New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-02-23
Newspaper Libeis.

The publishers of the Ezpress were tired al no
chester last week on suit brought In oenaii OF MISE
Sophia Murdoch THE young lady whose name was
,obonn;l, connected with that OF Rev. w van
zsnd, in a trial some time since for libel con-
,.;,ed in n letter from Rochester published in the
E1press which stated, among other things, that
Miss Murdoch was likely about year ago 10 make
sill farther addition to the population OF Roches-
fer. This was entirely uniounded and though the
Express twice published most peremptory conuadic'
lions thereof still action was brought for Islander,
which was tried as aforesaid. Mr. James Brooks
appeared and opened his defence in person, in q
speech repete with truth and good sense, which
ought to have had weight with the Court, if it did
not He admitted the publication and The incor.
rectness Of the statement proved the reparaton he
mad made, aud offered to prove that the statement
OF his correspondent was founded in reports current
in Rochester ut the time il was written. This was
ruled out as was also his offer TO show that the arti
Gle was from tie pen OF an unknown correspond
ent Mr. Samuel l.. Selden summed up for the
plaintiff and Mr. Q. II. Hastings for the defendant.
The Judge charged the Jury, instructing them TO
bring in sealed verdict next morning. (Wednes-
day They did So giving the plaintiff $500 dam
ages; but on the defendants motion the Jury was
pollcd and the foreman answered that he had as
eented TO il as n compromise, but it was contrary 10
his judgment the second declared that it was not
his verd;c;-so the Judge stopped the business
here and the trial goes for nothing
If the plaintiff in this case had not become sub
jec of general interest through former trial I'm
which verdict Of So, 1875 was obtained against Rev.
Mr. Van Zandi for her seduction) we could under
stand why an action should be brought and main
tanned on this case The sufficient answer Of her
counsel TO all Mr.. Brooks could say and offer 10
prove would be, "Sir. you had no business TO pub
lish your cnumny, even though it were true. Not
its alsehood mainly but its gross invasion OF the
sancty of private life constituted its offence. But
Miss Murdock's conduct and character had become,
though fau, of the Express matter OF public In
,erest An action brought in her behalf and in
which heavy damages had been recovered Tor her,
had drawn all eyes upon her. The public were ma
turally anxious 10 know how she conducted since
the unfortunate affair which had rendered her SO
painfully conspicuous. If she had fallen, 1t could
not fail to be a matter of general comment. The
publication of the Express may have been offensive
TO good taste or detrimental to morality, yet
do no, think it was one which should hive been held
libel when no pretence of malice was made and
so ample a reparation was protiered.
Mr.. S. L. Selden-of whom we certainly should
not have expected such a course-s reported 10
have been grossly severe on the Press generally in
his argument in this accusing it of proneness
to SANDER falsehood forgery. panderng 10 depraved
tastes, &c with wholesale virulence. Degraded as
the Editorial profession may be, we know very few
Editors whom, if lawyers, we can believe capable
of originating and bringing this case to trial under
the circumstances
Observation-Disclosures strong Resolutions against
Slavery submitted TO the Massachusetts House by
Mr. Wilson Of Natick were moved on Friday, but
the House refused 10 lift them from the tabe-s7 TO
-. Only 10 called for The Yeas and Nays-no;
enough to order them Had they been taken, the
vote might have been different