provided, by her last will and testament, that he, remember her indignant answer in this last letter
who had been the friend of her husband-who had to a suggestion of that kind. She says, with great
been her agent in all these things-Dr. Bright-propriety and great truth: "If Mrs. Webster
should be her executor-that a provision should be owned the copyright of her husband's life, and
made, as far as was necessary, for the bringing up were to write me that a book I was publishing for
and sustenance of these children, and that what-the good of Sunday schools, was interfering with
ever might be left of the capital of her estate after her interests, and actually doing her a positive in-
doing this, and cherishing the old people to the jury, I would as soon (I regret to write it, but you
end of their days, should go into God's treasury- asked me), I would as soon steal her purse, hoping
the capital then returned to be employed in the to benefit Sunday schools by the contents, as to go
sacred cause from which, perhaps, for a time it had on with the work."
been, in her view, in some slight measure diverted.
Gentlemen, in what did this lady fail? Why this
bookseller, with such pure and good motives,
scanned the living beauty of her life while she was
here in order to find if he could perceive a flaw-a
place where he could make a black mark, from
which black mark he might obtain for himself
a golden return. What has he found of fault,
of error, or of wrong? I believe nothing. What
has he found of omission? "Oh, yes," he
says,
"there was an omission of duty upon her
part." There was an omission between her and Mr.
Wayland, and Dr. Bright. What was it? Why
this book would cost $2. It was beyond the means
of some. It contained more matter than was abso-
lutely necessary, or, more properly speaking, it
would be possible to condense and reduce the ma-

"How came you to know that no provision was being made for Sunday schools and poor families? Did you ask any one likely to know-the family of Dr. Judson, his biographer, the executive officers of the Missionary Union? or were you afraid to ask, lest you should learn certain facts which would spoil your speculation? Those who looked after the Memoir for the Churches were not likely to forget the Sunday schools."

This is this lady's delicate, and somewhat indignant answer for interfering in her affairs. It is proved to you that she was engaged in, and nothing but her decaying health prevented the earlier production of, the work, which she was never able to Schools; and I think, coming from the pen of that complete, intended for the use of the Sabbath

was confessedly employed at the time of the publication in a just, lawful, laudable, and praiseworthy occupation, viz.: the publication of a literary work for the information of men of letters, and persons interested in literature, in relation to the existence of forthcoming literature of the country, with no evil intentions against any gentleman. Then we come to what is published; and what is it? It is this: "I have to state," says Mr. Wayland, "that I have no reason to believe that materials of any value exist, for a life of Dr. Judson, which I have not seen." Now, that I think may be inferred to be true, from the eminence of Dr. WAYLAND, and the testimony that he has given. "And moreover that that portion of the materials for a memoir which has not appeared in the public journals can have been accessible to no persons excepting myself." Here it is shown to you that he was the elected confidant of Mrs. JUDSON, the surviving head of the family, who knew all his incomings and outgoings, who knew all the transactions of his life, and who could be found, and had not been lost by accident was the depositor of all his private writings that with Dr. WAYLAND, and had communicated to him or other means. She had been in correspondence

every thing within her knowledge that could have been accessible to no person excepting herself. That is verified. "No one of the family of Dr.

terials or contents by omitting something not abso good and holy woman, it would have carried as Judson has ever been consulted on the subject of great weight as any thing Dr. Middleditch pro- this publication, and neither Mrs. Judson nor her duced, or ever will produce.

lutely necessary-by lessening the ornate style of the production. Perhaps the publisher would then be enabled to produce such a work as would meet the wants of some classes not provided for-say of the Sabbath schools, those schools being attended in a large degree, I presume, by persons of very limited means, and where the means provided for sustaining the schools came from institutions which are dependent upon the charity of the benevolent for their funds, would require to be sparingly administered. And, therefore, said Mr. Fletcher, in the solitude of his chamber (and I trust it was not upon the Lord's day), "There is an apparent want in this community which this book does not supply, and we had better supply it." A smaller book had better be produced. Therein, Dr. Wayland and Mrs. Judson have failed to do all that should be done for the life and reputation of the mission

ary,

This, Gentlemen, is a picture of this lady's life, as far as it is connected with the question now before you, briefly presented; and I cannot discover the slightest evidence of any public or private duty in respect to which she was guilty of an affirmative error, or guilty of any omission of any kind. Nothing has been said upon the other side that ought to have been done which this lady did not do; and with this preliminary statement, I proceed for a moment, to call your attention to the precise issue in question before you, and to claim at your hands this verdict-this judgment, I should say that we have acquitted ourselves exactly, completely, and entirely of the whole duty which we assume, and verified every thing which we asserted in opening this case to you.

friends have been informed of the name of the author." Is not that true? Well, they may say that we have not proved it, because it is impossible to prove that somebody did not speak to some person of the family of Dr. JUDSON upon this subject. But as far as any fact of this description is in the nature of things susceptible of proof by human means, we have proved it; and it is not attempted to be denied.

"Under these circumstances I think that such

an undertaking can be viewed in no other light, by honorable men, than as an attempt to deprive the widow of Dr. Judson, upon whom two helpless families are dependent, of the means of daily sustenance."

the libel.

Now, we come to what is called the libel: i. e. the comment that an honorable man would regard for the interests of his persuasion, the spread What is this charge? All that can be called a it as an attempt-meaning an unfair attempt, of the Gospel, and for enlightening our youth by libel is contained in an extract from a letter of Pro- and I will give them the whole scope of it-to the glorious example of his glorious life; and, fessor WAYLAND himself to this editor. Now, gen-deprive the widow of Dr. Judson, upon whom two therefore, Mr. Fletcher sat about in secret and in tlemen, you start with the proposition that Profes-helpless families are dependent, of the means of darkness for somebody who would supply a smaller sor WAYLAND is a pure man, against whom there daily sustenance. This is the git and essence of work for the use of the Sabbath schools. Why, I is no imputation-upright and honorable in the will ask you, Gentlemen, in the name of all that is last degree; and he has received nothing but comjust and honorable-I will not ask him, but I will mendation from the lips of those who have spoken ask you, why did he not write a kind and sympa- of him, and the counsel will not venture to impeach thetic letter to this dying lady, who was certainly him. He is the writer of the libel, so called, which the depository of all the most valuable information was published by Mr. Norton; and the learned that could be found in relation to her husband?-counsel for the plaintiff disavows at the outset any why did he not write to her, and say something of this kind: "I need for the Sabbath schools and the poor a cheaper work than this one at two dollars. Are you about to supply this want? I think you ought to. If you will not, will it be agreeable to you that I should? And, if so, how shall I do it without encroaching upon your income, or doing tow-side will say that there existed malice, and that hesisted in the course of this case that this was not ards you any thing which would be dishonorable or unmanly in the estimation of the common world, much less of those who are particularly high and elevated in their views, and pure and true Christians?" No, Gentlemen, nothing of the kind was done; and had it been done, what would have been the answer? We have proved by the testimony of the witnesses that that good lady was employed in the work herself of preparing and producing a minor work for the use of the Sunday schools. You

attempt to impute to NORTON "malice," as it is
called, any ill will or desire to injure Mr. FLETCHER.
It is not shown that he ever came into collision
with him in any way, and there is not a single cir-
cumstance that could indicate any approaching to
malice. In a technical sense, of course, the other

Now, what is the matter of fact there alleged? Why, it is, that the forthcoming work of Doctor WAYLAND'S was to furnish means of daily subsistence to this family; that this lady had two helpless families dependent upon her, and that those two families were to be deprived of daily subsistence by means of this publication of Fletcher's. Now, was not that true? my learned friend says "No." I think his client has somewhere said some thing of the kind, that the family was amply provided for, and therefore did not need this additional subsistence; and my learned friend has inis chargeable with it. If a man does a thing which their whole subsistence, for they had some other the law does not sanction, and another has been means of support. Now, certainly, that paper is injured, you can allege that he did it maliciously, not to be understood as saying that Mrs. Judson and the legal imputation of malice rests; but I am and the family had not a farthing; that they were speaking of what we all understand by spite or ill-in the poor house, and, of necessity, dependent will in society. No spite or ill-will is shown to have actuated Mr. NORTON in this publication. Here you perceive, gentlemen, that the writer of this libel is confessedly a pure, elevated, and honorable man; and the publisher of the so-called libel

upon daily charity, except so far as they might get something out of this work. The idea advanced was, that the profits of this work were necessary and required for the daily subsistence of these two helpless families, dependent upon Mrs. Judson.

I

That was the idea. Now, is that true or not? say, gentlemen, that that statement is true-abso-ing a word more in defense of the complete and will give my learned friend his $1,100 income, al- lutely true-and it was known to Mr. Fletcher to absolute justification of this publication in relation though it has been sworn upon the stand by the be true. This dying woman from her bed in elo- [to this man's enterprise; but he introduces a fresh Rev. Dr. Bright, who was her executor, and, of quent terms appealed to him, and begged him in issue here. He says, "Here is an imputation upon course, intimately acquainted with her affairs, that the name of manly honor, and in God's just right- my motives. I am charged with having had nothabout $1,000 is the very outside estimate of her in-eousness, not to interfere with the heritage of the ing but sinister motives, of a pecuniary nature, to come. Now, let us look around us in this commuadvance my interests." Now, it does not say that, nity, knowing as you, gentlemen,all do, the expenses by the by, or any thing of the sort. It only says of maintaining a family, and let us suppose that these that it is an interference with the widow, and ten persons, embracing an infirm woman, dying of that all honorable men would so regard it. But disease, who probably ought to be allowed the luxury he says that there was a high, and conscienof a physician, who ought to be paid for his sertious, and honorable motive stimulating him in

orphan. He acted with full and ample notice, and
with her impressive speech, that would wring the
heart of any man who had a heart. But he obstin-
ately persisted in his determination to interfere be-
tween this lady and her subsistence.

Now, gentlemen, he determined to do so. Dr.

vices, and her infirm and aged father and mother, Wayland said so, and Mr. Norton published the this matter, which is kept out of view, and that by

who were not unlikely to need assistance of that description; and let us imagine the children of Dr. Judson, whose education was not completed, and who could not be ministered to in all things, and educated besides, by a lady who was upon the brink of the grave, and soon expected to be confined to

saying to the world. It was all God's own gospel
truth, as much as any word that ever fell from the
lips of the missionary whose history has been
brought before you in this case. What, then, was

reason of his being a sort of a patriarch or missionary on behalf of some great religious or benevolent interest; and having been interested by pure and elevated motives, this thing amounts to a libel upon

him, because it does not say that his motives are pure, and leaves a supposition that they were othwitnesses to prove them. Now, gentlemen, I do not mean to speak against any of these witnesses.

the bed of death. It was necessary to afford them that it was an unworthy thing so to do. That is/erwise. He says he had pure motives, and called

there libelous about it? Not, surely, the com-
ment-the opinion upon the part of the publisher
not libelous, gentlemen. If the facts are truly
stated, a man may give any opinion he pleases upon
it. A man who attends one of the infidel convoca-
tions on Sunday may publish in his journal that my
friend Mr. Bangs goes to church three times every

They are all highly respectable men. They are,

education; it was necessary in central New York, during this bitter season of the year, to furnish them with warm clothing; and if the memory of their father was not to be dishonored in this rich and prosperous State, why, it was due to the decencies of religion, as well as society, that, even when Sunday, and that, therefore, he proves himself to Justice as far as possible (and I am sure that all

the inclemency of the weather did not require it, they should be nicely and genteelly dressed. Besides, they were cultivated people; they were literary

people, and there were females among them, and

be a very great fool, and utterly unworthy the re-
spect and confidence of men of the world. Would
that be a libel? Would that injure Mr. Bangs?
Why, no! Any one who believed it to be unwor-
comment; but all those who thought the reverse

calling, which should keep them out of courts of

most of them, if not all of them, engaged in a sacred

came with reluctance), and which should protect

them against the rude hand of the worldly. It is true that Mr. Bright (who did not appear to any disadvantage when compared with the best of them) was the subject of a rash and gross attack, with a

particularly this lady, who could not live as roughly and coarsely as you or I could. A piece of brown thy to go to church would of course agree with the view to impeach his motives, and inducing you to bread, and a piece of corned beef, provided one of would condemn the writer of the comment instead disbelieve his testimony. That was not right, or us had it each day, would put us above charity, and we should not need any thing else; but these de-of Mr. Bangs. Therefore, the courts of law have wise. It was not just. I am sure that Dr. Bright does not wish me to defend him. If, as he stood licate persons, such as this lady and these young this transaction before you, he is not able to be the before you, and spoke before you, and explained children, required a variety of necessaries which

said that these comments go for nothing, unless

they are carried to an enormous and excessive
length. I can agree that the language of abuse and

their small income was not sufficient to procure. invective may be carried on to an extent that would champion of his own honor amply sufficient to pro

Let us see what the income was. Why, it allowed them $100 a head. From the aged grandfather and grandmother down to the young children, just $100

a head! That was what they had. We have 365 days in the year. How many cents per day does this allow to each of these children? Why, something less than thirty cents a day, to pay the phys

ician, to pay the school teacher, to pay the tailor, to pay the shoemaker. Shall I say to pay the butcher? No, Gentlemen; there could have been no butcher under such circumstances. Shall I say to pay the baker? No. They would have to do their own cooking, and their estate was not quite large enough for them to cut wood to make a fire, and there would be hardly any thing saved there. I ask, were they not needy and destitute? I refer you, gentlemen, to the testimony of Mr. Eddy, their own witness, who says that out of this lady's little means, which were deposited in his hands during the year ending December 1st, 1853, she could not limit the sustenance of her family to this

outrage the feelings, and when we come to an ex-
treme case this doctrine would not be applicable;

but in a plain and ordinary case, where all that the observer says is, as here,-"That this can be regarded in no other light than as an attempt to deprive the widow and helpless family of subsistence," (there being no enlargement upon the facts) but that "this is merely a thing which I do not think any fair and honorable man would do." There is no licentious use of terms, such as my friend complains of, when I gave the common phrase among booksellers which they apply to this sort of transaction-piracy. The phrase is no invention of mine; but when one bookseller sneaks in between another and his job, they call him, in the trade, a Pirate; and when one man steals, in writing a book from the work of another, that is called "piracy." It is a pretty strong phrase, but then the booksellers all use it. Do not think that I applied to this man Fletcher any worse epithet than that which his own cloth use. You perceive, gentlemen, theresum of about $1,000, and she was obliged in twenty-fore, that the essential question here is, whether nine different payments, to reduce her capital, and what this paper stated was the truth. Now, it is bring herself down one year nearer beggary. She was an undeniable truth. It is impossible to indulge in obliged to reduce her capital over $1,200, and the sum she received was $2,193 08. This, gentle- any criticism upon it, except the one I have sugmen, was not for the purpose of indulging in extra-gested: that these people would have had only thirty cents a day, and they might, by possibility, vagance; it was the necessary demand, from time have lived upon bread and milk; but they would to time, for the benefit of the family of this weep-not have gone much further than the bread, and ing and dying lady, stretched upon the bed of dis- that would have been pretty brown. But that was ease by the hand of death. Mr. Bright tells you not their whole subsistence. Nobody is utterly that she could not live under $2,000 a year; and without a stiver, and it cannot be thought that this you know it. So that if this work had not been admirable lady was totally destitute and had nothprojected, and some $10,000 or $11,000 realized from it when accomplished, you must see that in ing. This was an interference with her subsistthe course of three or four years, if, in the Provi-ence; there is no dispute about it, and it is imposdence of God this lady had been spared, she would sible to deny it. Is not this an end of the case? Is have been the subject of absolute charity. Now, I

tect him against all insinuations of this kind, then I am very greatly mistaken. He needs no aid from me. He may defy the breath of slander and reproach.

Gentlemen, what is Mr. Fletcher's story about the purity of his own motives? I do not know but that he has thrown out some idea that a certain

somewhat serious, I presume, controversy, relative to the translation of the Bible, which has existed in the Baptist community, and which is entitled to every respect, may have something to do with this controversy here. I am sure that his counsel said so, but certainly none of his witnesses did. They repudiated that idea as far as they spoke; and when the editor or author, Mr. Middleditch, recapitulated the advantages to result from his work, and certainly we must suppose that he determined to make the most of them, he very distinctly repudiates any question of that kind being up, and I suppose that no question of the kind was up. It is certain that nothing of that kind is alluded to in the letter of vindication written to Mrs. Judson by Mr. Fletcher himself, on 8th Dec., 1853, only six days before this paper issued. Was there any difference? Why, the learned counsel has called some witnesses to prove that when the book of Dr. Wayland came out some criticisms were made upon it. Some people said that it was rather dear for them. That we can understand. That I have answered already. In relation to that, we meant to supply a cheaper edition, and he might have known that. Again, it was said that it was too long-that it might be abridged, irrespective of expense. That, of course, falls under the same category. Again, there was another question, and we have called Dr. Cutting about that; a question, not of religious belief, but not this a complete, absolute, and perfect justifica- one of expediency, and as to the expenditure of tion? Why, I cannot imagine the necessity of say-money-whether preaching from the pulpit, or

Mrs. Judson and Mr. Fletcher; and he promptly
and quickly repudiated the idea that he had re-
commended or advised any body to interfere with
Mrs. Judson in this way.

publishing bibles and tracts, or other productions but none of them say that they approved of this
through the press, was the most efficient means; work in advance of its promulgation, and none say
that is, which stood number one, and which num-that they called upon this gentleman and advised
ber two, in point of efficacy to the public and to re-him to get out such a work. And Dr. Cone, who
ligion-not that either was objected to; but which you will remember, gentlemen, seems to have a lit-
stood A number one. It is not pretended to be a tle more nervous excitement than the others, said
controversy about religion, but a kind of a subtle that he approved of the work itself, but that he did
thing that people might talk about. That is, a min-not wish to be drawn into this question between
ister of the Gospel might say to himself, having
leisure in the evening: "I have some hours to
myself, shall I pray, reflect, prepare my mind, and
go off to-morrow ten miles to such a little congre-
gation, or shall I prepare a tract?" (and, I suppose
there is no harm in writing a religious one on Sun-it
day); and, on the whole, according to the spirit
that was uppermost at the moment, he would pre-
fer the tract, or would prefer the sermon; and He
alone who governs the hearts of men could tell the
reason why the one was preferred to the other. He
says that the controversy existed, and that he con-
sidered it a matter of conscience to answer that
want, because he thought there was a little too
much preference given in the work of Dr. Way-
land to preaching from the pulpit; and he read one
single sentence which seemed to imply that, and
then he read half a page, written by Dr. Judson
himself, talking very highly of the benefits of the
press. I won't go further into that. You will per-
ceive, gentlemen, that it is hardly a controversy;
but you have one important piece of testimony from
Dr. Cutting upon this subject, and it is that, al-
though a sort of foundation was laid for some little
inquiry upon that subject several months before
this work was announced, yet nothing was ever
said about it until some publication in the news-
papers, subsequent to the announcement of Mr.
Fletcher of an intention to publish his work. There
was no controversy in this, and this is the way
prove it. All that is afterthought. I refer you to
Fletcher's reply, written on the 8th December, 1852,
in which he elaborately sets up his justification for
printing this new book; that it is merely to get a
smaller work, and a cheaper work, to answer the
purposes of the poor and the Sabbath schools.
There is not a word about conscientious duty of set-
ting Mr. Judson right in the so-called controversy,
whether pulpit or press should be first. I will not
delay you with reading it, for you will recollect it.
Therefore, it is a pure afterthought. That is to

I

proper.

typographical error in the work published by the secretary, he would copy that typographical error, instead of giving it correctly, for then it would seem as if he had stolen it from Dr. Wayland's, and he kept the error in his book, so that it might not appear he had been stealing. Next, when he got hold of any of those unauthorized productions in the common newspapers-a story that somebody told him as interesting and pretty-if he found that in Dr. Wayland's book he would not put it in his, except under special circumstances. If he could not find it there, and could not find out wheNow, a single remark more, and I have done. If ther it was true or not, he thought it so good that was fair, right, and honorable to publish this it ought to be true, and he put it in his book. And work in the way that Mr. Fletcher did, interfering thus he got up an entertaining little book, and by with this lady's pocket and with her sustenance, this careful and judicious avoidance of the work of the publication has done him no harm, because all Dr. Wayland, so that he might evade the law and just and honorable men will say that he did no the appearance of stealing. After he had got his more than he had a right to do, and the comment book complete, and had carefully evaded, as far as goes for nothing. If it was unfair and unjust, con- possible, taking any thing out of the book of Dr. trary to the usual amenities of social life, contrary Wayland, he found there were about half-a-dozen to the Christian relation between persons of the facts in the Doctor's book, that were such perfect same denomination, and engaged in the same pur-gems and jewels, that it would never do for him to suit, you will say so, and the comment was just and print his book without taking these five or six little gems. He looked in the Baptist Recorder and A little more upon the motives and actions of other journals, and talked with all the pious peoMr. Fletcher, and I have done. I say that his work ple he could get hold of, in order to find authority is proved by his witnesses to be a piece of piracy. for printing them in this book, but he could find The Rev. Mr. Middleditch, his editor, says that he nothing but what was in Dr. Wayland's book. lle never touched the work until he had got posses- had determined not to have the name of stealing sion of Dr. Wayland's book, and had read portions any thing from Dr. Wayland, and what was he to of it. You will recollect how difficult it was for do? His book would look quite ridiculous if it left him to remember what portions he had read. He out those interesting facts. There was only one had read it, and it is not hard to understand that thing that he could do, and he came to the concluhe must have done so with a great deal of atten- sion that it was but a small sin to steal from those tion, because he was going to write just such an- five hundred pages these six little jewels. These other book. When he was getting up his book, he little sins are things that damn us all. We all begathered up some accurate materials, published in gin with little sins before we get to large ones, and the regular journals and magazines of the Baptist have heard it said that it is the first glass that community, under the hand and seal of their in- makes the drunkard, and not the twentieth. It is stitutions. So far as they went they were accuthe first stooping to sin that leads us on, and let rate; but they are all partial statements, as one of me tell my friend that he had better not preach in the jury called the attention of the witness to show. favor of small sins-these little wee bits of sins are They were partial. I do not mean to say "wrong,' not much matter, because he would soon be exbut they are not copies of the whole document-pelled from the Baptist community. The theory of not giving it at large, but only so much as accord- Mr. Fletcher is, that when you commit a little sin, ing to the judgment of this officer it was proper and do it in a sneaking manner, no great harm to publish at this particular time. comes of it. "Now," said he, "when I took these facts, I took care not to use the precise language of seem as though it was stolen from his."

Much that would not be published at the time

I

say, a man has done a thing for one reason, and would acquire a deep interest afterwards. Well Dr. Wayland, because I did not wish my book to

when he finds that reason slipping and won't stand the test, he tries to frame another reason-a pure fabrication and total failure. Then, gentlemen, he

of information were short and imperfect, and he
gentlemen, he tells you that the authentic sources

I have only to say, gentlemen, that that is exactly the trick and artifice of the literary plunderer, who

stands before you on the supposition of his, that he tells you that he obtained information from letters steals from the works of another to adorn his own.

here and there, from unauthorized publications; but

with a very becoming sentiment he never crossed

Hamilton, and sought it at the bed-side of the dying

It does not require any enlargement to convey to your minds the idea that this book of Mr. Fletcher arose from no desire to satisfy any public necessity,

had no other motive but the view of answering the wants of the Sabbath school. Well, the answer to that is as plain as any thing can possibly be, and is the charmed threshold within which that worthy contained in the letter of this lady, written to him missionary lived. He never visited the town of that it arose from no desire to do good to any huin the month of December, that if he had inquired widow. Ile got no communications from her. He man being; but that it was actuated by a mean and he would have found that those who took care of had no resort to any documents or journals of the miserable spirit, that hesitated not at any little sin, the churches would also take care of the Sabbath missionary himself. He had none of those sources of information which were all open to Dr. Way

schools, and his work did not come out for several

months afterwards. Well, gentlemen, he has no shadow of excuse, save and except only just this

one.

You will remember that his counsel offered to prove, and stated that he would, that he had been solicited on these several heads to publish a smaller work. Has he proved that by a single witness? Take Dr. Middleditch-I hope the gentleman will excuse me, the Rev. Mr. Middleditch,-who swears that he did not suggest it to Mr. Fletcher, but that Fletcher first suggested it to him. It originated with Mr. Fletcher. He has called several respectable divines here, who have testified that, in their view, a smaller work was desirable;

provided it could escape detection and punishment, for the purpose of the little shabby gains that re

land. He had no recourse to the original docu-sult. Without commenting upon this undertaking,
ments in the hands of the societies and institu- I want to show that there is no pretence of motive,
tions; and when he got those materials together, and then I have done. From the announcement of
he resolved, out of all that bundle of matter, to Mr. Fletcher, we see that there is not one single
make up as interesting a book as he could for this word about satisfaction of doubts, and so on. I will
bookseller to print. He did not want Dr. Way-read it, for it is given in evidence by himself.
land's book, because it was necessary to avoid it; "Burmah's Great Missionary, or Records of the Life, Char-
so that in taking matter from what he found pub-acter, and Achievements of Adoniram Judson. Elegantly
lished by the Secretary of the Board of Foreign illustrated with fine steel engravings, and a map showing at
Missions, or any of those societies, containing
a glance the field of Judson's labors, with his voyages and
incidents that happened at Burmah, or else-travels, in one handsome duodecimo volume, price one
where, he had to look and see whether Dr. "In the preparation of this work, information has been
Wayland had the same, and contrive to be a taken from every available source. Instead of long labor-
little different from Dr. Wayland. If there was a saving quotations usual in extended biographies, the jour-

dollar.

necessary sameness.

Now what is there to indicate that this was intended to satisfy the views of a sect, if such there were in the church, drawing some distinction between the press and the pulpit? Nothing of the sort, and it is so said by Dr. Wayland; and if you do not subscribe to that doctrine in this case, then I am greatly mistaken.

The history of this case seems

nals and correspondence of Judson have been examined for every thing that comes from his pen is simple questions. with minute care, and every thing of permanent interest valuable. But purchasers wanted Dr. Judson's to be simply this. Mr. Judson was a distinguished incorporated in the narrative. The volume presents aclife. They wanted a narrative: a correct and per-man employed by the American Baptist Society, in counts of the Burman missions, from time to time, in a readily accessible form, without rendering it burdensome fect abstract of his opinions. Dr. Judson was an India, where he died some four or five years since. with statistical tables. The progress of translation is accueminent Oriental scholar. His aim was the dis- Ile was accompanied to India by his wife. Upon rately noted, in a manner which, while affording a narrative semination of sound religious literature. Some his death she returned to this country, charged of the every day labors of the great translator, avoids un- differed from him-Dr. Wayland among others-in with the support of his children. Shortly after her A faithful exhibition of his views on their views of the proper means to be employed in return to this country she took measures to have a the controversy concerning faithful versions, which in great the propagation of the Gospel. Some thought that memoir of her husband prepared, and for that purmeasure sprung from his labors in translations, is given, as oral teaching was the more Apostolic, and there- poso put the necessary materials into the hands of also his views on other grave questions relating to missions, fore the more true method; some that the diffusion Dr. Wayland, who wrote a life of Dr. Judson, &c. In fine, every thing which tends to delineate the abundant labors of Judson in the cause of evangelization, of religious books and tracts was more important. which was published. Shortly after the publicawill be found in such form, that it is hoped that the work Dr. Wayland stood at the head of the former class,tion of this memoir, it was announced by Mr. will greatly aid to give his name the 'everlasting remem- and Dr. Judson at the head of the latter. Fault Fletcher that he was about to publish another life brance' promised to the righteous," was found with Dr. Wayland's book, because it of Dr. Judson. Mr. Norton, between whom and gave a false view of Dr. Judson's sentiments in this these parties there does not seem to have been particular, and because it criticised some of his any connexion, is the editor of a literary journal, actions. For this reason this book, embodying and it is his business to notice literary productions. such a criticism, would not please those who agreed Observing the announcement of Mr. Fletcher's with the opinions of the great missionary. It was the work, he wrote to Dr. Wayland for information production of an unfaithful biographer, who would upon the subject, and Dr. Wayland's reply elicited make his book the medium for the dissemination of the article the publication of which constitutes the If, however, I am mistaken, and I have often his own opinions at the expense of those of Dr. Jud- foundation of this suit. In this article Mr. Norbeen, and may be here, and if I have altogether son. Dr. Wayland was bound, as a true biographer, ton writes as follows: misunderstood the rules and principles of honor to look with Dr. Judson's eyes upon every subject. and good feeling, by which men are governed in But haз he not dimmed the luster of Dr. Judson's this life, and we have indeed arrived at that period name by obtruding his own views in a work prowhen the church and the law should unite in com- fessing to be the history of Dr. Judson's life, and mending small secret sins, and praising the small the exponent of Dr. Judson's opinions? Nothing and petty meanness that leads men to commit them is so free and open as the history of great men. for trifling considerations,-why, in the name of Their life is a legacy to the living. Is there any inform us whether this forthcoming volume was authorized heaven, gentlemen, libel the church, libel the law, thing wrong, any thing unjust, any thing dishonor-by Dr. Judson's family, and whether any papers were likelibel your country, and applaud Mr. Fletcher, ac-able in writing a biography of one so eminently ly to exist other than those already made use of. From cording to the extent of his superabundant merits, distinguished-more fair, more truthful than any President Wayland's answer we take the liberty of extractby a verdict suitably pronounced, giving him six before written? Mr. Fletcher comes before you sup-ing as follows." cents as a reward, and as an expression of your ported by such men as Dr. Cone, an aged minister; Then follows an extract from the letter of Dr. Dr. Dowling, who is known to all, and these Wayland. The article then proceeds: high approbation of his conduct. other gentlemen, who say to you that they consider the undertaking of Mr. Fletcher necessary and proper. Mr. Fletcher was surrounded by men who felt as he did. What he thought, felt, or Now, in all this, gentlemen,-in all the original knew in reference to Mrs. Judson, is plain. He Mr. WILLARD, for the plaintiff, replied sub-thought she was amply provided for. Is it not asmatter that comes from Mr. Norton,-there is no He wants to stantially as follows: suming too much to say that Mr. Fletcher was in-libel,-not the shadow of a libel. May it please the Court and gentlemen of the sincere in writing to Mrs. Judson to that effect? It know whether there was likely to be any thing new is said that Mr. Fletcher knew the condition of in Mr. Fletcher's publication, any thing which was Jury. I have watched my opponent's summning Mrs. Judson. But we see that he expressed the not probably published before, whether he had

But I do not, gentlemen, conceive that the verdict would do you credit. I trust you will not cast so great a reproach upon yourselves, and upon all

of us, as to render even that little verdict.

up with great care, and think that you, gentlemen of the jury, will notice something very peculiar in

opinion that she was amply provided for. He be

"WAYLAND'S LIFE OF JUDSON.

"In the last number of this paper we called attention to

the above work, commending it to all such as would be interested in the faithfully drawn portrait of a most noble man and devoted missionary. Having since learned that another memoir of Dr. Judson was announced for speedy publication, we wrote to the Rev. Dr. Wayland, requesting him to

"We give prominence to the above, because we do not

think any one would willingly act in an unjust manner towards the widow and fatherless,"

received any documents from Dr. Judson's family

for publication. It was an inquiry which the edi-
of a literary journal might very reasonably
make. Dr. Wayland's letter was as follows:
"In reply to your inquiries I have to state that I have no
of Dr. Judson, which I have not seen; and, moreover, that

lieved when he announced the book, that no cause the conduct of this case. My learned friend is not for charity or benevolence was required. Neverthe-tor in the habit of trying unnecessary issues. Why, then, does he come here to try to blacken the char-less, he offered to her to give up his part of the proposed work, provided that a full and ample and comwhich has already done so? If it is unnecessary this offer? Ile had a moral and legal right to publish acter of Mr. Fletcher, except to support a libel plete work might be written by her. Did she notice reason to believe that materials of any value exist for a life to attack him, is there not an imputation of malice

that portion of the materials for a memoir, which has not

in the attempt? And this is a kind of malice/the work; yet, for charity's sake, he hesitated to appeared in the public journals, can have been accessible to
proceed. She spurns his kindness, and refuses no person except myself. No one of the family of Dr. Jud-
with scorn, charity at his hands. She claims as a son has ever been consulted on the subject of this publica-
right that which she refuses to receive as a favor. tion, and neither Mrs. Judson nor her friends have been in-
He tendered it like a man, a Christian, and a gentle-formed of the name of the author.”
man. She replies, "I will tolerate no dictation in
my business." She treats it with contempt.

which the Court will instruct you, as a matter of
law, that you are bound to consider. Where a libel
has been published, an unsuccessful attempt at
justification is evidence of malice. If Mr. Fletcher
is not a deeply injured man, I will never trust my
judgment again. As to the memory of Dr. Judson,
he is the common property of all humanity; and
Mr. Willard proceeded to comment at some
it is a misfortune that so revered a name should length upon the evidence, attacking in severe
ever be brought into the arena of legal strife. We, terms the motives of the defendant in pro-
for our part, do not arrogate to ourselves any ex-ducing the correspondence between Mrs. Jud-
clusive right to the partisanship of his name.
son and Mr. Fletcher. And he insisted that
I shall now briefly state the facts which have the defendant had failed to proye the truth of
been presented in this case. You have all heard of
the life and character of Dr. Judson. Against him
we have nothing to say; we all honor and revere
his name.
Great preparations were made for the
publication of Wayland's life of Dr. Judson.
Strenuous efforts were used to effect an extensive
sale of this book. It was received and read, and
complaints were made that it was a mere compila-
tion of letters and journals, valuable in themselves,

the libel, and that the attempt to do so was
only an aggravation of the offence. At the
conclusion of his remarks,

CHIEF JUSTICE OAKLEY charged the jury as
follows:

Gentlemen of the Jury-This case has consumed considerable time, but I think that the whole cause may be disposed of by the determination of a few

So far there is nothing libellous. Then follows this last part:

"Under these circumstances, I think that such an undertaking can be viewed in no other light by honorable men,

than as an attempt to deprive the widow of Dr. Judson, upon whom two helpless families are dependent, of the means of daily sustenance."

That, gentlemen, constitutes the libel complained of in this case. The letter however was not written for publication; it was for the information of Mr. Norton. But Mr. Norton chose to publish it, and thereby rendered himself responsible for it. The last paragraph is the one in particular complained of as libelous. It attributes to Mr. Fletcher unfair, dishonorable and mercenary motives. It seems to imply that Mr. Fletcher was inclined to deprive Mrs. Judson of her income. I do not attach any importance to the phrase used, "daily

sustenance;" it only means that it was an attempt to injure Mrs. Judson by curtailing the sale of her book. Now, gentlemen, so far as that publication imputes improper motives to Mr. Fletcher, and is calculated to degrade him in the eyes of the community, so far it is in law considered libelous.

be careful not to allow it to exert any influence on distinguished merits, received a more fitting reward, in the
your minds.
appointment of principal librarian and regent of studies in
the university.

The jury thereupon retired, and after a few moments' deliberation, returned a verdict FOR

THE DEFENDANT.

There is nothing in Dr. Wayland's book which would prevent another book on the same subject being published. Any number of men may write a book,-any number of books,-on the same subject, so long as they do not violate copyright. Mr. Fletcher had a legal right to publish his book. This is conceded on all sides. It is not supposed that he violated any legal rights. But the imputation is that he acted unfairly and unjustly in at-guist. tempting to defraud Mrs. Judson by lessening the

sale of her book.

Now, gentlemen, in the first place you have to inquire how far the facts and circumstances set forth in Dr. Wayland's letter are true. It was not intended to be represented that Mrs. Judson was

CARDINAL MEZZOFANTI.

The Edinburgh Review, for January, has an article, mainly compiled from papers read before the Philological Society by Thomas Watts, Esq., which supplies much interesting information concerning the attainments of this eminent linAs compared with Scaliger, "the admirable Crichton," Klaproth, Pallas, Sir W. Jones, and other distinguished scholars of all ages, Mezzofanti is shown to have immeasurably transcended them all in the variety, extent, exactness, readiness, and completeness of his entirely destitute. She had some property, but it knowledge of languages. We subjoin, from this seems to have been inadequate for the purpose of article, a brief notice of the Cardinal's life. supporting and educating her family. It does not GUISEPPE GASPARDO MEZZOFANTI was the son of an appear that Mr. Fletcher had access to any docu-humble carpenter, and was born at Bologna, September 17, ments except those which had appeared in the public journals; and it seems very clear that there was no request on the part of Mrs. Judson or her family for Mr. Fletcher's publication. The facts and circumstances stated in the letter appear therefore to be substantially true.

To the duties of these offices he devoted himself assiduously, and he refused every solicitation by which it was sought to withdraw him from his native city. Murat endeavored to lure him to Naples; the Grand Duke of Tuscany invited him to Florence; the Emperor Francis held out tempting offers in Vienna; Pius VII. employed every instance to obtain his services at Rome. But he was proof

against them all, and continued, with the exception of a few and Rome, to reside in Bologna, until the accession of Gregory XVI., in 1531.

brief excursions to Modena, to Mantua, to Leghorn, Pisa,

It was during these years that he acquired the largest proportion of his knowledge of languages.

His own account of the process by which these various esting. Mezzofanti, though most liberal and tolerant to all stores were successively gathered, is very simple and interothers, was zealously devoted to the duties of his own profession. "I was living in Bologna," he said, "during the to visit the military hospitals. I met there among the patients, Hungarians, Slaves, Germans, Bohemians, &c., whom, although dangerously ill or wounded, I was unable

war. At that time. I was young in the ministry, and used

to confess or to reconcile with the Church. My heart was grieved at the sight. I gave myself up to the study of thesc languages, and easily acquired enough to make myself intelligible. I needed no more. I began to make my rounds 1774. He was sent to one of the charity schools of his na-among the sick beds. Some I managed to confess; I talked tive city, and was destined by his father to follow his own trade, at which it is said that he actually worked in his early boyhood. According to one account, which, although not contained in any of the published memoirs, is derived from a distinguished Anglican dignitary, once a pupil of Mezzofanti, it was while he was thus employed that he attracted the notice of the good old Oratorian, Father Respighi, to

In the second place we are to consider whether Dr. Wayland's comment, appended to this state-whom he was indebted for his release from the uncongenial ment of the facts, is justly made. If it is, I do not lot for which his father had designed him. The place where see that it is objectionable in law. But in deter- his work-bench was fixed was, as is usual in Italy, in the mining the motives of Fletcher you must look not open air, and under the window of this old clergyman, who only at this statement, but also at the circum-privately instructed a number of pupils in Greek and Latin. Young Mezzofanti, overhearing the lessons, caught up the stances under which his book was published. instruction with that marvelous facility which distinguished his after life: and one day surprised his unconscious teacher with the discovery that, without even having seen a Greek book, and without knowing a single letter of the alphabet, he had acquired an extensive and very accurate knowledge of the great body of the words contained in the books which he had heard explained in these stolen lectures! Res

It appears that considerable fault had been found with Dr. Wayland's life of Dr. Judson. One reason was that it was too voluminous, especially for children. But the principal objection seems to have been, that it advocated a wrong theory in a difference which has grown up in the Baptist Church. Complaint was made that it did not give a fair exposition to Dr. Judson's views, and that it gave undue prominence to Dr. Wayland's views. And it seems that a number of eminently respectable people were of the opinion that another life of Dr. Judson should be written. I see nothing in the way in which Mr. Middleditch compiled his book which can be the subject of objection. Of course he should not copy verbatim from Dr. Wayland's book; because in so doing he might perhaps subject himself to damages for infringement of copyright. You, gentlemen, must judge of all the facts of the case, and you must determine whether the motive of Mr. Fletcher was to supply a deficien-which he mainly worked in the acquirement of his lincy, as he now states that it was.

If, upon the whole evidence, you come to the conclusion that the imputation cast upon him by the article was just, you cannot find for the plaintiff; but if you think that it was not just, the plaintiff would be entitled to recover damages.

pighi, who was a most kind-hearted and enlightened man,
at once resolved to save for literature a youth of such
promise; himself undertook the task of instructing him in
Greek and Latin; and on his declaring his preference for
the ecclesiastical profession, placed him at the episcopal
seminary of Bologna. The meagre notices of his early
career which have been preserved, contain hardly any thing
of interest for our present purpose. He learned in college
German were derived from a Bolognese ecclesiastic, the
His first lessons in
abbate Thiuli. He picked up French from an old priest of
Blois; Swedish, from a Swedish physician who had settled
at Bologna; and Coptic from a learned clergyman, the Ca-
nonico Mingarelli. And it is plain from what is told of him
that then, as later, the faculty of memory was that through

Latin, Greek, Hebrew, and Arabic.

guistic stores. One of his recorded schoolboy feats was to
repeat, after a single reading, a folio page of St. John Chry-
sostome, which he had never before seen; and other exer-
cises of memory equally ready and equally remarkable are
mentioned among the recollections of his youth.

with others; so that in a short time I had considerably enlarged my vocabulary. With the blessing of God, assisted by my own memory and industry, I came to know not only the language of the countries to which these invalids belonged, but even the dialects of the different provinces."

"The hotel-keepers, too," he added, "were in the habit of apprising me of the arrival of all strangers at Bologna. I made no difficulty, when any thing was to be learned, about calling on them, interrogating them, making notes of their communications, and taking instructions from them in the pronunciation of their respective languages. A few learned Jesuits, and several Spaniards, Portuguese, and Mexicans, who resided at Bologna, afforded me valuable aid in learning both the ancient languages and those of their own countries. I made it a rule to learn every new grammar, and to apply myself to every strange dictionary that came within my reach. I was constantly filling my head with new words; and, whenever any new strangers, whether of high or low degree, passed through Bologna, I endeavored to turn them to account, using the one for the purpose of perfecting my

pronunciation, and the other for that of learning the familiar

words and turns of expression. I must confess, too, that it cost me but little trouble; for, in addition to an excellent memory, God had blessed me with an incredible flexibility of the organs of speech."

By degrees, as his fame extended, travelers from the most distant countries, and speaking the most out-of-the-way tongues, began to visit Bologna, with the express purpose of Christian populations subject to the Porte, during and before seeing Mezzofanti. The troubles in Greece and among the the outbreak of the War of Independence, brought many refugee ecclesiastics to Italy. The various revolutions of Spain led to more than one Catalonian and Valencian priest taking up his residence in Bologna. All these and many more were placed under contribution. And it is about this period of Mezzofanti's career, that the interesting series of notices compiled by Mr. Watts may be said to commence.

He was admitted to priest's orders in 1797, and in the end of that year was appointed professor of Arabic in the University. In the following year, however, he was deposed, On the subject of damages, nothing which the on his refusing to take the oaths required by the new CisalCourt can say will help you. You may take into pine Republic; and, until the year 1804, when he was again consideration the circumstances under which this restored, he eked out a scanty income by private tuition, letter was got up. It was written by Dr. Way- especially in the Marescalchi family, where he had the adland, and the plaintiff published it without making vantage of an extensive and curious library, particularly any objectionable comments upon it. But in pub-rich in the department of languages. His fidelity to the lishing the letter, Mr. Norton made himself respon-leon, led to his being, a second time, deprived of his profes-in which I knew a single oath or adjuration to the gods, papal cause, in the contests between Pius VII. and Napo

sible for its truth.

A great deal of unnecessary testimony has been brought into this case. If any of you are connected with this Baptist controversy in any way, you will

sorship, in 1808, though he was invited by the Emperor to
Paris, with most brilliant prospects; but in 1812 he obtained
the place of assistant librarian; and on the return of Pius
VII. from his exile, in 1814, his fidelity, as well as his other

The testimony of Mr. Stewart Rose, in his published work, reaches as far back as 1817, when he was thirty-six years old, and read Lord twenty and wrote eighteen languages. Byron's visit also occurred about this time. "I don't remember a man amongst them," he says, of foreign literary men generally, "whom I ever wished to see twice, except perhaps Mezzophanti, who is a monster of languages, the Briareus of parts of speech, a walking polyglot, and more, who ought to have existed at the time of the tower of Babel, as universal interpreter. He is, indeed, a marvel, unassuming also. I tried him in all the tongues against post-boys, savages, Tartars, boatmen, sailors, pilots, gondoliers, muleteers, camel-drivers, vetturini, post-masters, post-houses, post every thing; and egad! he astounded me -even to my English!"