Daily national Republican. (Washington City [D.C.]) 1870-1872, 1870-06-22
8epublita,.
VIM. McGarrahan's Great
Libel Suit.

Judge DIN. 3unhcinon, are you pAaY 70
In the e-McGarrahan vs.. Mnr-
lagh.
Mr.. Merrick. We are ready, sir. The hrst
question before tho court this morning Is
upon the admlsslhlhty oil these papers. We |
olier a series Of papers Published In and about /
the time Of this ibcl
Mr.. Wilson. Give us the datos.
Mr.. Mattlngiy The papers we otter arc u |
dates ranging from March 18th and aOth 10
n.,,,,rr q 1869. The ni.t Ilcls a. ALLEGED
Il, no dc,lar,. Ion wpa published IN the patjcr
ni Am teeo
a. - ~, ,aners1 90 offer VIVA uubll-lsod
One o t n Pai ~ w n,,Ica,ion o( ihc irrt
~, Sg',iaso.i nn In thc DECLARATION. Tho
IN, $780, ,ts ,i,.r wcrr pnbllsheu be-
,,i,',,, ,a nnilicaif,n al mo nrst and second
ii,,cls acclay,,d on and suilsrs,aenf tIlenuln.
NJ ,.,,.,r No ostcr was published Octohor q
s,,,..dl,Jcn, ~ M brinpinR of the suit.
sT,,o earIier Pnglish casca upon this sub
ioc,
NJ yIlson. Mr.. MattInRly. plonsc let us
iooh AZ tbo pnpors before Won proceed.
Jnstiec DIN. PerhnI,s You had better read
what You offer as evidence Of malice In the
publication.
Mr. Nattingly The FIRST one In order u
dated March 30, 1859, and the article re-
feTrod To Is headed "The McGGrrahan Claim"
This precclcs the first libel declared on,
which was published In the paper Of April l.
Justice DIN. You can state TO me what the
article Ia substantially.
Mr.. Mattingly. Your Honor can take the
paper and read the article.
Justice Olln. l will do that II You desire.
Mr.. Mattlngly. They are similar In purpoTt
30 the libel declared upon on the same subject
matter, aud arc actionable In Themselves.
Justice Olin. II the same thing b charged
over and over again substantially, think II
Is certain evidence Of malice; but II II Is a
distinct and separate allegation, not cOutipS.
ing the former charge, and being . cause OF
action In and of itself I am rather doubtful
whether IL V admissible even az evidence OF
malice;
Mr.. Mattingiy. understand the distinction
which your Honor takes. These articles,
however, arc all substantially the same.
Justice Olin. Perhaps you had better let
me sec the papers you offer.
Papers Of dates March %, 1850, March 80,
lSj9, April Z, 1869, April !, 1859, April ., 1867,
April y, 1867, April y, 1889, and October y,
Ihta were handed to the Court by Mr.. Mat
tingiy To- examination.
JhstIce On, (aftcr examination OF tho arti-
c,es referred " In the papers handed the
Court by Mr.. Mattingly.) have seen enough
Of these articles and will hear tho other side
In rcfcrpnect TO the admissibility Of these state
ments. which substantially reiterates what L.
charged In the declaration Us libelous, TO wit:
that Ills claim wns being prosecuted by
Mcc;aTTnban when he knew II 10 be a fraudu.
lent one. That language, Of course, Is libel.
Al4Nfl
~ ,hc ortIcIes in thrsr paners which have
h,,,., shn,,, me arc concerned IL seems 10 be
S,s ppe"'' Sn,, ,.nnIJ IItc N bea, ,ounse
~. ~, 49, Z, a. = ','',' ~, ,,,,,,I,.,
"" Wtis.,,' ST., - - wv, ,',,1,.,.., NJ
Ns,,i,'Lx ih,,sc ,s,crs a., nIi.IPcd FV''' ''''
H. KY 49, VI s1s,d =, 49,, a.,
,,aII,,, 81 n, 49,, ~, ~ dsnsS,s
~ MI, w. No. LIN 49,, An ..
az 49, ~ ,h,,l,' ,,a,,rS :, March So ana "a
aoVS' a i dt,I.S.S ~, oS
@ S.,hrs is SficT he sI,It ySSs b T,
'"Ji III, SiI, sfI, s',ai ,I - n, ~, Nv
ii.,' - a., a S.,,isr 40, N ~, 49,,
~, No., n SnS.iantisiiv rcnesic, ~, ~,
ouc air. H. = n"iiIc pancS Inc san nm,
charge, / think. Mr.. Wilson, the question /,
SShctbcr The rcpcated nnblIcatlon o2 thc sam
thIna s,Sst.naaiI,, NAV hc ,riycp in syidencS
a., 20 ~ cnharE,n,s daTnase' A. 10 VA, ~
s6o,rJ1,, naiicS continued s,ersistcnc, 4, /,
h Mi tTnc ycTV we'll IfH 4 all trne ncrbans
he bad a ri,,httn say IL R,t II il II ,nir,ic
~. ,,,,cstin,, l. ,yhr,Icr yon canine, ht 30,
,hntel ~ n,n,,e Lcfnrc c1nTt ana inry In m,
snit t5at tbis was moi only a casual thin% b"I
H. wes ,,csi,n,,i,, ana ,,,is il,l.g.b H.
INN cbarn,s M: ~ ,,j,b ,Lo san,., 7tnsa
That h tbr nneatlnn I ,vn,,ld INC tn hear ,o,
upon.
Mr.. Wilson. Your Honor holds tbcn thu,
tbcX NAV h. Siy,D h, s,Jn,cc ~ ~ a,, Una
walton aud 10 increase the damages
Justice Olln. No, sir; have not held thai
at all.
Mr.. Wilson. Well, the intimation'--
Justice Olin. | told you ! wanted TO heal
you on that question. Thought that wa,
the question raised by these papers, and
wanted " hear you upon H.
Mr.. Moore. Your Honor has before you
publications alleged 10 have been made prioi
10 the beginning of the action and Subsequent
to the commencement Of 1t. ..-
lat ii. a..
understand Il.
af. MAttingly. Yes, sir.
Mr. Moore. And the question with you
Honor Il, whether they are admissible for an
purposo; and II admissible for any purpose
your Honor viii direct whether they shall g
10 prove malice, or IN aggrHvation of dam
ages. As [ understand the question befor
the court Il Is as TO whether they arc admii
slblc for any purpose at all. That IL thc sui
stance Of the proposition submitted.
Justice DIN. Yes, sir.
Mr.. Moore. How many arc offered?
Mr.. Elliott. They have offered eight 81
before and two subsequent. One subsequen
To the bringing Of the suit
Mr.. Mattingly here handed the Court tn
fifth volume of Manning and Granger, ant
called his attention TO the case Of Pearson Va
Lomartro ~ bearing directly upon the pOin
in isst,d.
The Court. aftcv examining the same, 70
marked 10 counsel Mr. Moore have yOU
. lopkcd nj this case In hfth Manning and Gran.
pori IL l. leading case, aud / think layl
down the correct rule of law.
Mr., Mattingly, And the American authori.
tics rely upon that care as q leading case and
indorsc the doctrine therein declared.
Mr.. Mcrrlck. The American authorities are
In accordance with the rulings In that case,
and especially arc the authorities In Maryland
distinct upon the point.
Mr.. Moore, (after briefly consulting his col
leagues.) II your honor please, We arc con.
tent with submitting TO the opinion of the
court without discussing the question. 1t ha,
been stated distinctly on both sides.
Justice Olln. One Office Of counsel Is u
assist the court Ia coming To a proper con
cluslon. | rather wanted TO hear tlls qJles
ton discussed, but II council do not desire u
,izcuss IT, I will decide Il as best can unen
lightefed by argument. | suggest TO Mr.
Wilson that would like 10 hear that q,les.
tion discussed.
Mr., Wilson, Tho only question with u.
was. whether we would discuss now, or wait
until after the evidence WIS In, and discuss ID
in the form OF a prayer for instruction.
Justice Olin. Worry well, just ~ you think