New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-02-05
THE HART-TOWNsEND TRIAL.
A SEALED VERDICT TO BE GIVEN TO-DAY.
THE JURY AGREE AFTER DELIBERATINd FOR AN
HOUR.

HOUR.
The summing-up in the Hart Townsend libel
case was begun yesterday morning before Judge Van
Worst When John ID. Townsend, the defendants coun-
sell began to speak the courtroom packed and every
seat was occupied until the given TO the jury
and they had retired. Mr. Townsend dwelt at length
on the importance OF the case, and thanked
the Jury for the careful attention they had
given to It from the beginning He called their attention
TO the entire lack OF evidence any malice the part OF
George Alfred Townsend in the articles published in
The Cincinnati Enquirer. We are charged" said he
with having injured this mans business three
years ago. The records Of this will show that we
had force them 10 trial We have had overtres for
settlement At the very time that the alleged libel was
published all the papers pointed at this man ponting at
Hart as perjurer."
al object" said Mr.. Neweombe there Is no such
evidence in the case"
There Is such evidence" retortcd Mr.. Townsend "
give you fair warning conne yourself strictly to
the evidence as do He didn't bring this suit against
George Alfred Townsend fer the sake OF money There
something beyond this Nneenths Of the people In
this community believed him guilty of that bessty pro-
ductOn the Morey letter. and It was necessary for him
to rehablitate himself in way My client found the
plaintiff associated with Howe & Humme and a couple
o: perjured seoundrels they had brought into the
city. will show by the clearest cir
cumstantal evidence that they themselves were
the orignators Of that letter" Mr. Townsend reviewed
been read the OF the trial. in attacking
day and then seeking curry favor with them by the
grOssest attery the next He read TO the jury the ada
Wits and examination Of Lindsay and Mercy, in which
they claimed to suborned by Hart his agents
TO they did. "Ihave never seen sworn denial
Of the statements made in their aidavits" commented
Mr. Townsend. Isn't it strange that neither Howe nor
Hummel Post been called upon deny the state
ments made in the afidavits that both these
two men had been paid money for
their testimony by Hart, when they were
all implicated afdavtsi They didn't dare 10 do
it. 1 have doubt that in summing up my learned
brother will point TO the struggles of this poor man,
spear-bearer sawdustman, gdancer, up to being the
proprietor of the nastest sheet published in the
world I'm only producing evidence that ought to send
him to States prison"
Mr.. Townsend then reviewed the circumstances OF
Lindssys or OBrien's conviction and sentence. "I
there is God in Heaven he exclaimed such wretch
"a this pointng Hartl who for weeks tried to fOis
that letter on the people, and then let that
poor, miserable OBren 20 10 prison for his
own offence. must meet his Just Deserts He
denounced the course Truth in making the assertion
that churches used for immoral purposes In speak
Ing OF !1rmis attacks on President Garfield and its
word OF that kind at that time aud he would have been
strong up lamp post To save HIS miserable neck he
was put stop those sourrilous attacks"
The letter OF Howe Hunmel to George D. Roberts
denounced Matchmaking piece OF paper that would
Facsmies Of the envelope in which the Morey letter
which had been printed in Truth,
shown to the jury and their attention was called to differ
ences between the two and the Inference was drawn
that the envelope had been manufactured by Hart From
against James A. Garfield" said Mr. Townsend until the
nOe pTUseq entered, there not word IN Truth
against General Garfield The day the nole proseqd was
entered there most yruent attack After reading
article from The Herald hatering Hart M townsend
he'd up SoR Of n. FJ1a M and sad
that accounts for the article Mr. Townsend called
the attention OF the jury to the curry flyers whom he
he had in the court since the trial began
He did not believe they would dare approach this jury
but he wanted them prepared for any approaches In
closing his argument Mr.. Townsend said There Is not
bigger act OF scoundres out OF prison than this Morey
| letter gang"
terized the entire defence as yilanOus Vlndctve and
| malicious. He said there no foundation
| for the malicious libsl except in the magma
| ton OF George Alfred Townsend. Speaking OF the
occurrence in court when John D. Townsend
called Hart a liar. Mr.. Eeweombe said: ~
the counsel the other side he walked toward the
witness and shaking his finger said deliberately you
This brought Mr. Towsend to his feet. "If tho gentle
wishes TO make personal attack on me- ne said.
81 would like to know It. ready to have my character
compared with his any day"
1he characters Of the lawyers not trial here"
tnterposed the Judge aud Mr. NewcOmbe renewed his
arncnt He vent over ali the testimony and Justified
Mr. Harris throughout. He spoke sneeringy OF
Judge Van Worst charged the jury that they must find
T3b vas estshiisbed Tor public plunder or IL they
found that there had seen malice afrmatvely proven
by the plaintiff They could not take into consideration
tho letter The PhpadcBhja Times, 1t was written
subsequently TO the alleged libel
After line charge the Jury retired and were instructed
10 bring in sealed verdict at 1880 this morning. They
arrived verdict and left the courthouse al Go after
having been out little over an hour.
After the Judge had ordered sealed verdict 10 be
brought in by the jury John D. Towusend and Frederick
~ Eyarts, counsel FOR George Alfred Townsend lett the
courthouse. Mr. irt, Richard : NeWcOmbe, MS coun-
SCI, Mr. seinharlt, Of Howe Hulnmels Office, ex-
Warden William johnson and others were scattered ABOUT
the building until the jury came H.