Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-11-27
THE PRINCE-CARRINGT LIBEI,
SUIT AGAINST THE STAR.
How n Partnership OF Lawyer and
Client for Speculative Damages
went for Wool and Came
Back Shorn.
They strike for saO,OOe and Get Nix.
The Speculative PartnershIp Called
Upon to Divide Costs in
stead of Spells.


day, November 10 in the Circuit Court OF thi,
District, Justice Cartier presiding Messrs. +. c
and j. G. Darlington appeared for the plaintiff:
Messrs Riddle, Miller and 4. l. Stanton for the
defence.
ARGUMENT OF HON. z. L. STANTON.
May it please your Honor, and YOU, gentle
men OF the jury, this case was argued Yesterday
by my associate and friend with that power OF
clear reasoning and eloquent expression with
which he is 20 highly gifted. and nv personal
preference would be TO let the defense rest upon
MI Riddles graceful and fOrcible presentation
OF II. We were willing, indeed, without argu-
meEt, 10 leave the case TO be disposed of ac-
coIdIug TO your sound Judgment, under the
enlightenment from the court as to the legal
UrlHCIplts which should govern YOUR delibeTa-
ti"IS. But Our adyerssries were arlyiOus an
considered II necessary tor the maintenance OF
their cause TO bring TO bear upon YOU the great
guns OF their OTdtOTy. And since argument Is
required, have no right TO withhold my Il. rts
such as they are, at this point, any more than
IAu ~ any utber stage Of the trial. 1t - my
duty 20 bear my share OF the la Dor, AMI ponsi
bItty OF the argument.
The defendants are the publishers OF a news
paper. 1t l. respectable business; a useful
hus II i lawful business; and while
these y PENDANTS conduct il in an honest ami
legitimate manner, they are entitled TO protec-
tor at the hands OF courts and at the bands Of
luTies. They have q right not merely to record
political information, but they have a right to
collect and TO publish matters of general inter-
est, occurring on the public thOrOughfaTes
N h.,
transactions OF the business of the community.
II Is their right, and il is their duty to do 20.
now, suppose that you put upon this publica-
ton the construction which, by distortion and
by eNaggeTatOn, counsel for the plaintiff seek
to have put upon it, and what lie the result?
May ii please your Honor, submit that any
matter which concerns the public; which would
be of proper interest to the public, ii Is the
privilege of newspaper TO publish. Not ONLY
Is il the privilege of a newspaper to refer to the
wrong doing of an individual under certain cir
cumstances, but 1t is eften Its duty to do so, pro-
vided, always, that it is done upon reasonable
motives.
There was recently tried in the city of Balti-
more an action OF libel against the Baltimore
American, arising out of publication relating
TO an assault made upon certain voters passing
through that city, in which it was alleged that
the plaintiff, a man by the name of SNYDER had
participated. The court in that case Instructed
the jury TO the effect-and | submit that such
Is the law of libel-thst a newspaper may pub
hsh information in good faith, and for proper
motives, even though the wrOng -dOing charged
De crime imputed TO an individual; and even
though ultimately it prove to be untrue. The
learned court said in that case that the news
paper Is innocent If the publication is made in
the course OF lawful business; il il is made upon
reasonable information; if it IL made for the
information OF the public; If it is impor; ant to
The pubic in order TO the correction of the
abuse, and the prevention OF its repet tIOu: AMI
therefore the communication Is what is called
IN law privileged communication.
W.
IN : counsel seek to place an exaggerated and
distorted construction upon this publication.
FoT the sake OF the argument. grant them that
construction. Then, though the matter be Ii
bellCus, the question ensues is the publication
Of II by newspaper without Justification or is
II privileged II this plaintiff, wantOnly and I'M
Justi1atly and wickedy insulted a lady custom
er-nOt hy his tireside, not in his home circle
but al bis place OF business, to which he invited
and solicited the public, and which any member
OF the public may be induced to enter-and if
afterwards, without any just legal excuse. he
sought her arrest upon charge of felony-then
that was matter which it concerned tn pub
lie TO know, and which IL concerned the wives
and husbands of this community to know; and
therefore 1t was q matter which a newspaper
might and ought to publish. And If this news
pareT acted In good faith and upon reasonable
lniOT nation in publishing these facts. the ques-
ton Is not - neither the matter is wholly and ab-
solutely true. The law does not hold journals
TO absolute certainty and mathematical exacti-
tude, but only TO good faith and reasonable in
formation. And though this distorted andeS-
sggeTated construction be put upon the
present publication, yet since the matter
concerned the public tire conductors OF the
paper had right to publish it, il they believed
il TO he true, and acted in good faith-as there
can be no Doubt they did il this case, whatever
meaning be given TO the articles. Therefore,
gentlemen, even II counsel would sustain the
construction which they seek with much
Effort to establish, still submit this would not
be a case in which YOU could inhict o penalty
upon these publishers.
But what's the real meaning of this publica-
tlon? What is the general tenor and the pur-
port OF II? For that is an important point in
Judging whether IFS object was to hold this
plaintlf up TO deTisiOn and scOrn, and % bring
him into contempt. 1t is simply this That
having cause to suspect lady whom he did no,
know, whose innocence, therefore, he was not
presumed to know, he, missing some articles
followed her from his store, asked her NAM,
and in response to her request informed her of
the cause OF his inquiry. There is no NbqIous
meaning here; no holding up to scorn and de-
rlsion IL tnia,
Afterwards it Is stated he went to m Magistrate
and sought warrant fer her arrest ANY pru-
dent man might have done the same thing.
There was not even discOurtcsy in il. And then
1t Is stated that the husband, being angry,
WhlPIed another man, suppOsing him to be the
plaintiff. That is all there is OF it. In its gene
raj tenor and substance which as i submit il
what you are TO look at. You do not wish some
little fOible of your nature separated from your
whole course of conduct, the whole context OF
your life, and to be judged by that And. there
fore, submit that to pick out a word OF this
publication here, to spy out another there, to
spell out another somewhere else, is not fair
mode OF ascertaining the meaning of this arti-
Gle. On the contrary you are to pass judgment
in respect OF its general tenor and meaning;
which imputes no acknowledgement even impru u
dence. to this man, and which alleges no fault
But gentlemen, I do not rest even upon this
theory OF general tenor, l will follow up the
separate words picked out by counsel and see
hhelous meaning; any imputation, anything
which would hold this man up to scorn and de-
TisiOn.
listened with some care to sneral Caring
ton when he came to this part OF his argum en-
10 see him put his finger upon even one word
and even by separating ii from the context, put
upon IL 1belOus meaning; and then intended
10 select and eXsmine that word fairly to dis
cover if il were Iibelous. That is what l pro-
pose now TO do. Bear in mind that IL is right
to regard not merely the general meaning OF
the article, but to consider also the relations
between the parties; and the testimony is un-
cOntradicted that there was no disposition To
injure this plaintiff General Darlington now
puts bis finger where? At tie caption "An
lnsulted Wife" he exelaIms in stentorian tones,
"A husbands vengeance" "The wrong man
Iunished"U.
And then he said. and l took down his words
that these expressions meant in substance that
Prince was a blsckguard, that he had wantonly
and unjustifably insulted lady, that he mer
lted the vengeance OF her husband, that he
ought TO have been punished, and that he was a
coward, who ought 10 have been whipped by
the husband. he cuts Off from the article this
heading, and he gives these words that meaning
which, however, they will not bear.
IL is stated in the context OF the article that
Mis-. Hume felt agitated, aggrieved. insulted.
Now, submit that this imputes no fault OF Mr..
Prince. / do not see that, as represented in this
article, he was to blame, but I am speaking
now only Of the representation made of him in
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