The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-02-26
Court OF Common Pleas.
Before Hon Judge Daily.

THE RELIGIOUS LIBHL JUSTIFIED.
ia this Gaze proprietor OF . religious paper called Il
CUrcAnd,, and the defendant 10 proprietor ., another
evangelical estabhshment known a. the Cssreh Journal
IN which the follow nx arole sp scared Ia Nov, Is5s:
Mr. Hecher has been chiefly his su,oess
the -four ano bAng business and for his ge. failure 10 hs
grsvated long mis- other calling supplies HIN with
hsss I'm s sn as entails soSns bat S os sC !;
character and cash and Lameni thai much o. and
Ton hsspensabe tn conducting church ospcr
Should have said ,s n1sh long ago as an ten Of useful
depieesng ooemporary W. Rave looked upon - orsic
ic and Expressed by may others paper IS
se;'l5g 10 DO more and more pTolse In .s.in
dalous Of the be aud among
shoSid be meS when The siassr q ne ~ ps
g p,oceed only rom Gnstncaes dealer ia cereals snd
opinions bcse his employer tie s0uorous noise power.
never curdc the MT Of human Sindac.s IN a breast O. any
reasonable I'VE understand that in order replace
sS@SsS Tho Prppso Mr. catering ssfs ao pc s
ncd OF action In The blactiag business"
The defendant admits toe libel bu, justine, Il on tho
ground Of ne uath and sets up that gas ia ns~er 10
article previously puuiishit IN the PLANTERS ne per
r.Gec log with great severity the pastor OF Al sants
1he pia:ptn cAims ", 900 damages: the case. which
has beer re,errtn 20 before has eiSs. daJs trial
and was ibis morning submiued 10 the jury.
The Court In charging the Jury remarked tina, though
tbs uai occupied great deal o: their time, the Of
The case lay In marrow compso. !. vas sopoa 70
ChsTch Josrrdi, which oc ed the pian,i AID the
payer Of which lie vas proprietor. u tina. article reecis
on bis ability and the nanagemcn, Of his paper Gas
calculated 10 degrade him In tho nunty woad be
llbelloI, II Ia not dcnied bv tac desensNn. that ~
hbeleus but the defence Sc; Up 10 that IL tree The
ouy inquiry for the Jury Was whether the article
paned o. wa tue; true, teen tnsve ~ and
case By the Of this Stats man ID rsppSusble for
uitrpg The truth. howere~ se,isns the puslcson may
be 20 the party alluded 10 In srch pecunIary
damages can be sustained. Toe inquiry, therefore, is
vbs.her the srtcle ~as tire ~ vtoIo ana " MOI true
~ . vhele, whether vas truo 10 part. which would
qransJ and mitigate The amount OF dsuaSs II "a pox
Questioned presume that this article "a 10 All
Ms alegsiions; bet eel thea % trvc part ana
that The Justification shoud be brna, % Tie charge
made. The artiote c7mpiared Of begins By asssor
10 ire AaynS tsa he red area, spcoess tn tos
bshipg business and his "a are IN toe newspaper bus
The srsOle mar be divided ,ato vhst mater Of
tact spd what 70 inference on tie rsr Of tho writer bus
the jury you'd PASS upon he alacsum whether the
pairun was not successful 10 his paper whether he
wanted capacity 70 conduct II ~ss . mare matter Of
Inference. and whether likely 10 be sgsrsvssed
by tsyipt that. sho be prospsyocs In o.bcr oua.
ncss, Die YcrtevoTirg seSshT Ia csuse ts1 sotas
thing bot oss :, character aud cAsh. II 10
say whether this inference the iudgc CHARGED
the jury ~ great itasn reviewing the with vch
mnutcoess. ne tbsu read abevsoas from tac vcry
hnetoS article which appeared IN the p.aut,ns pepsr.
and which II 10 pleaded. he article coppisued or vss
Unstable reply charged TIE oi the parish OF
All Saints With being nesiect0l Of bis uss thai be vss
MON Sunday; ,sss the children Of Toe pss.sA were IN
cared fo- aod tbe acs uDaus pdc< to- In Q vord that
the duties Of nj, sawed ccc ps~ected by hiu aad
not throush nre or shsscoe from NE ry The Iuaxe
LEFT 70 TIE Jury 10 say sov hy The Article complansd
OF v0 ustBtd by Tho one winch appeared In Hscssr,.
paper ana IN oonciusen be rod from an opinion OF An
Fnssn iaris (karsastdl, vho rays that II nan s Ia
grace o. hsyrt been hiseif nbee ana 10 not sntstIcd
70 thai oons darator ~ he eure1y frcc rpou b,a
vesdci jor plaintiff six ocsss.