The New York herald., 1869-03-05
NEW YORK CITY.
THE COURTS.
~~~-~-~~~~~~
UNITED STATES COMMISSIONERS COURT.
The Case Of Calvin Willis.
Before Commissioner Belts.

Before Commissioner Belts
The United States Us. Caluin Wiuis.-The defendant
was arrested yesterday al his place Of business No.
S2 John street. on charge OF publishing and dealing
terday brought up from Ludlow street jail. ana
having entered into recognzances in 5000 to appear
Tor exam mination on Monday next was discharged.
SUPREME ccuaT-cacuIT.
The Reade-sweetzer Libel Subtitle Judge's
Charge-verdict for the Plaintiff.
Charles Reade Us. c. II. S,ceetzer.-The hearing OF
this case was resumed yesterday. Mr.. Booth de-
nvered heightened address on behal. OF the plain
tin.
THE CHARGE
Judge Clerke then proceeded to charge the jury.
He said that among the rights OF perfect obligation
which alone the law undertakes to protect that Of
reputation Is one OF the most prominent Many
men, unfortunately for the well-being OF society,
are totally regardless Of principle, and are
therefore totally regardless OF reputation; but
to every member Of society who differs from
the beasts that perish, reputation Is neces-
sarily very precious. He Is very sensitive In
relation to it and 1t would be most unwise well as
most unjust not to afford him ample and efficient
or vindicatng IL when 1t is unustly assaied.
Accordingly the law allows an action for the re-
c0very OF damages as means OF redress for injuries
In cases OF defamation. IL allows such redress for
oral slander and for written defamation. For writ
ten defamation or for defamation by pictures 1t
ALLOWS du culieu llDc Our law, llkc tHc AOudu
law recognizessa very marked distinction between
spoken defamation and defamation communicated
by writing printing pictures or signs Matter calcu-
lated to cast ridicule on man or to degrade him In
the opinion or his acquaintances or OF the community
Is libelious II written printed and pubshed al
though II only spoken 1t may not be actionabe. For
instance TO accuse orally Of being liar even
IN the presence OF hundreds is not actOnabe per Se
but to say OF him IN an article published In news
paperthat he Is liar, no proof OF special damage Is
necessary. general oral charge even OF having
sworn falsely, without reference to material evi-
Hs1es ass y nj @ pa1 Dd " e sn Y
terribly in Fianders,'7 as said Uncle Toby; and
same thing Of some modern swearers 'sThe
man Ia no slouch swearing to an old story" A libel
be malicious publication expressed either in print
ing or writing or by engy, tending either to injure
the memory OF one dead or the reputation OF one
alive, or expose him to public hatred, or contempt,
ridcnle In referring to the allegations contained
In the complaint the Court proceeded to state that
among them certain work called "Grifnth Gaunt'
and that certain articles are ibes, which, as they
had been spread before them, he would not now
read Two OF these were to the effect that this work
was calculated To demoraize society, to debauch
pubic morals, and to contaminate the purity OF the
youthful mind. The third article accuses him-but
whether 1t amounts to an accusation you are to de-
termine--that he allowed an obscure author
to assume his name and passed or the book
first are essentially different from the third
The TWO first, as have said, are therefore essen
TALLY uuercut from the tHlTu. AS nave SAID, the
two first accuse him OF writing and disseminating
works calculated to debauch and demoralize the
public mind and the other accuses bin OF what the
paintlf's counsel contend Is absolutely an accusa-
ton OF fraud. Now, with regard to the allegation in
the complaint that Mr.. Charles Reade Is the author
Of "Gridith Gaunt,n you have had the evidence, I
think Of two witnesses who lived In his house for
five or six months. They saw the manuscript, saw
him actually engaged in the composition OF the work
his amanuensis aud receiye 1t back from
the amanuensis, then send. 1t to the print
ers, then receive the proof correct It and
for me to say that In my opinion-though
you are to judge-the proof is ample as to author
snip. Now with regard to the two first alleged lbels
Have the defendants transcribed the limits OF allow
able criticism in these two artcles9 In crticising
the productions Of an author the law allows consd
cradle latitude. The interests Of literature and
science require that the production OF authors shall
be subject TO fair criticism, and that even some
that the Grille, under the pretext OF reviewing his
work, takes an opportunity OF attacking the char
acter OF the author and or holding him up as an
object Of ridicdle, hatred or contempt. In other
words, critic may say what he pieases OF the
literary merits demerts OF the published produc-
psrsonal s M rgass " Of the autaor relating to- to
his reputation, the critic has no more
privilege than any other person not assuming the
that the matter Is crude forced and unnatural that
II 0etrays poverty OF thought and abounds with
common places and platitudcs being altogether nat
stale and unpronlable and that Its style Is Affected
obscure and Involved. He may say as Burke said OF
the Etylc OF GiDDOl, tnQt IL Ii cXeCfaDe. BuL ne
cannot say that the author himself Is execrable or
that lc is personally affected or absurd or wayward.
The critic mas the same liberty under the same re-
strictons in relation to all people who come before
the public for praise or censure. He may say Of the
orator who excessive esttculaton and v0cilera
rion mstakng extravaaant action and verbosity for
cloquence that he has all the contortions without
any Of the inspiration OF the Sybil. He can
say of the player that "ne mouths his
saws the air too much with his hand"
or that me tears passion to tatters to very rags.
abuse hlm "a robustious, perriwig-pated fellown
and recommend tlat he should be "whlpt for over
doing Termaganf.n The critic can call painting
daub and abortion, but he cannot call the painter
himself low, discredltable pretendcr and an abor-
tion. The most comprehensive freedom In animad-
verting upon the productions and actions OF public
men II essential to the very existence Of civil ana
and heartily say with Lord Ellenborough in Tabart
vs. Typer, sfDefty OF criticism must De allowed or
We should have neither purity Of taste nor morals.n
Fair discussion Ii essentially necessary to the truth
publication, therefore, shall never consider libel
which has Tor Its object not to injure
the reputation of any. individual, but 10
correct Misrepresentation Of fact, TO refutc sophist
Cal reasoning TO expose vicious taste In literature,
or to censure what ~ hostile to morality. But gen.
temen. although a critic may not have directly as
sailed the character OF an author, or ridicued his
PERSONAL appearance his manners, his voice, or ex-
posed any ecc.ntr.ccs or defects OF the man, may
ne not nevertheless defame him and wound him III
the most vital SPOT by imputlng TO him unworthy
motives and evil designs against the wcbeIng OF
Society," MINIMIZING nc lnftfs tncse motives anu
designs from the sentiments expressed and the char
actels de.nea.ed IN tue work Which he has underta-
Ken to reviews My own opinion, gentlemen, Is that
many o. the works OF fiction which are published in
England aad IN this country are very pernlcious In
their eiects upon public morality. Not that think
fiction ia itself Is denoralzing. Very far from it.
The most Instructive lessons In faith and morals
have been conveyed through its tnstrumentaty.
The founder OF Christianity himself did not dsdan
frequently to employ IT. Indeed, 1t was his fayorite
melnOd Cf moral and spiritual instruction. But In
iLs very fascination consists It's danger. And when
we see the press teemlng with productions Of this
kAd, describing scenes portraying characters, calcu
lated TO corrupt the morals and even weaken the
mental stamina OF the multitude Of novel readers
who seem 10 be absorbed in this kind OF reading, II
will be prudent TO allow considerable latitude OF criti-
cism IN relation 20 these productions. There Is
virtue which women OF honor have not only always
observed bat have tendcry and ardently cherished
and, may say aaoreI They esteem It as o sacred
Jewell its prico far above rubies; and the woman
who 10 without II IS deemed lost TO all virtue. The
want OF II disfigures her whole nature. and
any community In which the want Of 1t
II prevalent depend upon 1t, Ia upon the rapid road
70 ruin. Tie tendency OF many OF the productions
TO winch have referred ~ 20 weaken the fonnda-