Daily national Republican. (Washington City [D.C.]) 1870-1872, 1870-06-22


svcr, distinctly shat these papers arc offered |
by the gentlemen 10 show malice and In az
OF damages. and for tho present |
your Honor allowa them 70 20 in M evidence,
with Che reservations indicated. 4
Juntlcc Olin. Yes, air. H.H
Nh, Moore. We have anked for an cxcc,-
tion NJ present W each ono Of these articles.
Justice Ohn. II seems % me that one n rs
good o. tyrsy, but you can take as many NJ
Mr.. Elliott We except to each article.
Mr.. Menick. Won bad better take your
Justice Olln. Tho defendant haa right
undoubtedly, TO take On exception 70 every
piece Of testimony that h offered n he desires
70 tako Il In that lorna | think, however,
that ono exception for Is all within the
same principle a. 10 whether these papers arc
admlssible At ALL would 10 aufficlonL |, Of
course, would not admit an article that was
liholoua, having no connection with the
charge IN tho declaration. IL you wish 10
make specific exceptions A. 20 particular parts
of these articles, or particular articles, why
you have tho right IN do 50.
Mr.. Moore. " your honor please, they
wcc givcn In by date, and The dates arc here
put down by the clcrk, and We think that the
proper mode Of defence on our part & TO OK
ccpt 10 each Of these publications. There aro
not many Of them. Some bear date At ono
time and some another.
9hHiNN NAh# wy WA ykA NAh W. AAAAAs
Mr. Mattlngly then read articles contained
In papers Of March 90, 1900; March 30, 1869;
April 1, 1869; April y 1869, April q 1e69 April
8, 1899; April 0, 1850; April 0, 1850. He next
proposed 70 rad article Ia paper dated octo-
Der 9, 1850.
Justice DIN said. I am little doubtful
about that Tint was after the suit was
brought, a. understand H. Mr.. Wilson, do
you make any objection TO that2
Mr.. Mattingly, Il comes within the ruling
Of Lord TalfOurd In the case In nth Manning
and Granger.
Justice 0iln. Let me sec the authority upon
which you rely for that. | do not clearly I'M
dcrstand upon what principle Il u Admirable.
/ Mr. Mattingiy then read several extracts nl
| support OF his position.
Justice DIN, after examining the authority,
said think that Is good law but IL docsn't
suit was hnosght, docs NJ
Mr.. Mattlngly read some additional ex-
| tracts, and said there were other cases Of q
like effect In this country, although Il has
lately been established In New York that In
actions Of libel only other non-libelous matter
Is admissible, and In actions OF SANDER only
such words ~ arc not siandcrUus, or arc
/ barred by the statute Of limitations, and that
these are never to be considered for the pur.
pose Of enhancing damages, and there arr
dlcta to the same effect In some other courts
yet II may be taken 10 be the law Of tho
al other slanderons words Of iho same imnort
! and so connected with them As 10 amount Il
continuation Of the same Islander, may b,
| Admitted as evidence Of malice, but mod dis
tinct calumnies; md this amounts 60 a rcpct
ton Of the SANDER or the uttcrnnro Of slInilal
siandorous matter after tic suit i commenced
! though Of course the sDcnking or nublishini
of lie matter ss,ed npdn must be proved /,
have been before the suit was commenced
According to some Of the cases such r,pctitloi
after suit Is proper evidence 10 aggraVatc tn
| damages; according to others II Is RppropTiat
only for the purpose OF showing dc Intcrcs
Of ihedefendant In speak ingt the words sued ON
Iustico Olin. i win heaT Won. Mr. Wilson
III am rather Inclined. mon me reading 4
J / these authorities, To let this evidence Ia
| Though admit they are a lIttle against wins
| Noro INV irst imnressions
NJ Il'ilson. " 5000, -, ,,,C.,,,,o,, ,,,,
J \ Uonor '
| Jusfice Olin Yon 40 NOT sar.. 4, .r,,,,. IN
ouestion. -
MI. Wilson. No, dir; not At dis time, for II,
| We can ming Il nm and neybans M bc,,s
| shnnc NJ the rlnsr n Tho testir,,In, "
Justice Olln- Very SeIl Thsy va. c,s
| rad ths nTticlc In evidence M Na,iIngIy
! Tho article in the paper dated October I
! 1874 was then read In evidence. .-...
Benjamin ID. Peck, sworn By Mr. Mer
| | rick! o. In what business were YOU engage
I J.
| tor Of the REPUBLICAN,, or one of the editor,
Q. Did you have ANY Conversation with Nj
MuTtagh, the proprietor of the papor. In m
spring Of 1861, In regard 10 certain article
which appeared In that paper referring b
Mr. McSarTahan. the plAIntiif
Mr.. Wilson. Wait a minute befuro va
answer that question, NAV ID please Won
honor In the frat place because ID Ia cntITeI
too Indefinite.
Justice DIN. | suppose Mr.. Mcrrick CT
deayurcd to make Il leading He NAV dire,
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NJ. nu' .asn ~ - -, ~
ulesn naeee ir,, -, ~ ~ 1870,
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yuco Unn. ,,daa,,y. NJ 49,, n he !,
q"I y, 49, ,.,,s,,a,1.,s "A ,.a,,is,ssa,,,
,sli.'so NJ n.y., 49,, NJ ~,
, ~ ~ Iasi Ds y, Ho 4, N.Y.
.iun " n, sttaSo'',, % nv ,nniIco,Vo
9,N,I ,ioias NJ, ~ ~, poaS -, N
l lliSSS -, ny, ~ Az. W "
l jury a' "'u'u "oN " 's
q. Mt. fock, you may state whether or NJ
you had any conversation WIN MI Murtag
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