The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-02-28
Superior Court-Paxt Fasst.
Before Chief Justice Oakley.
IrrruANy yIpRT. aVyyr.


published him a Nbellous article. The plaintiff is
also engaged in publishing and slling books in this
city, and was engaged in preparing for publication
work, to be called "Burmahs Great Missionary, or
Records Of the Life Character and Achievements of
Adonram Judson." A. the time Of the publication Of
the libel the plaintiff had agents engaged to
obtain orders for that work, and had been at great
expense in advertising and preparing II for public
About this time there appeared in No,son's Literary
Gazette the following alleged ibello is article =
WAYLAsD's LIFE JUpsoN-In the last number OF
this paper called attention to the above work com
faithfully drawn portrait Of most noble and de-
voted missionary Having since learned that another
memoir of Dr. Judfon was announced for speedy pueli
alton (meaning the work to be published by the plain
id), We wrote to the Rev DIR. Wayand requesting him
inform whether this forthcoming volume 1.-THE
lantps) was authorized by Dr. Judson's family, and
whether any other papers likely to than
hose rsady made use Of From President waylands
take the liberty 6f extracting following
In reply to your inquiry have TO state that have
TO reason 10 believe that materials Of value exist
Tor q life of DIT Judson which have not seem and
moreover that the portion Of the materials for ms.
inoir which has not appeared in toe public journals
ave been accessible to no person except myself No
n the subject OF this publication, and neither Mrs.
Judson her friends have been informed OF the
OF the author Under these circumstances think that
such undertaking could be received in other hight
by honorable men than an attempt to dsprive the
are dependent, of the m. of daily subsistencen
we give prominence to the above because We do no.
towards the widow and the fstherless.
The plaintiff alleges tina. this article designed to
impute TO him attempt to publish work Of real
merit and further attempt TO deprive two helpless ia
miles and the widow OF Dr. Judson OF the Of daily
subsistence. Damages laid at $5,c 600. Mr. willard
appeared for the plaintiff and having called witness
rested his case
Mr.. O'Conor appeared fer the defendant. who denies
that the said article is false and oeous that IL had
ference to the plaintiff that intended 10 injnre
his business reputation He further sets forth that
prior TO the time when tho paiatn By his state
dent wayland OF Brown university was also engaged
upon life Q; Dr. Judson under the title OF "A Memoir
D. d. ire eepyrght Of which was the property Of the
widow, Emily @ Judson, who then had two helpless IA
lies consisting Of her father and mother anu OF her
Eve children, entirely dependent herself for support
The proceeds Of this work, upon which Dr. Wayiand
was engaged were to be used BY her for this purpose
bic for the wors, and Of the family of Judson
had been Consulted the subject OF the plaintiffs pub
dant further alleges that his journal is Issued with
special view OF nicating information respecting
new puol,s.,ons tIst tue sra:;e therein pueisaed
legd Just and fair criticism upoo the fac.s thereto
stated, and that IT was pabished only with view Of
stating facts in the expectation that the plaintiff and
all other persons who might read IL would be dstsrrsd
from dorg injustice to Mrs Jadson AID those dependent
Mr.. O'Co.or in opening me case for the defendant
expressed his surprise thas case so utterly ms a snt
brought into court While he had bean re-, aimed a.
couDiel for the defendant he had expressed the same
sentiments and was prepared 70 show TO the jury tina.
he had the best grounds for sucn opinion He OBJ
served that it rested with him to show whether the
truth bad not been spoken in this case by the defendant
ccDfd mt that he could do to their entire satisfaction
He proceeded TO state the a connected with Dr. Jud
e.nsapces Of his widow after his death Ihe puSlca
ton Of lie OF DR.. Judson snd ell the profits to be
% e nss
Any interference in this jus. arrangement he stigma
tzea as mean AID liberal as the acs Of pratt
was beyond the rea:h Of The Law. The original book
might be copy risbted,. and yet the imitation might
II proper ,hen that nons.rauce against
ilbsral course should be PR scented BY one and
such could not be called lsel. libel the pub
Hrhrg Of falsebood here every thing by his de-
PENDANT was true, and could do the plaintiff BARN,
Iality which should govern mankind 1t had been said
that the cow no. in destitute circumstances he
would leave u the jury to determine whe.ner $500 or
$500 per apnum, VIII ch was all she possessed, would
suffice 10 support her and her ophap children conforta
bly,, without some further assistance He contended
that che fairly entitled to all the profits thai could
be- derived from pulls memoir Of bus BAND and
alluded 10 certain letters that had passed Mrs.
JuasoD and the PLAINTIFF when 1t had beco kno that
the latter preparing abrid gmert Of Dr. Ju3soo
life, in which the widow, almost her dying bed in the
touching terms had entreated him to do her
oRrest wrong in her sickness and poverty pub
fish work which would interfere With the sale Of that
in which she interested. He concluded with in
depaDt and eloquent protes. against that selfish dos
trine which sought to claim the life Of pubic
public property even Wien the avals Of 1. would pre-
serve the widow and her orphans from dssti.uion.
The written ceposons Ct several witnesses then
read on the past OF the dees The following is the
Ny name is F-apsis waylard; ase city egh. years;
occupation teach reside in Providence, !; do not
know MT fls,eber; have him; Mr.. Merton have
Known two three years
Witness having examined a printed coy o, the OK.
tract from his letr prefxed 70 the nterrrgator!es ut
10 pin ed sbove) continued
have exam ned requested ard prteu this to be
acoly from letter written BY nee TO Mr. Norton !
presume am the Dr. wayand MENTIONED 10 the extract;
am the author Of life of the late Dr.. Judson 1t has
the ,se as near as can recslIess it ia Msmars Of the
Life and Services OF Rev. Adonram Judson d. - i
was published last pts mber or 0ctober am no. in the
least ted the sale thereof do receive any
part OF the otis thereof the copyreo belongs to Mos
Emily Judson aceo:danse tn my desire, the
was taken in the and for the benefit Of Mrs. Emily
G. Jndfop; The work compiled aud prepare ed by me
from material furn to by the concurrent sent
and desire af Mrs Judson and the tay Of late DE-,
Judfon; Mrs mily C. Judson rendered mo important
assistance in the work of PREPARATION the work
complied from letters in missionary journals from pri-
letters and papers OF the late Dr. Jnisou from pri
vste "reminiscences OF Mrs Emily Jadso1, from mate
rial furnish ed by the American Baptist Missionary un,on
and the American Board OF Commiss ioners Of Foyego
Missions; received such nformstop from Mrs. Jud.
SON. various friends and espoai.nts u DR. Jud,on
from Rev Dr. Bs hit AID DR. Andrews secretaries OF the
above named societies. the papers have since
turned 20 their respective owners; presume those
mat we're sent TO ne returned 70 th- sources from
which received Them; l do not know 81 any who
BIAS any materials other than those us d by me; aud
from The great exertions made By and Mrs Judson %
obta all the existing materials for such work. think
that important matt rias exist exc-pt those used 0y
ne; the above named Baptist Union al'o made exsr.
ticps TO obtain for oil possible cfurm alton that
sui jec.; cannot tel the value Of materials have
not '.en and shich DO not believe to exist a con
siderable portion OF the materials used ~ me had
appeared in the public journals; DO not believe
at any materials OF importance had appeared in any
public journals or existsd besides those used by
in the pi'aton OF this ,ior; excepting those
ierias which have appeared in the public Journals, !
suppose that other person has h,i
the materials used by me- the private papers
Of Judst communicated 20 me by Mrs Ja6son, her
reminis eences could have been by person
but myself the materials furnished by the American
Bapist Missionary Union and the American Bosrl OF
Commits siopers OF Foreign Missions could only he fur-
nisbed by vote Of the soa-ds respectively have pot
"a .,hs - n