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

ipon inspection Of thls Article, thai nltnuugh
1 may be true, a. your honor says, that the
,harge as 10 the claim involves an impuiation
upon the character Of the party, yet u y not
70 charged, and u IL not 80 In the vords.' thht
arc quoted.
The words relate 10 claim or swindid OF
whatever elac II may be called, and the result
Of this Il Just this, which 1 conceive 10 DO Nc
law and shall ask your Honor 70 rulu, thA
there Il In law worry great distinction he.
tween q remark on an occasion In regard N
claim or q thing and an accusation In wizard
TO person; and that although thoAe words
may be lfbelous, yet they arc only made libel
Gus whom connected by proper ayeImenv With
result OF the publication % these words. That |
Is TO say, that IN order to'make thcse words |
which relate 10 q claim or thing actionalc, |
there must DO an allegation Of epeclal dan. |
age In tho declaration and there must boproot |
70 support that charge for apeclAl damage that |
there wuh In the character IN which the plain |
tit sues here Aomo direct injury TO him, some |
allegation OF damage which no sustolhoh. |
conceive that 10 be The Distinction which the
law makes. 1I.fl mon" TfaE
Justice DIN. do not quito understand
you. State your proposition again, Pleaae.
testify distinction between any. remarks that
may 10 made about . person, bis character,
and about thing Of which he d the ownoE
or the business In which he u engaged.
Words may be used In regard To- person
which arc actionable pr ~, and which would
not be actionablc In regard 10 4 thing Or q
business unless accompanied with an ale
CATION and proof of special damage re-
sultlng from them. That Il Tho proposition.
Justice DIN. Ia that true2 ~ sFH
Mr.. Wilson Ithink 40. ~ %
Justice Olin. Do you think that wna a very
Wicked claim, and Il was -wIckcd hscqnse i
| (thc claim ltseifO wasi Or DO you .tiiink ithe
| oatural infereneo ,voNla 10 thsA nory,i,ltnfy
was wlekcdiy prosecuting tho eiaimp The
claim did not do anything. ~
Mr.. Wilson. win Illustrate that again In
this way In the publication 81 a book there
may be used tie mot severe epithcts, and
GSS may s SS sAs mon and S5sa
book, and In regard 70 the Ideas, doctrines
md statements containcd In that book, and
yei that Is very dihcrent thing from what
the same remark would be, OF similar expires
SONS, II used In regard 70 thc publisher q
author Of that book. ] say that the saint
distinction exists hete upon what may bt
said, or upon what had heen said by the pub
Usher as against McGarralaan, and rs agains
claifA which was merely aomeihing wliicl
he was prosecuting before Congrczs ~
TINT "A order 10 mako aettonabic what wa
said m regard 70 the claim " \ nccessaay tina
there shall be an allegation that there wa
such a claim pending before tho courts, ant
that there were damages resulting 10 him
special damages, II you please, from NJ
: words that were used In this publication.
D Justice DIN. You do not mean-to say, as
propn,pon OF Jaw, ,nat WHY" nsnkuuSe y
tseI nnSloan you nave w y, ~, ,,,,o, "
: have 70 polntit hy innucndo 70 It's applicatio
Y to the plaintiff, then you must aver aud prov
i special damages, or what is the proposition
Mr.. Wilson. Thought had made myse
un1eIstood Lie nv 'nne. IVY t,io'o ~ = n,
oaely ulsunctiVh uctN ~, - ~ ~ ~
! lAttAhAiis clh,ni peiOIy "a s Inv =. ~
M SS %You arc S a thief. You tried
j i lsndF of course, in an action Tor SANDER,
would not be actionable per g TO say. that
!" steal land because land was not subject
isrccny,
m n ms heen held nyer nna over again III
a thcre must be Imputed 10 him some lndictal
Il ofIonce. / say Tic same distinction must G
IA In rc,,nrd u a ncrson. the Individual cha
A actsr Of 4 man. and TIC business in which
as L engaged, ana In order to make words Q
Id tionahle which relate 10 a claim or business
IN Ia neccssnTy that there should be an ave-
. mcnt N moot az speciai damage. That Is /
or proposition; that Il Is not the same 10 say
70 Inc Megnrrnhan claim, that II IL "a 'swind
M and 10 sav of Mciarrahan, that he Ia.
g, swindler. 70 alET.ua#
n Justice OlIn, You say In the one case IL
he the law would imply damages, and. In /
4, other snccIaI DAMAGES uIlst " Ayerred "a
NJ nroved' Now n Won can show me I'M adm
Is Gated ease in a CONT rs high as that Of a Il
TO lice of the peac, regarding that question,
NJ ~S Mp Wilson, WI s1 "a AZ stated before do
n propoao 10 arpue IL, because the condition
al | nv heslth wifi not admit of my making
m arsnment Il -day. = Your HonoryJEill see ii
nd in his ease they have IAntlcipA iSa q part
Nc he objection. because they have referred
: tho lntyod1ction az an deciaratiouto IA Il
, a ~, IA the time N cornmiltine Me gfiOvib
n co,nrsn MA n tl,e niaiuiifI had pelnAikf u,
mo Eongress Of the Iluitnd States mn aupli
a - INC CONTINUATION 70 Inn q grant
A. &c, tan lands IN Hhe sIl ~ h, i n this oh
Your Honor VIII sec tael NM 4 an nC Ils en-
actoI ~ = 80 80. ,,a.d. ana IN
u' another reason why lncso moias M oa
taken aHa,nst nun nv ~. 49,
" him Us Icing eiaiiailt vsio'o v ~
linen uneIe u lhe lSl '.i,Ni t.,'s.' ~
~ which relate 70 the ei m Mlicn H. d sngs
10 had pending peiorH OonS sos,c, S da%ao
Nd but merely With the Ordinary aiiegatlons '
he suffered IN hls .lnI,i n,,d
OF the 1lltihloh o. MI ~ ~ S,.u Z,
lat that from the lact that .iieIe ~ ~
=, he had eiaIlh oIo NJ, on .no P,ha, Sn
plahtil lhete ~ ny ny Co,,,rnss M
uhJ 1910 fNn-1 ...ta..l y
time these words Werc ul AS ~ s,,,,,
ny Justice Onn. lou tuleu ~ your "Poh
'n9 and In the article lhat nc nnu' IA EsJs-5
lal Mr.. heIIiSk, neA sri mat Is 70; =.
w Justice Olln' We may l''ho ti'"' i"V' 10
ga mltted; ,--.. 81 =, - ,,An..A
isH MI. WILSON sAy no P.' VI ~ az
IN, offered on the stand 70 supp0Tt mat mt
all ton; and say. moreover mat ulose W.
I, are only actionable US haNng goen l i,.N,
regard 70 THIS clalIil anu ny M ngtii lli.
~ Garrahan Personaiyi anu " on "
nc the lnn9endo 10 enlarge snc ,,a nnos ..
III words uat arc Iuo.c '.,, III ~ Z
they can be made apllicabie 70 MN per
ally that We are enutiedt0 hoh7suiS .
lat cause they have not ancged OF proNeu
IN special damages; ~, ,
Justice Oln. DO you WIEN 70 NC hearu'
nr Moorep -,
Mr.. Moore. have no great ankley ~
70 IT,, u your honor pleascsi except INC GO
" dence have In the eorTecthess OF INC "
10 proposition IA TO this ilbeious inatter In reg
ny 10 the property the land. a.,
Justice DIN. You mink that they HD =
do the land or tho claim rather than meu