Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1839-05-30
From the Otsego Republican.
THE COOPER LIBEL.

The suit brought by Mr. James Fennimore
Cooper against the Editor of the Otsego Re-
publican, for the publication Of an alleged
libel on the Novelist, some two years since,
was tried at the Montgomery County Circuit
on Wednesday last, Judge Willard presiding,
and Terminated in a verdict of S400 for the
plaintiff. The libel ITSELF it will he recol-
ected, consisted solely in our rcpublishing
an article from the Chenongo Telegraph, in
which Mr.. Cooper was handled rather Sc
verely than otherwise, aud which had re-
ference exclusively to dispute which had
sprung up between the plaintiff and his
ncighbors, relative to the occupancy or use
of small strip Of land up the Otsego Lake,
which for years and years had answered the
purpose Of resort for the surrounding villa
gers during the hot summer months. The
intrinsic value Of this piece Of land would
certainly not exceed ten dollars! In repub-
fishing the Chenango article,we accompanied
il with what we deemed at the time, and still
hold TO be, correct version of the matter OF
issue, taking care TO correct such OF the
statements in the former as were at variance
with the facts, and actuated throughout with
the honest and avowed purpose of giving
frank and fearless expose OF an affair, which
already crept into the columns of the news
paper press, aud was then widely circulating
n a distorted, incorrect and exaggerated
form.
For thus assuming a position friendly TO
Mr.. CoOper-for no reasonable man will view
it in any other light-the Novelist commcn-
ccs forthwith suit against us, and pushes II
even to final issue in court Of justice.
TWAS contended on the part Of the defence
in this case, and subsequently admitted by
the Court, that not n particle OF libellous
matter existed in the structures OF the dcfen-
dant, while no justification Of the obnoxious
matter of the Telegraph was set up-thc
whole together indicating upon its face, as
we have before stated, the honest intentions
of the defendant, aud disposition to give to
the public what was repeatedly called for,
fom various and highly respectable quarters,
viz. plain, unvarnished statement Of facts,
without fear, favor, or the hope Of reward.
The Court, however, excluded the entire
testimony of the defence in proof of the facts
stated, as the truth in evidence, it was al.
legged, did not amount to a justification, nor
could be given in mitigation of damages
and instructed the jury accordingly to find a
verdict--and no, simply n verdict, but ere
spectacle" verdict, 1--WE use the precise term
Of the Judge) in favor Of the plaintiff in the
suit, Mr.. James Fenimorc Cooper. To this
decision Of the Judge defendants counsel
took exceptions, and application will be made
TO the Supreme Court of new trial.
The plaintiff summed up the cause himself
in his own behalf and Joshua A. Spencer,
Esq, Of Utica, for the defendant. The
speech OF Mr.. Spencer was acknowledged on
all sides to be one of the most forcible and
oil aH,lroccoc ta tn
Wercgrct that our notes were not sufficiently
full to enable us to lay it before our readers
with degree Of accuracy that would do JUS.
lice to the speaker himself
As this suit mny be deemed still pending
we shall delay our intention, for the present,
pf going into thorough and minute history
Of the whole transaction-from its com
to its close.
The defendant, Mr.. Andrew M. Bar
ber, in the case above alluded to, scrv-
ed regular and faithful apprenticeship
at the printing business with us, and
we can bear testimony Of his uniform
unexccptionable character during that
period.-lIc possesses, so far as we
have ever been able to judge, dispo-
sition totally the reverse of that which
would lead one willully to slandcr or tru-
ducc tho reputation Of any individual
and VIC cannot, therefore, but express
our surprise that Mr.. Cooper should
have felt himself called upon to pursue
him in the way he has thought proper
to do, if he had had the least acquaint-
ance with him. Mr.. B. who is young
man of very respectable talents, is
making every honorable effort and en-
ertion to get along in the world.-Wc
hope, and have no doubt in fact, that
he will succeed, ,--as the industrious
and pcrsevering are pretty generally
enabled TO overcome all ordinary OBJ
staclcs-but such PmiL back as this, in
the very commencement Of life as it
werc,-so unri ghteous and unjust as it
is too lis altogether too bad. At the
next trial, which we trust will be grant
cd, we hope he will find jury that, +,
instead of giving a respectable vcr-
dict" will have more respect for Them
selres than to encourage Mr.. James
Fennimorc Cooper in his pi,ilul war
against the press, by approving the
verdict awarded in the Court below.
The editor Of the N. Y. Commercial
Advertiser, speaking of this case says
" Does it look well for the greatest
libcller Of the whole press of the coun-
try, to say nothing of the country itself,
its people, aud its manners, to be
pouncing upon single press, because
in moment of haste or excitement, the
uckless editor has been guilty of a
technical libel? Let Mr.. Cooper be
brought into the court of public opinion,
aud tried for his own calumnies Of the
press, and the social relations Of his
country, aud four hundred dollar vcr-
diets for each would soon relieve him
of all the profits realised both by him
SCI and his publishers.
We have n proposition 10 make, in
relation to this verdict. To wit, that
rs the editors throughout the country