Year: 1865

nOt direct qoestion Sor the jury. rs
both their psblioston and their meaning


hr Evarss- -osrtainly not We only adnited their


Ths oosrt--N can hardly bs ssad shss thsy have -
mitted an inuendo


Mr Enott I'm cUntinuaaion,- IL Ia the view Of the
Court that the question should be submitted you,
may become my duty TO submit to the Court In your
hearing wat The Fuies OF law bearing the case,
sraed according 70 he natural impors Of tns words
THIS the opinion Of al the authorities with scarcely
Smith says tha, M Corner here is great shief that
therefore the man making 80 rash an assertion
can escape from the consequences Of his words
by simply bringing John Smith in here and placing nim
on tho stand get him 70 repeat under oath what ne had
before reckcssly said ut street No one can
get away from the penalties Of the law in this manner
The mere fact Of reproducing bclous assertion on 'ne
authority OF an irresponsible person 10 no tusincaon "a


x. remark n s fact the must hSs Ss on and AS
mere statement 10 OF any avail Now mere
we have statenent-"T This man has made moro
money by contracts with tho than any
hfty sharpes, jew Gentle, In tho city Of New YORK
Does this not imply that he made more money IN rca
here compared to these sharpersf And who are rs
these people with whom he has boen comparedS
New York. II were to say to any Of you that
you had made moro money than forty rogues or thieves
amy hs Ss aoy
and In any place. would you not suppose that this Was


matter in which yoa brought Into direct comparison
matter, the words must NOT be taken alone. The
context must be taken thoroughly to understand
the import OF all that is contained in the allegations
After having said that ho has made money than
any Nifty sharpers he Immediately says win pass on %
another Gnancis dodge kov financial dodsss are the me
opening the counsel told you that Mr. Opdyke had heard


that there contract with Mr. Churchill and that he
that needed, and refused 70 sell any Of this cloth
70 the parties who had the contract Now rs this
say Mr. Opdyke refused 70 sell any Of these goods


70 himS Most certainly not Again, we find IN the news
paper have already alluded to an article n aIEe onasSo n
they shown concerning thisS Did they not strive to
show that Mr. Opdyke had knowingly bought poor cloths
50 as 70 make them appear ake superior clothsf
Ny friend has told thai Mr. Opdyke realized some
shares that he had in this large amount Of contracts


and grant you that they were argewas only four per
On Of al ns ONLY had an


interest Of third In nearly all these contracts that
have been so frequently alluded 70 and ON which tho
was undoubtedly, large business For my own part


do not profess TO know much about millions or even
hundreds Of Thousands Of dollars But, at the samo


time s unusual In this city that whcre merchants In
vest very large sums Of money that they make
single year But for all this, is mot their custom TO
around the streets and TO publish the fact wherever
they CO. It's fact that none Of the profits which were
made upon these contracts would have been mado
were II not for the large capital and the credit Of Mr..
Opdykes house, which concerned in the matter.
And who would say that there was anything unjust or
unfair in this anything contrary to the Of God
those Of manS Hr Opdyke was first Of all induced to
did 90 with hs ." ns man
: number Of circumstances had been ruined
usual engagements This gentleman indebted 10
Mr. 0pdyke, and he opportunity 10
IF you will stand by me now will be able to retrieve
my position will not only bo able 70 pay you what


am Indebted % y0u but win once more place %ysa
the commencement Of the war" Mr.. Carhart
Sayo you ,. tho full history Of ,. that affair What
He acted the part that every good man and merchant
should act He said 'Go on-f win stand by you;" and
all that he demanded was that no steps should be taken
70 gain the contracts anlawfuy 70 perform them
except in The set forth In the terms OF the gov
srnmen This " all that need be said abou. this matter
But again, Mr.. Opdyko Is charged with having
committed another offence He rs advised 10 extend


Which sc.S .SA IN 70
afterwards worked In A. Phiadelpha And this charge
tha, there were not only ssnke, army clothing
| But when named Bacon was called up here and
sransse.ion % Of blankets what did he sayi Did he
] prove that there wore any shoddy blankets offer
% the ,,s' Dy hs house q og
On the contrary he said that there had been no soddy
blankets at ALI and than this that there had
rejected and afterwards worked in in Philadelphia The
evidence In shows either secret the
% = 70 hc.d
thing that undertaken In these matters faithfully
h0norably and thoroughly carried out Nor were there
any enormous prOnte has also been alleged There
shoddy goods whatever own TO have been pre-.
pared there any defect in tho goods that
actually suppied there we're no blankets rejected
| The learned counsel submitted that the defence had
utterly failed 70 mako out single point of the
they had attempted 70 prove they had st moro utterly
failed In their attempt TO Justify of the leading
charges in the libel. He would submit that TO
charge = merchant In good standing ~ this
been laid the door OF Mr. Opdykesettng that by


fraudulent acts and corrupt dealings in hts transactions
money entitled any aggrcved into court
and 20 claim tho highest damages which u is in the
power of jury 70 give There Is evidence Of cheat
ing throughout all these nor said that
any ahoddy blankets had been even offered, much
less rejected and afterwards worked In IL
who s TO follow point out where II Is TO be found
We next come to the gun factory, and in reference 10
this part OF the question there are not loss than throc
libcls, all OF which false and wickcdy atrocous
First, they said that thero swndle in the case and
support this the counsel In opening sad that Gibbs,
tho paicnee had declared that there large swinde
In the matter Of guns But when Gibbs brought up
here he did not say that there was any swindc at ALL
but the contrary he declared that there had been
nothing OF the sort.


(some slight discussion here arose between Judge
Emot and Mr. Evarts to whether Gibbs had said any
thing OF the SORT on his examination; Mr. Emott
tanning that he did Mr. Eyar,s firmly maintaining that


Mr. Emott continuing Mr. opdyko In not arraign
cd hero gwinding is he TO bo convicted OF that
offence, neither upon anybodys views Of law
charge Of moral delinquency made against Mr.
Opdyke, and IL is for those who have made
the charge to provo IT, however, think that wo shall
be able 10 prove the Court and to the Jury that tho
whole amount OF the claim made upon the Supervisors
was due at the time IL was made swindie means 70
defraud grossly and by artace and that Is what they
charge and submit that that In libellous Ia law and
that there moth ing 70 leave TO the jury upon IL We
defy them now did al the opening point any
conduct Of Mr. Opdyke which may be- set down q
violation Of the laws OF God or OF man. They cannot
do this for his examination perfect that the
best effort Of counsel could shake It for moment


Will next aude the cowardy and base attempt which
has been made here 20 impute TO Mr. 0pdyke
with the destruction OF tho armoy In Second
avenue The author OF the libel did not himself
10 mako that charge he LEFT II TO his counsel who did
perhaps with boldness, will not say with Of


onery and he oxcupate himself from tho odium
Of that by thing no has sad eday In palliaon OF
H. or any apology which he has thought necessary 10
mako. We have moro than amply shown that the loss
Of the factory most serious one, coming ~ u did
at . time when In i9 highest state OF perfection,
having Q capacity 10 produce not less than hfty