New Orleans Republican., 1873-06-25
AN UNEXPECTED TURN OF AFFAIRS.

has staggered ":his community in very
rough manner. Such an event was never
before heard Of in New Orleans. On
former occasions it has only been reces-
sary to intimate through the public press
how certain set of political hacks de-
sired case to go. when a convenient jury
was instantly yoked up, and it was done.
The eminent legal ability of the counsel
was highly complimented. the learning
and impartiality Of the judge were ex-
tolled in the papers. and, finally, the
whole thing ended in a dinner, where the
"feast of reason and the flow of soul
prevailed in loud proportions. It takes
the breath out OF the old social and legal
tyrants to find their rule is over. and that
the law is superior to what they have
heretofore believed in as public opinion.
That the P:cGyne should become e1-
cited over this sudden rebuff is quite
natural, as i: happens to be the victim of
its own bad temper and folly. Besides,
what lawyers there are in the directory Of
that Journal placed too much confidence
in their persuasive powers before jury
to fear any disaster from too free indul-
gence in the license which journalists oc-
casionally mistake for the liberty Of the
press. Bu: the ponderous legal artillery
of the Herald has been placed in position
and opened fire upon the Fourth District
Court. its Judge, the jury. the counsel in
the case, auaany and everybody suspected
of having Radical turn of mind. N dis
cussing the case the Herald starts ou: with
mistaken notion of the case. and wab-
bles painfully through very heavy column
of what is evidently intended for legal
erudition. The editor. who appears
as the volunteer champion Of the
defendant, makes the same mistake in the
outset that the learned counsel did before
the court. He conceives that Judge
Hawkins was ON trial for perjury, whereas
the P;cayNns was on trial for libel. Judge
Lynch firmly refused to permit the coun-
sci to merge one case into the other, and
carefully excluded all testimony that was
not relevant to the libel suit. In arriving
at their theory Of the case it was neces-
saHy to assume that whoever chose to do
SO could sc: himself up as cour. of in
9uiry into the character Of another, pro-
nounce a judgment, which amounts 20 q
libe,. and when called to account for the
oftense, justify himself on the ground that
he believed he was right. No one knows
better than the editor of the Uerdld that
under our laws neither life. liberty. prop
erty, reputation, nor any Of the belong
ings of citizen can be taken from him
except in pursuance Of judgment
Of cour: having jurisdiction over
the subject matter. Does he claim
for the Pic1y.s. that it had legal right
to adjudge Hawkins guilty Of perjury, and
when called to account for its usurpation
Of judicial functions evade the punish
ment by subsequent arraignment Of the
gentleman who had been 50 grossly
ibeled? Does the Herald maintain that
under our laws, or those Of any civilized
country, it was proper for Judge Lynch
to review the Judgment pronounced by
the Picay.". in the matter, and if there
was reasonable grounds for the decree to
affirm it. or if it appeared to be given for
insuficien: cause, to reverse it: This
would be admitting the journal to the
rank of a court of record.
Judge Lynch had a perfect; clear view
Of the case from first to last. The com.
plant was for . Nbelous publication.
The defense WAS that the charge made
against Hawkins was true-that is, that
he was perjurer. The very offer Of proof
was in itself confession OF the part of
the defense that the plaintiffs allegations
were true. for if he had not already been
convicted Of perjury before they pub
ished the article complained of, their as
sumption fell. and their defense went
with it. There were but two defenses
for the PicGyuae. One was to deny the
fac: Of publication. and the other to
prove the truth Of the statement com.
planned OF. Neither Of these was possible. |
For the ibelous words were published |
and the plaintiff is not, and never has
been a perjurer. It was as impossible to |!