New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-09-20

UHTtlClpHIcO III Ny bsOtD tlu6' l.
marty sunp0rte/ these measures there are 10
therefore, wb, any through pre-
opposite ~ ry should swerve one lo,a Ip o no
discharge Of bis duty here thew passsd there acs
then 80 Derosrais OF that Legislature are also cor
rup, becsuse they united with them, ana the votes
sb Nv that a Daiorty OF both p"nnSi p"fHeS piipa
s ID in the vote in favor OF these tliiS'
sbaII sneak 10 more upon the question whether tbs
s,icls IL lbelous or not; shall leave tho Court to
protect ITSELF if any protection ID necessary, against
the appeal rom its decisi N to You. nave ITO uouo'
but H., az bis Honor shall charge you IN this respect
90 Won will find. IL Is the province OF the Court 10 do
eide whether upon its face q Ia article In hbeons or
rot, ard IL is the province OF tie Cont 10 49, lde
whether upon the face of this whole arucie " ID prlN-
IL g.d one; taking into the fact thai tpe de-
fenGant is tie editor aud publisher OF laF.r; aud
upon these two points tie COurt hss SOL mIS decided
anu trust that from that decision there DO appear
until after lis trial Clnsed; and then ue e9usei
think that wrong has been done, they can appeal TO
higher tribunal and correct the mistake, II any mas
been committed. l SHALL astuue, therefore, 1or inc
purIoses OF this case that this article II hbeions ana
NV next proposition H. that being hbelout AID not
prove 10 be- true the law iners malice aud tnai INFER
ece is not to be refued 10y the testimony o. Ar Gre
ley hiWseh mt rely giving wi al bis Opinions am nlT
views Of The motives which actuated It's pIph'l,
zion. We have rad TINS strange doctrine promulgated
here, that by reading other ARTICLES from lHE iRbUNL
in TIL. Gaze have taken them as oar testimony so
taken them to be true. Why, gentlemen, II tins "ele
in a court OF jartice, and II tts war not grave
a,es ION between citizens OF st Hding ala cn A'-
ter tiis would be farccal The utmost extent. UPON
came theory, fhe r,ai Of Tie aiii le lsei o. our
p IT would be taken evid nee III ito truth. These
other articles gGnsa lie only Tor one single pu
poe: fr the purpose Of showing the itent with hch
The defendant made these rharges. They hre gwen ~
evidence TO char that inent'and 10 show De
sctuated by express malice or not lhey are Rl'e"
IL evidence leg lily given Ia evidence, "ltn tne
baton OF tie Court lbe purpose OF showing tnnt
ere persoua attacks and charges were con'nueu w
the de eIdau. lie did not e,t upon ohe article lhs
Article in gu. son ere but he preceded 1t 10y one OIL
the llIh Of September, which he made cunBo a.
outrageous, against ali Who voted for these b' AZ he
usoe agsiusi this plaintiff nltbOngh IN his article IL 10
10 equally made 10y name, except 10 !Ii'e INC nAu'
IL H., st of those who vote for certain biis lie COM
| menced them before Mr. LurjUhn was n nlDattu
bot he commenced them doubtless when be exIe led
that be would be nominated. This hrst article wa
prouulg .,ed in The TRIBUNE on the nth OF SeI'em
er, $50 ard on the th OF the same month the coh-
s'Ituen,s Of Mr.. LittlcOhn Te-uomihAied Ilm uhhh-
nOusy TO rel resent item IN the Assembly. Dld nc
stop there On tie Sth Of October or before that
tine he received q Letter from SIR LitleohD mol ar
ug u a, it should published but letter ceny ing Ia
the s,l,mD manner any participation III any cor
rupt legislation OF any des,Iii ton, and calling uioh
3 i'm, man has to call upon another whom
he links mss done i'm inJus q, TO review Se
and whether il does moi hecoue him 10 ms no cone
rarepA ion in the of ecantaIion lanHlOn but
tohis surprise he 6nds that letter IN hk TRIBUNE
"A les days aiterward, mpanlsd with COMMENT
tie signature, tie ii lalbOI Horace OftteNl '
c." which were more offensive Than the other libel.
Mr.. WrLLnss-lhst paper has not been put IN EVIL
den at ILL.,
Mr.. SEDGwIcK--We proved by Mr.. Greeley that he
published such ali article.
MIR. FosTER-Ihi. ia on a question OF malice, and
we prove by him that he published that letter; that
he PM lished il with comments over bis own inial7
hing TWO occasions to follow up Mr.. Liz lejo II, who
had in friendly manner written him letter not IN
! tended for publication.
Dir. WILLIAMS insisted that the letter was not In ev-
| iderce.
| Mr.. FosryR-Nobody claims that the contents ere
ia evidence; We claim that be admitted the Cept Of
| such letter, and rutlisted II IN IHE TRIBUNE III
those menls u.t and proper, 1t was hls duty
| 10 rave Pat them in evidence.
| Mr. PORTER-l very reluctant 10 interfere WIN
coDnel but trust your Horror will say TO The Jury
thai have not the right 10 give 10 evidence tie
| d,claIstions Of Horace Grerley.
| Mr.. FOSTER-Tley had perfect night 20 Introduce
the litter Of Mr. LilIleohn ~ Horace Greeley aud his
| reBpOn. 10 It,
| MIR. WILLIAas-Could we introduce the paper
Mr. FOsTrR-You cOul1 init oiu e the litter aud the
paper. Wsll on the Goth of November Horace Greeley
writes Lever Mr.. LitrejoLn ia reiereDee 70 al ar
ticle Lich lie hue published the 2}d Of October
an article ID wbicbS be admts ihot be charged upon
| him in SUBSTANCE with having been indicted in
| neigbboring Stale lSr crime.
Mr. Porter sab, lifted that they not at liberty
| " use pa,e is not Ia ey1deI ce.
The Cot at ead Sne letter bad been put In evidence
MIR. Eos. EK-ItEeems from this letter itself that
previous fhir in aud after the publication 70
WI ich GlluR HUIa Greeley tit To 81 arge
the lintiG with ;ig heen indicted IN foreign State
for crue. He lrsssses IL this letter TO have obhiiei
thelniurIna iOn-vf ich he aduls was uac ufa'tirom
| Mayor w 1twurtS OF Chicago, and yet lie swore Oh
tie stand hat he 4d not n Mayor Wentw nth for
long time and IL ne obtained the information W ich
be bad in FHl OF 1853, and then did not
tain information from Mr.. Weltwott; that u Iu-
dictmet agasst the plaintiff IL tbis case. Bui be
lett you 10 sup tie from his tesiim ny on ibe stand
| till We eio-,-exGusned him. that Mayor Network
| nd ted tii- Hfe Il OF tho
correction Of Mayor Wen worth, why, be was willing
to correct the mir AXE uDder coTtaiC circum taces, yet
say, il turned cit on the Greece Snnin.i1n tit lac
bad not Mayer Wentworth In the meantime, frum
the lime tbs aItcis published till the the be
pIlied 10 Tor nsIacti % VI IT, ami thai 10 tho "H0JL
letter." IL is 3andalOus letier, degrading 70 any
man Of cilaradec who would WI o it--Hti'T y ne
g,odlnlI rs)t who 10 is what lie Is, or what
bis preteBiOls arrs-utterly Degrading 10 him
Of honor And * wanted TO show that Horace Gree.
| ley wss stepped E malice toward Dir. LItIjohn, lie
has furnn1ed tie Post rrera4abe evidence Of IL in
I is letter Hebss state OH his oath that he never
had inforu atun ct DE Win T.. Lttejohn had been
indicted " that requs ton bad been made by the
Governor Il anotlSr State the Governor Of this
State Tor dis SGiOD fugitive frOu justice. Yet
when caei upca in manly terms 10 Ct the
Il gill %; 70 ID SAYS upon the condition that yOn
i'll con els that shall Islander Mr. Fitzhugh, Of
the mort lobOrhb In ILis country. What reason
on earth ther shy Horace Greeley should say
IL bic psI sss mistaken 10 the arti le charging
MI. Lit,syObn sth having been indicted; II
I funded a. e,u u ns take, and withdraw The charge
WI at rieE hal * impose upon Mr.. Littejohn that
be should re pE'y wi b him Ia al asoart upon his
friend, Dir, Fifth 4 b IL that the way do
Islice aiS Fe,aS All injury 70 bin I He calls Mr.
EtzLugb 10 thes have 1t brober-in-law; they have
col led il VsOng &iber-in-aw. That shows again how
reckless bad caf be is In bis statements, well
il lis letters sng In bis arti les Ia Tx tribune.
We all knew theT not the sh htest relationship
connection betw'tH them, except that Of business.
AUD II j'n usss d by hb,ler, ard when -atisy
biu. End he is Esed himself that be has iibeled ma,