The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-10-20


violence People win not go 20 h. and tnsn We - ~
lamAntabs spectacle Of murders, human hfs
and ell originating 10 qTius, soTsra%en. ma Srvss
M 10 the desperate resort Of embowemng our kAves
our adversary in order to lrsy s S .son aSaS
criminal courts. Gentlemen, there il an urgent
exience Of such class Of this represents
All of sancer do not appear before jury and for
many years case has not been pIsssntsd Involving ths
TO the parties In this action Mr.. Barr has bssn
resident of New York for many years. He has always
teemed BY his fellow oitixens- For the nrsf ms he il
now compelled to appear here 70 defend that character
from unjust aspersons Clustering the purity Of his
who have not similar els, and who have only sought
to carry out their sslash ends The plaiaiia
is entitled TO the credit Of his present position,
for he has made himself. Al rhe early age Of twelve
years he left self-SeyendAnt; he had the whole
world before him He succeeds in e,evstng himself to
position of peculiar Independence and he could snord
to be an honest and upright nar Twice mss no ossa
elected 20 the Boxrd Of Assistant Aldermen and Twice
to the Board of Aldermen In the fall OF 1893 ne was
elected Senator for the Third district OF this CITY, which
Office be flied last winter 20 he credit Of himself and
the interest Of hs constituents he wrought cut his
success by his own energy and he is an exaupls OF
what any American czen can Do De Is OF that class
such men are wIcpged, II seems to as II indivi.
dual stergy aud integrity we're vronged. But there
is character which cannot be contaminated BY the
breath Of maice. No man be known to all, There
is man who is above the corrodirg influence OF vi
cious atmosphere Look AZ political men who have
performed al their duties 70 socety-ye., when mon
TONED you cannot help fsciog that they bad men
You know they are abused yet You cannot tell why IL
asked on what GROUND yoi have formed opnioos against
them, you do not know. Ria misfortune il that he
caIt idste Tor Office. Tos u is which prevents msa
Of character accepting efcs Why is it that rsspecta
rc.s Ehy is thiss Is IL less worthy to b the repre-
sentative of the p4opse than 70 be the posse,sor
saes I msa vii hs no. or. themselves as e.aai
ds.o? TT because they do rot wish toexposs their
cbsracters TO the vndicve attacks OF dishonest men
Ii hope that honoraoie IN en- viii accept Office
Il is oDly sitter jury has given scathing rebuke to
this system Of polisiesl sease do no: know thst
que ton direct this has ever osea bsore presented
jury II you find that an honorable man has besa
v6ed, then the priviiess Hes With yon to administer
the rebsks The counsel the other side will ask you
why does Mr. Barr here2 We say, because he
holds his character dear The missortunes with which
he has been afflicted though not attributable to his
neglect have endcared aim 20 his character. Tho
profits Of many years OF industry were lost
in enterprise which ended most disastrously
That ere swept away all that nv client had earned by
long years Of industry He stands welded to his
sepu.sSn 1t Is only the m.ss o. man tina; can deprive
this malice. can give you the act itsef-i9 causes
and its Consequences Mr. Eben has enjoyed the repu
tation during the last year. ola man anxious to reform
city abuses want 70 show you his past history,
and the motives which have actuated him You all re
collect that years ago the New York Gas Company
Mr.. Whiting here inter rnpdng the counsel asked
What has the New YORK Gas Company to do with the
case2
Mr. WiA3rd resumet-HoW can my learned frfeud
judge of what am gong to ssy2 shall con6ne myself
strictly to what is necessary in this Well, you
collect, gentlemen, that this community was agitated
worse thsn my learned friend is at this moment By
the bill brought before the Common Council in relation
to continuing the gas contract which had Ut that time
the man selected was Mr. EIssn he was the lobby
member. You all re,ollcct the circumstances Of the
case and il not nsceessry for me to repeat them
Mr. Eben was the lobby member who endsavored to OBJ
tain the passage Of this There man,
however, whom he could nst reach, and that
Erben succeeded with the Aldermen. In the
Board Of Assistant Aldermen the matter was
n With s ME- B
tee but Mr., Barr opposed him with energy kept the
measure back and mace minority report, in which he
psh. Mr. Barr had delayed the proceedings long that
after il to the Mayer who vetoed it.
found to be too lac pass it tina. session. The public
the di.lise Of Mr. Erben to Mr.. BARI This E,ben
the great man who saddled himself with
this easurethe whose hand has grasped the
sword OF Justice and swings 1t round our heads
You must teach him that IL Is only the pure who
gsspce THIS is the origin of the attack in this
We have see the purity of this man-et us now tura
e9s eye upon his !, strupsn rs will produce ,n.
sssai ed Who is this SMITH Should not he be free
from guilt SimSehS As captain Of police Of the sixth
ward hs brought before the Mayor for having forge
receipts for having falsely about them; an
hs convicted and dismissed from hs post He was
dismissed for the crimes Of ecGation, forgery aud
Mr. smith las we suppo,e) nee rose aud, interrupt.
ing the coepsel said-rhe gentleman had better take
Mr. Willsrs-I shah rot Re deferred from doing my
duty by any threats win interruptions dissusde me
from continuing my remarks. This man, Smith,
dismissed for til three oen.es, enersins hostility
10 Mr. Barr Secauss Mr. Barr Interested himself in the
CHARGES brought sgainss him. MT saEr also refused
Mr. Whitirs -This is really c,rryine the matter too
far is the first time that hare heard such at
tacks on defendants Witnesses in the opening OF
Mr.. Brady, counsel for the plaintif-Ths gentleman
who opt ned This case has not subec ed himself to any
censure. know no rule which prevents counsel from
stating in general way the manner in which this case
Mt. whisns-Mr. willard has, in his remarks sons
in violation Of every rule Of law and principle Of jus
MI. Brsdy-1he jury win understand thu. il We must
prove mae in the charges spoken by defendant against
the plaintiff mast be disclosed to them At the opening
We must not only who Smith is, but that Erben
His Ronor-I think that the counsel should conaas
himself to the publications alleged to be ibelous
Mr. Brsdy-So we are combining ourselves to those
publications. In bring log this action OF SANDER, no one
denies tsat the words aconasls. An effort will be
made by the defendant TO show that the words were true
II this should be the case, it will then devove upon US
to prove that Mr. Erben wss &C usted by macs when no
into oil the circumstances stated by my learned friend in
the opening.
the subject matter Of the aesous publications. think
the COUNSEL has gene beyond what !. usual.
Mt WillArd-I was going 10 comment upon the uses
which Efben made Of smith, in order to prove malice.
Mr. whitingI did not interrupt the counsel wheu he
spoke generally Of the character ef witness but when
he entered into particulars which the would not be per
mitted to prove II tie witness the stand though,
II proper to stop him
Mr.. wfllard-ft IL the right OF the plaintiff to show
malice II s impossible for the Court al this moment to
decide upon the relevancy of remarks, because had
not finished
His Honor-Do you intend before the case 10 closed to
produce evidence Of malice in sggravaton Of damages
Mr. Wiilard-Yes.
His Honor-Ihen think you can 60 on
Mr.. willard resumed his speech was going to add
that after the charges made b. Mr. Eben against Mr.
Barr, this pro- ecution was commenced Subsequent
corder. and there attempted to make out . charge
against Mr.. Barr. lhe result was, that when the
Recorder had investigated the matter instead Of
holding MT. Barr to answer, be honoraby discharged
him. subsequently,, and after Mr.. Barr had
been acquitted Of charge Mr. Eroen had the suda
city TO retsra.e his accusaons and he hes reiterated
them vy swsarisg to their truth in his TO
compliant in this suit another fact tie remarkable