New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1842-12-12

tion on which this suit Is founded, and slmuta-
peously with my own article complained Of, APP
neared personally in the columns of The Tribune,
atmy own instance, and there gave his version
Of the whole matier-which version, so far as the
facts were concerned, was virtually admitted by me
10 be correct, and to modify by so much the former
one. Not merely the alledged misstatements and
high colorings of my own correspondent were so
corrected, but those which had never appeared
in my paper; as, for instance the assertion of the
Albany Journal that the case of Cooper as. Weed
at Fonda stood nearly at the foot of the calendar,
when it appears by Mr. Cooper's card that it stood
No. Is on calendar of forty. The vindicaton of
Mr.. Cooper went to every reader Of The Tribune
the week after the obnoxious letter, and full
and complete as he himself saw fit TO make it
Every thing conceded to his statement except
my conviction that bis course in the Fonda libel
suit had not been magnanmous.
Here were interposed some observations In
reply to Mr.. r. Coopers points, which it is not
necessary to recapitulate
Gentlemen of the Jury, you are called to decide
whether have 'wickedly ard maliciousiy ibeied
Mr.. Cooper; ard, if have, TO what extent have
damaged him. beg you, in making up your YER
dict to consider first the admitted, notorious facts
in this case, apart from any comments; secondly,
the character of my comments and whether the
mind Of the reader would not substantially have
supplied them if they had been wholly omitted,
and the bare facts stated in my paper. If you
should thereupon adJudge that have done wrong
and Injury to Mr. Cooper ask you to consider
how far | have endeavored to make PREPARATION, in
what spirit and temper, and with what success,
and whether he does not at this moment stand in
as fair light before tho readers Of The Tribune
as if had stated the naked facts in that paper,
and left them to provoke their comments
Surely, it cannot be that my opinion, the opin
ion of anonymous correspondent that he had
not acted generously in the premises-an opinion
avowedly based on the accompanying facts-can
have wrought any essential injury to him, in the
face Of his own explicit standardization. l hear
Gentlemen, of the legal presumption Of malice
in certain cases but am that any pIesumP-
ton at all of malice in this case be neither
legal nor just. The presumption which disregards
such evidence must be too violent to be tolerated
by you.
But should you find, Gentlemen, that had no
right to express an opinion to the honor and
magnanimity of Mr.. Cooper, in pushing his case
to trial as related, you will of course compel me
to pay whatever damage has been done to his
character by such expression, followed and accom-
panied by his own statement Of the whole matter.
will not predict your estimate, Gentlemen, but
may express my profound conviction that no
opinion which Mr. Cooper might choose to ex-
press of any act of my life-no construction he
could put upon my conduct motiyes-could pos
sibIy damage me to an extent which would entitle
or incline me to ask damages at your hands
But, Gentlemen, you are bound to consider
you cannot refuse to consider-that Hyou condemn
me TO pay any sum whatever for this expression
Of my opinions on his conduct, you thereby seal
your own lips, with those Of your neighbors and
i'm
or any other case--you will no longer have right
to censure the rich man who harnesses his poor
neighbor with vexatious lawsuits merely to Cypress
and ruin him, but will be liable by your own YER
dict to prosecution and damages whenever you
shall feel constrained to condemn what appears
to you injustice, oppression, or litteness no mat
ter how fragrant the case may be.
Gentlemen of the Jury my character, my repu-
,aton are in your hands. think may say that
commit them to your keeping untarnished: will
not doubt that you will return them 10 unsullicd.
I ask of you no mercy, but justice. have not
sought this issue; but neither have L feared or
stunned it. Should you render the verdict against
me, | shall deplore far more than any pecuniary
consequences the stigma of libeer which your YER
dict would tend to cast upon mean lmPutatloh
which was never till now called to repel before
jury of nv countrymen. But, Gentlemen. feeling
no consciousness of DESCRIBING such stigma
feeling, at this moment ever, a profound con-
yiction that do not deserve it, shall yet be con
soled by the reflection that many noberand worther
than have suffered far more than any judgement
here could inflict on me for the Rights OF Free
Speech and Opinion-the Right of rebuking op-
preston and meanness in the language OF manly
sincerity and honest feeling. By their example
NAV still be upheld and strengthened. Gentle
men, I fearessly await your decision
The Jury here had short recess, it being noon
The defence occupied in all, we believe, ao MIN
utes, or Jus, as much time the Opening. he
Court resuming its attendance
Mr.. j. Kenmore CoorsR summed up in per
son the cause for the prosecution, de commenced
by giving at length the reasons which had induced
him TO bring this suit in Saratoga. The last and
only one that made any impression on our mind
was this, that he had heard great deal OF good OF
the People of Saratoga and wished to form bet
ter acquaintance with the,.--(Of course, this de-
sire was very hattering; but we hope the oara'o
cans wo Mt feel too proud to speak to common
folks hereafter, for zoe want bertyto SO again next
summer.
Mr. Cooper now walked into the Public Press
and its alleged abuses, arrogant pretenslohs, It's
interference in th. case, probable motives, Nc'
bu, the nublic are already aware of his sentiments
respecting the Press, and would not thank US to
recapitnlate them. His stories of Editors pub
fishing truth and falsehood with equal relish may
have foundation in individual cases, but certainly
none in general practice No class of men spend
n tenth mart so much time or money In enceaVor-
INV 81 ,rocnre the earliest and best information