The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-14

article deserbsa The class supporting the opera ct that
In the a1sssto which hs euSS.d b. undertook to 40
what could do-to keep out from theatres and
operas al Objectionable characters Of both ssxes he said
the police were thsrs, that they did not apprshssd
Fry himself who violated oil order and dscorum. ven
win continue TO gain .dmssion to puS. am sIsnts IN
the millennium. One Of the sporting whom put
the stand proved that the sporting class At
and the grand fancy ball. and that there fast
men there These persons were there and it quite
vain on the part Of Fry to that with any number Of
read article in tie HERALD OF February s4s headed
"Judge Fishs pardon Of Jack Harrison follsws-
II sss: :ssi II s:
this h1s. days before the day Of Gss
r. s:
banks banking institutions s.mbi.s P.rk pscs
Rps are 81 pure ia and
"a
than Waii stres AID the patronass
which they give in the parqSssss ana soas. iaa
Even the last fancy bali would have failed and the
rsnss prsasers as' Ps sas
pass ard 9ppss Broadway wisis Jack Harrison and his
After rsa6rg this Article, which aso ELECTED much
nirh, the learned counsel then quoted from the
that there were sporting men, fast men, and cIlss
OF women known as public prostitutes there. All
this how.ysr not Sp9s .ny,hsps Fry unss.
exhibit skin and tsctf The did not It was the right Of
Mr. Bennett and the gentleman who wrote for him to
poy any terms Of iidcue they pleased long they
Did not eepart from his appearance msrepresent his
sss Meeson welsby, the OF Ga,hsrcole Ne H. in
which Baron Aderson lays down the law follows 1t
ssn ss limit, s rsa
menfs on mans public conduct and upon his private
conduct. can understand that We have right g com
act; Of general the Public judgments of
where til. nmis can Be- drawn dsy bet
where the comment is to cease - being applied solely TO
pcas 10 his private character because although
quite compeent for person to spsah Of judgment Of
utge ., being an extremely erroneous and foolish
(and doubt commenis Of that sort have . great
aepcy to make careful Of what they say) end
although 4 psric'tly competent for persons say Of
not 10 be permitted to perform such and such parts be-
cause DO pei forms them so H. yet ought mot to be
that he has committed felony, or anything Of
sts &, which is ~ no way connected
is just the distinction that Lord Ellenborough took
that the critic las NO right to enc oach private life.
Fry's public life and the question is, docs the evidence
satisfy that Fry, Is the manager Of public opera
and Ross and Maretsek, al swear that he was mot
competent manager Ono proof Of that H. that he did
not send ont to Euro 20 competent person to engage
price BE cid NOT furnish the means to send out good
denee thow that he made engagement for two weeks
for 5000 Tho engagement not kept, and the pro-
Eureps in @ III. Who'll. Of all thai has
BEEN alleged against Mr. F., ha, been proved II not,
xnss . are the Sr Has there Sssn injury done
in Boston He had artists he had treasure
pay If here had been line in the HERALD, he would
stin have failed much The HERALD not the
of the failure An attempt beenAde to prove ma.
lice on TIE rart Of the defendant It has been shown
that It was not responded on Il: pvt Of Tie dsisa.nt
Strakofch called Mr. Bennett In relation to this mat
swors st that NJ Bennett said he would g. ish Fry or
words to that effect but when examined he said he
not that Mr. Bennett did not say that he had
cone with or 6nisbed with Fry he was German, just
comeever and did not know the language Mr. Bennett
manned silent afterwards till the plaintiff himself appear
general This action ought not to have brought
by the plaintiff for he laid the foundation for the publ
lists and hrustDs his dculiiea With them on the public
The HFRAID has but exercised important right which
its editor holds in common gentlemen and every
vae judgment-the right to make that private judgment
known, far respects the public conduct acts and
management Of any individual who holds public stua
ton have already adverted to the fact that the i'm
potance of this right deemed great that in the
y sns this
undoubd leaves for judicial and legal remedies the
abuses Of the right And gentier the question that
to you whether in the publication complained BY
tbe plaintiff there anything that constitutes abuse
Of the right Of private Judgment And il the expressing
Of that judgment to the public is matter OF public
cerp, that right 1t is duty and the duty Of this
beer deemed essential to the safety Of citizens
AID to the coninusK of the under which
1t happiness to i've that 1t has been incor porAed
into the constuton itself 1t not to rttersd away
it Is not 10 be hampered, cut down by con-
strrcons Our construction should be liberal IS the
exercise Of this right and il there be occasional in
jury arising frem this free and ioeral exercise Of
the right II 10 that species Of injury whish attends the
exercise tf almost everything we can count blessing,
and have the happne to enjoy earth There 10 no
such thing as unmixed good-thers is always some
qualifying evil psnyirgit. The protection Of this
right the defendant claims At your hands. submit
then that when you shall have carefully considered this
cAsethe circumstances under which the defendant
led to publish thing and the attending facts under
which each Of these publications made you will
with entire concientouspess, and In accordance with
the freedom guaranteed to the citizen, that there Ia,
been abuse Of the right The part Of the defendant
With these observations, will leave his case in your
hands, feeling confident that under colorado etext
of abuse you viii indulge In disposition to restrict
ramr 81 the exerce Of the right Of private judgment
and of free and legitimate criticism.
The COURT wish the gentlemen on both sides would
put down paper the POINTS which they mean to sub
init matters OF law arising out Of this case that
may look them previous to the sitting of the court
to morrow.
MIR. sANDFoRD- Certainly, sir
The court then adjourned.