Tillotson v. Cheetham
New York Supreme Court
THIS was an action for a libel, published by the defendant, in a paper, called the “ Republican Watch Tower.” After an interlocutory judgment for a want of a plea, a wr^ inquiry of damages was issued, and was executed by the sheriff of the county of Albany, on the 22d day of ^ ^ J October, 1806, at'a circuit court, before Mr. Chief Justice ^ent.
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THIS was an action for a libel, published by the defendant, in a paper, called the “ Republican Watch Tower.” After an interlocutory judgment for a want of a plea, a wr^ inquiry of damages was issued, and was executed by the sheriff of the county of Albany, on the 22d day of ^ ^ J October, 1806, at'a circuit court, before Mr. Chief Justice ^ent. On the assessment of damages, the plaintiff’s counsel produced a newspaper, as the one described in-the decIarati°n, dated the 17th July, 1805, entitled “ Repub/¿can Watch Tower R and offered to read it to the jury, as - .. .. J J containing the libel…
1Opinion of the Court
Kent, Ch. J.
Several reasons are assigned, why the assessment of damages, in this case, ought to be set aside.
1. It is alleged, that the jury were restrained from examining the remaining parts of the paragraph, or the parts of the publication which preceded, and followed the libellous words selected. But this allegation does not appear to be supported. The affidavit, which is the ground of the motion, states, that the counsel for the defendant did read to the jury “ the remaining part of the paragraph containing the libellous u'ords,” and that they drew their inferences “ from the whole…
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