New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-25
SUPERIOR COURT-TRIAL TERN-MAY 9.-Before Judge
WOODRUFF.

SUPERIOR COURT-TRIAL TERA-NAY Zo-befOre judge
Woodruff.
The MERCANTILE sLASDER CASE FISIsHgD-Ay VERDICT
OF 81 500 FOR THE PLAINTIFF.
Richard g. Fowles at. Henry c. Bowen
One of the Judges of the Superior Court sat at
Trial Term to-day, contrary TO practice, IN order 10
dispose Of this case, which has excited more and more
interest every day during its progress IL was all 6uf
impossible even for Juror or reporter TO make his
way within hearing distance, so great was the press
during Mr.. O'COnors closing argument
At the opening of the Court Mr.. Eyarts submitted
number of points behalf OF the defendant, IN ac-
corCance wherewh he requested the Court to instruct
the jury He claimed that the words were not action
able 10 themselves but only in case special damage
were proven that special damage had been proven
in the present case, and that, therefore, only nomns
damages if any could be given. That the WOIos
were under such circumstances as 10 be IN the
nature of privileged communication, and therefore,
DO. actiOnabe without speehc evidence Vi ulaiire,
and that no such evidence had been gwen nat Tue
nuhcity given 10 the words was chargeaoie on tue
rlaptd as they were spoken In private and tnat In
no respect did the>crcum-taDces vi Inc case WARRANT
excessive or exemplary damages.
Air O Conor then summed up for the plaintiff IN an
aryrnent pealy three hours in length, wherein he re-
lived All the testimony and urged the value OF repu-
tatlou the yieness Of sian Ter, and the responsibility
which devoyed upon jury to whom was conhasu
the trust of protecting in the only way known 10 the
law man whose good name had been naLlclt usy uau-
aged. Judge Woodruff then charged the jury at
length. As regards the question as 20 whether the
word. spoken in the nature OF privileged com
municatOn, he said: IT,. J.,
n In th, csse Bowen McSsmee zsye letter Of Inrod9c
lion alton importing that Nj FOvies ~as worthy
q confidence that letter exhibited tn ps
NJ Wed and that firm employed the Psntn then on ase-,
tuipg fact BECAME lawful Tor Ar Bowen - eomnani
.f 10 that firm hstryer his good faith be believed 70 Or
true which aaected the conduct or character o. ne pnn
Fscts sufficient constitute the relation "nicn nave ee'
crtet between M Bowen and the arm OF George NJ WOOD
have been given in evidence and therefore
he proved the communication made BY THIS de-
rSsnt 10 NJ Col TIA privileged commune q
i'm And here this appears the plaintiff has not done enough
- ~ him 10 recover when be has proved the speaking Of
hesr words He has proved enough when he has shown
h, spoken true when their truth L.
not t CD OF proved the defendant He must olrther and
satisfy the Jury they spoken Daou-y niles. tins =
done the stands protected BY rule which ID found
in the recproc Obligations due betwe and man N te
srsirs Of bushes. well Of domestic aud commercial hie
He j. ue.med % have .pon good faith under belief n
hat s. says true. and be Is not Liable 20 a9 action
plaintiff is therefore required further and show nsi
defsrcau. did spak the words good faih oeeSus
10 BE- true. Il has been appropriately said OF
this nature they not TO Dc best with ,cton 10 Shich
When the re!,.i9a exists which have eesenoe'- ~ w.