New-York daily tribune., 1845-05-17


| The plea answers the inuendo, which is that tie
| plaintiff Is held in bad repute. Certainly no man
need TO wish his enemy a worse reputation.
| But it is contended that the plea is bad, because
| II ayers no acls of misconduct showing that the
plaintlil deserved 10 be held in such bad repute.
Bat the accusation is not o: acts, but OF repute and
must be proved true not by specific acts nor by con-
duct. but by repute. Proof OF specific acts offences,
or errors, would not be allowed (Briggs vs. Den
niston, ; ]. c. R.; IL Price, 225) Suppose we
| had pleaded that the plaintiff had committed a
crime. aud thereby had forfeited and LOST his cha
rac;er, or had pleaded acts showing want Of kind
ness, gen'eness and courtesy 10 his ncighbors such
as DENYING them access TO his beautiful grounds on
the shore OF the Oseso Lake, or in the forest where
Leather Stocking held his retreat-should not we
nave been told that had not accused the plaintiff
OF these acts IN our libel, and should not escape
! rcm responsibility for what we had charged by
! bringing new accusations
| pass over the third plea, which ls defended upon
the same general grounds.
The second count of the declaration SETS forth
and lnsists upon three several llbes. The first OF
| these is as follows:
Knowing what we positively did and do of the severe
Illness Of the wife OF Mr. Weed and the dangerous
his eldest daughter, The time otc Fonda trials in Ques
on-regartins them do-the jokes attempted 10 be
BY Femore their condit.on-hs talk OF the story
growing up from one r to the mother and three four
darshershs fun about their probably having the Asiatc
Cholera among them other contagious disease
SC. however It may have sounded others, did
rs rather nhu Halo there We had Ike 20 put foot
right into il again, after all our tuition We
that, considering that just the day before Mr. Weed hsG
b,en choked by his couDsel in .urenderinc discretion
TeBmcre, being assured b. said counsel that the law is
e1pOunded and administered by the supreme Court
he had earthly choice but bow his the yoke
pay all that might be Claimed of him, and publish what
humiliation should be required, else prepare be
Immediately ruined by the suits whic Feinore and Rich
AID had already commenced, were getting ready him
considering al this, and how much Mr.. Weed had paid
and pay towards hi. subsstence-how keeny W. has
had 10 for speaking his mind OF hm-we did TO:
think that Fenmores talk at this time and place Of Weeds
| family and of Weed himself 50 paluy that he
would pretend 10 sickness In his family excuse to
keep away from Conrt and trick after trick put
of his FOR day twoit seemed TO u.s. considering
The present relations o! the parties most ungen-There
We go again"
We affirm, if your Honers please, that this count
also is bad, and that the words are not libeous
The plaintiff seeks 10 make case by the aver
Tient that nhu was meant for inhuman, and tha
unssn was meant either for ungensro1ls or nngen-
tlemonly
Now the inhamanity alleged is defined and i,
was not inhumanity. Ii was at mos, only want
, OF magnanimiry. The plaintiff took default
against Thurlow Weed certainly under very extra