The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-01-24

youes, character having been assaed that ground
By the defendant was untrue hs sy
robbery was the OF his brother having lent money
to Pc we'll the bars Of gold and the DIAMONDS &c.
without having that they we're stolen. Counsel
further commented articles which were published Ia
the Police for rome time after tue 4th November
ana concluded his remarks with hope that the jury
would find verdict for the plaintiff, and thus re.
establish his character, which had been crusly
Mr.. seliss next summed up for the defence, and a.
considerable length reviewed the evidence addu,ed by
the plaintiff and remarked that there two parties
in the world opposed the liberty Of the press-shey
tyrants and theves-the former because 1t frus
trated heir attempts aud the latter because was dis
agreeable to them and exposed them. Counsel them in
sdverps to the evidence Of Kanouse said that
not materially contradicted and that his character ior
truth ard acity not impeacbed
Judge Boworth then rged the jury in substance ~
follows This cause gentlemen Of the jury Is TO tiled
like every other namely by the evidence which has been
given The defendant stands before IN the position
OF a party who has been sued as an editor, who has
printed and published an article ia his paper (rae
Judge here referred to cited the words OF the lbe
The plaintiff has appeared TO have been mainly occupied
So bar keeper tor number OF years in this city You
gard his character having been fair ani uu
aied up the time Of tho publication OF the libel fhe
o.irrdanr allege9 the article published oy MIN and
stated in The complaint 10 be true. THIS article II
true tended prevent the continuance Of the plain
tins .mplo, men, for number Of years ard while such
was eis character The defendant admits the publica
top OF the charges cont8 Ded IN the hoe and tha they
would be proved As usual in these cases the defendant
is allowed 10 proceed with lis evidence in ordr TO prove
the isue IL is a we'll established fact that where the
defendant adnts the publication Of an article admits
the contents be true. shall not gentlemen resCste
the evidence co has already been stated TO you sha
however direct your attention to the following pontc IL
Is true anatter Of law that II the defsndiat mas
royed to your satisfaction the truth OF his charged no
nger how malicious tLey are ne is entitled 60 your ve-
dct (Ihe Judge here cited from The Law q he
ground civil sc,ic is where the party has sustain
damages by Of the charges maAe In criminal
persecution Tor libel the publication mus De proved 70
Rave had good motive Bat this u civil suit and II
the defer dant has proved that the articles are true
is entitled TO your leidct me defence would b. sna-
tanned ii the defendant had made OUT Ine trutn The
Law ipfers malice the defendant has asd 70 prove the
truth the charges me plaintiff riay prove If h can
that the Nbel tended to brea DOM his character and
business f.o he eutit.ed to damages and, % the
other hard the defendant shows that ne in the
stion OF publishing informston ghih mi .ht tend
to benefit the community should him the eTi
der to dsproye sctua race ba such a. to prov
tina. he the plaintiff at the time OF the pub
LEGATION q the libel The evidence OF Eeuouse that has
been given and whote was taken down
when he his trial for burglary, aud was con.
vced and cent TO the State Prison for eghc years is
entitled to very flight credit except where corrobo.
rated. No evidence has been addccea TO coptroyert
that which has besa wen respecting the characters OF
KaEouse, Webb, and Hard The witnesses who have
p ken as to the intimacy Bh,ch existed between the
plaintiff and these men, namely Camp, Webster and
oher have not shown that the plaintiff wss thsir asso
ciate, or on more intimate terms than with other
men with whom the plaintiff nad been brought In
contact in his capacity as barkeeper. The defence
is not to be made out by suspicion only; i.
the intimacy really existed between tae plaintiff and
these II You should not Believe that these charges
against the plaintiff have baen sufficiently proved then
you inquire how the defendant may mii
Cation and you to emit the evidence Of actusl
lice. party cannot, after publication Of libel,
tract 1t is shield from the consequences II the
/ information communicated to the defendant by q
Ierson OF worth then ne is to have ths benefit
/ As to the evidence Of the robbery OF the govern
ment jewels, that evidence introduced ia
order to connect the plaintiff with Hand and IA.
nouee; this has not been proved the libel pub
lisbed on the day that the robbery took place
You have the fact that the plaintiff acquainted with
Hand and Kanouse, but NOT that the plaintiffs brother
This evidence has nothing to do with the case,
cept you connect the plaintiff with these On
the subject Of damages the panH stands before you
man CT undoubted character before the publication of
this libel and if the truth CT this libel has not been
proved then entitled to damages Tor the loss he has
sus aimee ia character and reputation The whole
is with you gentlemen, and requires most careful
sderaton, which no doubt, it win receive; and ii you
consider that the charges agnst the plaintiff have been
proved to be true the defendant is entitled to your
dict and il the contrary, the Plaintiff has sustained
injury TO his character and reputation you to find
your dict accordingly.
The jury retired st z. n. to consider their verdict,
and ut p NJ discharged, not having been able to
come TO an agreement,