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provided, by her last will and testament, that he, remember her indignant answer in this last letter was confessedly employed at the time of the publiwho had been the friend of her husband-who had to a suggestion of that kind. She says, with great cation in a just, lawful, laudable, and praiseworthy been her agent in all these things-Dr. Bright-propriety and great truth: “If Mrs. Webster occupation, viz.: the publication of a literary work should be her executor-that a provision should be owned the copyright of hor husband's life, and for the information of men of letters, and persons made, as far as was necessary, for the bringing up were to writo me that a book I was publishing for interested in literature, in relation to the existence and sustenance of these children, and that what the good of Sunday schools, was interfering with of forthcoming literature of the country, with no ever might be left of the capital of her estate after her interests, and actually doing her a positive in-evil intentions against any gentleman. Then we doing this, and cherishing the old people to the jury, I would as soon (I regret to write it, but you come to wbat is published; and what is it? It is end of their days, should go into God's treasury- asked me), I would as soon steal her purse, hoping this : “I have to state," says Mr. Wayland, “that the capital then returned to be employed in the to benefit Sunday schools by the contents, as to go I have no reason to believe that materials of any Facred cause from whicb, perhaps, for a time it had on with the work."
value exist, for a life of Dr. Judson, which I have been, in her view, in some slight measure diverted. " How came you to know that no provision was not seen." Now, that I think may be inferred to be Gentlemen, in what did this lady fail? Why this being made for Sunday schools and poor families? true, from the eminence of Dr. WAYLAND, and the bookseller, with such pure and good motives, Did you ask any one likely to know-the family of testimony that he has given. “And moreover that scanned the living beauty of her life while she was Dr. Judson, his biographer, the executive officers of that portion of the materials for a memoir which here in order to find if he could perceive a flaw--athe Missionary Union? or were you afraid to ask, has not appeared in the public journals can have place where he could make a black mark, from lest you should learn certain facts which would been accessible to no persons excepting myself.” which black mark he might obtain for himself spoil your speculation? Those who looked after Here it is shown to you that he was the elected a golden return. What has he found of fault, the Memoir for the Churches wore not likely to for- confidant of Mrs. Judson, the surviving head of the of error, or of wrong? I believe nothing. What get the Sunday schools."
family, who knew all his incomings and outgoings, has he found of omission ? “Oh, yes,” he
who know all the transactions of his life, and who
This is this lady's delicate, and somewhat indigsays, “ there was an omission of duty upon her part." There was an omission between her and Mr. proved to you that she was engaged in, and nothing nant answer for interfering in her affairs. It is could be found, and had not been lost by accident
was the depositor of all his private writings that Wayland, and Dr. Bright. What was it? Why but her decaying health prevented the earlier pro- with Dr. Wayland, and had communicated to him
or other means. She had been in correspondence this book would cost $2. It was beyond the means duction of, the work, which she was never able to
It contained more matter than was absoJutely necessary, or, more properly speaking, it Schools ; and I think, coming from the peu of that complete, intended for the use of the Sabbath / every thing within her knowledge that could have
been accessible to no person excepting herself. would be possiblo to condense and reduce the ma- good and holy woman, it would have carried as Judson has ever been consulted on the subject of
That is verified. “ No one of the family of Dr. terials or contents by omitting something not abso great weight as any thing Dr. Middleditch pro- this publication, and neither Mrs. Judson nor her lutely necessary--by lessening the ornate style of
duced, or ever will produco. the production. Perhaps the publisher would then
friends have been informed of the name of the aube enabled to produce such a work as would meet
This, Gentlemen, is a picture of this lady's life, thor.” Is not that true? Well, they may say that the wants of some classes not provided for-say of as far as it is connected with the question now before we have not proved it, because it is impossible to the Sabbath schools, those schools being attended you, briefly presented ; and I cannot discover the prove that somebody did not speak to some person in a large degree, I presume, by persons of very slightest evidence of any public or private duty in of the family of Dr. Judson upon this subject. limited means, and where the means provided for respect to which she was guilty of an affirmative But as far as any fact of this description is in the sustaining the schools came from institutions which error, or guilty of any omission of any kind. No- nature of things susceptible of proof by human are dopendent upon the charity of the benevolent thing has been said upon the other side that ought ineans, we have proved it; and it is not attempted for their funds, would require to be sparingly ad- to have been done which this lady did not do; and to be denied. ministered. And, therefore, said Mr. Fletcher, in with this preliminary statement, I proceed for a “ Under these circumstances I think that such the solitude of his chamber (and I trust it was not moment, to call your attention to the precise issue an undertaking can be viewed in no other light, by upon the Lord's day), “ There is an apparent want in question before you, and to claim at your hands honorable men, than as an attempt to deprive the in this community which this book does not sup- this verdict--this judgment, 1 should say that wo widow of Dr. Judson, upon whom two helpless faply, and we had better supply it.” A smaller book have acquitted ourselves exactly, completely, and milies are dependent, of the means of daily sustenhad better be produced. Therein, Dr. Wayland entirely of the whole duty which we assume, and ance." and Mrs. Judson have failed to do all that should verified every thing which we asserted in opening
Now, we come to what is called the libel: i. e. be done for the life and reputation of the mission this case to you.
the comment that an honorable mau would regard ary, 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 lettor 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 the libel. will ask you, Gentlemen, in the name of all that is last degreo; and he has received nothing but com- Now, what is tho matter of fact there alleged ? just and honorable—I will not ask him, but I will mendation from the lips of those who havo spokon Why, it is, that the forthcoming work of Doctor ask you, why did he not write a kind and sympa- of him, and the counsel will not venture to impeach WAYLAND's was to furnish means of daily subsistthetic letter to this dying lady, who was certainly him. He is the writer of the libel, so called, which once to this family ; that this lady had two helpthe depository of all the most valuable information was published by Mr. Norton; and the learned less families dependent upon her, and that those that could be found in relation to her husband ?- counsel for the plaintiff disavows at the outset any two families were to be deprived of daily subsistwhy did he not write to her, and say something of attempt to impute to Norton “ malice," as it is enco by means of this publication of Fletcher's. this kind : “I need for the Sabbath schools and the called, any ill will or desire to injuro Mr. FLETCHER. Now, was not that true? my learned friend says poor a cheaper work than this one at two dollars. It is not shown that he ever came into collision "No." I think his client has somewhere said Are you abont to supply this want? I think you with him in any way, and there is not a singlo cir- some thing of the kind, that the family was amply ought to. If you will not, will it be agrecable to cumstance that could indicato any approaching to provided for, and therefore did not need this ad- .. you that I should ? And, if so, how shall I do it with- malice. In a technical senso, of course, the other ditional subsistence ; and my learned friend has inout encroaching upon your income, or doing tow-side will say that there existod malico, and that ho sisted in the course of this case that this was not ards you any thing which would be dishonorable or is chargeable with it. If a man doos a thing which their wholo subsistenco, for they had some other unmanly in the estimation of the common world, the law does not sanction, and another has boen means of support. Now, certainly, that paper is much less of those who aro particularly high and injured, you can allege that he did it maliciously, not to be understood as saying that Mrs. Judson elevated in their views, and pure and truo Chris- and the legal imputation of malice rests ; but I am and the family had not a farthing ; that they were tians ?" No, Gentlemen, nothing of the kind was speaking of what we all understand by spite or ill- in the poor house, and, necessity, dependent done ; and had it been dono, what would have been will in society. No spite or ill-will is shown to upon daily charity, except so far as they might get the answer? We have proved by the testimony of have actuated Mr. Norton in this publication. something out of this work. The idoa advanced the witnesses that that good lady was employed in Hero you porceive, gentlemen, that the writer of was, that the profits of this work were necessary the work herself of preparing and producing a this libel is confessedly a pure, elovatod, and honor- and required for the daily subsistence of these two minor work for tho use of the Sunday schools. You able man; and tho publisher of tho so-called libel helpless families, dependent upon Mrs. Judson.
That was the idea. Now, is that true or not? I say, gentlemen, that that statement is true-abso- ing a word moro 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- cousness, 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 commu- orphan. He acted with full and ample notice, and advance my interests." Now, it does not say that, nity, knowing as you, gentlemen,all do, the expenses with her inpressive speech, that would wring the by the by, or any thing of the sort. It only says of maintaining a family,and let us suppose that these heart of any man who had a heart. But he obstin- that it is an interference with the widow, and ten persons, embracing an infirm woman, dying of ately persisted in his determination to interfere be that all honorable men would so regard it. But disease, who probably ought to be allowed the luxury tween this lady and her subsistence.
he says that there was a high, and conscienof a physician, who ought to be paid for his ser
Now, gentlemen, he determined to do so. Dr.
tious, and honorable motive stimulating him in who were not unlikely to need assistance of that saying to the world. It was all God's own gospel 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
reason of his being a sort of a patriarch or missiondescription; and let us imagine the children of Dr. truth, as much as any word that ever fell from the ary on behalf of some great religious or benevolent Judson, whose education was not completed, and who could not be ministered to in all things, and hips of the missionary whose history has been interest ; and having been interested by pure and educated besidos, by a lady who was upon the brink there libelous about it? Not, surely, the combrought before you in this case. What, then, was
elevated motives, this thing amounts to a libel upon
him, because it does not say that his motives aro of the grave, and soon expected to be confined to ment-the opinion upon the part of the publisher pure, and leaves a supposition that they were otheducation; it was necessary in central New York, not libelous, gentlemen. If the facts are truly 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
witnesses to prove them. Now, gentlemen, I do during this bitter season of the year, to furnish stated, a man may give any opinion he pleases upon They are all highly respectable men. They are, them with warm clothing; and if the memory of it. A man who attends one of the infidel convocatheir father was not to bo dishonored in this rich tions on Sunday may publish in his journal that my calling, which should keep them out of courts of
most of them, if not all of them, engaged in a sacred and prosperous State, why, it was due to the decen. friend Mr. Bangs goes to church three times every justice as far as possible (and I am sure that all cies of religion, as well as socioty, that, even when the inclemency of the weather did not require it, be a very great fool, and utterly unworthy the reSunday, and that, therefore, he proves himself to
came with reluctance), and which should protect they should be nicely and genteelly dressed. Besides, they were cultivated people; they were literary spect and confidence of men of the world. Would them against the rude hand of the worldly. It is
true that Mr. Bright (who did not appear to any that be a libel? Would that injure Mr. Bangs? people, and there were females among them, and particularly this lady, who could not live as roughly Why, no! Any one who believed it to be unwor- disadvantage when compared with the best of them)
was the subject of a rash and gross attack, with a and coarsely as you or I could. A piece of brown ay to go to church would of course agree with the view to impeach his motives, and inducing you to
comment; but all those who thought the reverse bread, and a piece of corned beef, provided one of
disbelieve his testimony. That was not right, or us had it each day, would put us above charity, and would condemn the writer of the comment instead wise. It was not just, I am sure that Dr. Bright we should not need any thing else ; but these de- of Mr. Bangs. Therefore, the courts of law have
does not wish me to defend him. If, as he stood said that these comments go for nothing, unless licate persons, such as this lady and these young they are carried to an enormous and excessive
bofore you, and spoke before you, and explained children, required a variety of necessaries which
length. I can agree that the language of abuse and this transaction before you, he is not able to be the 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 proLet us see what the income was. Why, it allowed
tect him against all insinuations of this kind, then them $100 a head. From the aged grandfather and outrage the feelings, and when we come to an exgrandmother down to the young children, just $100 but in a plain and ordinary case, where all that tho
I am very greatly mistaken. He needs no aid from tremo case this doctrine would not be applicable;
Ho may defy the breath of slander and rea head! That was what they had. We have 365
proach. days in the year. How many cents per day does observer says is, as here,—"That this can be regardthis allow to each of these children? Why, some
ed in no other light than as an attempt to deprivo Gentlemen, what is Mr. Fletcher's story about
the widow and helpless family of subsistence,” the purity of his own motives? I do not know but thing less than thiwy cents a day, to pay the phys- (there being no enlargement upon the facts) but that he has thrown out some idea that a certain ician, to pay the school teacher, to pay the tailor, that this is merely a thing which I do not think somewhat serious, I presume, controversy, relative to pay the shoemaker. Shall I
say butcher? No, Gentlemen; there could have been any fair and honorable man would do." There is to the translation of the Bible, which has existed in
no licentious use of terms, such as my friend com- the Baptist community, and which is entitled to no butcher under such circumstances. Shall I say to pay the baker? No. They would have to do plains of, whon I gave the common phrase among every respect, may have something to do with this their own cooking, and their estate was not quite booksellers which they apply to this sort of trans- controversy here. I am sure that his counsel said
action-piracy. The phrase is no invention of so, but certainly none of his witnesses did. They largo enough for them to cut wood to make a fire, mine ; but when one bookseller sneaks in between repudiated that idea as far as they spoke;
and when and there would be hardly any thing saved there. another and his job, they call him, in the trade, a the editor or author, Mr. Middleditch, recapitulated I ask, were they not needy and destitute? I refer Pirate; and when one man steals, in writing a book the advantages to result from his work, and ceryou, gentlemen, to the testimony of Mr. Eddy, from the work of another, that is called “ piracy.” tainly we must suppose that he determined to make their own witness, who says that out of this lady's little means, which were deposited in his hands It is a pretty strong phrase, but then the booksell- the most of them, ho very distinctly repudiates any
ers all use it. Do not think that I applied to this question of that kind being up, and I suppose that during the year ending December 1st, 1853, she could not limit the sustenance of her family to this
man Fletcher any worse epithet than that which bis no question of the kind was up. It is certain that
own cloth use. You perceive, gentlemen, there-notbing of that kind is alluded to in the letter of sum of about $1,000, and she was obliged in twenty, fore, that the essential question here is, whether vindication written to Mrs. Judson by Mr. Fletcher nine different payments, to reduce her capital, and bring herself downone year nearer beggary. She was
what this paper stated was the truth. Now, it is himself, on 8th Dec., 1853, only six days before this
an undeniable truth. It is impossible to indulge in paper issued. Was there any difference? Why, obliged to reduce her capital over $1,200, and tho sum she received was $2,193 0s. This, gentle any criticism upon it, except the one I have sug- the learned counsel has called some witnesses to men, was not for the purpose of indulging in extra- gested: that these people would havo had only prove that when the book of Dr. Wayland came out
thirty cents a day, and they might, by possibility, some criticismns were made upon it. Some people vagance; it was the necessary demand, from time
have lived upon bread and milk; but they would said that it was rather dear for them. That we can to time, for the benefit of the family of this weer- not have gone much further than the bread, and understand. That I have answered already. In ing and dying lady, stretched upon the bed of dis- that would have been pretty brown. But hat was relation to that, we meant to supply a cheaper ediease by the hand of death. Mr. Bright tells you not their whole subsistence. Nobody is utterly tion, and he might have known that. Again, it that she could not live under $2,000 a year; and without a stiver, and it cannot be thought that this was said that it was too long-that it might be you know it. So that if this work had not been admirable lady was totally destituto and had noth- abridged, irrespective of expense. That, of course, projected, and somo $10,000 or $11,000 realized
ing. This was an interference with her subsist- falls under the same category. Again, there was from it when accomplished, you must see that in the course of three or four years, if, in the Provi- cnco ; there is no dispute about it, and it is impos- another question, and we have called Dr. Cutting dence of God this lady had been spared, she would sible to deny it. Is not this an end of the case ? Is about that; a question, not of religious belief, but have been the subject of absoluto charity. Now, I not this a completo, absolute, and perfect justifica- one of expediency, and as to the expenditure of
tion? Why, I cannot imagine the necessity of say- 1 money-whether preaching from the pulpit, or
publishing bibles and tracts, or other productions but none of thom say that they approved of this typographical error in the work published by the through the press, was the most efficient moans; work in advance of its promulgation, and none say secretary, he would copy that typographical error, that is, which stood number one, and which num- that they called upon this gentleman and advised instead of giving it correctly, for then it would ber two, in point of efficacy to the public and to re-him to get out such a work. And Dr. Cone, who seem as if he had stolen it from Dr. Wayland's, and ligion-not that either was objected to; but which you will remember, gentlemen, seems to have a lit- he kept the error in his book, so that it might not stood A number one. It is not pretended to be a tle more nervous excitement than the others, said appear he had been stealing. Next, when he got controversy about religion, but a kind of a subtle that he approved of the work itself, but that he did hold of any of those unauthorized productions in thing that people might talk about. That is, a min- not wish to be drawn into this question between the common newspapers--a story that somebody ister of the Gospel might say to himself, having Mrs. Judson and Mr. Fletcher; and he promptly told him as interesting and pretty--if he found Jeisure in the evening: "I have some hours to and quickly ropndiated the idea that he had re- that in Dr. Wayland's book he would not put it in myself, shall I pray, reflect, prepare my mind, and commended or advised any body to interfere with his, except under special circumstances. If he go off to-morrow ten miles to such a little congre- Mrs. Judson in this way.
could not find it there, and could not find out whegation, or shall I prepare a tract ?" (and, I suppose Now, a single remark more, and I have done. If ther it was true or not, be thought it so good that there is no harm in writing a religious one on Sun- it was fair, right, and honorable to publish this it ought to be true, and he put it in his book. And day); and, on the whole, according to the spirit work in the way that Mr. Fletcher did, interfering thus he got up an entertaining little book, and by ibat was uppermost at the moment, he would pre- with this lady's pocket and with her sustenance, this careful and judicious avoidance of the work of fer the tract, or would prefer the sermon; and He the publication has done him no barm, bocause all Dr. Wayland, so that he might evade the law and alone who governs the hearts of men could tell the just and honorable men will say that he did no
the appearance of stealing. After he had got his reason why the one was preferred to the other. He inore than he had a right to do, and the comment book complete, and had carefully cvaded, as far as says that the coutroversy existed, and that he con- goes for nothing. If it was unfair and unjust, con- possible, taking any thing out of the book of Dr. sidered it a matter of conscience to answer that trary to the usual amenities of social life, contrary Wayland, he found there were about half-a-dozen want, becaušo he thought there was a little too to the Christian relation between persons of the facts in the Doctor's book, that were such perfect much preforence given in the work of Dr. Way- sume denomivation, and engaged in the samo pur- gems and jewels, that it would never do for him to land to preaching from the pulpit; and he read one suit, you will say so, and the comment was just and print his book without taking these five or six little single sentence which seemed to imply that, and proper.
gems. He looked in the Baptist Recorder and then he read half a page, written by Dr. Judson
A little more upon the motives and actions of other journals, and talked with all the pious peohimself, talking very highly of the benefits of the Mr. Fletcher, and I have done. Isay that his work ple he could get hold of, in order to find authority press. I won't go further into that. You will per- is proved by his witnesses to be a piece of piracy. for printing them in this book, but he could find ocive, gentlemen, that it is hardly a controversy; The Rev. Mr. Middleditch, his editor, says that he nothing but what was in Dr. Wayland’s book. lle but you have one important piece of testiinony from never touched the work until he had got posses- had determined not to have the name of stealing Dr. Cutting upon this subject
, and it is that
, al- sion of Dr. Wayland's book, and had read portions any thing from Dr. Wayland, and what was he to though a sort of foundation was laid for some little of it. You will recollect how difficult it was for do? His book would look quite ridiculous if it left inquiry upon that subject several months before him to remember what portions he had read. He out those interesting facts. There was only one this work was announced, yet nothing was ever had read it, and it is not bard to understand that thing that he could do, and he came to the conclusaid about it until some publication in the news he must have done so with a great deal of atten- sion that it was but a small sin to steal from those papers, subsequent to the announcement of Mr. tion, because he was going to write just such an
five hundred pages these six little jewels. Thesc Fletcher of an intention to publish his work There other book. When he was getting up his book, he little sins are things that damn us all. Wo all bewas no controversy in this, and this is the way I gathered up some accurate materials, published in gin with little sins before we get to large ones, and provo it. All that is afterthought. I refer you to the regular journals and magazines of the Baptist I have heard it said that it is the first glass that Fletcher's reply, written on the 8th December
, 1852, community, under the band und scal of their in- makes the drunkard, and not the twouticthi. It is in which he elaborately sets up his justification for stitutions. So far as they went they were accu
the first stooping to sin that leads us on, and let printing this new book; that it is merely to get a rate; but thoy are all partial statements, as one of me tell my friend that he had better not preach in smuller work, and a cheaper work, to answer the the jury called the attention of the witness to show. favor of small sins-these little woe bits of sins are purposes of the poor and the Sabbath schools. They were partial. I do not mean to say "wrong,"
not much matter, because he would soon be exThere is not a word about conscientious duty of set- but they are not copies of the whole document— pelled from the Baptist community. The theory of ting Mr. Judson right in the so-called controversy, not giving it at large, but only so much as accord-Mr. Fletcher is, that when you commit a little sin, whether pulpit or press should be first. I will not ing to the judgment of this officer it was proper and do it in a snoaking manner, no great harmı dolay you with reading it, for you will recollect it. to publish at this particular time.
comes of it. “Now,” said he, " when I took these Therefore, it is a pure afterthought. That is to say, a man bas donc a thing for one reason, and would acquire a deep interest afterwards. Well,
Much that would not be published at the time facts, I took care not to use the precise language of
Dr. Wayland, because I did not wish my book to when he finds that reason slipping and won't stand
seem as though it wils stolen from his." the test, he tries to frame another reason-a pure of information were short and imperfect, and he the trick and artifice of the literary plurderer, who gentlemen, he tells you that the authentic sources
I have only to say, gentlemen, that that is exactly fabrication and total failure. Then, gentlemen, he tells you that he obtained information from lotters stands before you on the supposition of his, that he had no other motivo but the view of answering the here and there, from unauthorized publications; but steals from the works of another to adorn his own.
It does not requiro any enlargement to convey lo wants of the Subbath school. Well, the answer to
with a very bocoming sentiment he never crossed that is as plain as any thing can possibly be, and is tho charmed threshold within which that worthy your minds the idea that this book of Mr. Fletcher 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 hila
arose from no desire to satisfy any public necessity, Hamilton, and sought it at the bed-side of the dying in the month of December, that if he had inquirca | widow, lle got no communications from her. lle man being; but that it was actuated by a mean and he would have found that those who took care of bad 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
provided it could escape detection and punishment, schools, and his work did not come out for several missionary himself. He had none of those sources months atterwards. Well, gentlemen, ho has no land. lle had no recourse to the original docuof information which were all open to Dr. Way- for the purpose of the little shabby gains that ro
gult. Without commenting upon this undertaking, shadow of excuso, save and cxcept only just this
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 thosc materials together, and then I have dono. From the announcement of You will remember that his counsel offered to be resolved, out of all that bundle of matter, tó Mr. Fletcher, we see that there is not one single solicited on those several heads to publish a sınaller bookseller to print. Ile did not want Dr. Way- read it, for it is given in ovidence by himsoll. prove, and stated that he would, that he had been make up as interesting a book as he could for this word about satisfaction of doubts, and so on. I will work. Has he proved that by a single witness? land's book, because it was necessary to avoid it; “Burmali's Great Missionary, or Records of the Life, Char. Take Dr. Middleditch–I hope the gentleman so that in taking matter from what he found pub- acter
, and Achievements of Adonirain Judson. Elegantly will excuse me,—the Rev. Mr. Middleditch,—who lished by the Secretary of the Board of Foreign illustrated with fine steel engravings, and a map showing at swears that he did not suggest it to Mr. Fletcher, Missions, or any of those societies, containing
a glance the field of Judson's labors, with bis voyages and but that Fletcher first suggested it to him. It incidents that happened at Burmah, or else- travels
, in one landsome duodecimo volume, price one originated with Mr. Fletcher. He has called seve-where, he had to look and see whether Dr. A“ In the preparation of this work, information has been ral respectable divines here, who have testified Wayland had the same, and contrive to be a taken from every available source. Instead of long labor. that, in their view, a smaller work was desirable; little different from Dr. Wayland. If there was a saving quotations usual in extended biographies, the jour
nals and correspondence of Judson have been examined for every thing that comes from his pen is simple questions. The history of this case seems with minuto 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 ac
life. They wanted a narrative: a correct and per- man employed by the American Baptist Society, in counts of tho 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 tablos. The progress of translation is accu- eminent Oriental scholar. His aim was the dis- lle was accompanied to India by his wifo. Upon rately noted, in a manner which, whilo affording a narrative semination of sound religious literature. Some his death shio returned to this country, charged of the every day labors of the great translator, avoids un- diifered from him— Dr. Wayland among others-in with the support of his children. Shortly after her necessary sameness. 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 propared, 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 liands 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 tho head of the former class, tion of this memoir, it was announced by Mr. will greatly aid to give his name the everlasting remom 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, betwoon whom and Now what is there to indicate that this was in-gave a falso view of Dr. Judson's sentiments in this these parties there does not seem to have been tended to satisfy the views of a sect, if such there particular, and becauso it criticised some of his any connexion, is the editor of a literary journal, were in the church, drawing some distinction be- actions. For this roason this book, embodying and it is his business to notice literary productions, tween the press and the pulpit? Nothing of the such a criticism, would not please those who agreed Observing the announcement of Mr. Fletcher's sort, and it is so said by Dr. Wayland; and if you with the opinions of the great missionary. It was the work, he wrote to Dr. Wayland for information do not subscribe to that doctrine in this caso, then production of an unfaithful biographer, who would upon the subject, and Dr. Wayland's reply elicited I am greatly mistaken.
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 bor.or to look with Dr. Judson's eyes upon every subject.
" WAYLAND'S LIFE OF JUDSON. and good feeling, by which men are governed in But has he not dimmed the luster of Dr. Judson's
“In the last number of this paper we called attention to this life, and we have indeed arrived at that period name by obtruding his own vicws in a work pro- the above work, commending it to all such as would be inwhon the church and the law should unite in com- fessing to be the history of Dr. Judson's life, and terested in the faithfully drawn portrait of a most noble man mending small secret sins, and praising the small the exponent of Dr. Judson's opinions? Nothing and devoted missionary. Having since learned tbat another
memoir of Dr. Judson was announced for speedy publicaand petty meanness that leads men to commit them is so free and open as the history of great men.
tion, we wrote to the Rev. Dr. Wayland, roquesting him to for trifling considerations,—why, in the name of Their lifo 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 fainily, and whether any papers wero likelibol your country, and applaud Mr. Fletcher, ac- able in writing a biography of one so eminently is to exist other than those already made use of. Froin cording to the extont of his superabundant merits, distinguished--more fuir, 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 tho lettor of Dr. high approbation of his conduct.
Dr. Dowling, who is known to all, and these Wayland. The article then proceeds: But I do not, gentlemen, conceive that the ver- other gentlemen, who say to you that they consider
"We give prominence to the above, because we do not diet would do you credit. Í trust you will not cast the undertaking of Mr. Fletcher necessary and pro- think any one would willingly act in an unjust manner towso great a reproach upon yourselves, and upon all per. Mr. Fletcher was surrounded by men who ards the widow and fatherless."
felt as he did. of us, as to render even that little verdict.
What he thought, felt, or knew in reference to Mrs. Judson, is plain. He
Now, in all this, gentlemen,-in all the original Mr. Willard, for the plaintiff, replied sub- thought she was amply provided for. Is it not as
matter that comes from Mr. Norton,--there is no stantially as follows:
suming too much to say that Mr. Fletcher was in- libel,—not the shadow of a libel. He wants to May it please the Court and gentlemen of the sincero in writing to Mrs. Judson to that effect? It know whether there was likely to be anything new
is said that Mr. Fletcher knew the condition of in Mr. Fletcher’s publication, ary thing which was Jury. I have watched my opponent's sumıning Mrs. Judson. But we see that he expressed the not probably published before, whether, he had up with great care, and think that you, gentlemen of the jury, will notice something very peculiar in lieved when he announced the book, that no causo opinion that she was amply provided for. Ho be- received any documents from Dr. Judson's family
for publication. It was an inquiry which the edithe conduct of this case. My learned friend is not for charity or benevolence was required. Neverthe
tor of a literary journal might very reasonably in the habit of trying unnecessary issues. Why,
make. Dr. Wayland's letter was as follows: then, does he come here to try to blacken the char-less, he offered to her to give up his part of the pro
"In reply to your inquiries I have to state that I have no acter of Mr. Fletcher, except to support a libel posed work, provided that a full and ample and comwhich has already done so? If it is unnecessary this offer? He had a moral and legal right to publish that portion of the materials for a memoir
, which has not plete work might be written by her. Did slic notice reason to believe that materials of any value exist for a life
of Dr. Judson, which I have not seen; and, moreover, that to attack him, is there not an imputation of malico in the attempt? And this is a kind of malice the work; yei, for charity's sake, be hesitated to appeared in the public journals, can have been accessible to which the Court will instruct you, as a matter of proceed. She spurns his kindness, and refusos no person except myself. No one of the family of Dr. Jud
with scorn, charity at his hands. She claims as a law, that you are bound to consider. Where a libel right that which she refuses to receive as a favor. tion, and neither Mrs. Judson nor her friends have been in
son has ever been consulted on the subject of this publicahas been published, an unsuccessful attempt at justification is evidence of malice. If Mr. Fletcher Ho tendered it like a man, a Christian, and a gentle-formed of the name of the author." is not a deeply injured man, I will never trust my man. She replies, “I will tolerate no dictation So far there is nothing libellous. Then follows
this last part: judgment again. As to the memory of Dr. Judson, my business.” She treats it with contempt. he is the common property of all humanity; and
Mr. Willard proceeded to comment at some
“Under these circumstances, I think that such an underit is a misfortune that so revered a name shonld length upon the evidence, attacking in severe than as an attempt to deprive the widow of Dr. Judson, upon
taking can be viewed in no other light by honorable men, ever be brought into the arena of legal strife. We, terms the motives of the defendant in pro- whom two helpless families are dependent, of the means for our part, do not arrogate to ourselves any ex- ducing the correspondence between Mrs. Jud- of daily sustenance.” clusive right to the partisanship of his name.
son and Mr. Fletcher. And he insisted that That, gentlemen, constitutes the libel complained I shall now briefly state the facts which have the defendant had failed to prove the truth of of in this case. The letter however was not writbeen presented in this case. You have all heard of
ten for publication; it was for the information of the life and character of Dr. Judson. Against him the libel, and that the attempt to do so was we havo nothing to say; we all honor and revero only an aggravation of the offence. At the Mr. Norton. But Mr. Norton chose to publish it,
and thereby rendered himself responsible for it. his name. Great preparations were made for the conclusion of his remarks,
The last paragraph is the one in particular compublication of Wayland's life of Dr. Judson. CHIEF JUSTICE OAKLEY charged the jury as
plained of as libelous. It attributes to Mr. Fletcher Strenuous efforts were used to effect an extensive follows:
unfair, dishonorable and mercenary motives. It sale of this book. It was received and read, and Gentlemen of the Jury- This case bas consumed seems to imply that Mr. Fletcher was inclined to complaints were made that it was a mere compila- considerable time, but I think that the whole cause deprive Mrs. Judson of her income. I do not attion of letters and journals, valuable in themselves, may be disposed of by the determination of a few tach any importance to the phrase uscd,
sustenance ;" it only means that it was an attempt be careful not to allow it to exert any influence on distinguished merits, received a more fitting reward, in the to injure Mrs. Judson by curtailing the sale of her your minds.
appointment of principal librarian and regent of studies in
the university. book. Now, gentlemen, so far as that publication
The jury thereupon retired, and after a few To the duties of these offices be devoted himself assiduimputes improper motives to Mr. Fletcher, and is calculated to degrade him in the eyes of the commoments’ deliberation, returned a verdict for ously, and ho refused every solicitation by which it was
sought to withdraw him from his native city. Murat enmunity, so far it is in law considered libelous.
deavored to lure him to Naples; the Grand Duke of TusThere is nothing in Dr. Wayland's book which
cany invited him to Florence; the Emperor Francis held would prevent another book on the same subject
out tempting offers in Vienna; Pius VII. employed every being published. Any number of men may write
instance to obtain his services at Rome. But he was proof a book, -any number of books,-on the same sub- The Edinburgh Review, for January, has an against them all, and continued, with the exception of a few ject, so long as they do not violate copyright. Mr. article, mainly compiled from papers read before brief excursions to Modena, to Mantua, to Leghorn, Pisa,
and Rome, to reside in Bologna, until the accession of GreFletcher had a legal right to publish his book. the Philological Society by Thomas Watts, Esq., gory XVI, in 1831. This is conceded on all sides. It is not supposed which supplies much interesting information It was during these years that he acquired the largest that he violated any legal rights. But the imputa- concerning the attainments of this eminent lin proportion of his knowledge of languages. tion is that he acted unfairly and unjustly in at-guist. As compared with Scaliger, “the admi
His own account of the process by which these various tempting to defraud Mrs. Judson by lessening the rable Crichton,” Klaproth, Pallas, Sir W. Jones, esting. Mezzofanti, though most liberal and tolerant to all
stores were successively gathered, is very simple and intersale of her book.
and other distinguished scholars of all ages, others, was zealously devoted to the duties of his own proNow, gentlemen, in the first place you have to Mezzofanti is shown to have immeasurably session. “I was living in Bologna," he said, “during the inquire how far the facts and circumstances set transcended them all in the variety, extent, to visit the military hospitals. I met there among the
At that time I was young in the ministry, and used forth in Dr. Wayland's letter are true. It was not exactness, readiness, and completeness of his patients
, Hungarians, Slaves, Germans, Bohemians, &c. intended to be represented that Mrs. Judson was entirely destitute. She had some property, but it knowledge of languages. We subjoin, from this whon, although dangerously ill or wounded, I was unable
to confess or to reconcile with the Church. My heart was seems to have been inadequate for the purpose of article, a brief notice of the Cardinal's life.
grieved at the sight. I gave myself up to the study of these supporting and educating her family. It does not
GUISEPPE GASPARDO MEZZOFANTI was the son of an languages, and easily acquired enough to make myself intelappear that Mr. Fletcher bad access to any docu-humble carpenter, and was born at Bologna, September 17, ligible. I needed no more. I began to make my rounds ments except those which had appeared in the 1774. He was sent to one of the charity schools of his na- among the sick beds. Some I managed to confess; I talked public journals; and it seems very clear that there tive city, and was destined by his father to follow his own with others; so that in a short time I bad considerably enwas no request on the part of Mrs. Judson or her trade, at which it is said that he actually worked in bis early larged my vocabulary. With the blessing of God, assisted family for Mr. Fletcher's publication. The facts boyhood. According to one account, wbich, although not by my own memory and industry, I came to know not only and circumstances stated in the letter appear there-contained in any of the published memoirs, is derived from the language of the countries to which these invalids before to be substantially true.
a distinguished Anglican dignitary, once a pupil of Mezzo- longed, but even the dialects of the different provinces."
fanti, it was while he was thus employed that he attracted “The hotel-keepers, too," he added, “ were in the habit of In the second place we are to consider whether the notice of the good old Oratorian, Father Respighi, to apprising me of the arrival of all strangers at Bologna. I Dr. Wayland's comment, appended to this state- whom he was indebted for his release from tho uncongenial made no difficulty, when any thing was to be learned, about ment of the facts, is justly made. If it is, I do not lot for which his father had designed him. The placo where calling on them, interrogating them, making notes of their see that it is objectionable in law. But in deter- bis work-bench was fixed was, as is usual in Italy, in the communications, and taking instructions from them in the mining the motives of Fletcher you must look not open air, and under the window of this old clergyman, who pronunciation of their respective languages. A few learned only at this statement, but also at the circum- privately instructed a number of pupils in Greek and Latin. Jesuits, and several Spaniards, Portuguese, and Mexicans, stances under which his book was published.
Young Mezzofanti, overhearing the lessons, caught up the who resided at Bologna, afforded me valuable aid in learning
instruction with that marvelous facility which distinguished both the ancient languages and those of their own countries. It appears that considerable fault had been found bis after life: and one day surprised his unconscious teacher I made it a rule to learn every new grammar, and to apply with Dr. Wayland's life of Dr. Judson. One reason with the discovery that, without even baving seen a Greek myself to every strange dictionary that came within my was that it was too voluminous, especially for book, and without knowing a singlo letter of the alphabet, reach. I was constantly filling my head with new words; children. But the principal objection scems to be had acquired an extensive and very accurato knowledge and, whenever any new strangers, whether of high or low have been, that it advocated a wrong theory in a
of the great body of the words contained in the books degree, passed through Bologna, I endeavorsd to turn them
which he had heard explained in these stolen lectures! Resdifference which has grown up in the Baptist
to account, using the one for the purpose of perfecting my Church, Complaint was made that it did not give pighi, who was a most kind-hearted and enlightened man, pronunciation, and the other for that of learning the familiar
at once resolved to save for literature a youth of such words and turns of expression. I must confess, too, that it a fair exposition to Dr. Judson's views, and that promise ; himself undertook the task of instructing him in cost me but little trouble; for, in addition to an excellent it gave undue prominence to Dr. Wayland's views. Greek and Latin; and on his declaring his preference for memory, God had blessed me with an incredible flexibility And it seems that a number of eminently respecta- the ecclesiastical profession, placed him at the episcopal of the organs of speech.” ble people were of the opinion that another life of seminary of Bologna. The meagre notices of his early
By degrees, as his fame extended, travelers from the most Dr. Judson should be written. I see nothing in career wbich bave been preserved, contain hardly any thing distant countries, and speaking the most out-of-the-way the way in which Mr. Middleditch compiled his of interest for our present purpose. He learned in college tongues, began to visit Bologna, with the express purpose of book which can be the subject of objection. Of German were derived from a Bolognese ecclesiastic, the Christian populations subject to the Porte, during and before
Latin, Greek, Hebrew, and Arabic,
His first lessons in seeing Mezzofanti. The troubles in Greece and among the course he should not copy verbatim from Dr. Way- abbate Thiuli. He picked up French from an old priest of the outbreak of tho War of Independence, brought many land's book; because in so doing he might perhaps Blois; Swedish, from a Swedish physician who had settled refugee ecclesiastics to Italy. The various revolutons of subject himself to damages for infringement of at Bologna; and Coptic from a learned clergyman, tho Ca- Spain led to more than one Catalonian and Valencian priest copyright. You, gentlemen, must judge of all the nonico Mingarelli. And it is plain froin what is told of him taking up his residence in Bologna. All these and many facts of the case, and you must determino whether that then, as later, the faculty of memory was that through more were placed under contribution. And it is about this the motive of Mr. Fletcher was to supply a deficien- which he mainly worked in the acquirement of bis lin- period of Mezzofanti's career, that the interesting series of cy, as he now states that it was.
guistic stores. One of his recorded schoolboy feats was to notices compiled by Mr. Watts may be said to commence.
repeat, after a single reading, a folio page of St. John Chry. If, upon the whole evidence, you come to the sostome, which he had never before seen; and other exer- The testimony of Mr. Stewart Rose, in his conclusion that the imputation cast upon him by cises of memory equally ready and equally remarkable are published work, reaches as far back as 1817; the article was just, you cannot find for the plain- mentioned among the recollections of his youth.
when he was thirty-six years old, and read tiff; but if you think that it was not just, the plain- He was admitted to priest's orders in 1797, and in the end
Lord tiff would be entitled to recover damages.
of that year was appointed professor of Arabic in the Uni- twenty and wrote eighteen languages. On the subject of damages, nothing wbich the on his refusing to take the oaths required by the new Cisalversity. In the following year, however, he was deposed, Byron's visit also occurred about this time.
“I don't remember a man amongst them," he says, of Court can say will help you. You may take into pine Republic; and, until the year 1804, when he was again foreign literary men generally, “whom I ever wished to see consideration the circumstances under which this restored, he eked out a scanty income by privato tuition, twice, except perhaps Mezzophanti, who is a monster of letter was got up. It was written by Dr. Way- especially in the Marescalchi family, where he had the ad- languages, the Briareus of parts of speech, a walking polyland, and the plaintiff published it without making vantage of an extensive and curions library, particularly glot, and more, who ought to have existed at the time of any objectionable comments upon it. But in pub- rich in the department of languages, His fidelity to the the tower of Babel, as universal interpreter. He is, indeed, 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 avljuration to the gods,
papal cause, in the contests between Pius VII. and Napo- a marvel, unassuming also. I tried him in all the tongues sible for its truth.
sorship, in 1808, though he was invited by the Emperor to against post-boys, savages, Tartars, boatmen, sailors, pilots, A great deal of unnecessary testimony has been Paris, with most brilliant prospects; but in 1812 he obtained gondoliers, muletoors, camel-drivers, vetturini, post-masters, brought into this case. Ifany of you are connected the place of assistant librarian; and on the return of Pius post-bouses, post overy thing; and egad! he astounded me with this Baptist controversy in any way, you will VII. from his exile, in 1814, his fidelity, as well as his other-even to my English?"