The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-11-13

4
The following article, nom the New YORK sigma,
-, - ,ssd We imagine with interest by those who
have sns sympaihes with the trials and suhenngs Of
literary men Mr. Walter, the gentleman mentioned,
~e know personally and esteem highly His worh
,sl merited double the awarded by the Jury, al
though the full amount which he most modes'y eia'"'
THE cARADORI ALLAN CASE
f,ur readers win remember that we gave minute
nort OF the trial Of this case in the Court OF CON
nan Pleas a few months SINCE and that we theh
cave our opinion with some emphas as TO the true
merits involved in IT, That opinion was strongly IN
favor Of the finding Of the jury, who gave MI alter
ne plaintiff verdict Of $500 against Allan the m'sef-
IL husband OF Madame Caradori-
= We now notice this cause presented TINS week
before the full bench and in doing So shall recaptu
late briefly the facts
Englshman, who long since became naiuralzed
citizen of this Republic, having married and settled
here for life few years ago he went TO reside al
the seat of national government, as dnaee 10 inc
Mexican Legation, at the head OF whch was or
Marine. who was connected by marriage with Mr.
Walter He brings this action against Allan to re-
cover upon a quanfum merEi, for tIanslating from
the Italian into English Donizetts celebrated Opera
az al Esire Amore" and setting the same to music
Il appeared upon the trial that this literary labor was
done accepted by those for whom il was undertaken,
and produced by them at the Park Theatre, In this
CITY, Il also appeared, that long correspondence en-
sued between the parties first OF friendly character
which ended in bad feeling in consequence of Allan
refusing pay any thing for the translation but
Walter was entitled to pay that Walter had limited
the amount to $50 in letter addressed TO Allan
Mr. Bixby, the counsel Of Walter contended, at nsi
prius, that the offer of Walter was forced upon him
by the necessities Of his family in the letter referred
to, he said to Allan, "Were il not for my suffering
family. should not demand pay for the work"
The Jury upon hearing Of the whole case rendered
verdict Of 500 dollars, which Col Sears for the de-
PENDANT TO set aside for new trlal, frst
upon the ground Of excessive damages; second that
the same was rendered contrary to evidence re ceo
authorities to sustain his position. Mr.. Bixby after
citing authorities in support of his client, and canvass
ing the evidence, addressed the Court as follows
"The Court is asked to set aside this verdict Let
me now inquire the reason. Is ii against proofl No
The preponderance is in favor of Walter. Is it be
cause public opinion has pronounced the verdict un-
lust No Perhaps trial that took place in this
Court has been SO universally made public II has
been published on each side of the Atlantic, and in
England has been pronounced honor to the court
that presided, and the jury who rendered II.
Has Walter compromised his rights because he
wrote for loan from the bloated Golfers Of Allan, and
asked if hundred dollars would be too much Is the
appeal he made for bread for his children TO be
strued into legal waiver of his rights l can well
imagine that by torture a man may confess to acts
never committed but know of no mole more cruelty
refined than confessions exored by appeal to a
father for bread by his infants and he without the
means of procuring it, When he finds Allan's heart
closed against him, and knowing no law but self
interest, Mrs. Walter appeals to Madam Allan, urges
their necessities and those of her Infants and concludes
by appealing the humanity that she supposed must
exist In every womans heart But she too is doomed
receive Notifying reply; such one as must prove
that the beautiful Caiadori, however accomplished
upon the stage and however fascinating to audience
is frigd in all the charities OF life as her husband
and that when she weeps II is the ebuitcn of full
haar all har1 full
at dollar for the pit and two for the boxos But in
charity would believe that it is not her nature but
that the icy Of her husband has chilled all her
finer feelings. These remarks not drawn from
fancy Look at the correspondence between these
parties. On the one hand a man appealing for his
earnings, husband and father, and as he ex
presses it, blessed SUCH but ursed by the chilling
hand Of poverty-and the other hand, the unfeel-
ing calculation Of one who had fattened upon the gene
rosy of the public He who had made his thousands
from the taste and beauty Of the translator literally
refused the author the crumbs that fell from his table
must confess, when saw twelve men in the jury
box apparently mechanics, had my nisgving how
far they would appreciate this kind Of labor but that
fear was soon dispeled, when saw the tear standing
in the eyes of those hardy of toll upon reading the
letter of Walter.
Is this Court to say to those honest men, "Your
sympathies are mstaken-you estimate the literature
Of your country too high you learned your
judgments would be better the Judges whose op-
portunities have been greater know that literature
should not be overrated Never shed tear again
over tale Of or.we will set aside your verdict -
Such presume, will not be the language OF this
Court apprehend it will render unto Cesar the
things that Cesars should it be but penny
and that it will pause long before they will veto the
verdict of these twelve honest 1t has long been
proyerbial that literary never live until they are
dead Notwithstanding the paradox, it is too true
But in this case, it has been Walters good fortune to
be tried by his peers and they have pronounced the
laborer worthy of his hire And it is for me yet TO
learn that this will aside verdict upon facts
contlavention to the evidence of the Court"
From subsequent number of the Signal we are
happy to learn that the Court confirmed the verdict
and awarded to Mr.. Walter the full amount of his
claim