Daily national Republican. (Washington City [D.C.]) 1870-1872, 1870-06-18


lroppcd Il right there.
Mr.. Wilson. II ho had only said so he would
nave relieved us from great difficulty. But
from the fact that there seems to be differ.
1nce Of opinion between your honor and
Judge Cartier on that point
Judge olin. No, think not.
Mr.. Wilson. We can certainly presume so
from the fact that he made no decision. The
motion Il stitl before him, and We did not
know what he would decide, and were not
aware Of your honor's View until this morning.
Justice DIN stated that In what he said ON
this subject, and he ought not, perhaps, TO
say anything at all, for the matter was not
before him, no wa only expressing something
that was said between judgos IL that conf
Dental relation that was sometimoa supposed
TO exist between them, and he really did not |
decide anything upon The subject.
Understood the stAtute In looking II over, and |
looking Il over, too, At the request OF the
Chief Justice that the whole proceeding was |
void; that the atatpio did not cover bic case |
at all, and he expressed 10 the Chief Justice !
In his confidential relations 20 him as gudgc,
tint opinion, and he [thc Chief Justice went |
on and left 4 there. What his tho Chief
Justice'sl opinion was he did not know, any
more than counsel, for he had not decided
anything, and In that aspect Of the case he
must act upon his own convictions,
Mr.. Wilson said the result Of that was, and
that they had been prevented, not from any
negligence on their part, but from absolute
ignorance of what the court wns going 70 DO
with their motion, from making the necessary
preparation for their trial.
The Court remarked that II was oil non.
sense to talk In that way. They were charged
with publishlng libel against this man, cnll-
ing him thief, q liar, &C.
Mr.. Wilson. 30 far ~ j know, nothing OF
the kind has been charged.
Justice Olln, Continuing } Aud they had
either 30 deny or Justify IL II they could not
deny Il they must admit Il, and then they had
10 make some line Of defence. But the man
| who did tlAt-and q newspaper above AL 9th.
| er parties In the worldwide published 10 all
| the world an article Of that Kind, should be
prepared tosay whether he Published i Or did
! NOT publish H. or II was true To walt year
or 90. and then pretend 10 want 10 examine
the plaintiff 20 sec u he could prove IL, 10 sec
| IL he himselt would admit he was thief and
/ therefore did not pui IN plea Of justification
and all that, why u was simply humbpg, even
II a newspaper was party 10 H. and, above
all things IN the world, he would avoid
newspaper controversy II he could, but never
thelcss the samc rule Of law applicable be-
tween parties was applicable TO newspapers
Rs well rs other people.
Mr.. Wilson said he had not heard whether
an Individual; that whom the defendant came
into court and told tho court TINT he had been
unable 10 obtain his witnesses In consequence
| of the failure Of the court to make decision
upon motion which he had made, that he
deserved to be considered or called hnmbug
for making an effort 10 continue his case;
| Justice Olln. ! did not call him 90, aud Mi.
Wilson that l. hardly fair way OF stating the
case.
Mr.. Wilson. Perhaps your honor referred
To me instead Of 10 the newspaper.
Justice Olin. What said, or intend To say,
was this That this Prctense Is all humbug,
| because have offered TO give you an oppor-
tunity TO conform your pleRdlngs 10 any state
| of facts which may be elected on the cNami-
nation Of the witness whose testimony you
desire.
Mt. Wilson. without having an opportu.
nifty TO prove the facts or Ia support ouT
Justice Olin. You shall have Rn opPortu
nifty 10 prove the facts, and an opportunity tC
conform your pleadings n them.
Mr.. Wilson. Unfortunately our witncsse,
are not here. II a summons In the hands o.
the plaintiff would get them there wonld b'
no difficulty.
Justice 0lin. And you do not intend to hav,
them here.
Mr.. Wilson. That IL more serious lmpu
tation than the other. There Is nothing l.
my conduct, think, or that Of the defend
ants that would Justify such an accusation.
Justice DIN. Now, let us talk plain abou
, this matter. II being a case Of libel, yoI
either deny that you published the libclom
. matter or that you did H. and that II Is true
!, Now, what is the diilcultyl You may alleg'
now that you did not publish the article, %
that you did and II IL true. But you say tina
because the Court did not make decision q
to whether or not you might examine tn
plaintiff that you arc not prepared for trial
! Is not that Il?
Mr.: Wilson. That Ia ono of the proposition
made.
Justice DIN. Is not that the whole Of ~
Mr.. Wilson. II Is not.
Justice Olln. do not like Ia discuss Til
any further: Let us consider such other Oh
: Mr.. Wilson. The other objection is tina
there Is a motion pending here for leave \
| file an amended plea.
Judge Olin. You may file that or amen
, your pleadlngs In any other way you sec ut.
Mr.. Wilson. Then ! suppose the other sid
will Join issue upon that.
Justice Olln. II there Is ono thing deslr
10 avoid doing II Ia TO ''shRIn" q case of. VI
desire In this case M In all cases Is 10 get 1
. | the merits, and will permit you to cOnfOfI
= to any state OF facts you may desire, or thu
Mr.. Wilson. We propose, then, to file a
, Judge din. Very wcll, you have permit
' sion 10 do 80.
Mr.. Mattingly said he Ind no objection I
I defendants filing . plea, but tho court won
: sec that the paper presented was no pic
!, ut all.
Judge olin. You can either join issue
: demur To II. After looking over the pr
posed amended plea is this the propose
I, pleAi
The Counsel Yes, sir, ..
Judge Olin. Let me have the declaration
| The declaration wHs handed TO the COur
4 After looking over the papers will allo
a The parties to file this plea, but am free
Z say, ! am free 10 express, the opinion that
Is no answer ut all 20 the charges made.
The Counsel. VIII not that, your homo
best he ascertatned upon the development I
The Court, No; Ii Is not asccrtaincd at u
! In that way, because In my Judgment, no te
? timony given under that plea would justli
the charge that you make, with, perhAp
i. | slight qualihcatiORs, hut win allow you
| fle 1t and then the plaintiff may reply IN II
such way IA he chooses.
Mr.. Mattlngly. We demur to It.
Judge Olin. l override the demurrer.
Mr.. Mattinsty. We propose TO file sp
: cial demurrer.
Mr.. Wilson Well, file II.
Judge DIN. one fact Is stated In this pll
: that may have some Importance In IL. In u
declaratlHn the plaintiff Is charged with bolT
a villain Of an extraordinary character;
r we h.vo ssldom seep NOR, Interesting piece
IlaI ih.9 an. imO. DS nc s1l1gTisS . sSd Si
and interesting from tho refined nature Of the last
4 tempt AZ robbery tmeanipg that the plalnting -
clam 1. Htte'npt at robbery, aud the plaintiff Is
D | robbery
Q Meaning that he Is dishonest man, tryiI
TO plumber the public treasury. That Ii VIII
) | il meant
"From Tho mors tSotpAd. IN tho shape o. tom.
(msAning Nthcont q, GOaneE, thnnuKh whom the plA
| tin claims title 10 aid LANDAU tho has Aasnm
: sansvhGt q the polish Of OlAndo DuvA in tho shA
! The meanest thief and scoundrel of viii,
: | history makes mention.
Altar charging that thing In public pape
!. there h one charge here In this paper that
knew that he had no claim OF title TO III
property, but was irRudently, dishonesty IT.
! ing 10 got out Of Congress grant Of pow
Z to keep possession Of II.
Thai Is the only material fact in that pie
! | and that does not answer ii at all unless "
say he was dishonest In pursuing this clai
before Congress. That Is all there IL In Il
plea will admit H. Prove, II you can, th
he was dishonesty pursuing that claiT
Whether that will be an answer 10 n libel
this character, We will see In the end.