The New York herald., 1870-01-28
THE WILKES LIBEL suit.
A Crowded Court ROOm-Closing Proceed.
ings--Samming Up OF Counsel
Eloquent Charge TO the Juryb
Judge BedfOrd-The De.
feudant Acquitted.

fendant Acquitted.
AL noon yesterday the summing up OF counsel IN
the case OF Saunders ID. Bruce charged with libel
ling George Wilkes took place In the Court Of 0ene-
raj Sessions before Cumming $. Bedford CITY Judge.
The room was well crowded with spectators par
ticulariy members OF the sporting fraternity and
readers OF those journals who evinced the greatest
interest IN the proceedings, waiting with all the pa
tience they could command the cnargs OF the City
Judge aud the verdict OF the jury. In the charge
Judge Bedford quoted the words OF the alleged libel,
and briefly, but very clearly explained the law Of
libel, after which tvery appropriate the occasonl
he very eoquently referred 10 the ana duties
OF the wspaper press wherein and by what course
Of action its high mission subserved and In what
ldches 1t deserved only the scorn and contempt OF
the people.
EX.Judge Clark proceeded to argue that the
alleged libsllons article evidently did not mean Mr.
Wilkes but some other party, who had attacked ths
TttrI Field and Farm in the complananrs paper.
lie commenced upon the allegations or the indict-
ment in an ingenious train OF remark claiming that
the alleged hbelious sentences were capable OF an
innocent construction.
District Attorney Garvin followed on behalf q
the people. lie commenced by observing that he
listened In vain TO the defendants counsel for
III
had been held up the public for rdicule. hatred
ana contempt. Mr.. Garvin asked the jury n they
thought 1t complimentary to charge \ man with
dealing In substitutes during the great rebellioni
and then proceeded to show how person could be
libeed by pictures or by language. He commented
upon the significant fact tnat the defence attempted
TO have the case postponed on the ground Of the
absence Of witness named John Morrissey, who
was actually IN court before the trial Of
the cause fairly commenced, but they had not
subpmnaed him. lie also alluded to the fact IN
strong terms that the prisoner did not testify in his
own behalf, and closed with An eloquent appeal to
the jury 10 see that wanton apd malicious attacks
upon private character should be promptly repre-
hended by verdict Of guilty.
JUDGE BEDf0RD's CHARGE.
Judge Bedford then proceeded to charge the jury
as folows:--
GESrLEaES THE JUKy-The defendant at the
bar Saunders u. Bruce, mas oeen indicted Ny tine
Grand Jury Tor liDei, which means for the purposes
OF this 1.-the wanton and malicious Publication
OF an article Without iusdcat.on.n Inat portion Of
the alleged libell0us article on which the District
Attorney asks Tor a conviction IL ~ ioliows:-
The second sampson an editor and not popular orator
how when OF where lie grew 70 manhooa iovns Governor
much because he rsa,ea 80 pardon nas
teaching the adventurous 81 na golden land s valus
Broasr,cx, ana then returning New
w gaming ss Ia ~ 70 the ss
Porter rulnsi man. drum grave. since then
s @ an
the Sasen assisted In carrying on sapendouA war by
In every case OF alleged newspaper libel the pro-
secuton must prove the following facts-First. tae
publication or the article; secondly the accused
at the time Of the publication OF tue arsle In ques
ton was the proprietor and editor OF the newspaper
containing the article The prosecution then resi-
their case, ana the law throws the burden OF proof
upon tie defence to prove Justin alton, and faliing
In this the law declares the accused guilty Of the
L q
verdict accordingly. In order to maze out the
Tor the people tue District Attorney called the fol
lowing witnesseS:-Mr. Charles j. r0sIer, tesH-
copy Of the 1u,y F1eld aaa iasm Of the issue q
ana Farm was publlsned oy Saunders d.
Bruce. Judge bowling was mex. called.
referred TO Mr. George Wilkes. Tue Jaoge ALSO
lied That Mr. Foster came before nim as complain
ant ia behalf oil another party that Mr.. Foster pre-
ssnted paper nm, requested him read It, ana
iQr nm, tnen and there, to give his opinion whether
cined giving Ior reason tnat he might be called
upon as magistrate 10 Investigate the mater, and
referred MI. Foster to some attorney order that
aihdavts might De drawn up aud toen upon the
presentation VI these anioavlts would whether
there was sufficient 70 grant warrant The action
VI Judge Downng In this case u only one OF the
| many Instances OF the high-toned, honor
able manner Ia which he administers tho
| criminal law in this Guy. Recorder Hackest Is
next called, and says tnat In his opinion ths
article In question refers 10 Mr George Wilkes. Tue
Recorder also tells us that Mr. Wilkes labOred hard
win his pen and personal influence 70 make Mr.
BrodericK 7 united States Senator. Mr.. HasKett u
called; says that the article IN question IN 0pin-
ION refers 10 Mr. Wilkes, and tnat Mr.. Wilkes aud
Broderick were bosom friends DR.. Quack enbush
says that he learned Mr. Broderck tnaL no had
made his VIII before going TO California, and that
Mr. Broderick said that no had made Wilkes hls
residuary legatee. Mr. McG0wan tells Us that no
has peen constant reader VI Wtt6es' Sptyt, and
that he had never rcad article rejecting upon the
prisoner This Is the testimony for tue prosecution.
The defence offer no testimony. Neither did the &C.
cused take advantage Of the ate statute allowing
him TO testify ana oner testimony himself own
oeha!L But, gentlemen, Il IL my duty to tell yea
fnat the same statute which g1vea the accused the
right to testify declares that his omission TO DO 30
shall create no legal presumption against MIN.
And now, gentlemen or the Jury, charge you
that II you find, the evidence nrst the Isct thar
Saunder d. Bruce was the editor and proprietor Of
the newspaper entitled me farm. I,ay aad Fleid:
secondly, that the article in question was published
~ ~ alleged; and thirdly, tnat 1T II llbelous In ~
character ana has reference 70 George Wilkes ana
and Unsuitable ends. then IL becomes your duty TO
| render verdict Of guilty L. however, yoa have
any reasonable doubt arising upon the evidence
| tbut not based upon surmlse or hypotnessl, tneu
tnat doubt Is the property o. the defendant ana he
should be acquitted. II, however, you have no such
doubt lnen promptly render such verdict - the
facts warrant.
And now gentlemen. In conclusion, I would re-
marx tnat we areliving IN an age IN which science
IL progressing with rapid strides. And yet we are
only seeing as u We're the beginning Of the end"
the two mighty powers OF the age tne .'prcss and
the telegraph are creating . new era. The latter
furnishes win the rapidly Of thought the news
The foriner the great exponent or thought dlssemi
mates taat news broadcast over the world and when
just ana discreet IN It's asseruons. makes and un.
makes Tue press has n great mission to fulfil
III assumes responsibilities OF grave character 1t
may shape the destiny OF Wen and OF nations When
the press-as am happy TO say IL the with the
majority Of newspapers In TINS city--wieds ita
mgnty lnnuencc, iearlessly and discreeily, 1t ele-
Yates, ennobics and ugnines mankind While, on
the other hand, II that same press, BY sordid and
groveiiing abuse OF It's preroga, es, maiciousy
vents In attempts TO dragoon public men into paying
pecuniary tribute, OF TO lamp0On private citizens
who reuse To countenance the schemes Of jobbing
reporters, or deliberately lets imaginatoa run riot
that sensational creations may I'LL the OF
editors when Initiating the sembance OF honest
newspaper CRITICISMS or peryerIs the ruth, then the
press degrades, numiatcs and demoraizeg.
And now, gentlemen, once more TO The case now
before you. repeat, that charge you tnat II y0u
You Ind on the evidence nrst the fact that saunders
d. Bruce was the editor aud proprietor Of the news.
TuJ and Field; secondly, tnat the article in ques
ton was published ~ ID alleged; thirdly tnas 10
In ll.o IL aha iaaa ,.o{a.