, 1869-01-01

9lkn 10 HOU-E 10 tQG QCIp1udGI Vac G41esGQCS
ot malice a tho tue motive Of hls conduct. And,
II has BEEN said: Few ralra Of law s4c OF creator
practical importance thsn thst which requires
p,Tyi, p.ssi,ceed 1ne asu rcqaifd 10 G dep % s1e co ~
municA.,ons OF tits FORT Of protection sTt'tng
out Of the occasion Of the IeAt1ne OF the words,
70
ih.t The occasion 6a. been taken advantage OF to
giro utierance to an rnloupded cha1ce."
nj. fpiVeSsa e aas
he. pa6i!ea.!ea e ind,sii psoessdtnss i.iFi;
Win What mo:ive The pn6lieation.s made. il
faisly made. y BIS 1ss foundation upon pubhe
eorTen'eqee and the public interest u no: held
cx.ettnR between individuals. 1t the public tn
te1ests require or PERMIT that the proceedings OF
ttts Court Or parliamentary AsFcnblaRc ali be
published then. although there may be feud and
hitler etnaisJ between sustnr in court mad the
because the publication being ab.olutely aod On.
hst, and inquire into tue mo,ive WITH waieh it
wAp made. The Material inquiry It, Vas the oc-
sasion one Of privileged Aud We thall ask Your
II they believe, f.om Ire evidence in tie case.
that the defendant intended to make . report Of
the Police Court proceedings, aad did mako what
puSli.hed Va. honestly civ . - 1e,,oss and no,
~ an attack upon the plaintiff. then The occasion
IL pr1sileEed-then the Inference Of N alice al.
th-sc ibc ca.e rcsta Il stops, until The plaintiff
oEerugns tie case thus made. and ehoxs tnat
therr Wae a. eEi! purpose that animated the pub
lisat!on. Such i The iaw thst have read, such
Geptcurn, that being the dras inquiry to
With shall INVITE your attention. ask sou II
e,taolteh the conclusion IL your mind tha, TIE
TRlArsE CoGpsny intended not to make re:
ror.. because am not no~ upon the question OF
the fAizIesa Of the report. upon It's coml-'e claE
AStEf. ! nh nil Fph4F0EFnt}V. r.
Esps thst the testimony At the Police court con-
se!sd an impression as i1tafio1s to the plaintiff
rot necessary that q rep:rt should be word for
word as the testimony was given At the Police
the question Of the fulncss and fairness aad in.
Iartla Its Of the report ts not Were the facts tcsti
ded In Al the Poliec Coart true1 With that, gen
count given IN the newspaper Euo o:tant.a1sJ such
an account a. Hss given at the Police Court! And
Il 1t shalt appear that ihe testimony nt the Police
Court vas as injurious to the plstnuT IS tic a1l.
Gle published, then the plainur ha. not suffered
by the abuee OF the OCCASION In nny way,
But drst invite your attention 10 the question
CT motive in this c.ae, because It ts i1c Ter gen.
temen to talk here a. they have to soa, that i; is
OF no consequence Wfth what motive thi- pub!tcI-
tion was mado. Is there an occasion IN The widest
tte character, lie moral quality, nom lie motive
which pcEmra,cs III In your homes OF in publ can
ycu pnt 3orf hand ulon an act OF that kiao It is
What 10 orrws,d on The one hand and what 10 pun IN
lsh On the other in This world. The difference In
law II the accidental and intentional shouting Of
a mnn.is between murder sud diunoceuee-be1 xeen
1:!e and death, and get gentlemen asc found here
90 ohtiyiocB to these moral considerations which
are the life Of the law and the lite Of every occa.
eton, A. to urec before you that mere accidental
occurrence shall stain Us with bad motive in
this r1aIeactton.
Now. gentlemen, what motive hat TEE TIT.
HusE ompany tn publishing a report aspcra1us
thAYNrfcf nj ait I'D yhhr
1uas1tancc With the ptalntifl Had they any
malice to Eraitty in regard TO hcrf Mr. Mediii
tells 5S1 IA. he knew 1oh!ps o. hes ae aid
report rcachrd them precisely as ali otrer re.
posts OF that character reach thSn. As sugge:t-
fI1tule Of the platnln that shr was thus dragged
into public observation. she wAs unfortunate
enough. whether rightly or wrongly. to be cngnQ
ed II at atfrny-tn Disturbance Of fic1ent con.
sequence 10 attF3ct the observance OF the police.
ehe wss arrested and taken to the
nH1ee nTSa ou4 eia'ie1 S2n,t and haa tal
subject which We were 1lscues,rg thus made q
public m.tter. food for the ps se, without any act
ee a. 81 ss
cour:- BIS report was made up ss he madc uu
other reports; ana What grounds can there be to
ninnsSw hs III H. ess Ss aass
wa1d me plaintiff II tbia care. Isn't It absurd
EGGt4 QGE1 l0 Nn1QIAin II I0f moment 7 Aud l.
J9n md that they were not animated by motive
Ct 1hst Kind, under the Instruction OF The .'oart
the cccason being prisileged-witpout this bad
motive. without this malice. without this tu.cu
tton - fDjure. Jon canlOt give the p1aintlff
verdict.
t;.rilemer, allow me TO call yoEr attention II
motive with WHICH q party does al, % act can b b,
easily astcrta!ncd BY the couree, II 1t Is an lpju
r1ons and accidental ac.. that they take when tus
EFrUFrf cnnnurt nf fbn l.fnDfirtOrH VT
nUNE ie N ost material In eiac,daung the mot.st
With which they made ,hts publication. W
ftate to the jufy ipl5 all that you know saost ,hs
publication Of this article "Well, s,r, th
fsets arc these. My attention WAS called 10 ID,
ne11inc stter IT. occurrence. l came over 10 III
{ fncc and Psid to Mr. Thitc, who is the m IN
acing editor, that did not want anything
cn1e1ao Ta,Bus1, for The reason that Ii. Eli Ii
thorpe WAS ntiahsor Of mine, ana IN old &C
q1alntance; and nc had always been On fHeudl,
The pspc. about It, whether Ii vas t1ue u fales
remarked that It was woman scrape, OF NJ
Interest 70 us; and wanted It left ont. I ais,
cit5 GATOR TINT nothing Of The kind should b
inserted in The TA.HcsE. He eald he WON'T
keep II ont; Mr. White gave Instructions to pm
po.ed The wkoIe matter WAS disposed @ Z!
THAT morhlng, lOcsober 4th, I took up THE Tn1
this row reported ffom the Police court proceed
inEs ! wns quite aEnoycd about 1t aud 1nnedi
asslY came over % the ra1ncAE Office, met Ar
| thatthts article has appeared In TIE EnIcAG
IRIBrHE thie morning IN rcrnrd tpthe Eli.hospe
s TIA. 'hlnE
Iett ont" Ar. Mcu11i further ,cstidcs that b
asEed NJ. White to at o1ce Insert n correction
aSd that Nj. Wh1lc did insert q cosrec,inz
They may SAY to you, they hare hiuted lt-1ha
| the Ietlacuon which VIC nut into the PAPER II
nexsinorntng admits the falaity Of the origin:
eas Is syy h95d 10 s9y Dgf
LADY. Wo Cid 1ot know anythlng abaut tho ,rui
oftne ehssgss. We hastcncd 70 maze the on'
EtnaIattr4 that sFe could Rakn, which was fu
s5e mo'ive Which animated auSSn IT, 1ae @sa snd u
pFoI:rctors OF TIE II 1nusE IN the caurec the
would have sd, Yen1 esse obsioas y dusy
ruth. knowing noshins about Il i
assne d. ha bu tn Ras
tod fslss6ood aSont u.s." can you nc: ~ say
maslanimoss man, Who. rot T knowing wheta; 4 T.
he hss committed wrong or not but b-'tcv1n
TINT possibly be NAY have done 80, prefers to c
makes,ts How is II With reference to the re-
Of thc Rcnzlemen Of fHE rR1sCHs: Mr. Colbc
issnae.: ! an commercial editor Of rn
in October, 1851 A. / Was city edi,or Of II
T71DUxr. Q. Did ron give any orders in 1el
t,on to this Elthorpei article; II 20 state wh*
q. The 6rt1. a. Csvc written order to i
hrrman-that II, an order couched In one word
0uf--not IL Insert that article.
q. State Whit you gave that order to him. !
memorandum 1t niEht--ptob ably about half pa
| II or II. dom, rEcos1t Ct, cxactiy but my hal
has been to go home on the last car.
| Gle seu have been talIinF sS ,u}. 4. Yes sE.
| ts. Ny habit has been to 70 hone on the last G.
and carried 1hss sa.t to h I'M tho last thing ocio
q. Who did ron receive orders from. II an
bo6y. to omit that ar1ic'e. 4. From MIR, Whit
Thst thows Nj: Whits's motge aa,s + gho is a:te
ley : te-timoay You will pardon me foS tbs {
an Rf q
fhe ease. and they may to somc extent have
crrcd thcis attention. ! thlrK, perhaps. We .
menrs rather thsn IL ,he rehearsal II The I csidcn
"Do you rreoleet the time" Ms. Lancley v
asked-iee Cd OF octoocr. lsd7-Mhcn this E
thorre.W!lkinson srtsclew WAS pab!isheds A. =
q. Did Jon rrcc' sc ans Instructions from q
of the manager. Or psoprictors of the paper /
to Insert that HEtttleI les, sir.
z. State whai they were. sud from whom.
: received INSTRUCTIONS ftam the managing edit
or CRY eot:ns, cannot tel wnieh-tha I've ".
! ! q. What Mherc their naneas A. Nj. VII
: ARD EE. Col ert.
, | z. Icu saY vnu received Instructions iron ,h
!. | net 20 tTEcft this artitey A. ic., .ic.
q g Nss It 1t tbs: iitas set up aau IA the for1
. | 4. / du ntt know.
, z. tiow Game 1t that you did insa.t IL! 4
wa= mailing up II, :hc Inst part Of the cvenl
/ late 4; rlani. lfofiot all about the insi1uct1t
| gwen. and lever t.uayh. III /: ucltl tho next d
: e. The 1rts 5ou knew It VA. IN the paper.
r Its, SIR.
J q Dut then yoa did not :c.cnd to insert it:
= Certainly not
> Gsnt;t mt n, Nc hnyc the tce..mony Of three
:. the MANAGERS Of the paper and the foreman TO
ilct that this matter sEnt not intended to be p1
| Hsscd, AID that II WAS purely by accident tha
y wae published. 1t il quite remarkable that