The New York herald., 1869-03-05

have right to infer the culpabiity OF the plaintiff
and the truth OF the Justification. do not mean 10
examine the pages of the book before y0u hope
you have read the whole or large portion OF the
book. The chief characters portrayed in the work.
Ryder and Mrs Gaunt once the beautiful Catharine
Peyton. Now Griffith Gaunt Is not to my mind. Q
very prepossessing character He Is rough north
country squire, creature all passion and all sensu-
atty He is not prepossessing In his manners nor
elevated In his mfnd and there is nothing whatever
virtuous and refined, and am very much astonshed
that such refined creature as Catharine Peyton
should have fallen In love with him. He was guilty
no doubt, OF great crimes, and OF this dreadful
crime; but is there anything In the work itself to
set OF this CRIME and polish it over. and to induce
sderation Is he so fascinating in character, or In
other respectss Has he any other qualities any
ner1f qualities a tie ~ any great Or moral
mend It to others for an examples Then we have
Caroline Ryder; She is the very incarnation OF
man she fell In love with, had ruddy face, well
developed person, well developed chest and,
thing in her character which can polish over
ton BY the reader whether young or olda
character in q novel. the mere setting
forth certain kind Of wickedness in char
acter Is not necessarily demoralizing II that
was the case every man would be obliged to send
away from our libraries real history. II fictitious
history is not to be allowed to do what real history
does, why, then, we have no right t. read these
novels at all. Dut say that the mere deneuSion Of
character is not necessarily demoralizing. Look
the history Of Thucydides. the biographies OF Plu-
tarch and modern histories. They all represent real
men, who were hideous, criminal, cruel and SEN
sual-they were earthly, sensual and oevllish. In
modern times we have only TO go to the last century
to look the character OF Catharne OF Russia She
she had lover almost every week. and when she got
tired OF her lover she killed him. But we not to
s eso O. m s ~
sides the delineation Of character. ! only wish to
impress upon you that the mere delineaion OF char
acter unless Il Is presented to the reader In some
favorable point OF view and In approval, does not
make the author criminal or cupable Of demoraliZ-
t sen which the aSor IN y Of his
work happening to them were calculated to en-
courage similar conduct In Others AS to the third
SiS iiai5 to Be given TO the production o. Others
that is the charge and that It was fraudulent do
not intend to dweli upon that II has been shown 6y
an author to allow his name to be used. when the
materials pernaps are furnished by Others, but tnat
the work. revses and perhaps adds to IT. ana they
say this Is very common practice, and is not con-
csrsa c s%osS fssy 10 charge sseS Il sn
don't know that there is anything lbelous In 1t. It
is for you TO determine, however. Hyou believe it
libel0us. The next inquiry s as to the damages You
have right to consider whatever injury in mind the
plaintiff has sustained & BY these charges, and
what he ID entitled to as compensation
for his wounded character, II 1t has been wounded
Or you have the right to consider what hereafter he
may suffer; for hold that prospective damages are
allowed in this action. That has been allowed in
eral instances. think 1t may be considered settled
that they may now be regarded where they are incl
dent and accessory to the action; but then no
second action can be maintained for them.
The jury returned verdict for the plaintiff-dam-
ages, six cents.
COURT NOTICE.
Supreme Court Circ,ttt.-All causes which shall
be marked OH for the term at two Circuits in
sion shall not again be placed on the calendar for
trial. except by special order Of the Court to be OBJ
tanned In the same manner In causes that are re-
served generally.
BY order or the Court
CHAS n TOEw CLERK