New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-09-20
NETWORK DAILY TRIBUNE. FRIDAY SEPTEMBER %. 1861

cssd mon 20 exriain. And 81 b said this SHOVE an
inimical and nsfious feeling I. wil be Tor you y
Judge with regard TO tia Hero Is the rtstainens O.
ID. defendant in which be states just wi' 10 'id sne
last what he Thought. Aud the let Nvhhh mas oeei
read Is also before you, gentlemen aud IN evidence
must ely, with regard 20 il, that thin.> ~ yer,
manly and honorable letter. and such rs in ':sses y.
the TART of hin VINO wrote Il no feeling whNn ~!
honorable mind might entertain Still, you No.p'
Judges with regard 10 all that, aud with regard w.
conduct of the defendant the occarons which
been spoken Of; you to say WHETHER 10 your nd
meDt, they Indicate that be WAS actuaIed oy mou's;
OF i'll will aud malice, or whether, dlyee&d OF All
motives Of that kind he did what he did In good balm,
snd in the exeri Of what he thought were his inst
rights without any deegn intent TO nluIe or deise
Cypress the
leave that question of this case with you, gentle
men; your COMMISSIONS upon IL are TO DO drawn from
the testimony which is in the case and not from uuy-
thing outside for upon this particular besd you nave
nothing 10 eu ht-n you except tho testimony when
given here ulon the stand. Finally gentlemen,
have to ray 10 you:
Eight. TIE auount Of damages are In the sound dis
cre,ion Of the Jury they not 70 be- easured by
any standard Of dollars snd cents; that is the Court
has no rule TO give, by whi you 10 be guided;
!ouare the Judges III that 7ct you are The aruitr
tors in respect 10 what -ha DO awarded in compensa
ton Tney Intended to rel air the njury alleged
To be done 60 the aintif, and the pain snd mental
suffering ich lie has Undergone 10 consequence OF
this libel uttered against him, arc lair considerations
foregoing principles the character cobdt on position
sud influence of the respective parties Is to DO taken
into the account. 49,
One party nay be more likely to suffer from libel
than uolber; tor msn do not suffer alike by any
means Men differ ia constiuti and IN temperament;
they differ il their surroundings aud relui0Dsblls Ia
LIFE; they offer ia the position they occupy. Inc
plaintiff is public wsn--a man OF marx am distinc-
lion; man who had orcupied elevated lace IN the
Legislature If the State; and such MIN would DC
likely 10 esl libel With gr-ster acuteness All one
living In q more obscure POSITION and travehog IN
smaller round and occupying "A much more limited
field On the other hand, tue power " the party IN
ured, il any injury has been inflicted may also be
taken into consideration. The position the defendant
U cures the proprietor OF an influential Prss--a
aler aiming Tue largest elrcuallon certainly o
auy pater ON tbs coIinent, aud probably IN the
world. much read extensively distributed aud widely
ADJ r-ciaied aud witch has be- ONE almost public
,.itutlon In the State under the guidance Of gtat
ability il 10 be oOntiJered An engine 81 thls de-
rption Of ccurce, Ia capable Of inie'ng more iuJuy
than one Of Inferior character, smaller eifcuia'
ton and lower tyre Of re-pectabllity. For u an
injury has really been iuhcied, ice Intensity
must b. aggravated by tue high resFects1lhiy
Of he quarter from wheure 10 comes All tDese con-
alteration, NAY be tikcu into account by you Ia ari1v-
iuV at just conclusion in tbs They are all
have fet il my duty Mention 10 you, for do not re-
Rd il M any part of my province TO step out OF ITO
Al in, SIM ls psth which the law bias marked oae iCr
u.-to Law down the law which l suppose enters into
=
wegh and TO toe considerations such IMPORTANCE &c
yom think they entitled TO. Be yourselves ths
udprs A. 20 what shall DC the result oil this nuit
have no .. rsOIs desie wish, Ior purl o. Otber
than thai yUn al all do Jusce eAhct anu ao JUG i0oJ
The co,el for tie defeudan; excepted 10 the fret,
second fourth, sixth. anu eighth propositions Of tie
change 50 81 that portion OF the charge thai holds
that the plud can prove that Other occsEiOns Tue
defendant mas published articles and dOLe that which
Is claimed as evidence Of malice. Also desired the
Cont 10 charge further that 9 net OF Mr. Grtley III
Opposing the election Of DIR. LittieJohn ss ); edAer
al e the transaction Ia question, AMI after this SUIT
had been threatened, canbo' be taken In evidence.
Court declined. Exception for plaintiff.
DISAGREEMENT or THE JURY.
The Jury re,ircd abou, o'clock p. Al ebou; 3
O'Clock n the evening in the absence Of the defendant
and Lis counsel the Jury into court aud stated
that they were unable agree and made some inquiry
of the Court NJ 70 whether he bad nstc ed them that
th. nct was libel The Court reP'ated the propo-
sion contained in the charge radng from his min
mics. and again the .Tnry retired. II u understood
that after the Jury retired man OF their NUMBER
WHO had heretofore been for giving the plaintiff nomi
nal damages refused do co. that the Jury stood
niue for the Defendant two for giving nominal dam
ages 10 the plulnih, and for large damages 70
plaintiff About 81 o'clock the Jury sgsin came into
court and stated they were still unable 10 agree. One
Of the jurors asked the Court IL she Jury were at lib
erty to decide upon tho question whether the article
complained Of was in fact lisel The Court replied
that he had twice instructed them on that point, and
he had not been understood he did think possible
be should now be understood. ThereupOn the Jury
were discharged.
The fol owing gentlemen were impanneled a Jurors
in the above case:
PErRA II. ...Winianstown
SAsuBL ..'....kedhsd
Lsais SslTH.... .......'.......''....IonstshuA
hGEOS SrEyENr...... ..ss.'.'....ss.sOINoL
JoHS X ....Fs1sh
NkLsOS
L. WEEp..................S..-. .Rtchlund
WILLIAM ScKIPTrsK.......... ....-SAndJ Greek.
wALTuk PIKKcE.. ......ssndy Creek
hESkr hnHpALL....s...''.'s
DANIEL b. '...ConatMuA
DKohSH G. PakEKk..........ss..s.....Con staAhA