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

cents worth Of Injury by reason q whit was
said about his defective or fraudulent claim 70
j tiiI nov raa 4 paragraph from this spols
"rownsend on SANDER" II ~ new DOOM
and presume II must be a good one from It's
Justice 0ln. The rule used 10 10 different
that no new books were TO be read at all, but
perhaps because II Is new, II Is better.
Mr.. Moore. IT. has long ainoe been DIS
said there was nothing new under the sun
do not adhere to that old rule.
read from paragraph 100; "And besides to
give q cause OF action for language concerning
q thing, special damages must In all eases Be
Now. M. ltc0. I'm thIsdcclaratiou, ayers that
he has q cause pending FOR species Of prop
erty before the Congress Of the United States,
and that the defendant In hlanewapapor, pub /
llshed Of, and concerning that claim q NC |
oarrahAnS oortaln defamatory words, 70 Wit |
that twas founded In fraud, and itlsinlquitouS
and every other cplthct II you please, which |
llle, English language u capable, may be |
imagined - have bcVn applied 10 that claim,
and your Honor my concodc that the.worda
arc llbelous In reference 10 the claim.
Justice Olln. The claim Is hablc-s that
III 1ta not worth arguing q moment IL
| tsoy do not point this Language by somo aver
ment 10 the effect not that the chain was dis
honest In and Of itself, but that somebody was
prosecuting the claim dishonesty, why OF
course 20 suit for libel eau DO maintained.
Mr.. Moore Your Honor viii Indulge me
| Just moment. donot Intend :.
Justice Olln. Now, another thing. As
/ allowed you 10 amend your pleading In any
/ wny Won Jaw proper, lft were necesgafy IN
regard 10 the declaration, which Is not very
artlstlcally drawn-though ] think j . spill-
Client IN itsslf-I should allow any ayermenr
TO be made to point 10 what they prove 70 10
Inc charge here. so do not think Il worth
while 70 argue the question very long. IA
Mr.. Moore. I certainly, under that lntlma-
tlon Of the Court, shall not attempt TO weary
the Court with but one other suggestion In
refercnee,, 70 hat point aud that " thls that
, your Honor secs, unless by some ayerment
thew ptInl the libel and mako u haso refer
, | ence 10 bad faith or fraud, or something In
! the prosecution Of IL thore u no offence com
/ ml,ted Against the right of fhe 1aainiih. g =
Justice DIN. Certainly.
Mr., Moore. But we havemoyed, your Honor,
4 | 10 non-sult the plaintiff upon the ground noa
4 only TINT there d no aycrmcnt In Tins decla-
I ration that any injuries hayo resulted IN con
: sequence Of the aeBault made upon that ciaAm
r The mcrits Of tho claim-bnt that there Z
: not a sciniula of proof oferod IN thls whole
G record that Mr. McGarrahan was interrupted,
, intcrfered with or suffered any Injury In INC
d prosecution Of hIa claim before the Congress
h Of the United States. ~
W. SSe'I Tst 2 RSfTS S S $SS tcs tSe whole o
It the paragraph No. 129 In this book-Town
Is send on slanders2 -
a Mr.. Moore. No, sir. I read 80 much a
!; related 10 the principle was asserting.
10 Mr.. Merrick. ! think yon failed 70 eN
cover the following portion. | NillfcaA ~
q Mr.. Morrick then read as follows:
mil Tho rules relating 10 SANDER OF title apply TO a
al language eoncerning things but where the lanEIAe
y $: i%iTs' ! S:6 sssSiH:' d
IN person"
70 Mr.. Moore. was coming to that distinC
n tinetlon. Laughter.
af Mr.. Moore burning TO counscl) Wei
b gentlemen, perhaps II may be a logitimat
c subject for merriment, and an, about y goo
at natIued asanyhody know OIL and kanl
To- giyislynp 0hlstnry N Glade Duyall. LaugI
10 teri Now, stfillc out from this deciaratfo
nj all that relates TO the claim Of McGarrahai
II and there a. not syllable In the dcclaratio
IN that would DO regarded defamatory Of b
to character, unless you make II by innuondoe
OF As cDnoolyg which would be entirely "a
hr-fctchcd. Such, for instance that Claut
lat Duvall was the subject Of English roman,
bio and history. A great many incidents arc 10
ar leave Il a matter Of doubt whether he was
he very bad man or pot, II the history Of the ms
nc be true. May he, however, there was mo
II than one Claude Duyall. Laughter,
err Justice Olin. Who was his biographcrp
the Nr. Wilson. Harrison Alnsworth.
Il I
lie, any bloRrnpher, or WINS priest after The q
/. a del Of Melchlsedcc, without beginning OF da
or end Of time. Laughter.
hat Tour Honor has iudleated that you are 81
the isfhd about this motion, and viii not trout
fndll you further. "a
a. Justice Olin. Without going Into any lcngtl
us staemontof the reasons that control my acti'
, l In ne case, will simply say that the mott
II fora non-suit Is denied. .--...
not think limiting the imuendoes 10 the sun
| of les limits within which, the meaning OF :
an pAler Is to be restrained there Is course
| Of q Ioceaary at an 70 say that McGarrahal
In lclam was defeated In consequence OF The
Iact plpIicatione, or that he received any min
'ees wlntever. The law prcsumcs that whereN
one nan Is libclcd unjustly he does receive
led Jun, aud that Is always an answer for II
~. " ',...".ls. .ElI----.-.l..ls..i injury he
AR cekes Ii, o question for the Jury, and not
on tn Court. But the law prosuming, and
u Is think the fair intendment OF this, althou
be The complaint Is not very artlstically drawn,
INST hat MEGA rahan WINS knowingly prosecuti
~ fraudulent claim before Congress a swind
rus md that language unless II bcproyed to
be rue Is an offence. A crime punishable J
up Dnly by indictment and impTisonmOnt, but
yes punishable, too, by way OF damages, and
hat is the same offence, only. worse ~ jdegr
nee where ybd charge your neighbor, ali hon
say Imam, with crime for which he may BE-
hat Idictcd
the In this case he gave only wider publicity
had IT, which Is regarded 10 be o more serious
the Tense than spoken Islander, but subscquep
10 be governed by the same rnles Of cyidet
ing and the same rules of law. The motion
Ia. q non-sillt Is therefore donled. ...a..|E
n Mr.. Wilson reserves an exception. H
adj recess Of ten minutes was hero taken.
4 .s.|l " ft%--A-4 - ~
ecu RRtATUM.-5The announcement Of the
igl-l noIntinenl az Samuel Norment esq.,, as {