Van Ingen v. Mail & Express Pub. Co.

• Decision Date: 07 June 1898
• Citation: 156 N.Y. 376,50 N.E. 979
• Parties: VAN INGEN v. MAIL AND EXPRESS PUB. CO.
• Court: New York Court of Appeals Court of Appeals

156 N.Y. 376

50 N.E. 979

VAN INGEN

v.MAIL AND EXPRESS PUB. CO.

Court of Appeals of New York.

June 7, 1898.

Appeal from common pleas of New York city and county, general term.

Action by Edward H. Van Ingen against the Mail and Express Publishing Company. From a judgment of the general term (35 N. Y. Supp. 838) affirming a judgment for plaintiff on the verdict of a jury, and from an order denying a motion for a new trial, defendant appeals. Affirmed.

The action was brought to recover damages for the publication of an alleged libelous article in the Mail and Express on the evening of the 7th day of November, 1892. The article reads as follows:

‘British Gold to Help Cleveland.

‘Democrats and Their English Allies Attempt to Purchase Votes-Americans will Resent the Insult.

‘Not the First Time that the Claimant has Appealed to His Free-Trade Friends across the Sea to Come to His Assistance-The Workingmen will Give Their Answer to This Diabolical Outrage To-Morrow-The Closing Days of a Spirited Campaign.

‘The Cobden Club of England has apparently become tired of trying to influence United States elections in behalf of Democratic free-trade candidates by spending millions of dollars in the campaign here, and the friends of the free-trade Claimant have had to hustle about Great Britain themselves to get the money which English manufacturers are willing to give up to buy votes for their friend Cleveland, and to kill their most hated enemy, McKinley Bill. The account of the raising abroad of a great corruption fund by protection America's enemies and free-trade Cleveland's friends has just been cabled over. The London head of a large New York firm of cloth jobbers is reported as the leader of this movement to get together and send to America nearly half a million of British gold with which to push the cause of the antitariff Democracy and its candidate for the presidency, Cleveland. To him and his representatives the mill owners of Bradford, Huddersfield, and other big manufacturing and woolen jobbing centers, under the representations that only under Cleveland as president could the American market be opened to them, gave freely of their money to help the Claimant's campaign.

‘The Fund Estimated.

‘The Cleveland British fund is estimated by several well-known Americans in England to have amounted in all to about $500,000. The Claimant's friends in London refused to deny to the press that he had raised English money to such an amount to be spent on Cleveland. The money is reported as all here; the Claimant's old secretary and adviser, Dan Lamont, having, it is said, brought a part of it with him on his recent return from abroad, and given it to the Democratic managers a week ago last Wednesday. The balance is understood to have been cabled last week; and, that that time is probably correct, the hurried sending of large sums of money to the West to buy votes for Cleveland last week is satisfactory proof.

‘Republican Managers not Alarmed.

‘The news of the joining of Democratic forces with the free-trade English manufacturers did not dismay the Republican leaders this morning. They expressed themselves as so confident of Harrison's re-election that no foreign interference with the franchise and electorate of our country could prevent the triumphant entrance of the Republican party and its principles into another four years' management of the nation's affairs. The leaders at headquarters, however, spoke in the most unscathing terms of this traitorous alliance of a great political party of America with the nation's bitterest foes, and declared it a fitting climax to the unpatriotic and corrupt campaign of the Democratic party.’

In the course of the trial there were admitted in evidence three different articles published, respectively, on the 7th day of November, 1892, in the Morning Advertiser, the New York Recorder, and the New York Press. The article published in the Morning Advertiser reads as follows:

‘British Gold!-From a Quarter to Half a Million Dollars Raised in London to Help Cleveland-The Money Already Here-E. H. Van Ingen, a New York Merchant, is Said to be at the Head of the Movement-Ochiltree Confirms It-Other Gentlemen also Say English Exporters are Doing All They can for Grover-To Kill the Tariff Bill-English Manufacturers and American Importers Want to Injure Our Industries.

‘(By Cable to the Morning Advertiser.)

‘London, Nov. 6.-It became known here yesterday that an enormous corruption fund had been raised among the English exporters, manufacturers, and merchants who are interested in the removal of the McKinley tariff, and that it had already been forwarded to the Democratic general committee in New York, to be used for the purpose of buying votes, and other dishonorable expedients to bring about the election of Mr. Cleveland. The head of the movement is said to be E. H. Van Ingen, of the New York importing house of E. H. Van Ingen & Co., of 160 Fifth avenue. Mr. Van Ingen, when seen this evening, was very much disturbed. He positively refused to be interviewed on the subject, and just as positively refused to deny the story. Failing to draw Mr. Van Ingen from his reserve, the reporter broached the matter to another gentleman holding a responsible position in the firm, who verified the story, and referred to several well-known Americans in London from whom full information on the matter could be derived. At the same time the gentleman stated that the fund amounted to between $250,000 and $500,000, and was already in the hands of the Democratic committee.

‘Tom Ochiltree Heard of the Fund.

‘Ex-Congressman Ochiltree was also seen, and asked if he knew anything of the matter. ‘I know Van Ingen,’ he said. ‘He is a rich New York cloth manufacturer, and I also know he is at the head of a large fund which has been raised in this country to help in the election of Cleveland. I have reason to believe that the fund amounts to nearly a half a million of dollars, and I am afraid that I must call it a corruption fund, for that is certainly its ultimate destination. I have been thrown frequently in contact with many of the leading manufacturers and the large dealers here who export goods to America, and, notwithstanding that in some instances the duties are almost prohibitive, they still continue to send goods; and, what is more, they try in every instance to make exorbitant profits. The business depression of all kinds here ever since the Baring failure has been something awful to contemplate. Things have been practically dead for some time, and the future is not illumined by a single ray of hope. The average Englishman is not conversant with our system of government, and he believes that the election of Cleveland would mean an instantaneous change in our policy, as is sometimes the case when a change of ministry occurs here, and the immediate repeal of the whole protection system, so that goods could be shipped by the next steamer after election, and large profits would once more gladden his heart, and the hated protection would be abolished. The Englishman is the greatest gambler in the world. He gambles in everything, from continents to baccarat; and I believe every English manufacturer and merchant whose business has been impaired by the McKinley bill will eagerly subscribe his name to the election of Mr. Cleveland as president.’

‘Captain Thompson's Statement.

‘Another gentleman to whom the reporter was referred is Captain Thompson, the London representative of the Equitable Assurance Society, and formerly in command of the steamship Brittannic. He said: ‘Mr. Van Ingen is well known to me, and I know him to be eagerly working for Mr. Cleveland's election, because he thinks that his election would be greatly beneficial to the British manufacturing interests, with which he is closely associated. He is a man who could put his hands deeply into his pockets, because he is very rich, and I have reason to believe he has done so; and I know he has induced a large number of English exporters and manufacturers to do likewise. The feeling among the British business men is entirely in Mr. Cleveland's favor. For instance, John Albert Bright, son of the late John Bright, said to me recently, ‘I hope that Cleveland will be elected, because then I shall get some free ships into America.’'

‘More Proofs of the Scheme.

‘An American merchant doing business in this city, who desires to have his name remain unknown unless his statement is questioned, said: ‘It is very evident that Mr. Van Ingen is making great efforts to bring about Cleveland's election, and that he is raising a large amount of money for that purpose, as he would gain greatly by being enabled to flood the American market with cheap English and continental cloth, to be made into expensive American suits. At present there is not much advantage to be derived in importing even cheap woolen goods into the United States; for the American manufacturer is in a position to compete in that market, thanks to the McKinley tariff.’‘Do you think a corruption fund has been provided by English merchants for Cleveland's election?’ asked the reporter. ‘I am certain of it. In fact, I have reason to believe that it has existed for some time, although the English importers are naturally extremely reticent on the subject, lest it should leak out, and prove the means of Cleveland's overthrow instead of his election.’'

The articles published in the other papers are substantially the same as the foregoing. The jury found a verdict for the plaintiff of $4,000.

William Irwin, for appellant.

Walter S. Logan, for respondent.

MARTIN, J. (after stating the facts).

The decision of this case turns upon the question of the admissibility of evidences of the previous publication of articles by the New York morning papers, which mentioned the plaintiff as the guilty party, and who, in the publication by the defendant which related to the same subject, was described as ‘the London head...