New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-01-07
THE WEED LIBEL SUIT.
Summing Up Of Counsel.
GfrpRENE TnuRTIs &

20 the alleged fraud IN tue Of tho
received from the Government there was the slight
est evidence support the allegation Nj Farley Iit
not exhibit T. the Board of Supervisors the
Of profit and loss which he he'd given in cv ence on
this iTIal but be was examined the sub cot by Mr.
Blnnt aud stated the result ~ W ic TIT celeuison
led him. and in that calculation he as compeled 10
take into account the Sas, GO IT,, tom Of sl5 600
that appeared in the cashbook sns balanced and it
had nothing TO do with tho claim whion was for
machinery, tools and material In regard to damages
'csnse insisted that inel verdict the end of such
atrial and against zach libeler would be IA repetition
al the SANDER Counsel then cited authorities the
law y! libel, end closed with sgbniing humorous re-
guests TO charge the last Of vhc hat the reera'
tOn al the charges IN the COunscs opening, were also
evidence Of malice to he submitted 10 The jury.
Mr.. Eyarts followed on behcl Of the defendant. lie
fad that most of the time Oh 1hs ria had been occu'
pied in oyerthrOwing charges and difficulties which
were not made and Did not present Themselves. Take
out from the list of witnesses MessiS. Blunt Farley,
Andrews and 0pdyke, and you wiz have exhausted oil
who have spoken to the csuse all who have shed any
light upon the relation Of the parties the subject Of
the controversy on the Tighto or wrong o. the alleged
libels or alleged misconduct Of TIC plaintiff lhe dis
closures OF this trial have been fC by III The honeN
and bighminded tending public good. and by all
corrupt men rs blew AZ them IN tie person OF the
piaintlh. ms action was brought 10 recover toooO
Dot Tor any pecunlaiy damage bu 20 lLhci panlShLent
for public ofens2 IL had been iutimated that the
plaintiff did not intend TO appropriate any Of the pro
ceeds of the verdict but 10 apply them 10 charitable
purposes. The idea Of Mr.. Opdyko being the aroner
of Mr. Weeds means was ludicTous. II Nj Weed could
Mr.. Opdyke's money as he had done with his
own But the counsel said that tho expenses
OF thIs sun would hardIy DC more 5S than met oS
verdict TO the full amount. Did he plaintiff
intend to deduct those expenses before ne applied
the charity Counsel dwelt az some length on The sub
tect Of the liberty OF the press and the law oi libel,
showing the great progress made IN JUS pradence
those questions all Of which gained by the instincts
Of the people against the ma1ms Oi power aud author
Sly. In adverns to one Of tic earliest trials for libel
In this country where the jury brought in verdict Of
not guilty, which was answered by three cheers from
ffut
sequence OF that result the freedom of this city
voted 10 Andrew Hamilton counsel for the defendant
and there Mayor Opdykc Ia veto that resolution
there there was an OutbnIst o! aPagse ii the tOnit
ROOM which was censured h. the JudCe) Counsel
then referred 10 the last great libel suit Vi Litejohn
agt Greeley, where only one OF the jury was IN favor OF
substantial damages. The necessary comments on The
conduct Of public permits the invasion Of their
private affairs though not Of their domestic relations.
A good never, except by misc nance Appealed 10
legal tribunal for protection IN such caSos The case OF
Fry sgt Bennett peculiar one where the private
affairs Of the plaintiff invaded pcrsistcnuy. Mr.
Opdyke had been wholly occupied IN the pursuit Of
gain and he stepped right INTO pubic life from that
pursuit, wlicn ne had hever ior ueH'n' ahaLaohed
There were village Opdykes in every hamlet throughout
the land Mr. Weeds career bad been tie opposite
of Mr.. 0pdyke's He hal eyodea public office.
And vet be had mad power. How did he get in Ii
wba; Others had done for him. His thoughts oc
eupied with matters Of great public interest while those
brooding private and selfish matters. Hence they
sought TO drown him With dsptsi0l The organs OF the
party 10 which Mr.. Weed belonged opened HIM,
and sought to drive him out of tie position of public in-
fuenee which lie had enjoyed for half century The
Islander in regard TO the steamer Catalina exploded
Then he undertook 20 unmcsk his s6mer7 ana among
them this plaintiff who presented here rather In
The attitude Of defendant. This alleged libel was aimed
al whole tribe. II was familiar suggestion that the
presumption always that the plaintiff libel sut
had just cause. But that presumption was unoUnded
II more likely to be the fact that be sought TO es
cape from the presumed truth Of tic charges by getting
a nominal verdict. il was because there cpl
thets, no abuse no adectes m lie simple statement
OF the points in Mr.. OpGykcs public conduct that II is
felt When SanclO Panza got sorcy beaten in
one of his masters encounters, Don QuiXote
cOnsoled lin by SAYING " The reason thou
feelest that pain all down thy back is Lat the stick with
which thon vast logged IVES Of that length The ar
fices claimed TO he beous both in reply 10 prior
attacks The frs article is headed Tie Ne Yo-l Ersr
igs Poet The Po0 had called MI Weed burglar In
the matter Of the Casline. Mr. Weed refued the Gaia
line libel by the statements Of all the parties connected
with II Then he proceeded 10 "unmask" his dcfamers
He charges this plaintiff with getting up this Caelire
Islander and with having ossGi'cd him OF Washington
aud elsewhere. Then comes the present libel IL must
DC taken IN connection win re T,'L. ,ke.e vcs no
charge Of getting contracts corrrplly but "this Ilan
who brings these charges against NC, las made more
money ont Of secret partnerships toan any fifty .bsrpers
jew OF GENTLE Not sharper IN the gar sense but
an the primary meaning, according 10 Webster viz |
" shrewd man in making bargains The secondary I
meaning was Cheating IN bargains in gaining" |
The statement In regard TO the MaIiposa affair was not
libel unless II was contained in the final words that
there were ." other exac'cns end cxtortions during
ire Negotiation that would make Jews blush
In other words, Gen. Fremont had 10 sub
init TO the loss OF lorger slices Of his
property before the matter was brought 70
9 successful conclusion The article then turns upon
IHE IKIBrHt and closes with an ayoss on Mr. Weeds
part Of his dittIteresied support Of the Government,
and tho Of ia l9stili,y aud opposition to The
beaded Tie Eucnin9 Port Mes'rs: Opdyke Field Gree
lev &C.. &c" 1t alludes TO MI Olykes appeal to the
law. refers 10 the answer in the McASu SUIT and then
speaks Of what may be called The GibTs sHlndle by
way Of parenthess. Then it says that Ny. ppdyke
may enlarge the field Of his inquiry by embrsciEg the
alleged sale Of the Office Of surveyor for $1,000 or
course Opdyke had Office 10 dispose Of and 1t was
spDendGge, shOddy blankets mentioned rejected in
New York but worked in subsequently at Philadelphia
Now, strange to say, not single witness bad been :
examined as to what shoddy means Undoubtedly IL
means ia'efdf blankets and 500 have the evidence Of
tbc plaintiffs trying after rejection 10 pat them in
Tins the garments made OF inferior cloth were finally
thrown into the consumption Oi tho army. There 10
imputation that the plaintiff corrupted any of the OH
GERS Of the Government The Jury were TO put DO
violent copstruction upon the language bnt take 1t in
70 Tie Ec,Aisg Pos, sbont the nsvv 90. "a Mr.
= ieids r"'''--- ..,,ers -i 10 Tvs TEBuNg .
ana again to Tie EreaisR Po;ts os," O.tro.' -
,b modcs,y and tfuihainess Nj Weld dscaims any
sUeca fitness for that or any other posi- and states his
constant refusal 10 accept high places All these al
legged Nbes arc sponsye 10 attacks In which Opdyke
hsd iop.d and they limited ~ statements Of fact in
temperate language in strong contrast to tho cxprcs
sons "bnr glaT" aid follow aud clsreputable that
had been heaped upon him BY the cOnfederates In this
combined attack. Now the jury in constituting these
.s!s were 20 regard them - part OF an ehimated
pewrpapor controversy In which recrtmina,iois were
invoked on both sides During the recent n" ii
eanpaign men were denounc"' ." S.iT.s'"9i
and on Tho 100 Voo slns 81 .rssroys, !
'"' ..,r "a rni.cegenotora 4 enrr-om con.
srovcrsy must be regarded IN Auilrtent ent fom an
sion Now in RECORD 10 the plcj counsel might pass
over as already sufficiently discussed tie Marlposa al