The times. [volume] (Richmond, Va.) 1890-1903, 1890-01-22
THe JUDGES INSTRUCTIONS
To the Jury In tho Monument Libel Case
sudden Illness of Juror.

FREDERICKSBURG, Va, January 2l.-
Special. In the libel suit Of Colbert and
kirtley against shepperd, growing out OF
the Mary Washington monument, Judge
Mclaughlin resumed the bench today al 10
O'Clock. Sergeant Ellington stated that one
Of the Jurors. Mr.. John Griffin, was absent,
owing % a sudden attack Of illness. DR..
Ashton, who had been called 10 attend the
sick juror, stated that he was too in 10 un-
dcrtake physical or mental work Of any
kind. The court adjourned until 10 O'Clock
tomorrow. when the case will continue, or
one Of the jurors will be Withdrawn. and
the whole case will have to be gone over
again.
The instructions given 10 the jury by the
Court contain about three thousand words,
the substance Of which is as follows: That
the publication In the various papers Of the
country, made by Mr.. Shepherd. was, as a
question Of fact. privilege, but In the exer-
else OF that privilege, il the jury believe
from the evidence that housed language not
necessary 10 maintain his good name and
that Of his family, he could be held respOn-
sble for libel and if the jury thought him
guilty Of a libel, they must then ascertain
the amount Of damages he was liable for,
and i'm doing so they would have 10 be gov
erned by the bill Of particulars filed in the
case and the evidence produced 10 establish
the same.
The excitement about town has BY no
means abated; on the contrary, il grew %
white heat when the following was flooded
over the streets, in the hotels, and every
other place Of public resort, viz:
$40 the Public.
FREDERICKSBURG, Va, Jan. u, 30.
"The Free Lance Of to-day, in is account
Of the proceedings Of the libel case Of
Colbert and kirtiev against George W.
sheppcrd, saws: 'Mr.Shepperd was again put
on the stand, and denies Mr.. Hunters state
ment in the following particular: He never
said a man sometimes loses his head. Now
we do say most emphatically that Mr.. shep-
perd did say those very words. After say
ing this Mr.. Hunter then said: "Mr. shep-
perd. in the interest of, and for the good name
of dear old Fredericksburg. with your per-
mission. If you will not write any moro, we.
MIR. Knight and myself, will see Mr.. Col
bert and see if compromise cannot be
effected. and stop this controversy" t0
which Mr.. Shepperd replied that he would
feel very grateful to us If we would do so,
and we left him with that understanding.
John T.. Knight, Charles +. Hunter. Sworn
and subscribed 10 before me this 2lst day oi
January, 1890 George 4. Downing, j. p"
over the above card excitement is rum
ming high, and serious consequences are
expected. Mr.. Hunter is a gentleman Of
the highest character here i'm both business
and social circles and an eX-member Of the
City Council. lie is native Of West Ches-
ter, New York. He came 20 this city soon
after the war and established the famous
Hunter Plow Factory here. from which he
has amassed a fortune. Mr. Knight is a
man Of wealth and a member Of the City
Council.
The case for $4,000 for breach Of contract,
by Colbert & Klrtley against shepperd.
growing out of the Mary Washington
monument, has been continued 10 the May
term Of the court next. owing 10 some legal
objections to the declaration in the case,
which the plaintiff will amend.