The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-02-08
LAWYERS BA I Tie
OVER Y0DER SUIT
Legal Contest OH Instructions
Covers Wide Range OF
Authorities.
ARGUMENT IN CHIEF TO-DAY
Question Believed to Hang on
Good Faith OF Man Who
Criticized Saunders.

Argument on intricate law points
involved In the damage suit OF clyde
w. Saunders against Adon y. 1oder
and the Williams printing Company
continued yesterday. After some delay
the jury, which was called at ] a. NJ,
was adjourned over until the same hour
| to-day, in order that counsel might
present certain citations to eases ar
Sucd as prccedents.
The greater part Of the day was
taken UP with the argument of Charles
V. Meredith, counsel for the defense,
who brought to the attention of the
court wide range of decisions OF
American and English justices as to
the meaning of libel and the restric-
tions to be placed on the freedom of
the press. His contention in the main
was that criticisms of public officers
and discussion OF their past records,
both as citizens and office holders, dur
ing a campaign for reelection, was
privileged. ATTORNEYS for Saunders
tried to show from the same authori-
ties that while the public record of a
public man or otlicc-holder was public
property, vet the private character and
personal record even OF Il public polit-
zeal leader was not n legal or proper
subject for attack.
Wide Range OF Citations.
The argument on the Instructions be-
gan ut . o'clock yesterday morning,
the attorneys for convenience adjourn-
Ing to the rooms Of tho Court or APP
pcals in the State Library building,
where the court attendants were kept
busy bringing in armloads of law vol
umcs from the law library, from which
citations were constantly made. AT
II n'I1prlk Io it,, a
to receive the instructions OF the court
and determine the case. But law points
still INTERVIEWED and after some delay
Judge ingram consented 10 hear fur
thef arSulaent on some of the technical
issues. Many of the spectators who
had gathered to hear the argument in
chief remained to hear learn ed dis
cussion of common law points and
practice of American and English
courts with perpetually recurring
battle of wits between the leading
counsel on each side
throughout the day Judge ingram,
gave no indication of his attitude on
the various instructions offered by
opposing counsel. From time to time
ne MADE private notes and sometimes
asked the page and volume of some
opinion being quoted, as though he
might wish to refer to it again. At
Siose OF the argument he took all |
~ tHe instructions offered and retired
a. nus private Office The attorneys in
aicated that their argument ~, tbe
Instructions had closed.
Freedom Of the Pre..
among Tile points which NJ. NJ,
u'th sought To sustain were that when
d mar performs am. public act Ne is a
pio!'er subject Of public criticism. ,h.t
such criticism should be taken as an
expression of opinion, not az a sfate.
iHent of fact; that such eXnressinns
were privileged, ana that ono of ~, |
$ ieatest duties of free press wa tho
pioner criticism OF those offerfno for
puoiie ONCE. He did not argue thar |,
cue ouef statements in regard to
, ,'a, were necessarily true. but
held that Yoder had believed tbaa,
ne true. and had made the Comment
In good faith.
During this argument Mr. Scott q, |
imposing counsel, showed some sirns
u amusement, and several times nod
ued ms head as though approving all
mat MI Meredith had said Tn renI,, |
ne ne reau section II of the Bill of Rights |
from the Constitution of yirrinia
"hlch says: The freedom OF the nress
IS IS one OF the greatest bulwarks Of
,ipertS' and can never be restrained
~. ny uespotic governments: and any
ei.l% , may freely speak. write and
ms sentiments on all subjects.
being responsible for the abuse OF that
right" ~ li'a
II was on the last clause stated M,
scott, that the suit was based, the
abuse OIL a constitutional right.
INC argument before tho illrv Will
DC ilpie ana vigorous. Each OF the at
torHeys Is 10 he allowed two hours