Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-07-27

LIBEL Surr.-In our last issue, we stated that the
Jurv in the suit of DR.. Gayle vs.. DIR. Shanks, for
SANDER had rendered verdict for the plaintiff Of
81 damages; and that as it was case of some i'm
oortance as being the first of the kind ever tried
IN this city, wocld endeavcr to give the
usrticulars in our next issue. From a source which
we deem reliable, we have gathered the following:
This was a suit brought by Dr.. T. c. GAYLE VS.. DR.
L. Shanks, for libel, laying the damages at $1,000
for statement made and published, by DIR. Shanks
| of an unaccOuntable mistake made at DR.. Gayles
Drug Store, in filing prescription in December
1855. DR.. Shanks published in pamphlet of some 40
pages, "A history of the origin, progress and eYten
sion of the Yellow Fever in Memphis, that fall with
some account OF its symptoms, treatment and fata-
! ty Near the conclusion of the pamphlet, he re-
ported all the eases he had treated that had terin
ated fatally; and the circumstances connected with
each OF the six fatal cases reported The 9Th of these
cases IS reported as follows:
1.-The 9th was a case of medium violence IN the
attack but the prescription of thirty grains Of qui
nlne to be taken the second morning, put up at
Dr. Gayles Botanic Drug Store and instead of three
doses OF quinine Of ten grains EACH near drains
(IZ0 grains) of Acetate of lead, with a small pOr-
uon OF quInine, was put IN one paper, of which she
took from forty to sixty grains IN the morning, in
two doses. No impression having been made by the
quinne, and the stomach having been unusually ir-
rlable led 70 the discovery that she had taken the
wrong medicine. To say tn least of this unac-
countabe mistake in filling the prescription the
stomach was Irritated and the day was lost with |
fever the fourth day, attended with much |
complaint of numbness, followed by copious black
yomlt and death, the next day."
This was the whole matter-the foundation Of the /
suit for libel. The was conducted with ability
By Nj. Currin AMI Col Payne for the plaintiff. and
by Judges Brown and King, and Chancellor Scott,
for the defendant before an intelligent jury.
Thelaw was fully presented and discussed during
the two days occupied with the trial The law. in
the case Of words spoken written orpublished, that
are slanierous, or actOnable lI-el, in its gene
raj principles raises the presumption Of malice; but
TO this many exceptions are made; giving the right
or privilege to utter publish words that would
otherwise be actIOnabe ibelOus the reason of
this seeming to be that the occasion-the circum-
stances, the public morals or health or general
good Of the community, 20 be considered IN de-
Gliding the hbelous character of such words.
This is obvious; for in ali other cases, the
law presumes man to be innocent until he is
proved to be guilty whereas in case OF libel the
law raises the presumption of malice, and therefore
every principle of justice authorizes the cOnsidera
ton Of all the facts of the and the occasion and
which gave rise TO it, as VindicatiOn
of the accused against the presumption of malice I
raised by the law.
In the able prosecution and defence of this suit =
the facts stated in the pamphlet have quoted
them proved, it is understood to the satsfac
ton of the jury. The jury is also understood to !
have been satisfied that the publication made I
FOR the public good and the statement made of o
the unaccountable mistake at DR.. Gayle's drug 3
store, deemed due to the public i
Now, as the object of the Law and legal decisions )
to preserve and promote the public good the in
JURY may naturally arise, why, in this case the q
ury should first bring ii verdict for only ten cents
lamage, and then, upon being informed that less I
han noe dollars would not carry the cost against the
Defendant should amend their verdict and bring in y
IL dollars TO make the defendant pay the costs a
understand that the jury furnish the explanation:
hey were satisfied, from all the facts and circum II
tances of the the case of the innocence of the de-
anQa0t but the instructions of the fOurt the !
pinon was expressed that DR.. Shanls had not the e
egal right to make the publication. This seemed y
D make the imperative that damages should be as
essed, and prevent the jury from deciding, it is
Understood they would, otherwise, have done, that
le case was not actionable. Z,
The damages being nominal and the defendant h,
aving been yindicated, we doubt not that he will a.
It the decision be final, although he may believe
nat the case was not legally actiOnabe.-MemphiS +
inquirer, july "a. he
THE YoUNG MEMS MERCANTILE LIBRARY AssoCIA
oN.-We dropped into the rooms of this new and J
lterprising Association, and found in its already
Established Reading Room, long wanted institution.
ost of the well known papers of all descriptions, AZ
Official literary and essentially business CONNER 50
al sheets are on fle-and as rapidly as they canb
ill be added the magazine literature. The library W.
not yet fact the bookcases are not yet made,
ut from what we can learn books will be coming ac
to fill up those ordered by the time they are in IS
leir places. Donations offered, and val wi
able ones. The Board of Directors will soon ap- =
pint committee to call on the merchants and all r
no take interest in the best institution a city n
IN have, and procure subscriptions for the sole -
lrpose of investment in a well selected Library, r!
hich will prove an investment of paying kind t.
cannot regard thing of this kind elemosy- 81
ry in any respect The institution is feet;
has members sufficient to pay its way-nearly IN
70 hundred, and additions constantly making. But bO
put library its shelves of kind to reflect p
edit the mercantile profession and the city in
aid is wansed. We predict it will be given tie
eerfuly. USE