Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-11-27
for the plaintiff the court lJudse Cartier, in
structed the iurv as follows:

structed the jury as follows:
CHARGE or TIE COURT.
Gentlemen OF the Jury After very patient
Ayestig cation, which has been very protracted.
we have finally come - the point where W. are
20 determine this matter; and that YOU may he
in full and connected possession o tire views ot
the court in reference 20 the law, I VII read
what you have listened 10 in detached parcels,
repeatedly.
Ii YOU ind in the publication given in ey-
dence, snd the facts proved In explanation 81
II, a libel, YOU wlll ind for the p.a,ult, with
one qualification, which viii notice IN 4 nv
meut.
Under the circumstances Of the case. the
court has seen tt T. submit the quest lcu % Fou.
as Ia whether there =, or Il not a libel To con
stitu'e Il = libel within the meaning OF the law,
You must End that Its terms or IT. tendencies
are 10 make the defendant infamous. OdOus, or
contemplate IN the esteem 81 ~ 'e''o -ri'i-
zens. that its natural sud lroN mate effect l. 20
excite against the defendant public hatred. con
tempt, or ridicule. In estimating the effect OF
the article in this respect YOU will be careful 70
distinguish between diseased Judgment OF weak
or wicked opinion, tEat r-sy torture what l.
written into the ridicule Of tie party. from lie
better and well balanced 10 lEm6nt OF response
bic public opinion.
verdict For the plsinu3 will erttle him 20
damages, IN the measure Of which YOU will Doe
governed by proper estimate ct the facts. n
you ind from the evidence that the public zticr
u unattended by express malice. or personal
enmity, and vas Rot tigateG by wsutouue~-
personal antpSthy, or revenge. your yerdicrWtfl
limit the damages 20 the COMPENSATION or the
lidAhlAh lJi Tue III NV ne mas received
aSinuCh A. there II no allegation or s9ecsal dam
age. the amC ant will lie confined 20 a reason Able
estimate OF the cost and expenses ct the fr-s-.-
cuticn by which the plaintiff seeks 20 plac, his
reputation right before the world.
II Won shall fUd from the testimony thai TIE
publication was ius'iEa-cd by personal au- pa
Thy. or hatred, ct any wantOuueSs ON the psrt af
The defendant, the law iustIiies exemplary dam
ages. 10 be measured by your discretion ana
judgment under the obligation and restraint Ut
your caths.
The case is met by the defendant with the
denial that Il l. a libel. The court has SAID in
explanation OF libel al that IL deems necessary
TO say. lfyou ID all lind this paper not % be
libel, You viii ind for the defendant
Ii Is again urged by the defendant that after
tis publication the parties net and accommp-
dated the matter; that they agreed upon the
matter OF redress, and that that redress was
gwen IN an explanatory article which was salts
factory to the plaintiff.
Ii the proof Satisfies YOU of his result IL would
be IN law, an accord and satisfaction, which
would be a full answer 10 the suit.
IL you shall find either OF these two defences
sustained by the evidence, your verdict Will bs
generally for the defendant
The proof il all before you, and IL becomes
Your duty TO review IL sll, and 20 render upou
the facts the verdict that your consciences ana
judgment dictate.
Take the case and dispose oft.
THB VERDICT.
The jury after a short abse nee returned a YER
dict for the defendant.