Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1873-07-05
THE PIcAYUEE LIBEL SUIT.

Rhett. The LEDGER has not said tina
he richly deserved his fate for plea din
a bad cause, as the Avalanche still in
sists, nor will the readers Of both paper
be misled on that point, which is style'
by our contemporary as the mail
issue. If Cooley had simply per
formed his duty as an attorney and gon'
no farther there would have been nj
duel. But being stickler for the code
and knowing the editor Of the Picayun'
TO be the same, he made himself grossly
and personally offensive to Colonel
Rhett in libel suit brought against the
twelve stockholders of the paper. In
stead Of dealing with only the law and
evidence in the case, he took advantage
of his position to assail the motives and
personal character Of Col. Rhett. This
called forth an editorial in the Picayune,
which was followed by a card in the
Times from Judge Cooley, in which he
went entirely beyond the province Of a
LAWYER, and arrogantly relied upon the
power he represented to justify him to
any length. A troublesome, independent
paper was to be suppressed at all haz-
ards. and he must exert himself in both
his legal and personal capacity to carry
the ends Of the desperate faction inpower
As between the two men who resorted to
the code duello, one acting as a lawyer
and otherwise to sustain fraud and vio-
lence, seeking to cripple and destroy a
free press which exposed the Geslers
riding rough shod over a defenseless
people, and the other who dared TO tell
the truth 70 the world through that press,
we do net hesitate in asserting that the
right man fell for once in duel-not
because he was lawyer, not that we be-
heve in dueling, or care for the man
political sentiments, but because he was
helping by every possible means to fasten
a wrong and outrage upon his people.
A lawyer may, with propriety, some
times defend the worst of criminals, as
it is necessary that both sides should be
represented in order to full develop
ment of the facts, but when he goes out
on the street and undertakes TO fight out
his clients personal quarrels, and as
sumes the aggressive generally, whether
paid or not, he must expect to take blows
as well as give. Hawkins, who brought
the libel suit against the Picayune for
100000, expected to obtain a verdict
through a jury VIGOROUSLY hired and
perjured. Hawkins was member of
the board that returned Lynch to his
seat as Judge without any returns.
Hawkins was rewarded with judgeship,
created for him specially. The Plea
ynne, knowing his bad character, criti-
cised the appointment very severely. he
brought the libel suit before Judge
Lynch, whom he helped by fraud to put
in his office. Lynch returned the favor
by overriding all laws and rules Of prac-
tice where he could benefit Hawkins.
We give some space to this suit
and its results, because it is one
of the most remarkable caess
that ever disgraced the annals of the
Judiciary in this country. During the
trial Judge Lynch made about fifteen
important rulings, every one of which
was against the defendants, against the
law and against the rules Of practice in
the Louisiana courts. The defendants set
up a plea of justification, avowing that
every statement made was sustained by
proof and believed by respondents to be
true. The statute of the State declares
that the truth may be pleaded as a justi-
6cation in an action for libel, but Judge
Lynch ruled against the defendants, nor
was Governor Warmoth allowed to tes- |
tify that the returns were made TO |
him, and not TO the Lynch board.
General Lohgstreet was not permitted |
to answer question, and the de-
PENDANTS were deprived Of the right 10
prove anything against Hawkins char
acter, although he has an indictment
hanging over him in the Parish Of Or.
leans for embezzlement, and his actions
have been such that he dare not 20 on
the witness stand himself aud answer a
question Lynch had decided the case
in advance, and shut the jury up in a
hot room full Of mosquitoes and vermin,
aud told them they had 10 stay there I'M
I'll they agreed The two white Demo
Gratis ON the jury accepted brides, as
they aiterNard swore. 10 get out o! the 4
hole. thinking their declaration Of the |
fact would inyalidaie the verdict When /
they preached the subject in Court 1
Lynch told them to shut up. and had /
the las turned of instantly Damages /
were fsgod Tor $4,000 only. Add now
Judge Lynch, who owes he position 70
the perjury Of Hawkins, after all bis
other despoiic fnlings, refused yesterday
70 grant new irial This condensed
statement is made GOT as any part Of
reply 10 our neighbor. bat 10 give an
idea Of che misruls and prostitution Of
ali Law and justice that prevails 10 Lou
isiaua The forns Of lav are continually
used for basely partisan purposes. snd
tbe Rbsu-CoOley duel is merely an incl