Daily national Republican. (Washington City [D.C.]) 1870-1872, 1870-06-23

that no testimony Mr.. Gould may give, should
he be examined, shall prejudice our motion
for this nOn-sult i understand that 10 be
suggested by the court and concurred In BY
Justice DIN. That Il rather rule Of law
that I only am responsible for announcing,
and you Gnn review that
Mr.. Moore. Allow me 10 say a siugle word,
understand yonr Honor, and believe your
Honor's expedition Of the law perfectly cor
rect that II motion for a non-suit were
made and that motion was overuiled, and |
subsequently testimony was introduced "a
something collateral In the cause, and not |
touching the main causo OF action In the case, |
that an appellate court, u they would reverse |
the court below, would still reverse II not
withstandlHg that additional P rGoL 400, ana
not quite understand me. What Intended
70 say was thls perhaps ] expressed myself
lmperfectlyt You make q motlon Tor nom
suit. The ease II fatally defective for want
Of proof but the Judge disregardlng that dc
feet oycrrules T. and The parry entera upon
scnted supplying Just that fatal defect ior
which tho Judge ought 70 have granted tho
non-suiL Il Is very likely that on review the
appellate court would not Get aside ludg,
ment bocauso The court onghl 70 have grant,e1i
q nOn-euh for obvious reasons, but tho trial
auently thew woua say that under those cir
cumstances the Judgment should not 0o re-
/ yersed. ..ns.,
Mr.. Morrlck. Allow mo single word.
May u plcase ygr honor. I sc tnls aaesu n.,9
difficulties, and although the ruling Of youT
honor Isperfectly distinct 10 disembarrass the
| whole matter, VIII state that do not care
about Mr.. Gould. Let u 20. have enough
Ia the case. HIS testimony Is only cumula-
\ - -. a.. II. L.
Justice DIN. Worry wei. only wish you
had said that an hour ago. "a. ,..a.T
Mr.. Morrick. shOuld like 10 have the Wit
ness hero, but did not like thls cm6arrass-
mcnt In the case.
Nj. Moore. We are very much obliged 10
Mr.. Merrick for relieving the case OF THE en-
harraesmcnt aud allowing us 10 90 on Win u.
II he Is satisfied, and thinks he has enough In
already, We are l am sure. We Will nov
) proceed 10 make the motion for a non-suit.
/ Mr.. Wilson. May II please your Honor,
propose merely 70 state what the grounds ?
; our motion are, leaving 70 Judgr MooTe INC
, argument Of II, as am not able W. argue u
| Justice DIN. 0entlemen Of tho Jury, yol
mas be excused for 20 minutes now " You Dc
T afro 10 be, because this IA q question betweei
1 the counsel and the court.
: Mr. Wilson then read the declaration, an
9 then said; Now, your Honor, the hrst obscr
r walton have 70 mike In regard 20 this u
Q The language IN itseif-the quotation-refer
4 distinctly Is a claim, speaks Of a claim, On
q characteriIes a claim. There Is nOth word J
o the declaration-thAt Is, in The part that
n quoted from the newspaper eStractS-in re
Il gard TO McGarrahnf personally.
g am not speaking now OF what connectio
y there may be and how much an allegatln
Il against the claim may DO considered an ALI
N CATION against McGnrraban, but ] say u
'. wordsuuoted In the declaration referdistlnctl
Is and exclusive TO tho claim itseli, and d
A, l h. sss.aa HOFNr Ill
,e Mr.. Wilson read as follows; eve have &c
At dom seen more interesting piece Of villain
" than thia," (meaning that the plaintiffs al
10 claim Is piece Of yiliainy.)
i, Justice Olln. Il not that fair innueni
Y fryG ,S s, lsnsusge Ssed d,r uono, ma, mn
cr Of IL, but II adds to that "and the plaintl
II Justice DIN, That Is perhaps enlarglng 4
b. innuendo, and yet IL Il q little Doubt
We whether II Is proper. ,,.,..
cd "a mans claim Ia a piece OF yillainy." 'YI
", present q claim which IL o piece Of vlliany
Il, Now what docs that mcanl
H. II means that you are dishonest; that y
In arc "a rogue" that you are engaged In
piece of villainy. Doesn't Il mean that II
he does not, language don't mean any thing.
cd Mr.. Wilson, am not through yet; ! "
Just stating what the language Is, and ! v
In calling your Honor's attention to that and
the InnnendO there adding more than what
he inuendo can do, viz. enlarging tho meaniI
am not speaking Of what may be pro-
he and legitimate influence from the langua
". useo, ous mgrey NM w a., .isa ~, ~,
ny Ne useq. NY .',.Sn ~, ,ho ,,,aIn,,a hi
vi self Is q villain, Ia an enlargement OF
meaning, and lnadmissible for that purpO
ng and thai the language really relates 10 nothl
est more than the claim. What the consequent
put Mo " ulat, ~ ,, ouI WV '""" P''N'0N
ION o'a nv, " y oui t,., 80 a. 4. tn,or.s,,
no lui nlrau, on oo,,,or, ond
,Gr om fpu,p t,s roSnsd na,npc ~ M 4
all etesg uni Le IVHnou !, ~ ~ ~ ~
we ausnPs ~ ~ .,,.,, <, rohtspiP "
uns saiu ythih Is ~ AtSeniRs ~ rp1Vv,eiJi =
"a me pdhihthI rooooi') inoio ~ Ho ."
II distnstlon, Goeer p:,. ,,,., =, ..,..,,,,
w, JusIce vhn' Eerhhps lna' y IN u ~ ~
m ht,lo 'he ouhee ian innuenu"' ""' INC '''''
ne iair: 900 - .----.--.J--
"a that .....F-.
a Justice Olin. Well, that Il libelous enou
Isn't lt-that the claim Is an attempt at T
n bery2 .H...
on Mr.. Wilson. was going to say, y,
ny Honor, II You will allow me TO get through
re Justice DIN. Certainly, Will allow yot
en- get through.
he Mr.. Wilson resumed the reading, rs folio
nv from the mere fOot-pad, In the shape OF
ler mez," (meaning Vincent P. Gomez, throl
ne whom the plaintiff clains the title 10 6
at lands, - inc case ms utauincu bOHicHuht
polished Claude Duvall In the shape Of
mr. Garrahan," (meaning the plaintiff, and I
dc he Is an accomplished thief and robbery
Sc. Now, whether that Ia the meaning or I
III II one examines the grammatical constr
IN, ton, am unable 10 say.
let Justice Olin. do not think II has
JUS meaning, but the pleader might have d
M that very well. While cannot take Judi
he notice oil who Claude Duvall was, II was V
ne significant, but the pleader has not 80 reel
ed. what that referred to-what was meant; W
n was intended by that so as 10 point Its sigI
liy eance. We will pass over that You may
m Claude DuyAll saint, n you choose.
or Mr. Wilson. Really, as q matter OF fact
has no meaning &C ALL Il says the case
H. assumed" &c. Now, how the case In
fo- shapC Of McGiaTrahan can assume anythl
nv am utterly unable TO understand.
ay Justice DIN. Il IL lad grammar, but Dc
or spoIl the intent. Il means simply this, /
Mc6arrahan had turned up polished SEQ
Le drel In the shape Of Claude Duyall.
~ | Mr. Wilson II doesn't say that v,