National Republican., 1873-03-10

ase, and when you sit down 10 run over the
estlmony Of the plaintiff only ask, when you
Snd @ yVu W viii ash yourself Who It was that iesiI.
led and proved, on the part Of the plaintiff,
lrsCie Hurdle was tho girl.
On the contrary, the defendant brings hrs wit
lesses into court. First Mr. MuTtagh, who says
hat he was the proprietor 81 the paper, and
new nothing VI II; knew nothing OF the young
ylrl. Next Mr.. shepherd, who says Y was writ
en- at bis request, and he knew nothing OF the |
loung girl, and did not hear her name men
toned. The writer Of the article himself comes |
here, aud SAYS the article was written with |
view TO strike al Butts, and with no view 10 |
touch the character nr intimate anything against |
Oracle liurllc.
would he Just ~ well for some other girl from
the public schools to come IN here Rnd say she
was meant by II.
II you eau convict In this case you can convict
In any case on exactly the same kind Of proof
20 that, one by one, everybody who wanted 10
make q little money out OF Mr.. MurtaRh could
come into court and Try 10 prove his daughter
was meant, and through each successive term OF
court We would be here defending their charac-
terS. II never was written with any view TO
touch her. II does not In Its terms, II does not
by Implication and that IA all there Is OF the case.
Much has been salI In teS case SI ABOUT ns 1nS
OF those who would hold II to strict aecOunta-
billty | TO not believe In chainlng Its titanic
arms or paralyzing lts magnificent tongue. For,
gentlemen, when you come 10 put
the good It works out against the evil It may
sometimes do, the wOrid and civilization are
vastly the gamers. In the main, honest and
fearless, the press has been the strength OF the
virtuous and the fear Of the corrupt; II has al
ways led the van In the great marches Of ctvll-
zatiOn aud improvements u has sounded the
cry OF the oppressed and sought TO lift up man.
The apostle Ct freedom, the patron Of art, the
friend Of education, II 10 power In the world
which moves the world. but make no pane
gyric upon the press; II is able to sound Its own
praise, and, may add, is seldom loath to do II;
but am interested that this cry Of hcentious-
meas OF the press does not blind your eyes or
warp your judgment.
tltutci cannot affect this case, II Mr.. Murtagh
has librled this girl he ought TO be punished; u
he has not he ought not TO suffer. Aud we sub
nit to your good judgments that this article docs
not affect this girl, and WIS not intended so 70
DO. You Know the defendant too well to think
that he would dcfame child, and you Know,
| too, that there Il nothing In this case but the
| hope Of pay from the defendant. | leave this
case, 40 Tar az ! am concerned, to your con.
sciences, controlled by the solemn Obligations Oi
| your Oaths.
ARGUMENT or nos. wN. \. CooE.
| Gentlemen, Il Is q wise arrangement Of civil
| lTed society that when differences exist between
individuals, when supposed injuries arc pcrpe
tfated, that an impartial tribunal, consisting o
| q court and Jury, shall be allowed to consider
anu adjust them. And, however, outside Of !
court room there may he due latitude given Il
passion, u due indulgence TO prejudice, to per
| sonal considerations, 1t cannot be done In cOut
| Of Justice; II cannot be done in Jury box. No
q single ripple Of passion or feeling must stir th'
hearts or minds Of Jurors, nor any consideration
be allowed TO control their deliberations, eXcep
as they may be directly connected with the eNl
dence ana the pleadings In the case,
Other considerations may dwell IN the mind
those who listen to tfial-may influence them
but In the lury-boN, among those VINO occup
tue position that you do to-day. there can he onl
two considerations, "What Is the matter which
on this volume the Blble,l have been sworn :
try; and what does the evidence, controlled b
| II a. from the lins of the Judge
require me to determined" That, ant hH' On',
In ihls, and In all cases, Is what Jury can do
no more, no less. More or less would Of itsel
be a crime. Let Us, then, come to the cOnsldera
tlOn Of the case, What Is IT, II belongs 70 tn
class called ''iibel.' That ~, "a malicious
wicked utterance with regard TO an individual
TO do him injury, or excite against hiI
or her reptOach or contempt. And nrs
Of all, there cannot be one single step Q
Advancement toward correct conclusion In
case Of this kind, without determining TO whOI
the libel refers. That is the INST question
Townsend IN his work on Sllnder and LibC
says: "What person or thing the language COZ
cerns Is material, as upon tho answer TO th1
question depends whether the party complain
ing has or has not any right to redress II IL
libel mentions the name OF an individual dii
tinctiycly, the name by which he Is recognize
aud known IN the community, and In cOnncCtio
with that name asperses his character there ca
he no dlnlculty whatever with regard to me u
diyidual referred TO. The use Ot the ordlnar
proper name OF the individual determines 1
Just as fully as 1t Is determined by the sgI
, along your Ayenue TO whom the stores belonl
! or on your streets lying back OF the Avenue,
! whom q shop belongs. Then there Is no din
Guilty as to the person libeled; but when, thei
J Is no name mentioned, aud the tern
arc indefinite and general, the nst I
quiry which arises Is, "who Is meantT" I
whom, II any one, Is reference made7 Al
: the rule laid down In several Of the text bOol
l aud cases ls-anl the best rulc-thlt the iurO
; should place themselves In tho position Of q
Individual taking up for the FIRST time the artcl
: whether written OF whether printed, aud th
| | ascertain whether they can determine to % who
! tlcle, and let US consider 1t In all calmncss al
! patience. Let there be no Misunderstanding.
wish each Of you, as read 4, 10 follow II
I each Of you. THIS Is Il. ! will read II.
9 Mr.. Riddle. Can't have copy7
Mr.. Cook. You can unquestona0iy, aud hol
e II will be OF great benefit TO you.
Mr., Riddle. Thank you; l will pay attention
n Now let Inc real the whole article. L
"a "a Wretch nI what % should b. be done VaSS %IR RiS
y Then the reference Is exclusively TO Hn int
y yidual; not to female but 10 male: "Charl
!, childhood; nthy scoundrel demoralLing scho
U girls; result Of the investigation Of the sCho
, trustees; ona n he ricfhHS 90 .,dr deprdrcd as
. render her eTpUisiOH necoSsdTy.' This Is col
Z planned Of as a libel on the plaintiff. one
! whom? Why one Of the many school girls OF 4
9 several hundred. That Is all. There Is nClth
9 directly nor indirectly any Indication that II
e fers to that poor little girl who has been drsgg
y into this court In connection with this case.
Ia In no manner described so as to point her Q
e from others. That Is all, "Onc gri.' But VIII
Q What glTl7
i Let Us 20 on. The article reads thus:
II "ohas. W. Butts was arrested yesterday mOTnl
Il at his residence, No, 5l6Twelfth street noTthwe
10 by Detectives McDeyitt aud McLlfresh, on co
n plaint Of the trustees Of public schools for
4 First school district. Butts Is accused OF
Is llDerate and systematic attempts to seducc a
is debauch httic giris, whose ages range from /
= TO fourteen years. II was his practice TO lott
Is around school buildings and induce children
e 20 totlis room under the pTctense Of giving tn,
n candles. HdrfHg dcb1uched the mind ~ one girl
" such al cItCnt that ne trustees haze crpClIfd
70 from schOol 10 prsTeHt TIC spread Qt hcF CrH
d fusHec, he Induced her 10 act the part Of a D
g curcss, and 10 bring her coHpdHioHs " his ro0H
o This Is the additional or second part complain
o OF as libelOus. still, there IA no indication W
the girl Is. sun she Is referred TO as In the ca
) ton, whoever she may be, Us tone yirl." "Wh
there he made the most obscene and insulting pl
s posals, and allied the minds OF the children wi
. the most loathsome ideas. The trustees ha
u been lnvestigatlngth matter for three weel
Il and the statements Of the children show II
l. this scOundrel Butts Illustrates 10 Its fullest
II tent the doctrine OF total depTaylty. The ID
Is jOrity Of the girls avoided the fellow as soon
u his motives were developed, and Informed III,
T. parents Of his Infamous proposals; but In one
&c two Instances he obtained a most unhOly
70 nuence over the children. Butts claims TO b c
10 lawyer and has been engaged lately in the pro;
Iluu VI Cuutthltu tltNllOu case OF bowen
II DeLarge before the Committee on Elections.
10 will have a hearing before Judge smell Il
10 morning. II Is hinted that there Is no law
z take hold OF such 4 case. II 80, how can sOCie
4 protect itselff A wretch 30 vile should not {,
J. talnly be permitted to roam at large"
u Now, let US proceed cautiously. What II
Il the morning Of the 18th Of March you had tax
Is up that article and read Il, after getting up fro
c your beds, or As you sat down In your Chambe
Il or gathered around your nreslde5 and table
a could you for moment have been conducted
4 tho conclusion that this girl who appears
e plaintiff was referred to-that the NATIONAL r
J. PUBLICAN In this article referred TO Craze HIri
i II would have been utterly impossible for you
Il have done 80. You would have come TO THIS co
z clusiOn; that some glrl-a glrl-One girl-was
Q ferTed ". But that II refers to this little q
, who becomes the plaintiff In this case you COu
: not have asserted or believed.
d Now, then, II you would not, from the perIs
OF this article, have asceTlHined that there was
: reference to this glTl-to Grace Hnriic - COu
anybody else7 Could any considerable pOTtii
Q OF the community have done so? II so, by VIII
a msans-by what mental prOcess7 II Il cou
/ not have been done on the 18th Of March, l5l
, how could 1t be done on the Tth VI March, Isl
0 nearly year afterwaTd.
/ II may be suggested that the zone girl
q pointed Out as expelled. That Is true, but III
9 does not designate or point ont 10 tts readers
i the paper who the onS 1ifs' was. she IL 81
o left unnamed, indefinite, uncertain.
{ Such is the vague and impersonal words whiI
is strangely attempted TO t0Tec on to the plai
I tln-to attach TO heF
d But this Is not ALL In the amended declar
: lion let Us see what they DO, and % this Wis
J. Us pass, to direct your HOnOT'H attention:
"FOr that whereas before tho commission
I. the grievance by the defendant, as herein 8
Z forth, she, the PLAINTIFF was q resident OF Was