Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-11-07
FROM KNOXVILLE.
The Supreme COurt-Baxter vs.. Saund-
ers d Clark-The Reversal-The City.

The Supreme COurt-BaXter vs.. Saund-
ers d CIark-The Reversal-The City.
To the Editors Of the Union and American:
KNOXVILLE, Nov. 4, 1s71.-The Supreme
t6qPggrI aS6ra6e S0SSiRg peifripet1afi0h of the
high esteem in which it is most justly held
by the people of the State. Its respective
members are men eminent for purity of pri-
vate character not less than profound judi
cial learning and ability. In its decisions
and opinions, the court goes to the merits
of the case before it, upon the facts
stated, and applies the law and
the principles of the law in further
ance of right and justice. Al
Who witness its labors are readily impress
ed with the force of this statement. The
legal fraternity of the several Circuits COM
posing this section of the State is largely
and ably represented, and many cases Of
great importance have already been passed
upon-several of such general and public
interest as to call for the immediate publ
cation of the opinion of the Court in the
newspapers. Among these l propose to
notice the opinion of the Court, in full
bench, delivered by Justice Sneed, in the
SANDER case of John Baxter VS.. r. 5.
Saunders and |. S. Clark, from the Knox
Circuit. Your having already
given the opinion to your
readers will materially aid my present pur-
pose. 1t was delivered not only with an
ease and 1uency exhibiting perfect fami-
liarity with all the points and true merits Of
the case between the parties, but a proper
appreciation of the duties of the court be-
low; and the words of his Honor tCere tceH
measured, when, in reviewing the rulings Of
the court below, he said; 1--WE are of OPT
Mon that the ruling Of the court in permit
ting such latitude to the plaintiff in the ar
gIIment of this cause was irregular and rep
rehensible. Although ''iTTegltdr and rep
rehenSible," in the opinion and language OF
the court, as expressed by the learned
Judge, the question of reversal for these
reasons only was reserved, inasmuch as
there was another good and sufficient
ground.
Such a rebuke from such a source, ad-
ministered to so dignifed a member Of the
judiciary as a Circuit Judge, could not have
been for slight cause. and conveys a lesson
which, if needed, will but add to the digni-
ty of the Bench and render the ends of JUS
| tice more easy and certain of attainment.
The case was most ably conducted for
NJ
| Crozier g. Son. To say that the father but
sustained the foremost position he has held
| for more than quarter of a century at a
bar pre-eminently distinguished for its
learning and ability, is but to repeat what
is but a common expression among the
large number who had the pleasure of lis
tening to him. The son is rising member
| of the profession, close student not only
in law, but in literature, a sound, logical
reasoner and forcible speaker. He COM
mands the attention alike of bench and bar,
and indeed of all who are within the sound
| of his voice.
In the case under notice Mr.. Crozier, Jr.,
| after stating the grounds upon which the
| suit had been brought in the court below,
! stated that the defendants had demurred fol-
| insufficiency, upon the ground that the
| plaintiffs declaration did not show the pub
licatiOn complained Of to be actionable. He
discussed at considerable length the ques-
| tons of positive and legal malice, and
| showed from the facts of record that neither
existed. He maintained that The publica-
| ton complained of was-as purported, to all
| intents and purposes part of the judicial
proceeding, partly delivered before and all
| published by express permission of an hon
orable Judge of high Court of Chancery,
given in open court, and IN reply
to a speech made by Baxter himself
before the Court, and during the same term,
and published in the Knoxville Chronicle,
but few days previous. "These are the
facts, these the circumstances" said the elo-
quent young advocate, switch laid the
foundation of the present suit. The plain
tiff, by his attempt to prostitute the sanctity
OF public court Of justice to the accom-
plishment of his own malicious and vindie-
tive purposes, has involved innocent parsons
in damages to the amount of twenty
seven thousand dollars, and he is the
beneficiary of his oIon ,1r0RgP Mr.. Crozier
discussed that class of cases dependent upon
their bona .fdes, also that class which is alb
solutely privileged; and maintained that
'the law holds the proceedings connected
with the judicature of the country so inn
portant to the public that nothing therein
said, with probable cause, with or without
malice, is SANDER; and, in like manner,
nothing written, with probable cause, under
the sanction Of such occasion, can
be libel. Under the latter class of cases
he present suit falls" He further
insisted that the defendant, making this