Report of the Trial of an Action on the Case, Brought by Silvanus Miller, Esq; Late Surrogate of the City and County of New-York, Against Mordecai M. ... Libel. Tried at the City-Hall, in the City of

 
9780217213561: Report of the Trial of an Action on the Case, Brought by Silvanus Miller, Esq; Late Surrogate of the City and County of New-York, Against Mordecai M. ... Libel. Tried at the City-Hall, in the City of

This historic book may have numerous typos or missing text. Not indexed. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1823. Not illustrated. Excerpt: ... ed himself for sale. Mr. Miller's letter of the 29th does not sustain that charge--it dwindles down to a most "lame and impotent conclusion." Mr. Bell warned the plaintiff, when he showed him the manuscript of the 29th, that it might be productive of a suit. But he proceeded to publish it. Was not this laying a trap for his adversary?--and if so, the plaintiff is not entitled to damages. We show that Mr. Miller was the first libeller,--H)f course, on the authority of Finerty and Tipper, we are entitled to a verdict. Again, if the plaintiff has failed of proving his charge, then also we are entitled to a verdict; and that charge was, that he had offered to sell himself to the Clintonian party. He had been called on for proof, but the letter did not sustain it. Dr. Secor's testimony proves no such thing. Here' Mr. A. proceeded to analyze and weigh the testimony of Dr. Secor, and contended that even if he admitted it to be true, still it did not prove the plaintiffs charge. But his testimony is broken down by that of Messrs. Bloodgood, Hopson, and Phillips, fixing a direct perjury on Secor. There is no reconciling the testimony; no room for explanation. It reacts upon the plaintiff, and unless he can sustain Secor, his case is gone. If those witnesses are entitled to credit, Secor is not. This is the turning point of the whole case, and brings it down to a narrow compass. If a witness is guilty of one falsehood, it corrupts the whole of his evidence; for the jury will never call upon the opposite party to penetrate the mass of corruption, to find in it a sound spot on which credulity may rest. If therefore the testimony of Secor be laid out of the case, as it clearly must be, the question is at an end, and the defendant entitled to a verdict. Mr. Van Wyck, in...

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