The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-02-25
Superior Cont.
Before Judge Tallnadge.


Frs 3a-0tDvgs S6mss vs. J6ass g. H61,M-
Saander.-The Pattie3 were brokersin Wall street
Ia IN, tn, month Of October has, they happened to be
ss 'ne on'ee OF MIR, George w. Soules, No Wall
s ILL.,, - severn other PERSONS were present
HndretA accused Domes OF beinw guilty. Of ali sor.
OF erimes. Incendiarisn, in setting ere IN hs ov.
store a. heokiyn' With view to cheat the Insu-
man in Ohio of $780, which was fouod In his trunk
after II had been broken open bv Jusrice Merr;tt
whs still held possession oft Forgery, in havinr
, .Ss pareI DE was liar. thief and. If Of
care Of has poke, handkerchie Somes vould .teaI
it. He thought it his daIy, he said, to lei the com
munity understand what sort Of q character Somes
man, stood quietly and u4,resistinkiy bv He rave
no cause, Mr.. Western, his counsel, reaaarked for
the attack, nor did he use the bowie knife or the
pistol, or even the weapons that God asd nature
bad gwen him, with which 10 avenge himseE He
felt from the assertions 81 the defendant here and
elsewhere that his reputation had been blasted but
hs took not the Law into his own hands Ii has
been asserted, that there is little in bringing an
action for SANDER into court Of justice NJ rspsra
ton is seldom obtained from Jury. Bat the plain.
tif, feeling deep sense Of the injury, has taken
the only course which the law allows 70 him = He
appeals to jury Of his country, and By their de-
The damages were laid at $4,000. fasils
Mr. MyLocK. counsel fer Hildreth, placed his
defence he said on the iaet that Somr's character
really was bad. He would produce evidence such
rs to convince the Court aud Jury that he had NO
character to lose, and therefore could not be in
Jured BY anything that might be said Of him, and,
moreover, that much of what had been asssrtedwas
in fact true. M y .I- lff.I'
Several witnesses were examined, who proved
the siander: For the defence, Justice MssaIrr
wa, wa: FIRST called After argument, the Court saled
character. IL q witness was acquainted with the
general character Of plaintiff, and answered in the
amrmatiye, he could proceed to say whether it
Ms. goo OF oaa: put .otbing beyond nor could
as no intention to that effect was expressed in the
declaration. Justice Merritt said he knew fhe
character OF the plaintiff, both from Aiso avn
others. He had known him Eve or six years,oE
when witness was an officer and since TIE :izs
raetsr Of somes, he said, was rather bad.
seve M Gehsr C witnesses were called One Of
and defendant spoken lightly Of Some Of them
had heard people speak against plaintiff but were
unable to swear that they could tell to his ge-
One Of the witnesses knew plaintiff before he left
the State OF Maine, and since, and had heard no.
thing against him. The parties had also resided,
we understand, at Lowell, Mass.]
The counsel summed up in an eloquent and mas
tery manner, doing all that was possible for their
clients. Judge Tallmadgs then delivered his
charge to the Jury. In allusion to the counssl's-
ls@arks ne regretted sScssdng he said that an
case such as this, could have redress by appeals
to Courts Of Justice. 1t was the only means the
law allowed them whereby to punish the agrees
sor and, for himself, when were brought be.
fore him, it would be the FAULT Of the jury if fall
and ample justice were mot melted out He then
spoke Of the SANDER, which he chavAeterized
as the most outrageous that he had ever
known, and which appeared to have but
little foundation in fact The charges were
such ~ reputation, however pure and
unsulied, could successfully resist. "A perssn
Of bad character, coming before court, could not
expect to recover such an amount Of damages As if
the reverse the case, still every man, whoever
he might be, had right 10 be protestsd from asper
of the jury would be such as to convince every
man that he could safely seek redress in court Of
justice. The jury returned sealed verdict IN av0r
Of plaintiff for 81 900 damages, and six cents epsts
Power. Mr.. w Mulock, for defendant --e.a