Daily national Republican. (Washington City [D.C.]) 1870-1872, 1870-06-30

ne occason u tie MISTER pubshed and bsd iSlt h
~ ~ so verse q M 1atey ne alaeace gf such hon
ooea6p II the matter pubiishsi AZ, tSss, s s,,st
sEshsr 10 easSsSa % W ~ vas sss mi
,ssil 9ssa,e become. pgee,ey 70 a,ger,sin he bo
his intsre. in making We pablirsnn M n. y
stpalne bcean, thq lniaet 4 esspnts 10 e5nsiltnts
o. ovidenss q sssic6ee o. iho s5soacs q iss
eseuss 'n'oi that tls pghllsist, While prctsSdas q
9s ". fssii se.seirs wa istssdss y Il,
ny" ~ wv VIZ g Sss , w s would
stance from which bad faith might properly ~ in.
az sppes % have been SiisS sif l isa gGs
ercnse mnllciouay, u viii DO actionAbls n peou.
scoSss q hs pSson SSd hdaso Rs man Hss
~. rule, that laasyase sopeernng thing 4 action.
excuse, u also occasions damage 10 the o. the
It's different thing. soatlsmen, where language /.
used IN reference 10 the perona character Of iud
ydsa When nc Presgnp a q lay e hls lnn9oeges
Gus word. IN rcferepee 70 ha character o. which
s sSSs, Me sI az q malice nat who
vosds about an{thinE he owned, ancss somo damages
Now viii illustrate suppose IL were conceded that
Mr. Mcleroahau was tho owner 81 this tact u land
Nj MugtSgh bad gid that his tile wssa bad opo
buppogo no bad sAadernd tho ttlo ~ representing
sagced no LOST BY reason Of the speaking q TIE wor
woald any damages have ocCurrod " MoOArrahAnf
S%Sors Inc R ps Psa n ~ nh W. "a.
words TO tlo The plain roassn Is this. q & thing and
thing about that thlug you must sssc and psSss that
.oge loss has accrued y ~ account Of IL hero 4
the JUN, botter established than This principle.
hoTs AZ dsST SssS 10 VIZ ~ SSos e we'g NJ S9od
- understand them, arg precisely In accordance with
now rpsd FROM Grcgnlcai, page ssl..
where the matter Is Hstlcasble cns "a respect Of
empress psiioe IN tho Defendant Saoh y lhs eass IN
aotl9ns tor SANDER Of uue In these cases the DO
mnlies. MAY give IN s,idoaoo that b. spaks no spgs
olAinlaF ute IL himself OF az the attorney Of the
snd tho words not enJ ~ ial.e bat they must b
sSi eoaseaasaes, " Issasissy sansrs u g re
vlaintiii winch must be specially aSsod y ths dosiS:
advert 70 this principle, gentlemen, ior Tho purpose
ass'ns n. Homer =. tho Popey time p ins,igct yuu
words, bad rpisrsnee TO Mr. MooATgahans elaim a !
ssss sss via not ts M ess IL Tho & 40, q
na,nun cannot recover anything IN ths suit because
hg has AID no special damages for losa . his property
Nov, ssntlstaen q ~ inry submit I, you. IN all
is, III Be SANDER AZ all; and Il 4 be nothing but
SANDER o. title tho books are full o. authority that
oorc GsaErsss viii ~ Sh Tat Il od%scasSScS y
that IN consequences those false anu sianderous Wur;
DO had met obstacles and objections In the way Of pros
" mich moacy in defending u against those false and
S We a5 T g q yS ngs oS have been
must have intodnood witnesses 70 prnys What these
consequence Of tho pablIestisn 81 these words Bai
what y ne name o. God aad eternal Justice, IL thu
ages, but that no has NJ thus y sns ssslcoot o. thai
ground y DO iniurrd b what any bdy may Ny about
hoaeS he Ssd shown o w6ss he has no, ns sorS
the shndqv Of title In Mediterranean =
na upon & So S' ssS Mat
dneod some title here % show that McGarrahas VA
otheasfobabe preteIt Tor The prosecution Of this sa
a me as and S i Ss q ma
THIS case say there 4 no right Of property titls
law books ~ that u be had any iitie - The propert,
no must hiegS what this tuiup that he sustained
IT'S he prosinSs o. me jury . dstsnine Waetssr III
words "a laid In the dseliuon and proven are appii
o tic claim which 10 ssts up 70 b fanoc6s Rancho
HisJour proylnoo - d,tennlne whothor whoa tbos,
DO 70 tie personal character q MoIArvahSn Or % n,
ylAlll q land clalu er land which he pEosoeut
sstismon Of he in, but Z Z nSSsssaTS N esdsr !,
~! @J Views n, s,1ad past ger them ssain,
sod ysted and 'nsli,'oa.y Intending 70 iniurg ~
s h h WI y ms sB f9a nsmf g and sTsd and :
ADD 70 prejudice bis aid claim before the Congsess
The United states harrtIforc, 10 W.T. tho list day o
% defendant, vol knowing the premisss.r Wen
liyinE msn on sarib wh1 DID know that McGGrrahaS
lad any title to TIT. nruputy OF any ghL He thi
maasnt, Wei toSiiS Gsntisle Il would ha,e be ~
dcsrge Of p7Photic LuoV,letEo that nothing shoIt q
pt q fs e. e.. SSST SsG r. sa w o LIN
Ne'ang hut diyids atom eOald prnstrats the mert,
nssgd aal have sea a,Y lto ia Ac,;anahan; 9 Yet
s GG'lns n w S siS bs1s w. sS wi9S Mssrs
ltItsr 10 ojail have 'cci ans itiO in Ie6afFshsr
pa ias ~ day Of Ap,il, isl9 q The county afg.e
rUni.ic,s falsely nlcKediy and mSciously did pui,
s Snd si5s S ssa to 20 published o. T.;
Its said claim tor the conformation Of slid grant Ca
tain tAse scandaloos, malicious d9s'uatot hba, en-
lbcl1ua mat.or following o. and concerning MS sais
elain. namely we have seldom seen mors iatereat
as AID claim piece q vilanJ, and the plslatii
,hsl 9 IaIsadod . p.iat III. hSEaaEs t?w.rd. w
paint u tho tias vhiSh i was intended TO ea@prS
bend when Il written" Now, lot read Il with
and sse ~hs s L sSoS tSSt e.
moaning Of the author Of the words was directed 1
nsy iassFusiIaa rsm u 6uasas S,Sss
tempt a. robbery ison the nsrS iootpsd is the shsp
UlsSds laval Il he shSpe 81 MsnnsaSas anu IN
uGYsosn sqpRo.ters vino w2rh IN hts name"
Il relates % Inc character Of is Thing about whie
The writer talking aud although q may p with
osrp Win q the charge that 10 i ifraaduisai man
although 70 may cary Nih Y everything which
pSst Tho SGa aans &C and Ds unS SST M
mako that slsnd1rOas upon character which In Law
shsso az Of sl ~ SSSssed me ks word
themselves, not SANDERS Bat what is the pnbliea
asusISsSas poSsSaSy Il IL ssous he Sai% ~hsI
he was settling ~ and proseentlnS before oonPela
Tead was tho subject q these Hrtcles The purpoae
Claim that had been 50 rsisetsd
That Is ono paragraph from that newspaper upor
which these slahdoron' words sAid 10 have boor
Mr. Moore aEalu read from tho declaration as fol
In former articles upon the subicctof tho MeGarra
han ssindo noanlne that tho said plaintiffs claim
Nov, was not that as much calling Mr. McUarrAhar
swinder as 10 say that tho prosecution Of the claim
and yet ia this count hsy 90 not say lai he meant tha
Nj HsG .SnS MAJ was ,.indsE ,. a0.,,
ssssd I! Is sSid that he i5sl ssaEed Tits claim wil
declaration Is founded tho charge Is thai y pisO'
o. yillAlny What pioee q Nillsinyi NM ne eios
Congress- give MotarrahAn grant Of lad tho tiue u
which has been OYER and over asnin denounced a
NoT Eontsmsn o. tho jon, the question b iar ron I,
dstennlne whSthOr that Is fair aud honest pettiont
tie claim d titio through the person, which titio hs
rot only bson denounced as Fraudulent and Invalid
the Historical iosiaro % Inc shoio Irs@ssSIon.
troisafy Of Dc United States an 6Ssest and al
transIeti9n 20 md man petonins at Tho bar Of pOn
Therefore, gentlemen Of tho jury. my ollleaQno Mr.
Wilson, perfectly correct In his criticism upon tn
document shall by way Of asserting again tn
legal proposition which shall Ask tho court TO give
tho jury that u thoy lind from tho examination o. TIL
document this declaration, that the Anthor OF thes
words intended Its application not 70 tho norsonA
character OF MotiArrahan. bat tho claim wAlch b
mas set up that thoy eAnnot find Yenilot for TIL
plaintiff In this suit for II 10 not blander upon tina
little that be r0ach0d without tho Necessary aver
aud proof that some Injury has resulted Y
the thing say those criioiams OF Mr. Wilson upon tn
meaning Of this declaration were pereouy Just and
when y0u take It, aentlomon OF tho jnys sud oonaido
purposes which he had In Wow " writing that we're
Discourage tho Congress Of tho United State from oon
VoyinR away 70 a man grant which had been de
nouneed as fraudulent aud ypid, and 10 buy It ava
from the Unitod States public treasury and give II 4
MefiArrahAn That tbs arA ret matter OF couton
ton. First them gonteInen Of the tuy, tseonolusioi
proceeds upon the DrOpoaitlon that McaarrNhan hAs
something 10 DO Hiandered. He had nothing 70 b
sanhsrod, and hence cannot apply the words 70 an
real claim that hs had. For u is all fase, There IA
shadow OF foundation for his asserting any olA tina
he has 10 aud 10 these lands.
Secondly, that these words Wero sppkan IL relation
u the olA and not 70 tho porn1nA character OF NJ
McCiarrahani and n he hNd claim. lnasmneh as b
has ayerred and proven special damage roaut
Ing from tho speaking Of these words, ha cannot reoore
In this action upon that gr2und ..,...,,
beast with seven heads aud two horns, In tio ehap
Of the New IdHa Mining Company that comes 10 her
and backs up Mr.. Murtagh. Islander suits, gentlemen
81 the iniy are always mOnay-huntinR suits, and M
brother MAttinEy said that the defendant hero was
man Of truth and yoraoty. Knowing how hard \
would DO y find jury Of twelve mea that would
AnAn OF truth and verAnlty and Of his oharacto
.isL di,la faar