The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-12-18

band only intoxicated then thsjusy VIII ny BY thsr
saes Hsr. his Homer rssrrsd 70 Tie poSisssioa ssd
~: ss:d i. 70 The tn .j s ~. III s'; &
charge you that poI.t and say Il the printer has
varied the expression in her favor he Is entitled to
again to the jury There thres points in this libel
In which the plaintiff osins that the defendant must DO
held to Be liabe-Fir.t that they were under til. su
that this couple were we'll to do &c. These the
points and don't any other questions and the
evidence which have cited to them There were four
Witnesses At the p0lide station all Of whom these
parties Inside o. the building Then the jury have
sHe did mol think the parties intcxcsted The last
witness does not testify as to the intoxostion OF the
Vile bat does to that OF the husband the other
man. The jury will, therefore note that there
four witnesses ct the station house all of whom say
they say, she decidedly sou They used strong
language, and could not have been under . mis-
take. On tho other hand two witnessss deny the
insoxicaton Of Mrs. Birch they her tho
street but did not her In the station house. Here
the testimony and II appears to be contradictory 1t
to reconcile it. or to account for the contradiction It
did not to me ct the time that the witnesses
either aide intended wliuily to magnify any part Of the
dence whether the witnesses for the plaintiff the de-
PENDANT had better opportunites Of the con
ton Of the parties at the time Of their appearance tho
police station Another and important element to
guide the jury L. whether they should give greater
I
tradction the smaller II the jury no other
rule to guide them they entitled to consider which
eide tho evidence crates and find accordingly
II the jury think the justification fully made out and
that the parties under the influence Of liquor 1t
for the jury to by their verdict That Is the main
point for their rs 1t regards the Az
TO the death ofthe child that reflection without doubt
upon her but thing will depend upon the decision
OF the jury on the fret point The jory will remember
that the parties intoxicated then the jury might
infer that the death Of the child caused by neglect
Grl tknd .fav tnnr.
THY bis saying that the death Of the child caused
by neglect OF 1t would DO impossible prove
,uch fact for II Is conclusion We must arrive at from
ccme to tho last phrase: This family
spectacle SO" Well to find that LIBEL, must depend
much what the jury thought Of the charge of
iHtoxicaton If the parties we're Intoxicated sta
ton house then the conclusion would be very natural
ono. when the jury have disposed of the quss.ion
dedication then they will consider whether tbs jusa
cation has been made out If co. they will Ind for the
defendaEt-n not for the plaintiff Then comes the
question OF If the jury find for the plaintiff On
that point good deal gill depend upon how far the jury
think the justification has and how the
msae out The jury must take all the case together 30
TO arrive at correct result, 1t is OF Libel
doubleday If the defence has not made out justiica
ton then the law, IL all offslsehood implies
malice. But there Ia snch a thing as actual malice, al
though mono has been proven in this la all cases
the law presumes malice but there ia nothiog in this
presu sctusl malice, neither is there any
thing In II to cell for vndieve damagss and The jury
viii they find for the plaintiffs give them euch Acorn
penston tha make for the loss of character hcy
may have endured ard for any injuries they may ha7s
suffered TO their feelings. If therefore sotual maca
which the Plaintiffs may have suffered frou this publ
cation and tEer 10 of provided the dafaadapt
haa not ucceeded in proving his jasrdcston Ite mas
the jury Will give him verdict. If not they mrst
what damages he ought to for the loss of character
to The plaeE That is all have to say, gentlemen Of
the jury You will retire and bring in sealed verdict in
the morning.
DEC l6 The jury this ning rendered sealed YER
dict for the defendant.