Year: 1873

has staggered ":his community in very
rough manner. Such an event was never
before heard Of in New Orleans. On
former occasions it has only been reces-
sary to intimate through the public press
how certain set of political hacks de-
sired case to go. when a convenient jury
was instantly yoked up, and it was done.
The eminent legal ability of the counsel
was highly complimented. the learning
and impartiality Of the judge were ex-
tolled in the papers. and, finally, the
whole thing ended in a dinner, where the
"feast of reason and the flow of soul
prevailed in loud proportions. It takes
the breath out OF the old social and legal
tyrants to find their rule is over. and that
the law is superior to what they have


heretofore believed in as public opinion.
That the P:cGyne should become e1-


cited over this sudden rebuff is quite


natural, as i: happens to be the victim of
its own bad temper and folly. Besides,


what lawyers there are in the directory Of


that Journal placed too much confidence


in their persuasive powers before jury
to fear any disaster from too free indul-


gence in the license which journalists oc-


casionally mistake for the liberty Of the


press. Bu: the ponderous legal artillery


of the Herald has been placed in position


and opened fire upon the Fourth District


Court. its Judge, the jury. the counsel in


the case, auaany and everybody suspected


of having Radical turn of mind. N dis


cussing the case the Herald starts ou: with


mistaken notion of the case. and wab-
bles painfully through very heavy column


of what is evidently intended for legal


erudition. The editor. who appears


as the volunteer champion Of the


defendant, makes the same mistake in the


outset that the learned counsel did before


the court. He conceives that Judge


Hawkins was ON trial for perjury, whereas


the P;cayNns was on trial for libel. Judge


Lynch firmly refused to permit the coun-


sci to merge one case into the other, and


carefully excluded all testimony that was


not relevant to the libel suit. In arriving


at their theory Of the case it was neces-


saHy to assume that whoever chose to do


SO could sc: himself up as cour. of in


9uiry into the character Of another, pro-
nounce a judgment, which amounts 20 q


libe,. and when called to account for the


oftense, justify himself on the ground that


he believed he was right. No one knows


better than the editor of the Uerdld that


under our laws neither life. liberty. prop
erty, reputation, nor any Of the belong


ings of citizen can be taken from him


except in pursuance Of judgment
Of cour: having jurisdiction over


the subject matter. Does he claim


for the Pic1y.s. that it had legal right


to adjudge Hawkins guilty Of perjury, and


when called to account for its usurpation


Of judicial functions evade the punish
ment by subsequent arraignment Of the
gentleman who had been 50 grossly


ibeled? Does the Herald maintain that
under our laws, or those Of any civilized
country, it was proper for Judge Lynch
to review the Judgment pronounced by
the Picay.". in the matter, and if there
was reasonable grounds for the decree to
affirm it. or if it appeared to be given for
insuficien: cause, to reverse it: This
would be admitting the journal to the
rank of a court of record.


Judge Lynch had a perfect; clear view
Of the case from first to last. The com.
plant was for . Nbelous publication.
The defense WAS that the charge made
against Hawkins was true-that is, that
he was perjurer. The very offer Of proof
was in itself confession OF the part of
the defense that the plaintiffs allegations
were true. for if he had not already been
convicted Of perjury before they pub
ished the article complained of, their as
sumption fell. and their defense went
with it. There were but two defenses
for the PicGyuae. One was to deny the
fac: Of publication. and the other to
prove the truth Of the statement com.
planned OF. Neither Of these was possible. |
For the ibelous words were published |
and the plaintiff is not, and never has
been a perjurer. It was as impossible to |!