The New York herald., 1865-01-11

1
pat the more favorable construction upon H. and say
barely meant that he agreed that he wonld procure
influence for that If just that yon viii say
whether you would not consider disgrace Mr. Op-
up infny and disgrace and 70 the contemr. Of man
Tor doing just that thing II then this 10 belous In
Whether asss the rss Sa sps question s
OF the question of fact Mr. Mcneil swore that there
was such bargain made between Andrews and Mr. Op.
| dyke, and that he was the middle man or broker who
made 1t; that no saw Mr. 0pdyke, agreed upon the
terms and consummated the bargain, aud called n Mr.
Williamson TO be witness TO lis hnpl conclusion
sess 1''ssss esssns ss'E%s rds ifs tss with
perhaps he leaves It in little obscury On the o.her
hand MI Andrews ewears unqualihedy that there was
no such bargain made and talked Of dreamed
oI " ni ana MT Opdyke swears there was never any
such agreement Tade with him There Is Testimony that
on me second OF July two Or three days before the h
said 10 him, II am TO be Surveyor Of the port Of New
York; and he states that then tie matter had been pub
| 70 Washingto with a committee 70 obtain tho
| appointment Of Mr. Andrews, no. from Mr optyke's
4 cal orga aizaton Mr. Andrews swcars that he
| never asked for Mr. 0rdykes influence aud never de-
ping into Tie office in the contest be- Mr Wagcman
and fr Stanton, and believed that the influence or Mr.
Tpayee vi %ona DO rather against him than in bis favor
INC detenaants on the other hand say that The bargain
was cons1tnnated and they point to tho fact that these
monsys wsre levied at The Custom House ana paid
NJ opAyEe to secure ls apponiment 70 this Office MI
E@ h.yeye denies .1s !hoy were levied BY Andrews.
You viii say, gtnilefnsh, upon al The evidence
| and II you ind this ercle urdefended snd
! lbecus, ycu Will so render your verdict and If
not defendant stands aceuitted upon this charge
now gentlemen, to tho hlariacsa claim and the
slieged be connected with H. II is FOR yon t6 aiy
whciher It irputes so Mr. opdyc ard his associates
this sharp practices frauds and oYeroachpgs or
whether tang II al in ell, Just il stands you as lay
N n, rsaiina calmly and ,akng coamon sense
Of H. thfnk II holds up Nr Opdyke lnfamy 10 dis
grace % contempt and ridcue II claimed on the
part Of the paina that you should inior tnat there
an intention 70 charge In this sharp praclces ard extor
tons bccause the article rp by saying that there
were other sharp practices and exorisns which would
make jews blush, rs the writer rtoTed by The gen
uiaa friend, tho confidential friend Of General Fremont
II i for you, gentlemen. TO say how that Is, and
it is j4tlaea by anything given in the evidence That
branch Of the case rests entirely the testimony Of
defendant counsel for him that branch the case
irving their construction 70 the testimony OF General
Fremont and you have heard the argnment Of Mr. Field
and Mr. hnott on the other end giving ter constrlc
ton 10 this testimony While one argument MAINTAINS
that there is nothing in the testimony of General Fro
mont that should IN the least reflect dscredit tho par
ties at ALL that these offers made voluntarily by
General Fremont after he had tried the markets Of
France England, Germany and Philadelphia and sought
U make the same arrangements and failed IN all these
places and that really there is nothing in OIL these things
as proved by General Fremont which was IN tho least
calcnlacd to reflect on the character Of Mr Opdykeit
belongs 70 you TO say on the whole evidence in tho
ries MS through the whole libel Of the ,s,h ys,
Of June. There is other brief one with
reference to tho charge Of the 25th OF June whereon c
defendant says that Gibbs the carbne patentee says
"ln the claims submitted 70 the Supervisors, end on
which $780, were paid, there Was large swndlc"
sci for the defendant read that alleged libel Gbbs just
as it is contained in the publication and asked him. Dd
you say that Gibbsy'' and he answered "Yes. did;
said TO several perscna aud there the investigation
stopped. Well gentlemen am requested to charge you
the Tibet Now understand the rule be- as stated on
the head note. "First Winslow for libel pub
s c h soh ro %, Te e ao .y
exist however may DO given in evidence IN mitgation
but not in justification do not understand it, that men
may publish through newspapers a imputlng to a
man such and such thing coming under the head Of
rumer and then come into court by the defendant him
SELF and saying that such existed He rnay proyo
the fact o. the runo and the Jury required take
that fact into consideration in determining the question
OF damages This takes the whole of tho nbels
or substantially to.
Mr.. EmottIf your Honor would please to charge as
The Cour-Oh, yes There is gentleman, /, charge
with reference TO shoddy blankets to which have
yet called your attention. Tho libel, or
alleged libel, charges that the shoddy blankets
rejected in New York subsequently worked in In
@ charge sSy WORKED e ~
at Philadelphia previously rejected az New York In this
day and In this his hour adopting ga common psrance ex-
preting the language But you, as ayhen to Judge
whether you d that Weed did in that intend charge
upon Mr. opdyke any dishonest practices in dealing with
the government in these blankets and used the word
shoddy to convey IT, You must know what the word
fhoddy means II Is word which has been much used
by the newspapers since the beginning OF the war,
and all mon have n common knowledge of what 1t
|
that other expression, BLANKETS rejected In New York
worked in subsequently In Philadelphia" " Whether he
than honorable means 20 psss them ON The cov"rr,a.nt
or not And gentlemen IL is for you to say, by your
tify that charge That is the question for 10 deter
nne and not for me; and leave II ell TO you I in
short leave the whole of this matter with ycu-the In
tcrpretaon and justification and the decision OF the
question whether the words do mpue ,beious char,e
against Mr. opdyke or not The whole of this /: is for
you determine with the Jingle exception NJ the
which charges him with being member Of the com
mtec which audited the claim Of Farec, and that lie
sitting that claim, coucealng the fact that
he himself largely Interested the cloim
ard by that putting Ito claim through
That icharge you ia law rs lhei Take H. ard ii YOU
Gnd evidence in the easel do not myself an
but II you entire failure 70 prove ~ jastify that
branch of the Gaze take it. and ss.y what damages
should ee AWARDED upon IT, as you vl also with regard
10 I'll any Of the alleged libels in this Now
The rule is that the defendant must instii broadly
II lac Justi.ies that he stands acquitted II lie
fats IN any one he fans 70 that shoagh ie proves IN
regard all the Others. Sow fincle word IN crcnce
TO TIE rule which should govern % these actions ~
llbclsthe rule With regard tD damages. | have fd
that when libel is iaise, as the iaw regards u,
unless IL be privileged coinnnnton tia uncas Y :
justified by rs truth being proved the ,rS mpuics
malice in the publication, and charges the dcsninn With
malice and Mat Implies damages 70 fo9ut from ~ ana
The law says IN addition, 10 the court and jury thai in
every case the pan,in must be rcmuucla'ed - iie
amount Of his actual damages that is he sia be f;y
socced for his wounded feelings aud shall be folly
| scaced In g verdict Of damages That VIII mako him
| that this involves novel way for mendng a man IS
charactcr--of restoring 10 hifl character from the
| hands OF a fbelier-by awarding HIN damarcs.
/, But IL IS the only way provided by tle law
| whereby redroSs eau be had. Whether wire or
unwiee, IL was decrecd to the wounded feelings,
and for the injury 20 the character, furusLiug a
pcrcct soace for 10th IL tho only thing that gives
soace u the plaintiff against the libeer-ihe award
Of jury ii isna.es And ought 70 say to you gentle
men, that the Law allows jury, IN addition TO this in
every cage Of Ebcltiie law allows jury TO award the
largest damages for the punishment Of the defendant
What Ia the law L. denoinated punitive damages going
in the verdict beyond the realization soacng Of
the plaintiff, and s4tisfyiB hm by innicus punitive
damages by the way Of punishment OF the defendant
| IN order 10 rekc example or HIM 10 the com
muniy and to deter evil doerr-o stay tho hand of
heiers generally and to Ds admonltion 10 AL who
have Inclination 20 deal IN public lpels to stay their
hands Nov, ought 70 gay in regard 10 both of these
propositions Ia the ca3e that the law hn star dar1 by
Mheh u measrrea lAlagns In eYerY caga Il refsIa the