Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-11-07

publication by permission of the Char
cellOr, in open court, while entertain
ing proceeding which the plaintiff claimed
as a personal and professional privilege, is
absolutely pririleged." The learned coun-
sci claimed as probable cause for this per-
mission the fact that Baxter s'had made an
court, and had had the same circulated
through the county in the columns of the
Chronicle, thus taking the initiatOry steps
for publishing a libel in the Chaneery
Court. Gen. Joseph A. Mabry made
a reply to that speech IN the same
Court, under the same privilege claimed by
Baxter, and asked permission to give his
defense the same publicity which had been.
given to the other. This permission was.
granted, and under this sanction of the.
Court, the defendants, Saunders & Clark,
made the publication. There is nothing
whatever to show malice upon their part;
but, on the contrary, positive testimony, the
privileges Of the Court, and the sanction of
the occasion to show an entire absence of
malice.
CAS- to the general character of Baxter"
remarked the speaker, ''his articles pub
lished in the Knoxville Chronicle are re-
ferred to as proper exponent of his char
acter, from his own press. And it was for
this purpose that they were introduced to
show the fact that it was his habit to decoy
any one who was so unfortunate as to incur
his antipathy; and not, as plaintiff insisted,
to show his malice toward Gen. Mabry.
These letters exhibit apreconceived, system
attic and cunningly contrived method to libel
and SANDER others, many others, besides
Gen. Mabry, with safety to himself.
1t is a serious thingto bring action for libel.
1t is nothing more than computing the value
of ones own character with a nOtary's fig
ures-plaeing price upon it, and present
ing the valuation to jury of twelve men
for confirmation. If they bring in verdict
for a small amount, it is Notifying; if they
render the whole amount demanded, they
have only made one of their fellow-citizens
recOmpense for that which, if possessed by
the complainant, could not be lost by the
conduct of another. Character is not a
gossamer thread that may be broken at
any time by the touch of a word. II is
composed of deeds, and every day of our
lives acts which may become liUing records
of the good or evil that predominates in our
breast. He who does not control his
thoughts cannot hope to govern his actions.
An equivalent for character has
never been discovered, nor does the law re-
cognize money as such. The verdict Of the
jury depends upon the atrOcity of defend
ants conduct, not upon the good character
of the plaintiff"
In closing his review of the cause in the
Court below, the learned counsel said:
'When we consider the positive proof of
want of malice, the attending circumstances
Of ha
belief that some reasonable cause existed
other than malice; the failure of plaintiff to
prove anything in aggravation of damages,
and relying only upon the presumption of
malice, it is requiring too much that these
defendants should pay him the sum of
$4,000, when no special damages are al
legged. If this be justice then it is the hard
est, most cruel thing in the world, to bear. "
In the controversy between Mabry
and Baxter of which the publica-
ton complained of is but fact, it is very
evident the defendants, Saunders & Clark,
in the language of the learned Judge
Sneed, in the opinion delivered, shave been
required to bear other burthens than their
own in this case"
The lengthy and learned opinion was
listened to with more than ordinary inter
est by crowded audience, made up of the
members of the bar from the several cir
cults in attendance upon the Court, as
also many prominent laymen. 1t meets a
hearty and general approval.
The city is evidently improving in quality
if not in quantity, judging from the many
new buildings in course of erection. Bust
ness, however, is very moderate.
Yours, truly, KNOX.