The Portland daily press., 1863-02-13
The case was opened for the pltf. on satur

or and subsequent to the publication COM
planned of, raked up and read every allusion
to Babson that he could find, in order to show
the animus of the writer of the alleged libel.
Mr.. Smith was vituperatve, and poured aper-
feet torrent of epithets upon the head of the
def. for having so roughly handled his client.
Immediately after he was through, Mr.. Gould
came to us, and while holding one of our
hands in one of his aud resting his other hand
upon our shoulder, apologised for the offensive
personalities of his colleague expressed his
total disgust of such procedure, and assur-
ed us that we should hear nothing of the kind
from him. OF course we thanked him, and re-
marked that we had never supposed, in dis
charging his duties as an attorney, he would
find it necessary to forget that he was a gen.
tleman. How well Mr.. G. fulfilled the expec-
tation he created, those can judge who heard
his closing plea For an hour and half he
poured out torrent of words, the character
of which may be inferred from the fact that he
is a perfect master Of inrectire.
Mr.. Clarke was put upon the stand, and tes-
titled unequivocally to every material state
ment Of the article complained Of; and his
testimony showed that the statement pub
lished in the Times was actually more mild
than was required by the facts. Indeed, the
plaintiff himself put into the case in evidence,
printed article of Mr.. Clarke's in which he
said in express terms, referring to the very ar
ticle alleged to be libellous, 81 deem it proper
ito state that the facts as set forth, although
"couched in much milder terms than the actu-
"al truth tcarrdnts, are Substantially correct"
Babsons offered himself as a witness, but
was rejected for incompctency under the stat
utes. His counsel-Mr. Gould-wanted time
to look up the law, and delayed the proceed
ings a full hour while he, his client and his
friends were in the library. On their return to
the court room the Judge, with mischiev-
GUS twinkle in his eye, asked Mr.. Gould if he
had been to Augusta to get special act to
meet the emergency!
Witnesses were called to prove the peace
able character of Mr.. Babson, in order to show
the improbabity of Clarke's testimony.
Mr.. Babson was ready to swear so said
his attorney-that Clarkes testimony was to-
tally FALSE that Clarke was the aggressor, and
while in his Office, and yet J. c. Snow-Bab-
sons principal witness, who was at the time
postmaster of Bath, and had his name with
BIS on the notes referred to-testified that
Babson went directly from him to Clarke's Of
fee, that when he returned from the office he
tSnow) took him in sleigh, carried him to
Brunswick where he put him on board the
cars, that towards evening he returned to
Bath, and then Though he could have talked
only with the plaintiff about the affair." he took
pains to find Clarke, on purpose TO look at his
eye TO see If IL bore the marks Of riolence,-
1t was rather a damaging question for the
witness friend, when he was asked why he
violence, unless he had first been informed
that blow had been aimed at that eye! He
evidently had not well studied that part of his
lesson.
The case was argued for the defense by Mr..
Hubbard-Judge Ruggles having made the
opening and for the prosecution by Mr..
Gould. The former occupied three-fourths of
an hour; the latter just double that time
Judge Dickerson's charge, which was able
and felicitously clear, will be found in this pa
per.
The Jury retired to their room at a little
past six, Monday evening, and at eleven
o'clock the Judge and Counsellors were sent
for, as the jury wished special instructions
After receiving additional instructions, they
soon came to an agreement. At the opening
of the court Tuesday morning the verdict of
mot guilty" was rendered. Exceptions were
fled also motion to have the verdict set
aside and new trial ordered. Mr.. Babson hav-
ing signally failed with jury made up in part
of his warmest personal and political friends,
we cannot see what he expects to gain should
new trial be granted.
We have extended this article much beyond
the limits intended. The suit, with another
similar suit brought about the same time, by
another aggrieved politician of the same
school, was doubtless intended as one of
the agencies by which to break down an
independent press, that stood in the way of as
INSCRIPTIONS set of political demagogues
and tricksters as ever dsgraced party. The
Times was in their way; did not fail TO ex-
pose their deviltry, and to put the people on
their guard against the measures intended to
deceive and entrap them; and 1t was TO crush
out such an obstacle to the success of their
Vaccinations that this and the other suit re-
ferred to were commenced. The other end
ed in a non-sut nearly two years since, and
execution against the plaintiff, in our favor,
which paid our lawyers fees. We have no
fear of the pending suit, even should a new
trial be granted, which is not certain.
1t is too late in the 10th century for the eff
fete otiice-holders of an effete administration,
to succeed by the jury box of an enlightened
people in breaking down press that has fear
lessiy thrown itself in their way, in behalf of
popular rights and the unbiased exercise of
the elective franchise.
sBrOn the first page-Judge Dickerson's
charge In re Babson Us. Gilman g. al
-D-On the fourth page-Sipshod Verses;
History of the paper Makers Association"
NFIate English newspapers have been re-