New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-01-11
THE WEED LIBEL SUIT.
Cicsc of nr. Fields Arcumcni-Chnrse OF
.sulgc MASON.
SUPREME COURT-JaS. Q.

sened his views ~ Ills Honor il reference 10 The meas
ore Of value of the csrbnes destroyed citing auhor
ties 10 show that the true standard Of value was
that which was allowed viz. the Government price Of
The carbines less the cost TO finish them.
The Cont stated that in his view that question was
not after ALL very material in this action III man
brings "A suit and claims wrong rule OF Damages IL ~
does no. bear evidence OF bad faith no lnpuatoh is 10
BE cast upon him. That viii be question lor inc
bury. ,e,,os
TIE ALLEGED EXTORTION FRoM GtNERAL FREMONT.
The Libel in relation to General Fremont Is a. SLy ~
faschoeds. The point Of II is ia' NIX derive
HIN of his property wanton. wicked ana ciuei
libel was never published 1t ~ at once base ana oiSv
less. The whole transaction between NJ pPe!hv on"
General Fremont was simply matter OF business re-
shifting from negotiation begun by General Fremont ~
which he made offer that was accepted ana u
No politieal consideration entered into H. or was even
.upeesled or surnised. General Fremont, hhu4HS Ms
estate embarrassed and unay aaDc offered one quarter
10 capitalists to extrcae IL and him. Ihe dents hau
been created in defending the title against lho u1lSr
nent and in developing the estate lie had never peiore
been able to get any one 10 agree TO take II lor ess .
half He now offered a quarter TO Mr. stevens, WHO
offered it 10 Mr. ketchuD, who brought IN NJ opulAe
This is al of Mr.. Cpdykes connection with tue IlhtttI
He received more than lac was offered lie performed
what he promised. The asking oI Ten. Fremont 10 et
twenty-five thousand shares remain III MI Aetehum
name in trust for him. only proper and usual
.recauton 10 keep the stock out OF the market Tor
limited time ard prevent the control Of the company
from passing into other hands The counsel has seen
fit to aude to the present enb.rr@SSments OF tDe
,pmpanv There nothing about them in the evil
nce and this is not the place 10 explain them II lie
intended thereby impUtatiOn upon the good ith oil
the CAPITALISTS who formed il abundant answer
il found in the dispatch which appears In the oyI-
cence which transmitted by the principal bankers
of san Francisco eight days before The formation OF te
company containing the substance OF the report Just
made by the most eminent mining geologisis OF Eaor
mia, by whchit estimated that gross monthly pro
duet Of the estate might be counted upon OF TWO und
red thousand dollars in gold, at cost OF forty tnous
IL gold capable Of extingusiug the debt in less than
ayear and then givinS yearly di{idehd OF over io!
Hasten upon Mr.. Opdyke the charge OF making hard
bargain with Gen. Fremont when these twenty-five
Thousand shares lOOsed from the trust ana ABOUT
10 be thrown the market. The plaintiff was not the
trustee and had nothing say about the discharge OF
the trust. He joined AiT Hoy IN the purchase Of I'VE
thousand shares Ihere IS no EVIDENCE lAat tn9
same number Of shares could have been sold
for q larger price than Mr.. Hoy gave, or that Ny
Opdyke made anything from the puI chase nui wiener
IL was so or not the purchase made between par
ties competent 10 contract ard neither Complains o. H.
The Intrusion Of Weed into The company is Of p!2ec
With his character; he invited by neither OF the
parties and is equally offensive 10 both of them 1t
has pleased the defendant and his counsel to drag my
name into this controversy There was or ms nehnsI
necessity nor excuse. was not responsible for any
act Of Mr. Cpd kes he responsible Tor any att
of nine Ieceiy ed nothing from hun and he nothing
from me. client who wanted, or thought lie wanted
my advice and assistance offered for certain serv
ices a certain compensation, amounting IN VaGe 70
one.lftieth Of the estate which was to be eAiIeaed
from the cmbarrassments with which il was covered
oil over and from which il might or might not ever
be disentaBgcd. The offer Was accepted, the seTy-
ICES performed tie compensation pad, and both
parties were then, now, oHd have ever
since been satisfied. Why Mr.. Weed, VI Mr.. EycIis,
OF Mr. Perrepout need concern themselves with II do
no! know Ones own business is IN general society
considered enough for ones own attention My mend
PieIrepoDt need not waste his own thoughts upon IT,
Tor nobody will ever make him such an oIer, and nc
would much were he 1--we hundred years
My friend Eyarts would not accept such an oner u II
we're made. He would tell his client that he oyerestl
mated the value Of his services he could not accept 80
much for Them he would be happy 20 % more woTk ~
ess pay. he would not take large Ice, not he. Ills
honest soul reLcts at IT, as reucts al one man Lcne
another 10 Office, upon any understanding expressed
NJ implied that his friend shall remember him. Now
propose this COMPROMISE with him. If he viii make
bath that when ne went to washington to pro
sain lucrative Office in this city, there was
&C understanding that he should receive the counsel
ices which the office could beslow. VIII promise not to
eross.exauine him. Ii he VIII then SIT down with me
and compare the fees which lie has received from the
oubic treasury with those which 1 have received from
my private client. viii promise to make DO pablc IN
piTy into the amount be has received and viii both
cry quits and be even But 10 be serious this INQUIRY
into the fees which my private clients see at 70 give me
IA sheer i'm DC tineEce. Weed knows no better. HIS
education associations, has habits Lis instincts have
langht him better. Ny learned brethren Evarts and
Piefrepont. however, know better. They have been
educated as gentlemen they have been trained law
gers and although on one occasion during this trial
Nj Evarts gave II as his opinion as understood HIN.
that when lawyer comes into court be sinks the
gentleman in the lawyer-an opinion, by the way,
which amazed and shocked Inc when it was Expressed
yet l take leave TO remind him and bis associate
that neither lawyer nor gentleman has either Of
ihem any concern with my private affairs. Now gen
temen Of the jury, before lay IT aside let me read TINS
part Of the libel again" More than year ago Mayor
Dpdyke and others reminded Gen. Fremont that
when candidate for President in 1850 he was weak
ened by pecunary cmbarrassments This is false. Mr..
Opdyke never reminded Gen. Fremont OF any such
thing. Again: That as his friends intended 10 run
him again it would be well put hs affairs into better
shape" This Is false. Nothing OF the kind was ever
said Again: These frieuds formed themselves into
aMariposa Mining Company. &c. But new difficulties
arose. which. however. were adjusted by the payment
by Gen. Fremont Of 81 600 in Mariposa stock,
&c" This also is false. No difficulties thus
adjusted difficulties had arisen. The first act
of Gen. Fremont bad been, ar bis first offer was 10
convey fourth Of the estate 10 Mr. hechun. and
the company was formed long aitcTward The libel is
false IN It's whole scope and meaning IL charges
tortiun from Gen. Fremont by first working upon lis
ambition and then leading him into difficulties. all Of
which you have false false be- This is
not the place the occasion for euogy upon Gen.
Fremont. The gentlemen may think II belts their
20 represent him u weak and unlid man, the easy
prev OF designing capitalists, and AFRAID 10 utter his
opinions in this bali 1t is well Of counsel said
he had never seen him before for ii be had he would
Aot have been wholly ignorant Of bis character. Gen.
Fremont evidently thinks that buster IS not proof
. of strength, and that the quiet demednOT of
tleman is cOmpa bic with the lOitiest courage of
q soldier. In his cLeekered life he has passed
through many yicissitudes Rightly surlaued
The Pathfinder, he the first explore the
passes OF the mountains TO the farthest West
Returning ffom Europe fight Tire battles Of his
try. he the first general 10 beat Stonewa jackson
IN the fair battle at the East He sustained the
test for his NarpOsa estate with the same courage and
tenacty with which he encountered the enemies OF his
country. He maintained his title and MS possession
against hostile claimants and awless intrudeIs and a
Ter many years Of anxiety and labor has reapcd
an ample fortune. His Will live In the history Of
bis country so long the country cHdures. No man
will the plains TO our Pacific emprewncther