New-York daily tribune., 1865-10-19
SUPREME CoURT-SPEcIAL TKRx - ocr. lo-Befos'
Justice CLEEKE.

TIE JAY-DAwsOS CAsE-wHEN is A CRITICISM
LIDELoUs-AEGUMEsTs OF COUNSEL.
uenrv Dawson Sgt Michael \. McFarlanSaue agt- the
American News Company.
In these Nv . suits, which are brought for alleged
Hbeous matter, ce;&sned@ I'm N pr, ysys ieeIs M o. el, on
ns,ed demuless 70 the complaint on the ground mainly
& lie etteTss sre eisms she boob and not hbels or
M 5 .@rS co6o Amt, which .sb+n.y alike Sc, oet The
ia esse nd ysion, pats oi eeeSnd L.teL ana
sy.Ys tat thew were meant TO chsrg, '"s' ne P1lu %
SI md rsior coysrty Iaborin. to ass tbe te6slien
aud excite revolution and with having NlI4i. -.
Livins,ton Jay Hamilton Severa pof3ons Of he pubh
eaon are quoted and ayerrei 70 be ADeon e noe oth
subssnnay above stated The plainhh claims on e'en
The cases were to-day srgnei fully on the douuHer' by
| counsel on the following points;
POINTS ToR DEFENDANTS.
FhILs complaint does not 'tate facts sufficient 70 con
ute cause of acon The criticisms SCI loI IN ihs ,C &
plaintiffs seutmens dsdgeed ,heroirom and contain not
word affecting 6 Pibs InS SJS& c"mm the ods
ment Of the pubic and any one nay comment upon ms Per
work or Introduce hcon for the pmpote OF condemnation
be exercises fair snd ls climate right
In The present case had party writing the criticism fol
owed he p.intff into dometc life for the purposes
slender that would have been beogs but passage Of that
! tih only az the author Of the work condemned
a. Tne plaintiff takes speel psins 70 SCI i3rh ms seY
by proession drawing bis Of subsistence from bis
literary abors snd then alleges that be bad written and pub
5Sa 60oS sna ss Ss sSd Jay. Second Letter er
twso Intsodnction 70 The Federa" the words charged
(bI eriticA examination Of the extracts nom ts eeI
has done nothing than write letter on the pstih
book suthor there dspayed lie has LETT the
private and personal fe and character untouched strictly
a. he would done "Dswson" had been mere nom de
rne bv which alone the author known to the public
(c The title page Of JHys pamphlet may be taken a. fair
illustration Of the psmphet aud Of all the extracts from 1t on
which Ihe pliintf relies as libslous:
f'New Plotting. in aid Of tie Rebel Doctrine Of stse Sow.
Ins.yac,ion. 10 HE FedeTai,t, exposing is fal,id.
.f tltl n q
on Duase, Livingston, Jay and Hamilton and is eia
ton to recent c9rs by traitor. At hSne ana ioe "a abroad 20
version Of the Unity Of tho Republic and tho sgem- Sow
erign,y Of the American People Here clearly Is no per,
point Of view than a. tho subor Of his book nndoubi-
edy direct blow at the book snd one which pubic critic N
with being in Old Of Robe doctrines with containing false
views Of hory and Of several persons eminent in sto'yi
but The persou Of the author il carefully let alone.
) Ile publication Of such pamphlet IS obviously within
Inc recognized bounds Of the privileges accorded to those
writer the vendor according the cited anthor-
ties called to Tie plaintiffs book cannot itself
denotes - action eau be maintained by It's author
@ And amy freedom ia to be sesolded 20 the press
entitled the especial protection and care OF tho Courts
where the subject involved n the discussion s one OF uni
yegl public interest and Importance. Ike the celebrated
political work upon which the shth thought ht to exercise
his talent, m P9bhc method. ,.,-,
and freedom Of the pes the words esIbed 20 Mr. jay aud
alleged 70 have been published by the defendant In this ac
tOu, not actouhbe IN Themselves and no eIrnc hct
and cTcH1aces ale ged which suabe the Court 10
that they cost ute hb whenever the Hctonable quality Of
the publication arises from crcumstsnees eStrnsc Of he
words themselves avefments necessary to show that such
ercustoces exist and to connect the words with those cir
cuustances This complaint clearly bad for the Of
such ayermens the actontoe quality Of the words doct not
appear upon the record
(a From nothing that Ia stated In the complsin can the
Court Jude, that tho publication Of the exfacs cited nom
Jaws letter necessarily tended to ure the character Of Daw
san OF dis snaeed him. induced 81 opinion Of him or
made HIN c6temptlbe ridiculous. And the inueudoes
cannot extend the Of the words beyond their
n, ess something be put upon the record for tho inuen
dora 70 expin. STARK az, Van Vechten agi HOppns
Jolus 22J McCltagby sg WstuOEe Johns 81, Thomas
sN Cosfoe. Johns El, OOdden' sgt Fos% d. and
{. l5i
mid PoatA demurrer h the proper mode Of raising tho
the prescribed limits Of political aud literary criticism.
Cooke on Defamation O. Cooper agt Stone "A Wend, 422
jOdften sg Foss, b. aud G., IA shattuek agt Allen,
DTay, al. Goodrich sgt. Davis, li Mot, Si
la The Cgo Of EyehseueI Chamber ephoidinS Tic ase