National Republican., 1873-03-10


But more. Were there any giris or zone girl b
day Of February the little all Cox and the little
girl Carr were suspended, and On tho 9th Of =
March they had been expelled. "liaylng de- Q
that the trustees hare expelled her" ia the phrase
Of the article. II refers TO a past act Of the
trustees. Here are AT least two who, 50 far as
publication. Perhaps there were others. But
II was pretended this little girl who appears as
a plaintiff in thls action was only suspended,
two or three girls who werc expelled, and to
whom this language was perhaps capable Of np-
plsa,t9n' ,n m ~ would be violent GonS,rpeti3nIt 3,
II referred to girl not coming within the words
used. That Wu net DO. The plaintiff must not
ont as presented. aud what is alleged in the dec
liratlOn must be proven.
But this certainly Ia not done. Grdcc Huriic Ia
not embraced in the language Of the REPUBLICAN.
She could not be, suspended as she was on the
18th OF March, and only expelled on the 22d.
Here on the records they speak IN unmistakable
on the 18th, 10Th, lith, 18th, aud 18Th OF March.
Everything combines to establish that the plain.
tn was not expelled when the pretended libel
was published. Do not say, II you please, gen. |
tlcmen, that this Is too excessive aud nice criti
clsm. II Is not. You are asked to md a verdict |
Of damages against the defendant, and you can |
only do this according TO the peadlngs and the
| evidence.
whC tells me that suspension Is the same as |
| eNnuslOn3 lnt ulGtlOnAflCA OF hnu away
the idca-common sense rejects It; and u any
thing can be certain it Is thls: Whom this article
was prepared Mr. Harris, the writer, referred
wrote the heading, $50 far deprayeL as TO render
her expulsion necessary" referred TO an expelled
child; 10 an anti.bicgraphcal fact in tho life Of
some child, "Unc giri." But expulsion was not a
fact In the biography OF this giri-of Grace
Hurdle. Suspended shC rd, srpclci enc Irds mol.
nat 59s TG ,Ss, S ,S,.s Is qssH c
girls had become so debauched as to become a
prOcuress but the word proc0rrst does not con-
nce9 not 'S wdn wG any s1g petsS1 Gssspa Il
tlon. II may have been one OF the other
little girls. n may have been q mistake; but the
llttlc gif. II Is not said Grace lfnrle was a
"procuress," but thls word goes back to the
,'9ns girl girl.somo girlHsnd the pronopn
article OF ITSELF as respects the girl, 1t Is vague,
Indefinite, and does not include the plaintiff. Is
dencef II is attempted. In the declaration II Is
charged that this plaintiff belonged to the female
Grdmindr school, hut In that attlclo there Is no
reference to the Grammar school. On this point
, II reads thus "On complaint Of the trustees Of
public schools for the First district" The Gram
mar school comes In only by the allegation Of
, eNtTinslc matter, and because this little girl be
lOngcd to the Grammar school, while the Others
, belonged to the Primary or intermediate schools
,, II does not follow that she was meant, rBther
How, then, allow me To inquire, governed 10y
the burden VI proof, by the weight Of testimony,
can you nnu tnat tnlH little Hlrl, tue Iantln, was
referred to7 Can II be done7 observe, am not
, starting the inquiry for your consideration
whether possibly she might have been embraced
' In such an article but the question Is, Is there
anything In the article to indicate or show that
she, rather than some Others, II referred tO7 II
y Il sad she was little older but there Is nothing
= In the article Itself to Indicate whether II was
one OF the younger or older girls who was ex-
Z PEELED. But as a fact, the younger were, aud not
: the elder. Age cannot here he descriptive, or
. identify zone girl" Consider II was one Ot the
girls but II Is not Indicated directly or Indirectly
whether the girl was Of the age OF ten or twelve
or fourteen. Il Is simply zone girl" was un-
! fortunately so debauched that she was expelled.
Surely then, you cannot IND that Grace Hurdle
Y y was the one girl referred 10, eau yOu2
p m NOW 'u va H. PSss,S s,g , iTr ,s SNu
- as II Is laid down IN so many boOks7 The court
q q will pardon me for reading single sentence
~ from u case In the supreme Court:
+ sin every instance Of sander, either verbal or
!, written, malice Is an essential Ingredient II must
Il In either be expressly or substantially ayerrcd In
y the plea1ngs, aud whCneN or there substantially
- avefrrj, and the language, either written OF
!. spoken, is proved as laid, the libel will infer
Il malice until ne proqr In the crcnt n dCRin' b
n crpidinoi. ."-IWhte vs.. Nichols, How, y. So
= Aud this "Where publication Is detamatOry
y the law infers malice, Unlcs5 ang,hlnI can y
y, cation 10 r.jut that iltcrehct. ."-(WhcatonS Sci
= wyn, vol, cd, p, iOTo)
!, What II this gtri incidentally was referred to.
~ Where Is the evidence OF malice, OF il-will
~ Where Is the evidence In this article Of the least
~ uukni feeling towards this girl, towards thi,
a. "one GlrI II Is rather; u you please, through,
~ little girl should be 80 debauche1 aud 50 cor
~ rupted as to require her expulsion. True, III,
- fact Of some bad conduct aud Of expulsion Il
10 mentioned. II there had been the least ill-wil
~ ~ stirring thg heart Of the writer Of this arcl,
N, towards this girl her name might have beer
w w mentioned, u known; aud II It was known, /
~ was carefully concealed. She was re
NJ garded gently, kindly, tenderly, aud the In
y dlgnntiOn Is stirred up against "a wretch
/ - ma Nyhn IA.
~ ~ public schools, filled with inaocrm children
w AS the article terms them and-when fond parent
supposed that they were under the care of IN,
,o teachers, and engaged In the cultivation OF tn
fe mind, which would ~ them for the future and 70
Ia taking proud anl proper station In society
!" would endeayor to leai them TO his rooms, an
. In those rooms articially ply the wlles Of seduc
g! ton and corruption until their little minds pur
~ and halowed would become polutedand staine
1, by the breath and touch OF his contamination
" aud guilt. That Ia the tone Of the article. "I
Is hi1ted that there Is law TO take hold OF suc
CI o case. II 80, how can society protect itself7
'o wretch so vic should not certainly be permittC,
~ ~ to roam at large"
M, The inquiry Is, GLOW can society, the parents
OF the fathers mothers, be protected from the leT
he TUus touch OF one so lnfauOus.7" But Throughout
er there Is not single harsh or unkind eXpressio
~ with regard to the little girls: not one that ind
ed uates that there Is any vi feeling or mllce and
no II there be any malice then connected with III
mi article II must he the cold cicle malice that tn
o. law lnfcrs. Implied, because an article may b
Injurious. Aud that Is not all. The publisher
M, article was written; was ignorant OF Its eNis
AZ encc, and saw II for the nrst time, II was see
m, by the readers Of the paper, when u came froI
hc the press on the next morning. II cannot Il
ir. pretended he acted dishonesty; that he had an
mi malice. Nor had hts employees any III feelinI
on none whatever. What then, II you could pai
~ from the nrst point and arrive at The conclusio
10 this little girl was implicated, how then: Coul
IN you nnd damages, at least OF any consequence
~ ~ agai3st this defendant What damage9 Damag
W. 10 an extent that would Justify the bringing
M this action when there Is actual disprOQt Of maci
10. and OF III will and when II was for the good {
, . the community, for the benefit OF society, thu
cI this paper directed attention TO this man Butt
~ II Is not an ordinary case.
NJ NJ Allow me In this connection 10 present wha
~, are correct views as TO the publishers Of new
eu ~ papers. They are better than mine.
~ Mr.. Cook then read lengthy extract frol
We Coolies constitutional Limitations, page $50, an
M Such Is the true function Of the press. Aud
k this case you Will observe that tits article Al
IA. peared only after The arrest Of this man Butts an
AZ not before. II was no hurried publication. TheI
eiT was no premature rushing into print and 1t ha
or been question grayely moOtel IN the court
In. as his Honor Is well aware, whether a. par
,e TO be riylleged, because judicial 1t Is not NJ
~ Cessary for me TO detain you longer. TheT
lie cannot In the nrst place, be verdict for III
ils pantn In this case unless you are satisned-nC
10 by conjecture, not by impressions, not by syn
ny PATTY but by consideration Of the artle!
'tS 10 tSa PsnaS n''SSi IN SoancSon @ % Win ren Il
on other testimony that II was Intended /
en- refer to the plaintiff, aud that Il III
mn SO point to her, and would be considered as dOn
rE 30 by the public or by those acquainted with he
81 And, II you could so mud, then this would be Onl
10 case for the lowest conceivable Of damage
as But hOT eau Be that In the absence Of the proc
~ Of Identity? Who does not regret that this lltt
d, glTl had TO come here with her case7 do.
10 would have been far easier II the case had NJ
m. been commenced. What II her parents had ne
o. dragged her into this couTt7 What II they ha
hi not placed her AS picture to be gaZed upon b
hi this crow17 What II she had not passed thes
streets In going to and from her dwelllngl VIVA
,al II no rude eye In this crowd had rested on heI
What II this Jury had not seen herr What then
nd She could have gone through this city, on any
on Its broad walks or grounds; she could have al
al peared anywhere, aud no one could have llfte
M finger and said " Tha, Is the gir
n that was turned from the public schoo
III aud who was referred to In the REPUBLICAN Q
- the 18th Of March, l5I2." Can you uuderstan
Is this parental dragging Of the girl before the put
Al llc7 What does II mean7 Oh! what does
0t mean2 Where Is the parent with correct fee
III ngs who will take his little child In the buddn
80 and blushing Of womanhood. and because OF
rh vague and Indefinite article, such as was pub
n. lished In the REPUBLICAN, bring her into III
courts Of justice, TO be subjected to the Tud
a. gaze OF gentlemen and OF the vulgar or OF tn
n pure and Of the liceutious7 What does u mean
- Who nnxes the deepest stain upon the child, III
~ parent that thus acts or the article that does
~ indicate who she Is, H. indeed It refers to her
h. al7 Who docs the greater wrong TO the poo