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

yb1cb was srrved III on the tforueyA Of Mr. Little
John by the ator.y Of the defendant You will bear
Ia thai all this an Is shut by the Court,
except the second and fifth answers, Que Of which
ns,es The Charge s fullest extent, and the other
states the same facts in mitigation OF damages And
the changes have been here BY the counsel that
he ha. moi charged Mr. Li,ileohn bimself with cor
rup,ion but thai he voted for there bills which were
eorrupt and that he has been prninrn In this cor
rupr legislation and that he never meant 10 charEe MIN
ui'h being corrupt himself evil rec In NON III,
If there l. any value in language, If he has not 80
| CHARGED him. lie has not only den ed him any ~.
traction bat he has followed him into Con here, and
LACED al on The records Of the Court for all tine ts
o,lciOns and defdmatory char.e, and put u III I've
broade,t language wbih no could find forat purpose
| TIE counsel have talked about bribery, and have
called your attention the fact that they have not
charged him with that. Bilery and corruption are
two different things-tbey not synoDoinous terms
There is corruption whrre there is bribery, bu there
n,y be corruption in dozen Instances where there 10
no bribery. Well in this s'co"d ahswer he goes on 10
erpnne ate thee four Rallroad bills, ad al US
bill III relation 81 the West Washington Market ana
he charges that they corruptly passed Ihen he
TIA. the ,Ad plaintiff in fact, .cye and p'Tineh. IN
by A. oth. acriye eIertrd himself to procuring TIE ps.
.S 3. Of a. ss ..d ho. therein
,ge II the ssms publ y and pysts, so ga Of as usss,
to Zach said the '1id defendant 'ay' TIA: at 'h1
pn,ia he zane zinc. hath been and l y OF
s.Ss., highly s. 20 s the tune be- the
lid pan,ih % voted be- The srd pailh ~"
L1ss aid fully believed such to DO tho evil ana
direct charge Of corrup,ion aud he voted for item
belle and knowing that they lad this tendency Tor
And a. he also well knew wa, bound IN law .nd mora'
b, ii. duty such member Of Asnoy to vote against
the same
Charging him with ing that it was lis duty to
vote against them
YET be- the said plnrtr -cisdy. wiiuly and couuPty
disrrssrding bi. said duty IN that oshsii'
No p-rsobal charge here, my learned friend
Mr.. WlLLIAMs-AIey you trying ms Oh tie answer
Nr. FosTEK-I am tryiGg no motive now. am
Showing whe,b.r You have furnished evidence by your
jusiih, alton of express nslice. That Is wIst j AN
doing aud usi nm succeeding with all who Can
iirien abd weigh patiently our own aete aud dongs.
Mr.. PURTEH--I presume my friend does not mean 10
m-stut- us but il 10 10 US that We rho III stae
our exact tliiOn, which he s.ems 10 mis under-tn MI
said tie articie did charge lin with corruption,
but the complaint alleged thst we did charge CORFU.
riun aud in the answer did charge II 10 The broad
fora bot We are not Prosecuted Oh the answcr ouI
on the article.
Nr. FonER--And there 10 no principle by law bet.
settled than that when you pat In afge III yonr
jurlilcAiiOn that charge O tho record Is evidence
aga in-t you. But what dilemma do they put Air
Greeley IN here; he swe,r III BIS ans yer that ne do
m, an 20 clarse him Win corruptiIn
with the dishonest uIsBt and po.e Of Working 'uca
pend- the interests ind wear- Il the aid gsoi, and
. as ,' 10 S 81. do vs Tor Hc6
Aforesaid; said pls nhs moa'e 4, 90 sinlJ .na cor
tho Fer.onf .hd individual tsr,o Jane. b. Tsylr and
% s' s. ;1S d oS. s o,. %.o Si bis ave-
IN hr 30 10 sdVsne. TIE eisoha ao
and Of dvss other PsroO' n,rs,,si IN said acts
I'.ce Is . q. ," "iI b d iIG his article
with pu,e motives, aid believing Il TO be true AID
nos we have ills other aDd very strange con- fusion
u.ked for by my learned riendtbar the publisher ~
n. ws amer II lie chooser TO step sidr allow
Ia In hia and theu rhli X
,ponsillity BY oming into Court aud swearing u at
b. h,d no malice when be pnblirhed II. Tiet. J. no
principle be.r settled, then TIE Usher is just as
mil, In such case a. Il be had wrir n il him elf
Bni the lean ed couns who opened this Gaze laced
ei,ors on a level with common car ers, and lh,i ted
that they had duties TO perform, thai they bad duties
a. the public and II they even Suspected VIZ ns they
were bound 10 let il be known il they heart any
q iug wro X they bound 10 tell It, and II they
kn. uuyibing wrong j. rh'ir duty 10 disclo-e H.
Tiny should have taken the oth-r de OF rier"'
duty carrier is bound TO carry all the articles OF
who ehoose 10 employ bin. But there /, another
pi,i le--he must carry them st, ly, Ind tie law
holds him rsporsibe for any negligence On bis part
He IL re- pom ibl 10 the Owner Tor any A. by robbery
or then from outsider. How would my learned
friend like 10 lav. that pnn, iple applied here The
editor l. bound, II lie stands Oh Jar with carriers, 10
that bis pSler does Lot tradnce siybodyi he !,
bound 10 rec thai the erests Of individuals, NJ well
NJ the public interests romui ted 20 his charge II don't
know who committed Ilem, but su pose they arrl are
carefully protected and that J. al wed u be
d,molsh,d by TIE strong banner OF Tbs TRIBUNE
Aud more er .eisy, like tue mmon ca rer, sho1ld
be DO Louud - 81 rob the pack0g's h'msU Til.
man. who Lp oil these public al private An' nGi-
vidual teresis ia his ban, shondlpok 90 i that he
DIS willfully damage them hinreli lie mi-t 70
conduct all bus HAT Ii iurustoi 20 him h this
nlys eious have everything 10 raf' iy 70
iis defamation The common carrier IL liable fo' loss
by trp fire without bis aul; lac il bound TO project
il gsinst all hut the acts OF the public uemy and see
thai all arrives safe AID 10 good coudiio st It's place
Of destination. let my learned friend, when he
the rights Of common carr or, assume also
bis du and 10 erhly no, 20 turn robber OF pub
lie or private character bimseh Gentlemen, want
70 adoIt portion Of my Argument upon this point
the language OF VITO has had tune 10 coude re h,
though- aud 10 -eak In torn much more ELI tiled 10
credit before jury than can ho given 10 counsel
summing up a ,s,o before jury. II Rciioa
for libl iurt editor Of is county for copying
from smother pa.er article, aud pubi-hingit. ihe
counsel read from % Hill, 5lJ. the opinion VI Chief
Justice Nelson.
Yes. lefc+o these editors and publishers can claim
& exception which Is claimed here, they must get
statute passed which sa sipe out the provitiUns VI
tn case and he conclusion Of the comm, law
hen thai day all arrive that any free country o.
earth allows The rers take the private morals Of tho
country into their hands snd in eIr protection then
farewell to I'll that desirable 10 the condition Of MANI
for dee. otsm would be 30 Calling Ion Cannot hgh
pga II The pTeas, you have standing place What
can diyidual do against thu editor OF TIE TRiB-
Us,1 Where eau be lind place on which ~ mee,
bis attarksaDd bow he continue the bat 10 ~ als
hmf La such u conflict be wouh be inevitably
worsed far Appearances payer concerned.
An editor has all Tie apI iances snd TO make
his warfare efrciual and continued
Now take the ides II you please, that Dir. Greeley
knew not ing of this article until il published
that b. had mott Ing ~ do personally with having II
iner ed ia his paper; how stands his snsw er which he
usk.s under oa h. and where he ia express terms all
ns that be procured IL 20 b. published 10 his paper
Le, the COUNSEL rr.oncile these things II they
They should have doue il they along ilrlead
OF trn, alinp onl nf tbs ca continually In my iunn