A rule to shew cause why an attachment should not issue against the defendant, for a contempt in making a certain publication, was obtained at the last term, on the following affidavits.

James Kitchen made oath, that on the 8th September 1802, Thomas Passmore affixed the paper annexed to his affidavit, (a copy of which hereafter follows,) to a board in the exchange room in the city tavern, and watered the same to the board, in the manner advertisements are usually posted up.

*Andrew Bayard made oath, that the paper annexed r* was wrote by Thomas Passmore ; that the contents of the ^ 439 said paper relate, as the deponent believes, to a suit depending in this court, wherein the said Thomas is plaintiff and Andrew Petit and this deponent are defendants ; that the affidavit taken before John Inskeep, esq. in order to substantiate the exceptions to the report in the said suit is the oath taken by this deponent, to which the said paper refers; and this deponent has no suit, controversy or dispute with the said Thomas Passmore, other than what arises from the said suit depending in this court.

The paper published was in these words: — “The subscriber “publickly declares, that Petit and Bayard of this city, mer- “ chants and quibbling underwriters, has basely kept from me “ the said subscriber for nine months about 500 dollars, and that “ Andrew Bayard, the partner of Andrew Petit, did on the 3d “ or 4th instant go before John Inskeep, esq., alderman, and “swore to that which is not true, by which the said Bayard and “Petit is enabled to keep the subscriber out of his money for “ about three months longer, and the said Bayard has meanly “attempted to prevent others from paying the subscriber about “2500 dollars, but in this mean and dirty action he was disappointed, in; I therefore do publickly declare, that Andrew “ Bayard is a liar, a rascal and a coward, and do offer two and a “ half per cent, to any good person or persons to insure the solvency of the said Bayard and Petit for about four months “from this date. Philadelphia, September 8, 1802. (Signed) “Thomas Passmore.”

The defendant now appearing in court, in pursuance of the rule, the following facts were shewn.

…

Citation profile

How this case has been treated — in progress