New-York tribune., 1874-03-14
THE CHAILlSs LIBEL CASE.
CHARGE OF JUDGE SUTHERLAND.


The trial OF Tenne G. Clafin, Victoria
woodruff and James Blood, for the alleged libel upon
Luther c. Chaiss was continued IN the Court OF General
Sessions yesterday. The summing up upon both sides
having oeen finished Judge Sutherland delivered his
charge to the jury The prisoners appeared very ner-
and anxious, watching the Jlry continually as IL
to catch the impression made by the Judges words;
The trial be said was not Que between Chalss
and the defendants, bat tho people and the
prisoners at the bar although OF coursc Mr. Chass was
deeply interested 10 the result tire defendants
Both plainant and defendant alike Interested,
and IL n this light that jury were TO look az the
case. Although the punishment FOR libel was compare
lively rihng, he considered that the
der the circumstances surrounding IT, was 81 very great
Importance. and he would therefore state the law at
length. II any OF the jurors through sympathy with
the prisoners from having become indOctrn ated In
the moral reforms" Of the defendants, had already
formed opinion it hardly possible that anything
he could say further would change their minds. When
he had beard Mrs. WOoihull with hesitating manner
and trembling accents tell tho story OF her suerngs in
carrying out doctrines, no ped her. but he must
not allow that sympathy 70 innaence him in the dis
He defined the iaw OF libel at length quoting from
great number of wcll-uown authorities. He said,
Though the matter charged 10 be lihclous be true,
1t by no means follows that the prisoners are not
crIminally responsible for its publication. You
Will not he Justified In finding verdict the
@ et SS f@s hs facts st O G s sa ad
Ibeous article true. As matter OF law charge
that the matter Is tOelous Is the matter CHARGED
to be Hbei0us true, and was it published with good
motives and for usaDle eDdsi IL Is duty to con-
slider nature ana tendency Of the article and all the
evidence in the showing its tendency. Considering
the and character OF tho matter charged 70 be
hbelOus, or your Oaihs, and III view of all that
has been said by me, cannot ind any evidence To
show that the matter published with good motives
or justih ible ends"
In conclusion, Impressed upon their minds sho
gravity of the and the necessity Of deciding among
much conflicting evidence, what TO nc believed.
The charge occupied nearly hours In delivery. At
1920 y. III. the jury retired.
At 1880 the jury into Court and the fore
stated that they wished for instruction the fO
lowing pDut: Are to consider the motive pre-
decide according own ideas OF what are good
motives and justalbe ends. Tie tenth jUOr explained
tuis ~ meaning whether they TO judge by the
evidence OF the wltnesses belief of wnat gooi
motive, by their own idea OF what right. Judge
Sutherland wered that they must judge according To
evidence, and the jury again retired Upon further
consideration he concluded that he had misunderstood
their question, and sent for them to return.
He then said: =" | was right In saying that you must
Judge whether the motives good, and whether the
matter was published for juSfabe ends, from the ey
dence for there other way TO jude hut her sincere
that they good does affect the question
AT all 1t is for you to Judge whether they good
motives not whether she thought they IL would
be absurd put it the ground that matter s not
lbelOus because person causing III TO be puDhshel
Thought he had good motives"
lie then Informed them that he would wait uni $50
D. m and then home. A. that tine they had NOT lcft
their rOOm and accordingly lOcaeJ ny for the Gzat
Tae Court viii meet at II Il. m to- day.