New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-12-14
Thn WosS Libel euis.
nndo1DuGy COyIRT-- Crn1UY>-PknT U--DFo u-b<sVi
Jodse MAsaR and jury.
NoSvle sgsT bufOW Weed.

JoSse Mxsas and . jury:
George Opdyie sss Tburlow Weed.
sIhis case came Oh for trial to-day. Inc 'Uuft
sssm vn quite fol-. David Dudley Field and Judge
x,pott appeared o. counsel soT the psantn. and "m'
II Eyarts and Edwards PerrePont for defendant Ine
Allowing Jurors were impanneled; Charles j. Corneii'
Deyman CusAman, Thomas wsrrcn benjamin way
Rasna, !. Wes.eryelt Marcus KlingeY. Eans j. Han
sop WIN. Holden, Henry Harris Edward ID soa'naa'
Jsbn Drinker and IA. n BaIL
4SrepptOriH-two by each party
Mr. Pjerrepont moved that the Cont direct that the
Attendant have the affirmative under the peedlngt, the
s.swer admitting everything set ont In ne eoiapi1t,
Yhe answer ayers that the defendant did rot MAKE
s statement Of facts contained in the said articles, e1
AFaetsd and quoted in SAID complaint without eaIen
Investigation and upon such information IS ras sun t
ara eli OF the same time" Under Section NO 100
q che Code the defendant is entitled "a prove ms ce
aftrnatvey. and there ia nothing whate'eF i"' TAG
Mr.. Rmo,t chained tina, the plaintiff was entitled 70
sseve damages and malice. Would the jury DE DonIiu
b give verdict for damages without any evidence DC
ne offered The extent and character o. tbo c'iS""
Zen Of the newspaper are TO be proved. A., ,,o
The Court wrs very much inclined 10 think thst the
iAinti having the privilege Of proving t e.raneous
Svi5erce u,aes and dsmsges was entitled 10 the al
NJ Eyarts argued o; Iength TO show that the defend
ant having the burden Of proof should have The Th'
tebegtn and 20 close the case ,,,,..,t
hhnative-
Counsel for defendant executed.
Mr. Knott opened for the plaintiff. He saidi Gen'
Nemen Of the Jury-The Attendance IN this eouf' room
indicates the degree Of public !nteTestfet IN the present.
ssmtroversy The parties not atsoluteiy unknown
nrshabiy any fyuu. Let me warn yon gentlemen
gsinst any impression from any source hst this II Po
I,csl su 1t "a true that both the parties have occupied
prominent positions IN politics. and, strangers enough,
hey happen 70 belong 10 the same political party ING
seton brought upon CHARGES which aiec. Simply
Ske political standing character or conduct OF the
uasintiR Such charges might be passed by Ike the
Gle wind. The defendant Les IN tho most DE.
Hberate and solemn FORM brought charges which AFFECT
ne personal character reputation and integrity OF the
p,aintif George 0pdyke has been well known es the
ehSef magistrate OF the chief city on this continent
lang before he was chosen such no wos We. known
prominent and leading merchant OF this CITY. he
sands to-day charged in one of the most widely crcu'
Ated public prints with swindlinRi with being speIo
Ator upon TIE needs Of his country IN te hoof Oh 's
frlj With being ready 20 sell his soul for gain when
other mems sous were burning with patriotism; WIN
nepg perured wretch In the highest seat OF mssis-
hncy Ia this great city. viii not stop 10 read TIE
,Bticles containing the hbels They ara wholly
ne production Of tie defendant. whose counsel
and here today as they say 70 Justify shS ehsts
~e are prepared 20 meet H. Tburow Weed has been
IN years Of the same political association with The
p,ant. He has been in intimate relation Win those
Who have controlled this Government fox The last fonr
yesrs May not s8y that from his reputed familiarity
1th those who indulge themselves in schemes Of pros
and plumber such be has ohai ged upon iAds defend
nut (and say tt not designing 70 make any imputa-
Son beyond what my words convey charges OF this
Inscription would come viii greater iofee sna ree4ye
ssuuity. Nor l. that all The defendant as you Know.
YIELDS q pen whose power IS not exceeded Is hardly
oeuaed by that OF any other journalist IN this country
Ne has done az rluoh any other living isan 20 build
up the party which governs the destiny OF this
sourtry-a party the impress OF whose a1tDn
in be felt not only upon sic history Of this cOrtry but
q the world. He Is of the great authors In The
world OF ght OF that which Ttpdy becoming
RtOry In the world of action Bo has been for reaIt IN
shss State leader AID guite-I might sag. tho leader
and the guidein politics, with eD influence not limited
% this State but spreading ell oy.r the Union lie
controlled ard even s1 DC nss TS S
whose influence and whose circulation we shall give
ysa some evidence respectngen influence which was
-, inferior 10 that % any other vehicle which he could
lave adopted TO attack the cbacte, Of any one or TO
accomplish any purpose, for evil or fr good which
Ae pivh. conceive. But the case Goes rot SOP
Aere Using that vehicle he added 20 that TIE bold
and characteristic cot Of sfzng his own iis'as 80 the
article which he fit 70 p1biih. and sent IL forth
Ahe missive not Of unknown newspaper writer not
yen presumed 20 be the WORK Of the solior editor Of
"a. fveEiaH o,rsn tnt With his mark set upon It ss
- author aud boldly avowine It's ruth And now what
ne the charcest u ge1tem6n yon are entirely unfa'
snilsr with the publication which hrorght beie 20
dsy venture 70 say you wiz DC sstoasacd " me mag
tuae Of the grimes which this man hss averred against
s,e plaintiff, and a, loss to conjecture the motives
Vh:sh could have induced him " make 80
scekiess a. wen as 20 wicked ? hbel tCcnnsei
NeYe stated in saoAsnce tie charges contained
d the alleged Ebels. The words ore givea below
10 evideucel The plaintiff IS charged with being
Hsef periured official with .viSdhns ns his esnh
stson TO cbeai his friends and put properly iuto his
ovnpookee, vita taxing sdvantsge Of the necessities
a u "a who was among has nearest pditcs and PEI!
snsl friends, with oorruRy t1sfnkinf 10 p1lao eces
R,,s hshest txust and responsibility. Gentle1nen.
40 DO ;snot more than ar adequate p1nishu<2t ~
.sh an otfeso 4 tae ceSeodshs fets 70 establish ts
vhies ,his action u brought Tiers har MOI been o
,.sDent snoo the chargts wgTs made when stn.pse
rcrndsd and false and simple regret weuE Got hove
PES an end 70 Ms contfoSersy ROW. n We
sas not receive from geo g vttdist wk'se
sAyrNvde shsl hug a. lyay and ss widely a. tbese
.Sasrss have dope the p,sin.iS goes from tLs Court
SfAhoD0fed " not disgrsced. No uiains ainorM csu
answer the demands W justice ti1s se'ease be not
made oot IdoaSt Wheeler that VII b ODE as.ue rpo1
which this win finally 20 20 you: There 10 no
yastske in this issue Ether Gee Opayke is heart
sess corrupt pesarod sooundre OF else TIE asthor "
yh M Sss i..@so4g ,s lss
human malice can invent Can you give verdict to-
hrge such charges are nos sDs:s!nsdt Can yoo give
more 70 wan obes wt0 rpsj bod similar positions,
fbst they commit like o6essest Ibese - no power
tbAs equal ls. which u wieded By t5e conductors
II the public Press. Thcy can !ne.ct wrcnss tbss no
osser Glass OF peoyie taa possibly eQco,. Men talk
sbout The abuse a tie priv egs ct ooensel 10 speaking
aQ~nst witnt4ses End parties IN court The coanser'
rnn 70 which they are spoken. 30, 20 VIII ,Le printed
sords they arc scattered broadcast 0Ter TIE county
nnd arr seeu and read 10 thcrsands u,,pn tousssds
ssH:ls1t1 w tA ~ TSs tSs's ''T'cs S'nt enc sS'''
Counse, for plaintiff pat in esiaeecs tbs following
yor.Ons O. Tie article Pubshod ~ 1ae Aeeeg HoeAt'
.}.sesoI Of June - 1854.
.ayaSPsr, y,~ - on,ls 2 tho ~ 81 ss.Y.h
q. supervisor, ioI d,n4s- s.s.irs4 70 q. e.'s.eD Of
sns We Of aAeostaro saSe,s eoS,.e' vt Tho
snsnabsr tbs osnIssso befors e+.!sh ~ idr ess 4
ae.cA 0ayte a.e cay Ps-,e1ss ,Tss 70 ,st GU
ss<d and made asv, which sceussed 70 s'r ceso