The New York herald., 1865-01-10
TIE CASE 10 BE RESUMED THIS MORNING.,
Co., &C., &c.

morning, Mr. Evarts, behalf OF the defendant re-
sumed the eloquent argument which he began and
pended Friday last His remarks were principally
confined 70 comments on number Of cases from the
law books These Of course addressed 20 the Court
The learned counsel then reviewed to the jury the
Of argument he pursued on Friday last, show.
Ing the principal points on which no had
iwelt and then branching OF to the questions which
were still left undscussed. There were however, but
few new points involved. He cootcnded that the nc
counts not made up properly that In making their
claims for guns and other property destroyed In the fec
tory the design from the city every dollar
10 the very last cent that had been expended for the pu
chase of machinery and supplying the establishment
with tools He said that the plaintiff bad utterly failed
to make out his case He then briefly reviewed the evil
dcnce in the the part OF the defendant
and said that II was complete, perfect and conclusive
In every respect There had been attempt whatever
TO impeach any OF tho witnesses for tho defence except
in the Of Mr. Stover Now II clear that there
any desire TO tmpeach witness unless there is
some felt for tho force result Of his testimony
But how did they seek TO mpeach Mr. StoverY BY call
Ing people to speak about his character who knew
nothing at all about him. First they called man
named Porter, who only had q single transaction with
Mr. Sover next Sheldon who had heard Porter speak Of
Slower; next Cross the New Orleans broker, who had
also heard Porter speak OF him. but who plainly admitted
that personally he knew nothing at all about him. On the
other hand the defence called the Rev Mr. Burnghame,
Mr Quintard and other reliable gentlemen have shown
that there never was anything thought BY any one
said against Mr.. Slower In concluding the learned
counsel remarked that Diogcncs went through tho
streets Of Athens with solitary lantern seeking for
honest We placed two flaming lanterns In front Of
our Mayors office 70 show that we had found them Fer
tons Of them loud laughter In COURT 'N'"A
The presiding Judge said that he would allow such
demonstrations The court room was place for them
Mr. Evarts then continued hts argument to conclusion
He called upon the Jury faithfully to examine the evil
dence that had been laid before then and II hcy should
fnd that Mr. Opdyke the kind of public whose
conduct worthy OF appreciation then they should
crown him with laurel, and hang the golden chain Of
slider the great questions ISSUE the liberty OF the press
tho commonwealth and Of all that IL free In the
public He closed by saying that tho matter was left
trely In their hands
Mr.. FIELDS ARGUMENT.
MAY IT PLzAsE TUE C5Usr: GENTLEMEN oF THE Ju9y---
This trial las lasted 60 long, II IL 80 important TO tho
more than all 1t Ia Of such consequence in ts relation
the administration Justice that shall not conceal my
the plaintiff is altogether bameiess word and deed In
respect 10 every transaction brought before you properly
or Improperly, iu this long and discursiys trial have
little doubt that the defendant wantnn and malig
nant defamer who has saIed the plaintiff for being In
the way Of his own evil deeds and evil pur-
what vgor yet remains in the law and how far ibcller
can be restrained and punished. This has not been
doubt you, gentlemen, and certainly us to listen
70 the Christmas chimes and take up the festivities OF
the new year There II strange dissonancc between
the contentious OF judicial trial aud the happy greet
ings OF this festive time But II not for us 20 choose
We are here in the performance OF high duties, and
be performed In the performance Of my share
OF them, while / mean TO use great plainness
Of speech, ! mean not to abuse my professe ena
not, if avoid IT, be dishonorcd in my hands Your
Office, gentlemen s the gravest that can be placed in
vast machinery Of the English government ended last
In putting twelve men into the jury box decide upon
Even ths Titanc conflict which shakes this coliiasn.
from 70 has for It's purpose aud end the execution
Of the laws There s not army in the FIELD there
is mt ma m thfrc ie
ipg the snow beneath the cold moon on these wn,ry
nights there is not seaman In ship Of war,
fnasthead, rocking TO and fro in the bowling
wud Of January, to him who lie standing at the guns bo-
low but Is working 10 bring in the OF justice The
purity and dignity of the tribunals the learning Of tho
judges the wisdom and frmness OF iures, the aim
as they are the proof OF our civilization II any extra
neous Influences were permitted TO enter the Of
justice, pressure from without any clacr within
Il matters little what may bo the form Of government
Here TO bear nothing and know nothing but the
better told than In that ancient formula OF
the law with which they were addressed when
they were cmpanneed, .'Good men and true
stand together and bcarken 10 the evidence. y
In the present instance, and for this great OCCASION
have congratulate ourselves that have case be-
fore this and this ufy One Of greatest magis
traios judge Of highest court has down 70 US
from bis home In the interior 70 hold the scales Of jus.
tice In balance Qualified hardly by has learn
ing and character than by his absence from all our enm
ties and a Influences ho will give you the law for
your governancc. You gentlemen, arc summoned from
the body Of the county Justice between two OF your
fellow ctzeps You arc gathered together 10 perform
great public duty never probsoy 70 be assembled again
The act which you to perform will live In its effect
upon tho publlcwil live in the memories OF men nos
only long after you shall have separated, bu, long
The lbels for which this action IL brought arc two IN
number Published In the Albany Eres,ag ouyeI on
on the aSh Of tie same month The rs. Libel wss %
folows:-
This man has made more money ~ secr.. partnerships
Sharper Jew or Ssn IN hs sa civ Of ss@ SSn
fsrsc oPdysss soai.law made selsm The
0S Ss guns " IN me s' e ssS oad.
sIc Msh ,S ~ .s ;,Esa Spayss
tha. opdyks was ineressd and made was
q x. ne sus % 'SSs ssi s %
SG|%es co en, "a, sss ss s fsr g 3.
s2o o received from The govsrn.nen. on NE
co As % Ss sr, apS ssnss s % I a.
anon % z. Non ssss c-ns 2 sst s f. INFUSED ,so oS'cs
gcneca o ,s' s.lnss eo,s. oEdys. :r sS. part ,Ss
a,Ee deiared and lis ssnInsw fsc. made os,h s Up &
,S%s1 MsS. sAs no sssnsy s;ers !. Il
tercsied and syows hIss The ihe cansd
sworn 70 by oriyRe This issrefars l. Msyor
position . qnlfy hmssf 70 ac mpait W aSfsS,y
sssT ~. ~ AZ s, Az ssa s
sLare psos.., 10 b. oryse made ost lat
paid had repadsi.d 4e ,sV ss.r sse sSs
WHOM candidate for President IN iyS he 6y
pccuniary emt rrassmcnts; and that ts friends
io him again. would I've well ~ PIT uis affairs lo
letter shape The .enerel arsented ~ giving T. Ness.
dyke. n schedule ot his debts. Iheec friends
formed themselves INTO Mafiposa Mining Comrsay. mott
the mires for 81 ,HpM0 with tie
Generals delts 10 be paih INT sC a,se
wa,rh, however adjust-d by the payment bs fener
Fremont OF - ADuJU in Maiposa stock pessfs opdk
And sald the conhdtn tn,ia aud real friend 81 Cen
erni Fremont who this Into nation, thtre wsre
exaoons and estorous during the negotiations ins
would make Jews blush.
Tho second libel wits an follows:--
Mr. Gibbs the carbsc pateulec says claim sub
nnd 10 the suprvsors on which ssJ0D was paid there
h H. fre swiDdIe