New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-09-16
THE LIBEL SUIT
PROCEEDINGS I'm THE CASE,
The Evidence, Pleas, Charge, eto.
SUBSTANTIAL DEFEAT OF THE PLAINTIFF.
Continued from The T,i0u.e Of Sept n.
OPENING FOR THE nppp,,sD

MI WILLIAMS sad: If yonr Honor please the
plaintiff having offered proof 10 take this case ont %
the doctrine Of privileged communication wo u,;.t
that cause Of action is not made ont on the ro,
the plaintiff understood the counsel on ,ba MIR
side to put their claim to open the case upon the ar.
tbority Of the case of Fry and Bennett which WAC %
the effect that where the plaintiff must give affirmative
proof of malice, he is entitled to the opening To tia.
we accede, as proposition. The plaintiff took the
case, as we supposed to give proof of malice We in
ist he has given no such proof thus farwe therefore
move that the complaint be dismissed. We also move
that the complaint be dismissed upon the additional
ground, that upon the face OF the article ITSELF 70 bv
law privileged communication and therefore not
libeOus. And also insist that UPON a fair con-
struetion OF the words Of the publication il contains
no hbelons charge Against the plaintiff personally but
IL only fair criticism upon the public acts Of tbe
plaintiff. We say it is privileged communication.
and then We say, whether privileged not, there
no charge contained in the words used that Is libel
Ous of itself. T
TnE CoURr-I will rule first that /. /. not a
privileged communication, and second that the terms
Of the publication do import hbeous charge per-
sonally upon the plaintiff, and, therefore, it is libel
Gus Us to him.
Exception taken for defendant to each of these
propositions.
Court adjourned to Wednesday.
WEDNESDAY,. Sept IL, 1861.
Mr.. wILIIAsfs'S OPENING FOR DEFENSE.
Mr.. WILLIAMS in opening for the defense. said:
May 1t please the Court, gentlemen Of the jury; 1t
becomes my duty on the part of the defendantto state
10 you the nature and character of the defense and
to state TO you the substance Of what we expect to
prove, and so to state it that you may be able IL
possible as the testimony gees on, step by step to
apply it to the yourselves and to fully appreciate
its bearing. The latter is undoubtedly the duty Of
the counsel who sums mp the case, TO explain the
bearing OF the testimony upon the various points Of
the case. L. il, however, well enough for the
sci N IN apdea To. 1iava
much as possible; and it condaces 70 better under
standing Of the testimony, especially if IL be of
Intricate and circumstanal character, fully TO explain
1t 70 that the jury may comprehend it and apply It TO
the case as the testimony proceeds
You have heard gentlemen, from the counsel for the
plaintiff something of the nature of the case; he bias
told you that 1t was an action for libel, brought by
MT, LitIejohn, member Of the House Of Represent
atiyes OF this State and the Speaker of that House.
against Mr.. Horace Greeley OF the County of West.
chester one Of the editors Of The TRIBUNE newspa-
per- for an article that appeared in that newspaper
the 10Th OF September last. Mr.. LittejOhn, he told
you, at that time was candidate for reelection 10
the Assembly from the list Assembly District Of 0s-
wego County. And while lie candidate, he
has told you that Mr. LittleOhn bitterly and vio
lently assaed in his personal character by an article
published Ill The TRIBUNE newspaper.
The counsel commented upon that at some length and
they have given some evidence Which suppose will
be claimed 20 be evidence Of malice the part of Mr..
Greeley Ia the publication of the article complained Of
The learned counsel spent few moments Of bis time
in speaking of his client. With the character Of his
client, gentlemen beg leave TO say here in the outset,
in my ud gment we have nothing to dove have moth
ing 20 do whatever with the private character Of Mr..
Itejohn. That has not been asssied in THE TRIBUNE
newspaper in any way OF in any form as understand
the meaning of the article CON claimed of. Whatever
Of good Mr. Lalejohn may have to bis private
character citizen in your mifst we here with
out any motive TO assail tive don't propose 70 assail
il. Whatever may be his domestic virtues, however
strongly may be attached 70 him his personal friends
and folDyveYa have word saw of thai
We would not abste the 1.-THE OF hair from any good
name he may have wOnn this community by private and
domestic virtues The learned counsel ALEC commenced
In his opening upon the character OF the defendant
Thought the gentleman went aside little-I think
little unproiessionally asidco gay something deroQa
tory to the defendant. lie spoke Of his being lobby
member OF the Legislature and Of his having received
brbe while member OF Congress.
Mr.. MRsn-I did not say he received bribei /
said he was charged with il.
Mr. WILIiNs-I thought il little unprofessional
because Mr.. Greeleys character is not trial here.
The learned counsel told Won that Mr.. Littleohn's
character trial here. lie certainly will not
pretend that Mr.. Greeleys IL. II he expect ~ get
verdict for damages his damages look in to
an indemnity for what he has suffered You should be
indemnied for the harm you have received from the
publication OF libelous words. You know that if Q
man without character raduces YOU Il does you bui
little harm; if man who takes brides hbels you IL is
comparatively harmless but if a man. lofty in char
acter and pure in motives assails you il does you
more harm.
1t is scarcely in the way Of the counsel. Yet do
not complain Of it il the counsel thought II his duty
but am not here TO vindicate Horace Greeley, nor
apologize Tor palale amy act of his lie He needs
apology, no paliation, vindication from me or
from any other living mani That feel, and l leave
II there. IL is not unproiessi0na gentlemen for coun
rel assai the character of their antagonists when it
become part of their case when il becomes In any
view important they should do 30. You know that
we lawyers, when we get up before Jury, are
John, for instance, here before you and the law win
protect me- which, II said in the street. might be
liable TO an action for damages-perhaps to mprison-
ment-for saying do not complain that character
should DO assied when il is necessary to do so but
when it is not in sense necessary have observed
that the better part Of the profession avoid it. and
have thought rghs to say thus much TO you because
there is always something due to decorum which NAV
not safely be withheld.
The learned counsel told you gentlemen, thai, when
Mr.. Littlelohn was candidate for election TO the
Assembly from the First District In 0sgego County
article appeared N THE TRIBUNE newspaper which
charged him with corruption as legislator The
words were these:
correspondent earnestly inquiries our opinion concerning
John At Oswsgo aud OF Austin Myers at syracuse On this sub
ec opinion has been o expressed that be In
Sf oS Ss Re 1a' SSsS, e.
be defeated Or Il they must be seui back to pursue their
Albany IL should not be the work of Republican
That is the whole OF the article 1t is for publish
ing that article, or for its being published in TIKI
TRIBUNE newspaper, that we are here to-day. Gen
tlencn it will be part OF our case undoubtedly
der the ruling Of the learned Judge to show that Mr..
Greeley had no malice against Mr.. Ltlejohn. DO
think the article It's face implies malice As Iun-
derstand it, Gentlemen MIR. Lttlejobn and Mc Greeley
had known each other for several yeaFs-perhaps for
many years. There had never been, 30 far as am
informed the slightest misunderstanding between
these gentemennot the slightest feeling whatever OF
any character unknd or unpleasant in its nature.
don't think that Il will be pretended that up to
the publication Of this article anything ever appeared