National Republican., 1873-03-07

Jury, wero nicely considered, and astuto and
acute contests between lawyers as 10 which
should bo the sharpest In everything the other In
specimens Of special pleading.
Now, what have we here in this declaration.
OF rather In the article, or the words complained
Off We are not at any loss or difficulty at all
We do not have 10 trace these through soms
other fact or some other condition Of Things or
situation TO show that when this young qIrl ia
plaseal , tse relation q something else that she
have the simple allegation that she was lewd,
unchaste, and that she was lending herself 10
sednce, using technical expression in a certain
trade, that she was rrocuress.
Now, all that we need do Ia to set out those
words, and allege they were spoken Of and con-
eernlng the plaintiff. Just that and nothing
more under any rule of pleading. II the words
are nctlonable we have TO show the person 10
whom they apply.
The Court. That is the polntF
Mr.. Riddle. That Ia all We may prove Il in
any way. A party is not compelled, and never
was, TO set out long rtgtnaroe OF facts-to point
out the road by which you propose to travel, for
Is all "lnducemcnl' They cannot traverse II.
You never put inducements In issue by a ira
verse. II you set up inducement improperly, the
other party cannot dcmur to II. Its not demur-
rable. II e slmplr the introduction Of the gist
Of the matter. That is all, and this court for the
slsest Of reasons, following usages, "a they have
grown un everywhere else, have simply said,
"spTead out your matter Just as you claim 1t to
ter opinion Of the court that have a declaration
mere which IA. defective, why will 20 hack;
think eau draw good declaration.
The Court. No doubt about that.
Mr. Riddle, (cOntiDuing.l And spread out the
inducemcnt.
Ine Court. Now, this Is the way this matter
strikes me.
Mr. Riddle. am not here 10 contest doubt.
ful matter. have too good case for that.
The Court. ] feel the force, as counsel are
aware, OF the wisdom Of cutting down, and Of
cutting up by the roots all tho unnecessary ver-
hlage surrounding an Issue and bringing parties
equally up 10 their work, dealing as little as pos
slole with trnes; but We have here, II seems to
INC, more than trlne. Tue question IL whether
the plaintiff has been llbeled; and unless there
ls enough In the body Of this instrument to point
70 her as having been libeled, or unless there is
something eNtrinslc OF the language Of the libel
Itself that Identifies her with IT, as far as ahe Ia
concerned II Ia harmless.
Now, II you rely upon extrlnslc evidence to
Identify her with u tho facts constituting il and
constituting the Identity ought 10 appear in the
declaration, for u Ia counting upon the article.
II you should declsre In Assumpsit upon a prom
lssory note; u John Doe should bring an action
against Richard Roe IN assumpsit and declare
upon the following note, and the note should he
executed by John Smith, II would he demurrable,
because the rfdSieh or specification Of the action
taxes the cause OF action away. The obligation
o. John Smith Is not the obligation OF Richard
Roe.
That this libel requires extrInsIc and additional
proof TO involve the character OF the plaintiff
here IL manifest from the reading Of IL. Nobody
Is Identified In u. There Is an ayeTment In the de-
clatation that II was uttered by the defendant,
fcrt OF the libel Itself does not show the fact
u shows general utterance without IdentifyinR
the plaintiff. The only question In my mind H.
alone.
should have had no hesitation about II on dc.
murrcr; but these cases that have been cited ap-
pear 70 have been decided on motion for arrest
Of Judgment, Now, this Is simply the utterance
OF correct opinion on the bench, but It Ia an
opinion that shall be compelled TO act upon In
the further progress Of the case, u the pleading
Mr.. Riddle. As understand It, the court
would exclude the evidence. That Ia, It does
not permit me TO read this article. That Is the
point upon which the question arose.
The Court. Yea, sir, that Is where II arose. II
the issue permits me the latitude Of the law un-
DER demurrer, yes. would want to inyesti-
gate these cases little more thoroughly to see
whether under an lssue OF mot guilty" the
court may determine the questions that ought TO
arise on demurrer. Here Is this statement. No.
body would know who Il referred TO without
matter extrinslc OF il; "iiaving deIsuchei The
mind OF one girl TO such an extent that the trus-
tees have expelled her from school TO prevent a
ne 81 se induced her
companions TO his room. When there, he made
the most insulting" &c.
Now, who that Ia, does not appear in the
alleged libel, and must, therefore, appear hy ex-
tiinslc ear marks, or the action cannot be main.
NJ. Riddle. will ask leave to amend the dec.
laration.
Honor please.
The Court. I shall pursue my ordinary practice
amend.
CTo Mr.. RIDLEY You may withdraw Juror
and amend your 'declalation, or take your cleo
ton whether 70 go TO trial or not. That Ia the
practice that have pursued In furtherance Of
Justice heretofore, and am Inclined 10 purEue IL
In this case.
Mr.. Harrington. II the gentleman will amend
az the trial table, we having leave, OF course, to
plead TO the amended declaration, we have no
objection to tho gentleman amending and are
prepared to 20 on.
Mr.. Riddle. II would take me thirty minutes,
perhaps, to do II. think | eau SIT here at the
trial table and make the amendment, as am
pretty familiar with all the forms OF pleading;
but would prefer doing It at my once. II Il
were later In the day | would ask the cOud TO
adjourn for the purpose Of allowing me an op-
pOTtunlty to do so.
The Court. II you prefer, Mr.. Riddle, to take
little time to do It, viii remit this Jury until
tomorrow morning aud take up another case.
Nc. Riddle. ! would thank your Honor II you
could TO 30.
The Court then, after admoul shlnq the Iury 10
be punctual In their attendance al 10 O'clock
this morning, discharged the jury until that
time.