, in the said room ; and that when the eaid Wm. H. Thompeen, Wm. H. Darlington, and Samuel Dra were together, in the eaid room, the said Wm Thompeon, and Wm. IH. Darlington should elicit or pretend to elicit from the said Samuel Drury, a de- claration, or a pretended declaration, that the said sreeee was mate by him or by his direction, andsent by him in manner and form as aforesaid, and after. wards, and some time prior to the thirteenth day of November, 1849. In pursuance of said agreement, the said Wm. H. Thompson hired a room or rooms at number twenty-three Fulton street, Brooklyn, aforeseid, and on or about the twelfth day of N. vember, 1849, the said Wm. H. Thompson bad interview with the said Samuel Drury, and th eee to meet the said Samuel Drury on the following day, at Brooklyn, aforesaid, and the said William H. Thompson, afterwards, and before the time for ng oy at communicated to the plaintiff the fact of the making such appoiat- ment and the time when it was to be kept ; and af- terwards, and before the time for keeping sach ap- pointment, and at or about the time for the keeping thereof, plaintiff procured certain persons, by neme Wilham Q. Jenkins and Dominic Crassous, to conceal themselves in a room or apartment in the house namber twenty three Fulton street, Brooklyn, |, and afterwards procured the said William ion to eccupy the room adjoining that, in which the said William ©. Jenkins and Domi- nic Crassous were so concealed, and did procure’to be inserted in the number of the said newspaper, called the Morning Star, under date of the thir- teenth day of November, 1349, an article in the words and figures “ On Tire neN—The ton, alias Bristol Bill, t is = ous burglar, Bill Dart » been a subject of meh secret police interest of late, and his movements have most partienlarly engrossed that portion of the department known as the “The Shadows.” It seems, however, that Bill isa pretty good sha- dow himeelf, for he has eluded the indefatigables, and not only remains master of his movement, but master also of ey ee of cash, which are supposed to be the availe of the late professional enterprises of moment. It ia romored that Bill is gone to California, perhape the question may be selved by @ return of the mail ;” which said ar- ticle, end the matters therein contained, were false, and were published, of procured to be pub- liebed, by the plaintifi, to wid the carrying out of hie enid plan, and to deceive and mislead the seid Gemuel Drery, and in pursuaner and execn- ton ofthe agreement theretofore entered into by the said William H. Thompson, William H. Dar- lington, aad the plaiatiff ; and the said William H. Thompson and the seid Samuel! Drury did, on the thirteenth day of November, 1849, meet at Brook- lyn nicreeue, purroant to the said appointment ; aud the said William H. Thompeon then and there, inorder to induce the ead Samuel Drury to go | with him, the eaid William: H. Thompson, to the oid room in the house number twenty-three Ful- | ton street aforesaid, did then aad there, and in pure | svance of the aid agreement, falsely represent to the eeid Sarmvel Drery, thet the ead Wm. H. Dar lington wae residing aad hiding at a umber twenty- to say time chow humeeli in public, and that u,° eaid Wil- | convict, or couse end seeall that transpired in a certain room in the | son, then and there, by means of such false repre- | and agreement, use the mean’ sentations purpose er by some representations and for the foresaid, induced and persuaded the said Samuel Drury to accompany him, id William H. Thompson, to the said house number twenty- three Fulton street aforesaid, end to the eaid room wherein was the said William H. Darlington, and when the said Samuel Drury and Willian H. ‘Thompeon reached the said house and the said last mentioned reom, the said William H. Darlington pipet pretended bw the eo oom i. his place of residence ; an e Bal illiam H, ‘Thompson and William H. Darlington did then and there, by feleely represen to the said Samuel Drury that they, the said William H, Thompson and William H. lingion, intended sending to the said Thomas ‘Warner a box of combustible material called a torpedo, elicit, or pretend to elicit, from the said Samuel Drury, a declaration, or pretended deelara- tion, that he, the said Samuel Drury, made or eased to be made and delivered, the said torpedo, £0 as aforesaid delivered at the house of the sai Thomas Warner, or some declaration ; and the said William H. ‘Thompson then and there, for the id, made another appointment to meet the said Samuel Drury at Brooklyn aforesaid, on the following gay the fourteenth day of Novem- ber, 1849, at nine of the clock in the forenoon, all or some of which actings, sayin, and doings of the said ‘Wm. H.Thompon, rlington and Samuel Drury, severally and respectively, were communica- tedtache ‘intiff by the said Wm. H. Thompeon and William H. Darlington, or one of them, and the plaintiff afterwards, and on or about the same thir- teenth day of November, 1849, applied to, and ob- tained from, one Jeremiah Lothrop, then being and acting as a police justice in the city of New York, a warrant or warrants for the arrest of the said Samuel ey ath and Samuel Drury the younger, sou on the following sixteenth day of November, ; 1849, the plaintiff, n company with certain police officers, named Alexander M. C. Smith, Willian: O. Jenkins, and Dominic Crassous, went t6 Brook- ae aforesaid, with the said warrant or warrants, for the purpose of arresting the said Samuel Drury, on said werrant or warrants, if he should keep his said appointment with the said Wm. H. Thompson; end the said Samuel Dears at keep his said appoint- ment with the said Wm. H. Thompson, and at or ebout the ime appointed ; and soon after, and onthe same day, the plaintiff, and the said Alexander M. C. Smith, Willam ©. Jenkins, and Dominic Cras- sous, arrested the said Samuel Drury, on the said warrent or warrants. And on the same sixteenth dey of November, 1849, the plaintiff, accompanied by the said Alexander M. C. Smith, Willian O. Jenkine, and Dominic Crassous, went to Astoria, in the county of Queens, in the State of New York, end then and there arrested, on thesaid warrant or warrants, the said Samuel Drury the younger; and afterwards, and on the twentieth day of No- vember, 1849, the Grand Jury for the city and coun- ty of New York, duly empanneled and sworn, came into the Court of General Sessions of the city and county of New York, and then and there, in due form of law, presented a true bill of indict- ment against the said Samuel Drury and Samuel Drury the younger, for the said offence or offences ot making, sending and delivering the said torpedo, in manner and with the intent aforesaid; and the said indictment was afterwards removed into the Court of Oyer and Terminer of the city and county of New York, and on the twenty-ninth day of January, 1860, the trial of the said Samuel Drury, on the suid indictment, was commenced before the Honorable John Worth Edmonds, a justice of the Supreme Court of the State of New York, and Jonas F. Geneklin and George H. Franklin, two of the Aldermen of the city of New York, at a Court of Oyer and Terminer, held at the City Hall of the city of New York, and the said trial was continued. by adjeurnment from day to di from the sai twenty-agh day of January, 1850, until the third day of February, 1850, when the jury empanneled to try the said Samuel Drury, declared themselves unable to agree upon a verdict, and were, by the order of the Court before which the said trial was had, discharged, without rendering any verdict. And the defendant further answering, subject to such denial and reservation es aforesaid, and on information and belief, says, that the conspiring and agreeing, and the conspiracy, and the several acts, sayings and doings relating thereto, herein- before set forth, and in manner hereinbefore tet forth and alleged, is and are the conspiri: end the conspiracy referred to, and meant ani intended by the said alleged libel. And the de- fendant enswering, subject to such denial and reservation as aforesaid, and on information and belief, says, that on or oe to the third day of May, 1849, the said William H. Thompson made or caused to be made a certein box, and placed therein certain combustible materials, and 80 arranged and contrived the said box and the said materials, that the opening of the said box would cause the said materials to explode, and endanger the life of the persone opening, or present at the open- ing of said box, and who were unacquainted with & then and since known as and called a torpedo ; and the said Wm. H. Thom on the said third day of May, 1849, engaged and employed the said Samuel Drury the yonnges to deliver the said torpedo at the said house of the said Thomas Warner; and the said Samael Drury the younger, not knowii the contents or nature thereof, ‘tid, on the sai third day of May, 1849, deliver the said torped hi id house of the said Thomas Warner; and afterwards and on the fourth day of May, 1849, the said torpedo exploded in the said house of the said Thomas Werner; and then, thereby, put in danger the life of the said Thomas Warner, and the life of Eleanor, the wife ot the said Thomas Warmer, and that of George W. Warner, a son of the said Thomas Warner; and the defendant says, thet the contriving, making, sending, and + livering of the said torpedo, was, at the time when the same was so made, sent, delivered a <a — has ever since an nding rendered the party or parties making, sending and delivering, or sending or delivering, the same, li to be arrested and tried therefor ‘ts for a criminal offence; or the m sending, or delivery of the said torpedo, was, during all the time last aforesaid, & criminal offence punishable by law; and de- fendant still sougedng subject to such denial and reservation as aforesaid, and on information and belief, says that after the said torpedo had ex- ploded as aforesnid, and before the publication of the said alleged libel, all and singular the premises being known to the plaintifl, and the said Win. H. epee and W. H. Darlington, yet the said ‘Wm. H. Thompson did with the plaintiff conspire to accuse and convict, or cause and procure to be accused and convicted, or falsely to accuse and convict, or cause and procure to be falsely accused and convicted, the said Samuel Drury,with having contrived, made, and sent the said torpedo to the said Thomas Warner, with the intent to kill or in- jure the said Thomas Warner and_his family, or some or one of them; and the said Samuel Drury the younger, with having delivered the said tor- pedo at the house of the said Thomas Warner, with the intent and for the purpose aforesaid; and that the said Samuel Drury the younger, at the time he delivered the same, knew mature, con- tents, and intent cf the Seating, sending, and de- livery of the said torpedo; and the said William H. Thompeon with the plaintiff so conspiring, and agreeing to accuse and convict, or cause to fe ag. cused and convicted, or falsely to necuse and eon- vict, or cause to be falsely accused and convicted, the said Samuel Drury, and Samuel Drury the younger, of the said offence or offences, did, before the publication of the said alleged libel, knowingly as aforesaid, with the plaintifl conspire and ee, that the said Wm. H. TI and pleinuft should, by the several means and in manner, and under the circumstances and eondi- tions, and with the knowledge hereinbefore set forth, do the several acts, and make the several fulse representations and pretences hereinbefore set forth, in order to obtein from the said Samuel Drury the younger, a declaration, or a pretended declara- tion, of having delivered the said do, in manner said, in order to accuse and convict him, or cause and procure him to be accused and convicted thereof, or falsely to eceuse and convict him, or eause and Foo him to be falsely accused and convicted nd did severally and respec- beaten in _—- ¢ such conspiracy and agree- ment, use the several means, do the several acti and make the several false re nnd tences ere set fort manner hereinbefore set forth and alleged, and the said Wm. Ii. Thompeon, with the a £0 Com spiting and egrecing, with the inteat and in man- ner aforesaid, did, before the publication of the aaid alleged libel, and knowingly, as atoresaid, con- spire and egree to engage and procure the personal aid, assistance and connivance of the said William i. ‘Darlington, in the manner aad for the purposes hereinbefore set forth, and as hereinbefore set forth, and did, in pursuance of auch cooeptracy and agreement, engage and procure the personal aid, aesistence and connivance of the said William H. pene, in the manner and for the parposre hereinbefore set forth, and as hereinbefore set forth; and afterwards, and before the pubheation of the suid aPleged libel, and with the knowledge afore. seid, the said Win IL Thomperon, with the said Wm. H. Darlington and the plaintiff, did further conspire and agree to accuse and convict, or eause to be aceveed and convicted, orto falsely «couse and pee to be falaely aceased end convicted, the aaid Samuel Drary rt the said Semuel Drury the younger, of the said offence or offences, and in pursuance of such conspiracy and agreement, did conspire and agree that the suid mH Thompson, Wm. H. Darlington and the plaimifi, by the several means, and ia the manner, nd under the circumstances hereinbefore set forth | as hereinbefore set forth, should do the severa ects, aod inake the several falee representations ond pretences heten before eet forth, in order to ob Nom FH. Darlington had in bie possession, or under bis control, a large emovot or some of the , toceeds (the eaid rebbery, and in confirmation of sach | v.eot, produced and showed to the said Gum | wel Drory the leet mentioned newepaper, cated he Ale ning Stor, dated the thirteenth day of Now | vember, 149, ond the article therein and hereine re eet forth ; end the seid Williem H. Thomp- tain frem the seid Somme! Drury a decliration, or apretended decloration, of having made and corm the said torpedo in manner aforesaid, and in order to fer vee and convict him, or caose and procure him to be eecuecd end convicted, of frleely to aceuse end convict him, or eevee and proenre him to be falsely aceieed end convicted thereof; and ded, severally andl respectively, in pureuance of such conspiracy the construction of said box, which said box was, is, and do the several make the several false re and nces hereinbefore set forth, and as here- inbefore set forth and Hlleged; and, further, that the plaintiff, before the publication of the said al- leged libel, and with the knowledge aforesaid, did conspire and agree with the said Wm. H. Thomp- son and the snid William H. Darlington, and each of them, to use the several means and do the seve- ral acts, and make the several false representations hereinbefore set forth and alleged, and as herein- before set forth in manner aforesaid, and with the several intents aforesaid, or some or one of them, and did, in pursuance of such conspiracy and agree- ment, use the several means, do the several acts, and make the several false representations and pretences hereinbefore set forth and alleged, in manner, and as hereintobefore set forth and al and with the several inteate aforesaid, or some or one of them; or, further, that the plaintiff, before the publication of the said alleged lil did, with the said Wm. IH. Thompson and Wm. H. Darli ton, or with the said W. H. Thompson and W. H. Darlington, and some other person, tothe defendant unknown, conspire and agree to do the several acts, and make the several false representations herein- before set forth and alleged, and as hereinbefore set forth, in manner aforesaid, and with the several intents aforesaid, or some or one of them, and did, in pursuance of such conspiracy and agree- ment, use the several means, do the several acts, and make the several false repeenenetans herein- before set forth, and as hereinbefore set forth, and with the several intents aforesaid, or some or one of them. And the defendant further answer- ing, subject to such denial and reservation as aforesaid, and on information and belief, says, that the said alleged libel if, and so far as the same or any part thereof, if at all refers to or is of and concerning the plaintiff is true; and the defendant further answering subject to such denial and reser- vation as aforesaid, says, that on the third day of May, 1849, and from thence until at and after the time of the-publication of the said alleged libel, he the defendant, was the proprietor, editor and pub- lisher of the said newspaper called the New York Herald ; and the defendant on information and be- lief, says, that during all the time last aforesaid the plaintiff was the editor of the said newspaper called the National Police Gazette, and during the time last aforesaid the said Samuel Drary and Samuel Drury the younger, and certain persons named bert McCerran, George F. Case, Joseph C. Ashley. and James Arlington Bennet, of the pene cals Mormon Bennet, were severally and respectively charged with the commission of criminal offences within the State of New York; and the defendant had, during the time last aforesaid, published in the said newspaper called the New York Herald statements of and concerning the said several charges wherewith the said Samuel | and Samuel Drury the younger, and the said Kobert McCerran, George F. Case, Joseph C. Ashley, and James Arlington Bennet, were so charged, an: of and concerning the said Samuel Drury, Samuel Drury the younger, Robert McCerran, George, F. Case, Joseph C. Ashley, and James Arling. ton Bennet; and had also published in the said newspeper called the New York Herald, comments upon the said charges wherewith the said several persons last aforesaid were so charged, and upon the said persons their acts and characters respec- tively; and further that before the 5th day of Janu- ary, 1850, the said Samuel Drury had been thrice dicted for the said offence of making and sending the said torpedo, as aforesaid, and during all the time last aforesaid, and on or about the several days and times hereafter mentioned, the plaintiff, with the intent and meaning, and for the purposes after mentioned, published in the said newspaper ealled the National Poltee Gazette, concerning the defendant, and of and concerning the said newspa- per called the New York Herald, and of and con- cerning the defendant as the editor of the said newspaper called the New York Herald, and of and concerning the said Samuel Drury and the said Samuel Drury the younger, and of and concerning the said alleged offence or offences, of making, sending, and delivering the said torpedo as afore- said, wherewith the said Samuel Drury and Sam- uel Drury the younger, were as aforesaid charged, and of and concerning the several matters, per- sons, and things aforesaid, the false and defamato- ry matter hereafter set forth, and the several state- ments and allegations hereinafter set forth, and during all the time last aforesaid the plaintitf was accustomed to and did describe the said Sam’!. Dru- Yy by the several epithets, ‘the powder fiend,” and “ the fiend incarnate ;” and by the words the pow- der fiend, or the fiend inearnate, when used by the plaintiff, was meant and understood the sail m- uel Drury; and during all the time last aforesaid, the plaintiff was accustomed to and did describe the defendant as “the Herald, and the ally of cnme;” and by the words ‘*the Herald,” or ‘the ally of crime,” when used by the plaintiff was meant and understood the defendant; and during all the time last aforesaid, the plaintiff was accus- tomed to und did use ironical language conceraing the defendant and the said new: r, called the New York Herald, and particularl used the word influence, to describe a want of influence; and the word influence, as used by the plaintiff, was meant and understood want of influence; and in the said r, called the National Police Gazette, of te of the fifth day of January, 1850, the plaintiff — therein and of an aor mmapy the said Sarnuel Drury, and the several matters an things aforesaid, the words following, that is to say: “The powder fiend (thereby meaning the said Samuel Drury) therefore will & before the resent grand jury with strengthened testimony of is guilt, (meaning the said Samuel Drury was guilty of the said offence of sen the said tor- pedo wherewith he was charged as al id,) and we (the plaintiff meaning) shall have the satisfac- tion pane | him (the suid Samuel a otfence.* seg end o aete, and a for the fourth time for ,”” (meaning the said offence of making and sending the said tot ) And inthe said news paper called the itronal Police Gazette, of the date of the 12th day of January, 1850, the plaintiif published of and concerning the said Samuel Dru- ty, and of and concerni said where- with he was so charged as aforesaid, the words following, that is to say: ** Samuel Drury, (mean- ing the said Samuel ry) known to our (mean- ing the plaintiffs) readers for his (meaning the id Samuel Drury’s) terrible attempt (meaning the making and sending the said torpedo) on Mr. War- ner’s (meaning the said Thomas Me Gogg) life.” And in the said newspaper called the Nattoaal Police Gazette, of the date of the 19th day of Jan- uary, 1850, the plaintiff published of and concern- ing the said Samuel Drury, and of and cencerning the saig oflence wherewith he was so charged as aforesaid, the words fellowing, that is to say: “« We (the plaintif] meaning) have put the powder fiend (the said Samuel Drary meaning) on the full powers of his invention, until we (the plaintifl meaning) get him (the said Samuel Drury meaning) convicted.” And in the said newspaper called 1 pgp | Feed bg ge ay = or yee jay of February, intiff published of and concerning Meeat Sandel Drury and of and concerning the said offence wherewith he was charged as last aforesaid, the words following, that is to say: **No fair mind can reject the concla- sion of the jsoner’s (the said Samuel Drury meaning) guilt (mea: of making and vending” Me faid torpe jas areal Aad in the said news; r, called the ational Police oye of ba ad = the wr oe of Feb- ruary, ), the plainti ished, - ing the faery Am dof and cerning e said Samuel Drury, an: concerni the said offence of making and sending the torpedo, the words fellowing, that is to say: “ We (the plaintiff meaning) have shown by ¢ e ire Tefraga nd by a majority verdict too, that Dru. pa (me ng the said Samuel Drury,) is a_ being tter for hell than earth.” And the plaintiff then thereby pgs Sy intending to cause it to be be- lieved, or to and ben gs that he, defen- dent, had received, or expected to receive, a bribe from the said Samuel Drury, for the purpose of and for Freee ns Ta and F poche statements and re- ports concerning the said Samuel Drury and the said offence of Tt and sending the said torpedo ; and that he, the defendant, took an undue interest in the said Samuel Drury and in obtaining his ac- quittal of the said offence of making and send the said torpedo ; and that the defendant was, an: was generally regarded, as of abase character; and that the seid defendant was characterised by hase. ness: and that the defendant was connected with and formed part of a gang or confederation of wicked and jawlees persons, and aided and such persons in the commission of unlawful acts, and in escaping the conviction and punishment due their unlawful acts—did publish in the said news. paper, called the National Police Gazette, dated the 2th day of January, 1850, and of and concern- ing the said newspaper called The New York Hrraid, and of and concerning the defendant as the editor thereof, and of and concerning the persons, maiters and things aforesaid, the false and defama- tory words following, that is to say: “ The ally, (the defendant meaning) of crime, Mormon Ben- net, (meaning one James Arlington Bennet,) and Gordon Bennett (the defendant meanin, grouitg =The influence of the Herald (meaniny the said newspaper called The New Vork Herald, o| which the defemdant was then the editor) Drury’s (the said Samuel Drury meaning) counte Money at length begin to work. E) dollars will are, in yt eyes, rr ea to ® scoundrel ; and if that eighty t be directed by # daring and an active mind it may secure many Chempions, who will supply to wicked- nees the wont of tnends Drury’s (the said Samuel Drury meaning) eighty thousend dollars has al- reedy seenred him (the said Samucl Drury mean- ing) meny fiiends He (the said Samuel Drury Meaning) holds « continue! levee in his cell, of constables, black mail reporters, and false witneas- es. while outside, despite the awfol and demoniac character of hie crimes, he has seeared advocates and defenders even among the prees. These mer. cenary henchmen of a fiend incarnate (the eaid Semvel Drury meaning) do not, however, evince their adhesion to his canse by angaments jo hie favor, but ingeniously fulfil their employment by as seults epon the proseeution, unworthy motives and unworthy praetiee who have assumed the Fronts task of him (the said Samuel Drury Bessing) to The Herald, (meaning the with characteristic Bipesene, goes (meaning two newspapers fore mentioned the plaintifi) both, aed vee itself (the said fendant meaning) up ly and soul to the Drury trowpe, (thereby then and there certain persons named James Ari and the said Samuel Drury and Samuel younger, who were, or were then, and oe alleged by the plaintiff to be persons of wie unlawful life, and under indictment for e offences.) The motive of the Herald (the said de- fendant presi) in entering into the defence of Drury, (the said S. Drury meaning,) Ashley, and Case, (meaning two persons tively, named Ashley and Case, then under i jictment for erim- inal cheese) ct id genus omnes, (meaning, im the English language, and all of that kind,) te mot se creditable Spas by, meaning that it was discredit~ able) as that which leads him (the defendant mean- ing? to the battalia of the general. * We (the plaintiff meaning) next encountered the “influence of the Herald,” meaning the said news- per called the New York Herald, and that the said. jast mentioned newspaper had little, if amy, in- fluence) in the McCerran case, and we new feel its terrible gnash again. In the McCerran oase en ag’ s pecescuticn for a criminal offence, or recently pending ia the Court of General Ses~ sions, in the city and county of New York) it is known how its (ihe said defendant meani “ fluence” was procured and kept, (| Qe the said newspaper and the said defendant from unworthy motives, taken a part in the said last mentioned prosecution, or in some one or more of° the parties connected therewith,) and the almost daily visits of its (the said defendant meaning) re- rter to the cell of Drury Gnoaaing the said» amuel Drury) now entitle us (the tiff mean- ing) to know how, and for what it (the said defend- ant meaning) has been Sagaged in. In thie: case, (meaning the case of the said Samuel y it (meaning the said defendant) is more atrociously employed than ever, and will be more signally de- feated. Through hostility to us, (the plaintif® meaning,) and fondness for old Bennet (meaning James A. Bennet beforenamed) it (the said de- fendant meaning) has been the ully of a band of miscreants whore lives are accursed, and whose villanies have never been exceeded.” And further, and in like manner, and with the like intent, did hpobiish, in the said pennant, ealled the National Police Gazetts, dated the 16th day of Feb. 1850, of and concerning the said newspaper, ea! the New York Herald, and of and eonceraing the defendant, the faise and defamatory words following, that is to say: ‘* They made every bar- room noisome with their filthy breath, proelaimi Drury (meaning the said S. Drury) a perseeute man, or in eflering to bet upon his non-convietion, while the Herald (meaning the defendant) securee to the same heinous interest (meaning the interest of the said Semuel Drury) thandered in the back® ground, and swelled the yelp with echoes of stool: pigeonisg and conspiracy. ‘ow if Drury (meaning the said S. Drary) were not rich and ready, this would be enough to con- vince even the Herald, (meaning that the said Samuel Drury was rich and ready in employing his riches in corrupting the said newspaper called the New York Herald, and had by or with his riches and readiness to ae 8 same to the purpose afore- said, so corrupted the defendant or the said newspa- per called the New York Herald, that the defendant would not be convinced of the guilt ef the said 3. Drury,) apart from his,(the said 5. Drary’s meaning) arson and murder trial ia the old country, and other trials for felony here, that Drury (meaning the said S. Drury) was not altogether a persecuted man, but money is a potent influence with the base,’ (meaning that the defendant was base, and that he had been corruptly influenced by money.) And the defendant further answering subject to such denial and reservation as aforesaid, and on inferma- tion and belief says, that the said alleged libel wae written by the said William H. Darlington to serve the ends Of justice and inform the police and erimina! law officers of the city and county of New York of his, the said William H. Darlingtoa’s know- ledge und information respecting the making, send~ ing, and delivering of the said torpedo, and” of the measures that had been taken and employed by the plaintiff and others to obtain the conviction of the said Samuel Drury, and Samuel Drary the younger, of the said ollences, and as a contradic- tion and reply to the several libellous statemente and misstatements so published by the plaimtiff in manner and as eforesaid, and the defendant so . & a = ‘a Beg: 2 i ) stool pi- | junior, nse and | of the community thousand | fied of their guilt, ctability even | That the plaintiff, usand dollars | mainly to police and, by finputation of | quently thoe of W published the said alleged libel and as an item of public news, and with a view to set before the pub- lie the facts and circumstances connected with the oe sending, and delivering of the said torpe~ do as the same facts end circumstances in trath oc- curred and to inform the public law officers of the city and eounty of New York and the public, of the existence of other and material evidence re- lating to the making, sending, and delivery of the said torpedo, in addition to that which had al- ready been udduced in the course of the trial of the said Samuel Drury, and difiering frem and contradicting the ace spec oe or ments concerning the making, * of the said torpedo theretelone publiehed by the plaintiff, of and concerning the same, and i man- ner and as hereinbefore sei forth, and because the defendant at the time he published the said allegec libel, believed the same so far as the same or any part thereof, ifat all, is of and conceraing the laintiff to be true, he published the said bel and as an item of public news, and not r- wise, or with any malicious or vindictive motive, or for or with any unworthy or it per imtent or motive whatseever,wherefore, and by reason of the premises in the above answer eet forth and con- tained, the defendant, subject to such reservation and denial as aforesaid, and on information and be- lief, says, that the plaintifi ought not by reason of anything on the complaint mentioned and contain- ed,to have or obtain judgment against him the said defendant, because he says that the plaintiff sus- tained no injury by reason of anything in the said pe woo mentioned, and contained, and that he, the defendant ought aot be adju dto mak aay compensation to the plaintiff, as by the e is demanded, or otherwise, howsoever; u defendant demands that the said complaint of the plaintiff may be dismissed, and that the plaintiff may be adjudged to pay him, the defendant, his costs in this behalf expended. Bensamix Gaceraitu, Def'dt’s Att'y. City and County of New York, ss:—Benjamin Galbraith being duly sworn, says that he is the attorney for the deienaant in t! bove entitled ause ; that the facts in this case in the above answer eet forth, are within the knowledge of this deponent, and he hereby sets forth his knowledge on the subject as follows: namely, that his know- ledge is his own personal and individual know- ledge, derived frem having personally investigated the several facts and circumstances in the case, from having inspected the several documents men- tioned and referred toin the above answer, and from having seen and conversed with the whom deponent expects and believes the de- ‘ndant will be able to substantiate such facts, and has derived information from the said witnesses, which induces him to believe that the matters so gy ad true. . ponent says that the above answer is true of his own nowlodge, rived as aforesaid, ex cept as to the matters whi: therein stated te be on information or belief, and as to those mat- ters he believes it to be true. And the reason why this verification is not made by the defendant ic, that the defendant is absent from the State of New York, and from the county where deponent resides at the time of meking this affidavit. B. Garerarrr, Sworn before me, this 13th day of July, 1850, Isaac O. Barker, Commissioner of L ‘ REPLY. George Wilkes against James Gordom Bennett.— George Wilkes, plaintiff, replies to the answer of the defendant, that this Court has perfect jurisdic- tion in this case, and has a perfect righi to give ju it upon it, end that the complaint does set sufficient facts to constitute a cause of action, and denies all the allegations to the contrary in the answer. As to the several matiers alleged in the re to | ae of law and + hot them to be so, ts himself uy othe our “i poa the That the answer from folio two folio fifty (50) inclusive, sets forth facts waisnans not admissible under the code of procedure in }, and to which to seek to compel the plain- tiff to reply, is virtually asking from him a dis- covery under oath, which cannot be had excep: by his personal examination—That the plain does not waive this objection, but distinetly re- serves it for the trial, or any future oceasion when feat ent areca and, subject to this objec- fant or Fr that part of the answer ee sepia Third. —That Samwel Drury and Samuel Drary, were generally suspected of having seat the torpedo box to the house of Thomas ‘arner— that although this su utertained by the police of the city of and a large portion ared to b? eatie- positive clue to it existed— he editor of a paper devoted desire to dlocover the authe neta eed %, 4 ire | ¢ authors of the offence, ai believing honestly that the Drarya he ult parties, resolved, if possible, to evidence against them—That, kaowing the ex- treme difficulty of procuring circumstantial tes- oan [ead how ansatioteetory oftentiraes it wae 0 , even wi Lo character, and feeling evinced thet their ouaee sions could be ob were the guilty tain the requisite lee Were known oF enpposed by them te be eng in it, and e0 likely receive their confidences, he deter- intned vpon trying this mode of prinving theit guilt to light—That for this purpose he firet enlisted the eervices of Willem 4 Thompson, and su see- illam Dartington, aad throagh