The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-24
FUE GREAT MERCANTILE SLAyBEk CASE.
nmpsrtapt Cssarss of the Judge On sAae Law
q slsnasr-verdict for Pisanss6 ~, s00'
surERIos couRr-TIRsr FART.
Befose Hon. Judge woodruff.

FOURTH
Nav aa-Roaara 6. Ftsls u. Hcwy C. Eoeea-As
.. case was drawing 10 Q close the excitement became
are intense and HE courtroom Was well packed with
anxious spectators long before the hour for resumng the
rvooeedngs There ladies also present. and at
shout eleven O'Clock the respective ngants entered tho
sOuri with Their counsel It with dicuS2 the jurors
and parties engaged N the oosld force their way
throagh the crowded passage lead as TO the ROOM
Mr. EvArs, previous to the summing Up fer the plain
~ submitted a number Of points the part OF the de
odsnt which he the Judge 10 charge; amongst
which werc that the words spoken not 10 Cemseves
asonable that the darnages If any should DO nominal,
and only comsensatc for any special damage sustained
md has been proved; that the words spoh
privileged comSunieitor, and ne. Gctonabe, evil
aence OF malice being SVEN that nj the publicity Of the
Alleged SANDER chsrgeabe on the plaintiff Gineb, II
having been spoken In private by the defendant and that
n event did the orcurl stances OF the case warrant the
fury IN giving aggravated, excessive or exemplary da
images.
Mr.. oConor thea procssed to on the part OF the
paapt He commenced by sayng:-Ths czse will be re-
nembered by most Of the ,ns generation in our great
metropolis whilst tsey live, and Will not be forgotten
whilst Trey hve whether in the multzae of into
eetng matters that daily prescntE tLensalycs
interesting in rysica, point of viswwhethe, this
viii co Down 10 pssterty matters very Ktilotc
remarkable 81 alItts circu instances surround
remarkable in the matter o. tac defsnced hcrccnn o
nd to be any matter in It, You have an action before
an not aware did beAeve to law does nvor ard
most enenky favor the ynda:ion OF that wich OF al
possessions, is the most precious-repua'on Yes, uore
thing better, but that s Something dvinethe pos
session Of approving conscience more valuable than
reputation bu, approving consc nce may lie sa 70 be
q The other world reputation IS Ting OF this wor.lal
sgtther worldly and of worldly thugs OF Mordsy rsa
nan In tbs coprtt, viii dare rise szd deny that
eson7 wha. Is estimablef Is Il the possession OF
end The owper Of great wealthy where is the man that
would say tLst he wcod rather his nsehbors spoke III OF
where 10 the man s, base-wheae is the man
Shameless that would not rise up and he would give
aim 8 scoundrel, though tie other hall stood by him
, what Is life without repu shonY
Man i, b.t rilded lam or painted e.sy.
e only protection the law does give is tbs aston
may 20 through this community aud sande- every one
d the jury and you have no remedy but In such an &C
VIII be punished by the criminal law, but If he SANDERS
you, him before twelve Of your counrywcn. Mr..
OCoIor then remarked that there another remedy,
wh,eh resored to- the defendant might have bceI
haps beenseni before his Maker lie repeated that h.s IL
sy forae such as the defendants Something had Isen
said about articles in the newspapers but he cot
sesponsibre for them. II man will commit an act Of
outrage towards another be expec, The reprobaou OF
mankind and 10 be amenaDle 20 courts Of justice; but Is
be 81 s sDm M e Of
press Mr. Glonor then referred to the Label and 10 other
ss o,enDs Dd th. ne aenr eraepon
had not been gsen Of them was that hey expected to do
no oy the Witnesses for the defence but none were
lha' pale seppichse which stands Broadway, with its
srmy Of cerks, which were witnesses on the last trial.
not one Of them produced how then, Id they prove
except the examination OF the Witnesses for
Science the internal workings and acts OF that establish
nent M oConor then proceeded at great length 10 re
view The Law and the fscs OF the On referring the
accusation eai whiIe in tker employ be became noto
rtous liar be said; so fowes went In there innocent
young end the effect of TIVE years appreHti eshp
HAL house was, be became 'notorsas liar" Aier review
ing and ocmme org the evidence lie said great author
hsd written, "1od empers the wind 10 the shorn lamb
SO does the common law give il protection to
oUdng TO the measure Of the protection that they need
The millionaire needs DO proec,ion-bu, the poor clerk
Me humble shopman and the trader needs tue protection
81 bis reputation which he had said in the outset IS
ILs most valuable Of sii things SANDER i Ne greatest
:sss'y '0e breath OF ''0Se' is poisonous he poet
Dat venoms al he woin.s Of N;e;
No msn can scc i@no man can feel L; no man can az
ccaie its operation or tell OF its effects AMER some eo-
eoncuded by cal ing The jury render such verdict
ss would nc approved bv their conscience ard their
seunty
THE JrDeR's CHARGE
Tue Judge IN charging the jury MD -,
eESr1IxEs OF me JrRY We have now reached l.t
fhse the progress Of this trial Al which becomes my
duty 10 commit tie case TO yo consideration Tor d. POSI-
under instructions which should guide your dehOcraons,
and their appropriate application control the ooocdsons
Which You viii draw from the evidence laid before yoi.
Counsel for the respective parties though hGe ourselves
ministers OF the Law, whose oiNce X is u assist IN The
sdminruaii Of usucc governed, a We echeye eNenm
The appaI conflict OF duty by worthy purpe " So
tsre iustSc, aud no more than justice between heSe
whom they represent, may yet be excused In the ardor
With which they advocate the and promote the in
ierest Of Their respective ohcnts they also share arg ~
her feeling and exhibit somewhat " their pre1udces
their part there be anything Of exaggcrhion-ahy
needless warmth In charsccrihng the cause or NC ooa-
acc, Of the adverse party-any overe umae 9. .s oo
hand depreciation Of the testimony on the oaer
any appeal to considerations whch the eyttsnoe docs
not disclose, which may no, properly influence Your
deliberations, these may yet be imputed 10 worthy veal
thai socks only what y right though greatly b@ed byR
natnral and almost necessary sympathy with The prevail
and may be the passions Of their respective clons
We gent sper nrc charged with no advocacy or the pc
SuAr and tarzan views or either plaintiff on doIendsn
We have passions nor prejudice " Indulge or gr2Iy
and " there be any feeling motive In breasts thai y
pd founded 10 desire 70 ren Ter equal and i1sd,e
between The psrtios according 20 TIC LAVE under which
i've thai Is mol suggested by az impartial ocnsiic'a
ssn and jun aggregation Of the evidence in the oslse
s SSsi o % la duly We are T Soas 'is .ns:
from minds. Juice 10 be awarded 10 The poor man
been violated be has suffered wrong no, because
ne "a poor or frondlcss, or stranger, but because
20 Be rcdrosscd And whoever Il prosperous or
wealthy, high In rank or IN soc.al or ober posi'n
be b. charged rhoUi f=t cause, Is 10 he Woec;ei and
sefended not bocause 81 his wealth station, but esice
and the law demand H. The observation or pcrhaIs,
osht 10 say the illusions OF counsel have made seem 10
my mind fitting and proper that should make tbc.. sugges
no1, and governed by such yiews youw icol assured
address yourselves 70 c consideration OF the case before
us and need hardly add that, in that consideration, yol
Al liberty 20 lake into view anything but The cvi
aenoe With the infTences which " your Judgment are
warranted By 70, and the rule II law which am
bound give for yoIr guidance. Statements Of counsel
net sustained by p'oofspeculeions resting coucirrc
suspicion pos bic belief which s founded In anything
than what has becn testified gycnin evidence on
sa trial have place in the jury room, noT any part
t the deliberations In which 90 engage Conndng
"A your intelligent appreciation Of the testimony, your I'm
partial desire give lis Just weight, and only 10 eg
and proper Influence, and relying On The fncss and
accuracy your mory, refreshed ~ has beon snl
ssssted proper conclusions by The observations Of
eel shall bot deem nccesary 10 rccs pl,uete iU details
oommont with any minutcness upon Is bearing on the
keLc between cso parties, sxceptf FAR as may be
cesssy Illustrate The law by which the case Is governed,
and enable you H. make Intelligent application q b
Ne testimony. While the discrimination Of the fact Is
your province ~ B. my Decesfary and especial duty ~
fla ile Of which those