Evening star. [volume] (Washington, D.C.) 1854-1972, 1864-03-22

4 ~ thFA tc6t0pff OF the dPNBaArt
! utG, 'r the absence OF proof nstxnde OF "a aiic'
" we cefeneant, 1t IL q privileged CO nnusica
1 ffDrsnt.
I Mr. Bradley proceeded 70 srru. the In struc
tons, and held that Il as for the United STATES
W tho~ that the defendant pub ished The paper
! Mr. X quoted p number Of authorities 50 sup.
! port Of the iustru ctions.
Mr. RradIey was followed by Mr.. Norris,
| who argurd asainst granting sha instr actions.
Mr. Norris vas followed by Mr. Usrrinston,
! al d Al III. conclusion of his argument Judge
Cartier deciaed Is follows upon the instru ..
| tons prayed:
Ths question submitted is. wha her q written
| document con fessedly prnned by the def adani
the publication by the ia her is concerned. It is
| publication by the defendant have de ;lsred
the Law upon that subject, md for the pu 20 Of
this care it Will he regarded "a he act OF the
| defendant and its pu blicatIon TO tho father "a
| the pptlicstion Of the defendant Tha Iastion
| submitted 20 the Court is whether the document
| here TIVE fabricated and tn as addrssset Is a
libel tuh iectiDg the defendau 20 punish mert In
| GRIMM 81 court on prosecution.
Now, Il IL true that most Of the authorities
] Il al have been read hero to day authc ities
In illustration of the liability Of parties In civil
| snits.
| Counsel for the prosecution denoun 20 those
/ authorities ss ret being law for he govern.
| n.ent o. the mind OF the criminal court; or, in
other words, counsel ask the court to instr a It
the Iury to con yict man OF q crime on lass ev.
| irsnce than they would on civil liability az
declared by the courts. fcrt'ori, the proof
ought 10 ne stronger in a crinu nal pro &C zion
and a criminal Jurisdiction ought uaver to hs
r'st1ted Ia pDl' 81 q crime 10 to be foand under
II 1hst Ia " bat jails. paritenttnriss, fines an
fortsitrref are ordained tor-nst to work ont
1'i rsMer,- les, civil acCodntah!iiuea. but to
p,pish public transgrrssion against the public
peace ard he public security, aud TO pus oct Of
tire gay men that 1t IS dangerous to have to 90
81 large Consequently, in all The variations
! o. criminal juri.prpdenca. In every phase taat
Il puta on In plsadiUss. Ia proofs, In all the
sanctions OF Justice you 5nd the work o. proofs
ard the strict orstrgction Of the law rising as
Soa approach criminal conseq urrces, until
you each the gailnws- You And, liz tact, sill
tie wa'chfulness OF tie law put upon Its Closest
oiscf mirstiOr.
A PROPOSE Ion made by The proseeutnr again
"a At the whole su jeCt should he postponed
70 ipry. ] cannot ne rec with the prosecutor
CO rbs; fuhisct. Ihave duties TO perform here
Tie j.rt hiss dutiea to perform hire. Among
otter Cuties hstOnsfrg to the bench. as nn Ter.
staEd ~. is, that where a written instrument /,
Presented and its legal construct ion Is damsu ].
20 II II the duty OF the Bench to dispose of it
conld rot postpone taat question to the j1ry
II wnnld. and l would not II l corld. For
htV@v"r II com peteht may he the present Ia.
cLmtent Of tbs Bench to determine thase
Y"'sti"ns, my judgment Is generally thu
urges sra hs'ter Judges IT the law than ara
Jurors. and that | th,nG the y ,nst,tu !,naI
HIeS which as been placed upon the tribunal.
Nov. this document II to b. cor strued hv tn.
Court. frrm y hat there is In IL, the relation o
II OF h. party VITO wrote II, and the rsl.tion IL
ITS sns}ect en- the Part OF the party &c whom it
was tGdTsss,d hose three Il mems enta,
into The legal signtfrition OF the pirar. the re-.
ianni OF the pa,ty Who wrote and ad dressed
II. TIE relation OF the parry 10 whom II was
wri'''n and its CONTENTS Those sra ID. facts
which are presented to the mind OF tbs Court
II r''inga construction, ard upon THIS prsdi.
cat >. question is raisad, Does IL constitute. in
iuetfrn irdictabIH i,bsti Without tn. aid ~
>nI'onI ding ciIcumstsn cea. w,thrr: tbs svi.
Ger'- 81 malice, am Lot called upon here TO
cr''In'he whether rs contents ARE tai-e or
true. IT il its coatsCis are false II might b..
mace I" appear hy ETERNAL testimony; and
th1"rsh us r.isffood the TACT might NJ made tn
appear hat II was malicIousIy written. l
might Subscribe 10 tfs COMMUNICATION. bat
Lnct ntssttd, Ut fals,ti- Il appears upon its
tars. Cuss it constitute & IitslI
Now, tie frst point in illustrating thai prop
cEitt Ia 10 inquire "a 20 whom it WAS al
dies'd Addressed IN the is' her Of III" subjact-
tie p.retn o. sil others IN tn. world, In ali the
rslai"nr Of domestic life. cha geo with ctu-
hehs guardianship OF ,hs reput'uon OF his
of Irn x: tf4a p.IsOs. o. ali Others IN .ha worIt
NhGhe discretion and wisdom in w-tchihxo over
he re, utatior OF h,s child Is pnt its highest
'risl. Wouid malicious man write n Comma.
piCstirh to father with The view % lihpiiing
ME Ganeht.ri That . the firsE common. 81 d -e
inquiry that suggests itself TO tn. MUD 4 AL
Or would sac n mai W lie a comrn cation to
afaifer Of al other persons In the world) TO pat
n. Eis II ar iian hi OF thu reputation o. his
rht'd II sufficient IN this respect to reply
nj II th.re Is on earth, In tho relation OF DO.
nestle life, respops.bs, Wise. and a cautious
- Guardianship for 1h- reputation OF Il chi,d, il
reside. With the father. II would be TO sup
pee n an was q foo rs Will a. villain 70
con municnte facts sga,n,;a child TO her father.
! say, btrefore that In the RELATION Of the
iafrsY there - 80 hing h.rp % Pres Rna mai ICE,
but. on the contrary, every hiGg to r-bat II. l.
There anything IL the r"ation OF tns author OF
the iDrirGmsnt Psfsbiis biLS 8 Iitpll,,ps pur-
poasl have TO take the document - IL reads
for do not Pre- pose 70 decide questions At Issue
op'side Of IT,
Why, IL. document sets forth that the writer
Of thi, comm untration, rho sent his message
uud.r Gil the precautions Of privacy to the
1Hrksr. vas the escort VI his child when this
tlans action occurred IL - . forth inst ne was
com lica,sd in u; that la had been mi siudsed
by the family under the inspirations Of the
H., M.nt, and therefore seeks TO ask the delib
eIaio )uosmen, OF an sre1 father upon the
gGsstiuH, ~ s.se himself and his family from
1rr hsI dis dit oy Ita -oE Of tic premises.
II III ~ II ting in he IT iAt.on Of Ghs ritrr
o! tn paper fgom which 10 pre- nins malice
tse lone. Is there ANY thing III tho contents
OF the paper Tha touteuts Of the ipsr re
v.sl The suhisct nia,tsr II the com III unit alton
with its complications and With the highest
Sanctions o. Sin Cfriiy that the man could put
upon 1T 1t is trus thar !, involves d"r-lic-
IGD-lf may be a crim- or u may not--a deraiic-
son on the par, q; the child; and II he alindad
10 u al II be- would have 10 alIude to IN tn
lfht. Now. while l assuns that In the tenor
Of ipot IN nnuHica'ic1 addressed by this
O ne fsne there - no evidence OF IN ali -,
viii not pr-judge he proofs snrrouh d ny u, aud
TIRE reason IL ttst n ~ rot forced upou IN.
Ib-s. Considerations aye considerations that
belo, Z 10 IN. iufy. II Ihey cUr hGd .vid.n =
o: malice. ~hy the res pons,b;li y i. upon them
al aut upon me, bnt as the ca.- Dsw stands
al & i'm snsw'r 10 the appeal that s made 10 tne
C.urt, pronounce tie Jaw TO De-
TnRs The author OF = written communities ion
asdrsstfd tC n single person aud even to a
rHth"r, that FAC hes its CO. tination. IS published
by the author. IN til. abeence OF any proof on
bis part to show that ii y as surr.pttiOusly Oh
tanned from him, ana the next place til ~ this
dccuros LIT Il trinsicaily considered Ia relation 10
TIE par TO " HON II wss addressed. and the
party BY whom u sas sddr-s sed is rot il libel
IN tie sigrircaaon OF the law, iIdepepd dent Of
tAtrInai mater
After the .!ucee had concluded, Mr. Morris,
or he half Of The prosscutop, ashed permission
10 rsrlsp the case ard sddnce testimony to
prove malice on the part OF the defendant. The
drteDee objected, And the court decided the
case could 70; he r.opened.
Count a. jourIed until this morning at nine
O'Clock ~
LIQCOR SsLLERs AEREsTEo AND FINED -
| YssrsGa,. Justice Ferguson disposed Of the
| cps'e Of he following liqsor sellers, who were
| arrested by Capt DoIans dstsctives:
| A. j Am"s, proprietor or tbs Mount Vernon
| Qs,e Dslavan) House, WAS fnsd sl5 for sell
iIro INN Snn .ar nd Nt f,Rc alll ~