Page images

[Witness having examined a printed copy of the I am not willing to criticiso it; I never read a page of it

; 1 Judson; it was published, I think, the latter part of Sepextract from his letter, prefixed to the interrogato- have nothing further to state of advantage to the defendant tember or the first of October, 1863. Its retail price was

in this suit. ries (it is printed above), continues:]

two dollars; the copyright was taken out in the name of

Mrs. Judson, widow of the late Dr. Judson, and I suppose

In answer to the cross-interrogatorics, he said: I have examined as requested, and presume this to be a

it is owned by her. I cannot say that I know any thing copy from a letter written by me to Mr. Norton; I have no I never had a word with the defendant on the subject of porsonally about Mrs. Judson's means of subsistence, and copy of my letter, but think that is the copy; I presume I holding him harmless from all damage be might sustain in condition in life. I know the plaintiff; he is a publisher arn the Dr. Wayland mentioned in the extract.

consequence of publishing the extract from my letter, or on a comparatively small scale ; I have no knowlodge of his I am the author of a life of the lato Dr. Judson. It has gave him any assurance in relation thereto. I wrote the being engaged in publishing for any cbaritable or benevobeen published by Phillips, Sampson & Co., of Boston. The extract alluded to for the information of the defendant, who lent purpose; have seen the work entitled Barmah's Great title, as near as I can recollect it, is “Memoirs of the Life published it on his own responsibility.

Missionary; it was published, I should say, about March, and Services of Rev. Adoniram Judson, D. D.” It was The defendant has not informed me by whom the other 1854; the price of it was one dollar; do not know who the published last September or October. I am not in the least memoir of Dr. Judson was to be published. I learned it author is; have made a good many inquiries

, and could find interested in the salê thereof, nor do I receive any part of through the papers, and have had necommunications with no one who claimed to be the author; do not know who the profits thereof. The copyright belongs to Mrs. Emily the defendant upon the subject, excepting when he request- owns the copyright; I am not awaro that any friend of Dr. C. Judson. In accordance with my desire, the same was ed me to write him upon the subject, and upon that request Judson or his family was consulted in relation to Mr. taken in the name and for the benefit of Mrs. Emily C. I wrote the said extract. At that time our conversation Fletcher's publication; its publication would interfere with Judson.

went on on the assumption that the book was to be pub- the book published by us, and would tend to diminish the The work was compiled and prepared by me from matc- lished by Mr. Fletcher in accordance with his announcement income from the book. Burmah's Great Missionary is not rial furnished to me by the concurrent consent and desiro of in the newspapers, made some weeks before that time. any more original, correct, or complete than Dr. Wayland's Mrs. Judson and the family of the lato Dr. Judson. Mrs. This letter I wrote at Mr. Norton's request, and for bis in- book; I do not know what was the object in publishing it; Emily C. Judson rendered me important assistance in the formation alluded to the forthcoming book to be published our firm has not failed to supply the demand for the work work of preparation. The work was compiled from letters by Mr. Fletcher. .

published by us; pot moro than a day or two-and that in in missionary journals; from private letters and papers of

very fow instances--bas intervened between our receiving

Upon being asked if any materials of any value an order and our supplying the work. There was another the lato Dr. Jadson; from private reminiscences of Mrs. Emily C. Jadson ; - from material furnished by the American for a life of Dr. Judson, that he had not seen, were

life of Dr. Judson in preparation, by Mrs. Judson, about Baptist Missionary Union, and the American Board of Com- in existence, he answered:

December, 1853. It has not been published, becauso her missioners of Foreign Missions. I recoived such informa

health would not allow her to complete it.

I refer to my direct examination for an answer, as I cantion from Mrs. Judson, various friends and correspondents not state any more fully my means of information. of Dr. Judson, from Rev. Dr. Bright and Dr. Andrews, Sec

To the cro88-interrogatories he testified as follows: retaries of the above-named Societies. The papers have

Upon being asked to state if that was not merely

Previous to the winter of 1853, we bad paid Mrs. Judson since been returned to their respective owners; i presume a matter of opinion with him, and whether he had five hundred dollars; since that time we have paid her ton so; those that were sent to me I returned to the sources examined all tho public prints to see whether such thousand dollars. Our indebtedness to her now is not more from which I received them; I do not know of any one was the fact; or by what means he knew such to than two or three hundred dollars. We have an interest in who has any materials other than those used by me; and, be the fact; and also to state if the statement made the work, arising from a percentage on the transaction of from the great exertions made by me and Mrs. Judson to by him that that portion of the materials for a me- the business. I have known Mr. Fletcher, as identified with obtain all the existing materials for such a work, I think moir which has not appeared in the public printsellers to be engaged in the publication of works for benevthat no important materials exist, except those used by me.

can have been accessible to no person except him- olent'or charitable purposes; we are not so engaged; we The above named Baptist Union also made exertions to obtain for me all possible information on that subject. I self, was not a matter of opinion with bim, and are paid by the percentage alluded to-that is, we pay Mrs. cannot tell the value of materials I have not seen, and which whether he knew such to be the fact, and by what Judson a certain sum on all copies sold, and we have the I do not believe to exist. A considerable portion of the means, he answers :

profits on the sums above which we pay her. I had not materials used by me bad appeared in the public journals.

All but the last clause of question requires no answer, as seen Mr. Fletcher's work before Docember 15, 1853. That I do not believe that any materials of importanco bad ap- will be soen by reference to my previous answers. In rela- the publication and sale of that work would interfere with peared in any public journals or existed, besides those used tion to the last clause, I answer, that it is a conviction the sale of the work published by us is not a mere conjecby mo'in the compilation of this memoir. founded on the facts already stated.

ture, because we bave had many letters from those selling Excepting those materials which bave appeared in the My means of information are from Mrs. Judson hersell, our work, after Burmah's Great Missionary was announced, public journals, I have no reason to suppose that any other with whom I was in constant communication so long as she stating they should do no more with our work until they person has had access to the materials used by me. The was able to write.

could see that work, which was advertised for one dollar. private papers of Dr. Judson, communicated to me by Mrs. I derive my information from Mrs. Judson herself-one And since that timo they bavo nover resumed the sale of Judson, her own reminiscences, could have been seen by no of the family is supporting herself by teaching, as before our edition. These are specific instances of the sale of that person but myself. The materials furnished by the Ameri- stated.

work interfering with the sale of ours, which have come to can Baptist Missionary Union and the American Board of I have been told by Mrs. Judson that she had made ar- our knowledge. Commissioners of Foreign Missions, could only be furnished rangements for the publication of said work in England; of by vote of the Boards respectively. my own knowledge I know nothing about the matter in

Mr. O' Conor then offered in evidence the depoI have not been consulted on the subjoct of any life of quired of. I presume for her own benefit, if any copyright sition of Edward Bright, Jr., one of the Secreʻaries Dr. Judson beside my own; and from Mrs. Judson I learn or other arrangements have been effected: as to the rest of of the Baptist Missionary Union, stating that Mr. that neither she nor any of the family have been consulted the question, I know nothing.

Bright was in Conrt, and that he should probably in relation to any other work on the same subject; except.

To the 9th cross-interrogatory:

examine him during the trial. ing that Mrs. Judson, her friends, and the publishers, had consulted with me in relation to the time and manner of

Mr. Willard, counsel for the plaintiff, objected

I do not know the number of volumes sold or the amount publishing an abridged edition of the same work for her received by Mrs. Judson, in regard to the percentage. The that when the witness was in Court the party was benefit. Neither Mrs. Judson nor her friends have, to my offer of Messrs. Phillips, Sampson & Co. was 25 per cent, on bound to call him. His deposition was not admisknowledge, been informed of the name of the author of any the retail price of the book. Dr. Bright and I advised her sible. work, other than the one written by me, upon the subject to accept it, and soon after they commenced the publica- The CHIEF JUSTICE suggested, that if this were alluded to.

the rule, it would make it necessary for a party I know Emily C. Judson; she resides in Hamilton County,

I wish to correct my answer to one of the direct inter- offering to read a deposition, to prove that the witState of New York; I am informed that she is in consump- rogatories, and say that I do believe that no other writer

ness was absent-a practice not in use, and not retion, and that her physician has stated that she may not live than myself has had access to the materials used by me, exuntil May next; I am informed and believe that her means cepting those then excepted, for the reasons thus stated as quired by the statute. aro quite limited, and that, nine persons beside herself are

to the persons and societies in whose possession these mate- Mr. Willard-But if your honor pleaso, it is addependent upon her for support, excepting the eldest rials were.

mitted that the witness is here. daughter of Dr. Judson, who is at present engaged in teaching in a private family; the situation of the family in De

Mr. Willard objected to the reading of Dr. Way

Mr. O'Conor-Oh, well, then, we won't admit it; cember, 1853, was substantially as above stated; my means land's answer to the fourth, fifth, and sixth direct you can prove it. of information were communications from Mrs. Judson interrogatories, but offered to waive the objection

Mr. WillardWell, then, I will put my learned hersell.

if the defendant would concede that Mrs. Judson friend on the stand and examine him. I do not know any thing about the business of said Fletch-had received $80,000 from the sale of the book.

Mr. O'Conor–I don't know any thing about it, er, except what I see in the newspapers; I have seen such The defendant declining, the Court overruled I never saw the witness till to-day; I am not ac& work purporting to be published by him, but have never the objection, and Mr. Willard excepted.


quainted with him. examined it; I should suppose the sale of such a work

The Chief Justice-I shall admit the deposition, would, to some extent, but to what extent I am unable to

subject to exception. say, interfere with the sale of the work written by me; I I am one of the firm of Phillips, Sampson & Co.; am encannot state the motive or purpose with which said Fletch-gaged in Boston as a bookseller, reside in Worcester; our The deposition of Edward Bright, jun., was then er's book was published. Not having examined the book, firm published Dr. Wayland's memoirs of the Rev. Dr. read. He testified substantially as follows:


I am one of the Secretaries of the Baptist Union Mission- The Court thought the letters might be given in line they ever after wished suppressed. Some who claim to ary Society, and reside in Roxbury, Mass. I have known evidence as a conversation between the parties. be your personal friends have been my advisers in this. the plaintiff six or seven years ; neither myself nor any of Dr. Judson's family, nor any of the family friends, have read in evidence, as follows:

Mr. Willard produced the letters, and they were Doctors of Divinity, who ought to understand the moral

principles of this undertaking, have given me their written been consulted on the subject of any other published work

approval and offered every assistance in tþoir power. And concerning the life of the late Dr. Judson, except that of


the principal author of the work you would hardly visit with President Wayland. I know Mrs. Jadson; she resides in

TIAMILTON, N. Y., Dec. 3, 1853.

denunciation. I am also joined by the different publishers Hamilton, New York: she has been in infirm health for

Mr. FLETCHER-Dear Sir: I have been confined to my of our denomination, all of whom, I think, will take an inmany years, and is now dangerously ill in the last stages of room a helpless invalid for about three months, or I should terest in the circulation of this book about your husband.” consumption. She is not wealthy. Her property consists have taken the liberty to write to you earlier. I make an Indeed, not a note of disapprobation has reached me, except of three shares of stock in a Calcutta bank, the nominal attempt to use my pen now, simply to request you to ab- from those personally interested or an immediate friend, value of which is $5,454 54, the last six months' income of stain from publishing the book about my husband, which

The consideration of charity, a family so amply provided which was $136 86. She has real estate in Hamilton, N. Y., you have advertised. Why should strangers make matter for, pecuniarily, will not urge. The engagements I have the house she lives in, and another lot, I think, valued at lof traffic of the virtues of a holy man, while those who love made, and expenses incurred, form another reason against $2,000, subject to a mortgage of $500. She has money on him remain to cherish the sacred legacy ?

a compliance with your request, which compliance would deposit, or on temporary loans, to the amount of $8,218 49.

I entreat you not to do me and the orphans of my sainted probably only result in a change of publisher. Stin, I will She has her interest in the copyright in eight of her own husband this great wrong. Be assured that “ the Father of comply.and give up my own part, upon condition that you works, the income of which was, for the last year, $318 49. the fatherless and the Judge of the widow" will never bless will yourself prepare a work of the same plan and scope, They will produce less and less every year, because they you in such a course. You may gather up a few handfuls of and allow it to be published by some Baptist publishing have had their ran. Mrs. Judson's income for the last year, money, but that money

will not make your pillow easy nor house, saving me from loss in the outlay already made. including the allowance made by the missionary board, your heart light. You may at this present moment bolster

As I have a wife who may be a widow, and children who would not have been more than from ten to eleven hundred up your purpose by sophistical arguments and well-planned may become orphans, I hope to bo sufficiently sensitive to dollars; and her expenses, at the same time, could not have excuses and evasions, but the time will come when those the rights of such ; and, when destitute, disposed to succor. been less than $2,000. I know this; first, because I have will be torn away, and you will see this thing without a mist And I pray you, if you must think me wrong, to believe acted as her agent and adviser in financial matters, since her before your eyes.

me mistakenly so, and capable of better than sordid moreturn from Barmah, and also from the fact, that Mrs. Judson has materially reduced the amount of cash she had on Will you suppress the book! May the Holy Spirit guide tives.

Very respectfully, yours, deposit from year to year. In December, 1853, there were glad at the announcement. But if, blinded to the right, you you in the ways of righteousness, and many hearts will be


*To Mrs. EMILY C. Judson, Hamilton, N. Y. ten persons, including herself, dependent upon her, and their still persist in your cruel purpose, why, then, may God have situation and hers is such as to make their yearly expenses mercy on you in your hour of darkness !

11.–FROM NRS. JUDSON TO MR. FLETCHER. large. They had no means of support, except in the eldest

EMILY C. JUDSON. daughter, who for the last year has been engaged in tench

HAMILTON, Dec. 14, 1863. EDWARD I. FLETCHER, Esq., New York. ing. This is a temporary resource, as she has not yet com

Mr. FLETCHER--Sir: If you will do me the favor to look pleted her own education. The plaintiff, Mr. Fletcher, is a

again at my note of the 3d inst, you will see that it contains

II.-MR. FLETCHER TO MRS. JUDSON. publisher and bookseller; I have examined the work enti

no denunciations. Unless I am greatly mistaken, I comtled Burmah's Great Missionary. It would interfere with

NEW YORK, Dec. 8, 1858. mended you to the mercy, not the "judgments" of God. the sale of Dr. Wayland's work; it is no more accurate, nor

Dear MADAM: Your letter of the 3d inst. has been re- It will be a heart-sickening task to wade through your is it as complete or original, as Dr. Wayland's life of Judson: ceived, in which you request me to refrain from publishing long letter, to note the different points in your sad system

a proposed “book about your husband;" and denouncing of morality, but still I suppose I ought to do it. To the cross-interrogatories he replied as follows: upon me the judgments of God in the event of my refusal. 1. You say—“The public life of a public man is public I have been informed by Mrs. Judson herself

, that she had events is in the hands of One who judges not after the man- simply say that it is entirely irrelevant to the case in ques

I am happy in believing, however, that the disposal of all property." I am not prepared to dispute this maxim, but not been consulted in relation to Mr. Fletcher's book.

ner of selfish mortals, and who may even forgive, through tion. My husband was not, in the true sense of the word, a Deposition of Wm. D. Ticknor.—I am a book publisher, the Great Redeemer, the sins of His erring children, when “public man "—he was not a statesman, a diplomatist, a of Boston; prior to Dec., 1863, our firm published some truly repented of, and who requires us to forgive others as military or civil commander, or any thing of the sort. works, of which Mrs. Jadson was the authoress, viz. : “ Al- we wish to be forgiven-depriving us of any vindictive took his commission from no human government, and be derbrook,” and “The Kathayan Slave,” Mrs. Judson's in- rights.

labored mostly alone, under the eye of his Master. Therecome from these books, since 1851, has been about one hun- Your letter attributes to me a contemplated wrong upon fore, unless your book is false to the character of the man, dred dollars per annum.

yourself and the children of Dr. Jadson. That no wrong is it will be far more a record of private than of public life, Cross-examined.—Mrs. Judson resides at Hamilton, N. involved in the publication of this “ book about your hus- Indeed, unless I am greatly mistaken, your book, so far Y.; she is in very infirm health, and is not expected to re- band” is my sincere and undoubting conviction. The pub- from confining itself to public acts, peers into the most sacover. I should say that the publicatton by Phillips, Samp- lie life of a public man is public property; and the record of cred privacies, going even to his closet, and picturing him son & Co., would operate favorably upon the demand for, a man's life, or of a nation's annals, is the privilege of any on his knees before God. If you really cannot discern the and sale of, Mr. Fletcher's subsequent work, but the sale of historian who chooses to embrace it.

broad difference between a life like his and the official posihis work, if successful, would interfere with the sale of the Divest yourself, for a moment, of personal interest in this tion of a statesman like Daniel Webster, I could wish that work published by Phillips, Sampson & Co. Alderbrook matter, or suppose an analogous case, and let me ask you to you had at least left the public and myself to settle the queswas published under the name of Fanny Forrester, as au- decide it. Suppose that you were impressed that you could tion of property. thoress. The Katbayan Slave was published under her own prepare a memoir of Daniel Webster that wonld benefit a Your "analogous case" is a very extreme one; but still, name; the value of these works is diminishing; her inter-class not reached by the great “ authorized ” edition (as Mr. by a supposition or two, we may make it do. If Mr. Banest is a percentage on the profits; she owns the copyright. Banvard has already done), would you for a moment think vard had had the slightest reason to infer, from Mrs. Webster's I know Mr. Norton, the defendant; the object of his Ga- of consulting the “ bereaved family?" And, not doing so, previons habits, that she was at all likely to have an abridg. zette is the dissemination of literary information, and the how would you regard a requirement from Mrs. Webster of ment of her husband's life suited to Sunday schools in the advertisement and reviews of publications generally. It is abandonment, coupled with an accusation of wrong? course of preparation, he was bound, both as a gentleman & highly respectable literary journal.

And, while I believe there is in this case no infringement and a Christian, to consult her wishes before entering on his Mr. O'Conor then called to the stand the plaintiff

, donment, even of an important publication, as of the minis- husband's life, and were to write me that a book I was pub

of rights, there does appear a positive duty. The aban- own work. If Mrs. Webster owned the copyright of her Edward H. Fletcher, and stated to the court that terial or missionary work, may be inadmissible by the con- lishing for the good of Sunday schools, was interfering with Mr. Fletcher had been served with a subpoena, duces scientious Christian. It is not a severe faith that sees more her interests, and actually doing her a positive injury, I tecum, requiring him to produco certain letters. good to the world in the history of Judson than what he would as soon (I regret to write it, but you asked me), I CHIEF JUSTICE. Swear the witness.

actually accomplished in his lifetime, and when no provis- would as soon steal her purse, hoping to benefit Sunday Mr. O'Conor. Stop a moment. He need'nt be ion is made or proposed for the thousands of little country schools by the contents, as to go on with the work.

Sabbath schools and poor families, I believe this work to be sworn if he produces the letters. Have you the let-called for by the great Task Master. The highest of all ob- sentiments in it positively shocking. Your duty, while I

2. I dread to reply to this paragraph, because there are ters? ligations, therefore, forbids its relinquishment.

am out of my grave, to look after the memory of him whose Witness. What is the question ?

My estimate of the demand is corroborated by many who inmost thoughts and feelings I have shared, and over whom Mr. O'Conor. You have been subpoenaed to pro- canvassed for Dr. Wayland's work, and now engage in this, I have watched through so many weary hours of pain and duce certain letters from Mrs. Judson. Will you going over again the same field. Thus each work will fill suffering and sorrow! Yours—a stranger's duty! Where produce them?

the place for which it is adapted, giving to the former the is his wife? Where his own beloved sister, the playmate Mr. Willard. I will ask the learned counsel if it advantage of earlier publication.

of his childhood, and correspondent of his later years ? is his intention to read all the letters that passed | ing the market by anticipating other arrangements, or by watched over his helpless desolate ones, as fathers and

A principle of courtesy would prevent me from forestall: Where are those noble-hearted men who have cared for and between Mrs. Judson and Mr. Fletcher ?

taking advantage of a vitiated copyright (by copyrightiog brothers watch? Your duty! Alas! alas! And do you Mr. O'Conor answered that that was his inten- in England). I gladly leave all the great advantages your really think “The Great Taskmaster” requires of you to tion.

work possesses, pursuing a course sanctioned by long usage. seize on the orphans' birthright, because not secured by buMr. Willard. In that case, we will produce the My views of the moral question are sustained by some of man law, and putting the avails in your own coffers, stand letters, if the Court considers them admissible. the wisest and best of Christians--men who never wrote a before the world as a man who has acquitted himself of a


“positive duty ?" No, no; be assured the day will come The writing of this letter has been a sorrowful task to me. formed the Committee, through witness, that she preferred when you will find this act was called for by a very differ- It has made my heart ache. If any thing in it seems harsh, the Rev. Dr. Wayland as the biographer of her late husband; ent taskmaster, But you do not stop here. You go further, it is the harshness of trath, not of ill-will. If I had been witness had not sought to induce her to make this pominaand even profess to be too conscientious to abandon this alone in the world, I should probably have borne this injury tion; the choice was wholly her own, and it was decided; scheme, lest the public, forsooth, should lose some prospec- in silence; but I am the guardian of six orphan children, in order to give the more weight to the application, a vote tive good. Why, do you not know that just so far as you whose rights it is my duty to try to protect. I have now was passed by the Committee, requesting Dr. Wayland to prevent the sale of Dr. Wayland's book, by substituting an done for them what I could, and commit them to their undertake the work; witness was not aware that the Cominferior one, you are doing a positive barm ? Some men Father's care.

mittee passed this vote reluctantly; he said nothing in the “do evil that good may come," and are justly condemned If you persist in your work, there will be no further oc- way of urging them to pass it; it was not needed that anyfor it; but this looks to me very much like doing evil that casion for writing between us.

thing should be said; the vote was not divided; it was good may be prevented.

May the Lord forgive you, and give you a better mind. unanimous. How came you to know that no provision was being

EMILY C. JUDSON. inade for Sunday schools and poor families ? Did you ask To E. H. FLETCHER, Esq., New York.

The Court here interposed, stating that it did not any one likely to know-the family of Dr. Judson, his biographer, the executive officers of the Missionary Union ?

Mr. Willard addressed the Court, stating that he observe the relevancy of such inquiries. Mr. Wilor were you afraid to ask, lest you should learn certain facts could not consent that Mrs. Judson's memory lard replied that his object was to impeach the teswhich would spoil your speculation? Those who looked should sustain such an injury as was likely to re

timony of the witness, by showing that he was an after the Memoir for tho Churches were not likely to forget sult from the writing of such letters. They were interested party, striving to induce Mrs. Judson to the Sunday Schools.

written on her death-bed, and were harsh in tone favor Dr. Wayland's appointment, and the Com3. Do you mean to say that nothing but “courtesy " kept and bitter in spirit. He moved to exclude the last mittee to confirm it, for partisan ends, and then you from seizing on my copyright, which you happen to letter from the consideration of the jury.

seeking to induce her to dispose of the publishfancy is not good? Verily, if this be true, I should be sorry to be your neighbor in Patagonia, where there is no law for Willard exceptod. The Chief Justice denied the motion, and Mr. ing of the book, for his own pecuniary ends.

Cross-examination continued.-Nothing was expressed the protection of life and property, and where, courtesy not being fashionable, many proceedings are "sanctioned by

The plaintiff' then called Dr. Edward Bright, and in the Committee, to the effect that there were differences long usage,” that would be, to say the least, inconvenient to he was sworn, but before his examination the between the views of Dr. Judson and Dr. Wayland; witthe weaker party, Court adjourned.

ness believed that no two great men have ever differed less 4. You say your views are sustained by Christians wise

on great questions. The Committee terminated their conand good. I know nothing of that matter (except by the

nection with the memoir in June, 1853, when the manu

SECOND DAY.-FEB. 28. piles of correspondence on my table, which would astonish

script was ready for a publisher; they did so at Mrs. Judyou), but I do know that they are not sustained by Christ,

Upon the opening of the Court, Mr. Henry s. son's request, she preferring to relieve them from the deliand so will not stand in the great day. You also say that Dodge arose and announced to the Court the death cato responsibility of selecting a publisher; she proposed to I never doubted that I had my share of false friends-men Supreme Court of this district, and moved that ceived from about twenty publishers; some houses offered some of your advisers claim to be my friends. Very likely. of the Hon. Henry P. Edwards, a Judge of the take this upon herself; she selected her publishers with my

concurrence, but not by my advice. Proposals were rewho fawn and flatter, while, in order to serve their own the Court adjourn out of respect to his memory. parposes, or even to gratify some petty spite, they would

a larger percentage than Phillips, Sampson & Co., but none

Mr. O'Conor seconded the motion, with a few made a better offer; there were four things to be taken into not hesitate to crush me as a fly; but the servant is not above his Master-so was it with him who died by a traiappropriate remarks.

account in estimating the relative value of an offer: the tor's connivance---so is it with Him still.

CHIEF JUSTICE OAKLEY said—“I feel, gentlemen, character and business facilities of the house making proYour principal author may be, for aught I know, a man

the heavy loss the Bar and the Bench both sus- posals, the price at which it was proposed to sell the book, who stands up in the sacred desk, and is zealons against tained in the death of Judge EDWARDS. No one the scale of discounts proposed to be adopted for those who vice—both from that position and from the pross--but he is could be more missed than he, and the announce- buy to sell again, the percentage it was proposed to give to himself guilty of an act that no high-minded worldling ment of this sad event, so sudden, in this early things into account, the proposals of Phillips, Sampson &

the author or owner of the copyright; and, taking these four would stain his honor with. I would not denounce him period of his life, and in the prime of his strength Co.

, were the best. Witness had had a son in the employ any more than I have denounced you, but I would denounce and usefulness, shonld be an awfal warning to us his sin precisely as I have yours. You give mo startling all of the uncertainty of human life. In accordance time the contract was made, and there was no such expec

of Phillips, Sampson & Co.; he was not thus engaged at the ideas of the system of morality adopted by Baptist publish: with the motion, I shall therefore adjourn this tation; he was then a student in Brown University, hoping ers, and then ask, or rather demand of me to employ them! No, no; there are honorable men among Baptist publishers Court to 10 o'clock to-morrow morning, when the to make the law his profession; Mrs. Judson accepted the who would scorn this thing. If all the D. D.'s that human cause now on trial before me will be resumed. conditions for publishing in June, 1858, and the clerkship colleges have ever mado were your advisers, and all the The Court was accordingly adjourned.

was commenced in the following October; it was wholly an Baptist publishers in America your accomplices, it would

afterthought, growing out of the pecuniary inability of the not chango the color of this deed one whit—it is as black

witness to incur the expense of his son's legal education ; As midnight, and all tho honorable names on earth cannot

the clerkship was terminated October, 1854, since which

THIRD DAY.- MARCH 1. whiten it.

time his son has been prosecuting bis legal studies. Wit5. Charity! No, Sir; I do not come to you for charity. I Dr. Edward Bright was called to the stand and ness had not sought to prejudice Mrs. Judson against Mr. ask only justice at your hands; I ask you to let alone what testified as follows:

Fletcher; had no recollection of having written her with belongs to me, and to my children. And whether, through

regard to him; had no knowledge of the circumstances the mercy of God, I have a decent provision, or am left to

Direct examination, by Mr. O'Conor.-Witness had which induced her to write to Mr. Fletcher; did not know

who informed Mrs. Judson that Mr. Fletcher designed to starve in a gutter, it need concern you in no way whatever. known the late Dr. Judson ; and knew Mrs. Judson, inti

6. I am sorry you have incurred expenses so recklessly; mately, for many years ; she died on the 1st of June, 1854, publish a “ book about her husband." Witness was then but business men do make mistakes and recover (I rather in Hamilton, N. Y.; is one of her executors, and also one of questioned as to the amount of Mrs. Judson's property. The think) more readily by an honorable-course, than by a dis. the guardians of her children. Knows fally and exactly the result, however, was the same as before stated; the execuhonorable one. The conclusion of your defence is but the amount of her estate; his deposition—inade previonsly to tors had received about $11,500 as the avails of the copyrum-seller's excuse—“If I do not make this man drunk, Mrs. Judson's death-had somewbat overstated the amount right of Dr. Wayland's book; the sales still continue ; did somebody else will."

and income of her estate; he was now satisfied that her in- not know how many copies were ordered in advance of its Having gone through with these somewhat singular ar- come, from all sources, could not have exceeded a thousand publication; was not aware that the last edition which the guments, you come to me with your "conditions.” I can dollars a year.

public would demand, bad yet been issued ; $500 only had not, without compromising my self-respect, go over those in Cross-examined by Mr. Willard.-Witness had formerly been received on the copyright prior to April, 1854. A part detail, and so would simply say that I acknowledge no dic- been a bookseller in Utica, N. Y.; in 1810 became a clergy of her property was presented her by gentlemen in India, tator in my own affairs, and that I beg leave to decline all man. Dr. Jadson died in 1950; the intelligence was re- after her husband's decease, as a tribute of respect to his interference with yours. If you conclude to desist from the ceived at the Missionary Rooms the first woek in Septem- memory. Her available funds were deposited with the wrong you are doing, well and good; if not, the Lord judge ber of that year, and was communicated to the Executive Treasurer of the American Baptist Missionary Union, on her between us. Committee of the American Baptist Missionary Union, on

return to the United States, for safe-keeping; of the $2,000 In conclusion you ask me to think you "capable of better the 9th day of that month. They at that time requested paid her by Mr. Eddy, within a single year, at least one-balf than sordid motives.” What saith the Scriptures? "By the Secretaries to take the necessary steps to procure ma

was from the principal of money thus deposited, the intertheir fruits," &c. You have furnished me with a cluster ofterials for a memoir ; they did not propose to publish such est not being adequate to the support of her family. Mrs. as sharp thorns were over planted in a sick woman's pil- a memoir; they intended to do no more th was necessary

Judson had made the American Baptist Missionary Union low, and it is all the "fruit” of yours that I have ever seen. to secure a first-class biography, and to protect the rights of her residuary legatee. I can not imagine these to bo the refreshing grapes so grate the family of Dr. Judson. Mrs. Judson, then in Burmah, Direct, by Mr. O'Conor.-Mr. Fletcher was one of the ful to a female lip. I know too well what they are. Still, was informed of what had been done, and a full expression competitors for the publication of Dr. Wayland's work, and they may have been hung upon your vine by somo foreign of her own wishes was desired; her answer was received in offered a larger percentage than Phillips, Sampson & Co. hand-those blind leaders of the blind who have advised April, 1851, approving the course taken by the Committee, His offer was declined. you to commit a wrong. It is not mine to judge you, and (but expressing a wish that no arrangements should be made, Cross-examination. I have read the preface to Dr. WayI will not. I leave it all to Him who knows the heart of either for an author or publisher, till after her return to the land's life of Dr. Judson. I suppose the facts therein stated man completely.

United States; she arrived early in October, 1851, and in- to be true. They are so, so far as I know.

Mr. Willard then read in evidence the following missions. The views which were made most prominent I should not think they would interfere with each other's extract from the preface : were not held by Dr. Judson,

sale. Mr. Willard then read the following extracts from

Rufus Badcock. I am a clergyman, and am now the “When, in compliance with the request of the Executive Committee of the American Baptist Missionary Union, and

Secretary of the Baptist Missionary Society. I know Mr. Dr. Wayland's book. of the widow of the late Dr. Jadson, I undertook to com- “ Esperience taught him (Dr. Judson) to adhere with Fletcher. I read his work within a month after its publi

cation. There were decided differences of opinion in my pile the following memoir, I supposed that a large amount greater strictness to the example of missionary effort con. of his correspondence and other writings would be easily tained in the Acts of the Apostles. Mr. Wade and he at denomination concerning Dr. Wayland's book. I think

there was a pretty wide call for another life of Dr. Judson accessible. In this respect, however, I was entirely disap- once erected zayats at different parts of the town, and each

after Dr. Wayland's life was published. pointed. From peculiar views of duty, Dr. Judson had made the viva voce preaching of the gospel his chief occu

James R. Slone. I reside in Williamsburgh, and am now caused to be destroyed all bis early letters written to his pation." Vol. I, p. 415.

“I am more and more convinced that Burmah is to be know that there are differences of opinion in the Baptist

a Secretary of the American Baptist Missionary Society. I family, together with all his papers of a personal character. Mrs. Ann H. Jadson, from prudential reasons, during their evangelized by tracts and portions of scripture. They are a denomination concerning the method of condueting miscaptivity in Ava, destroyed all his letters in her possession. reading people beyond any other in India. The press is the stons. Dr. Wayland's book was of such a character that I Manuscripts were also consumed by the burning of Mr. grand engine for Burmah. Every pull of brother Bennet at

think another book was called for. Stevens' house in Maulmain. Dr. Jadson's correspondence the press sends another ray of light throngh the darkness of

Mr. Willard then said he had two other witnesses, with Dr. Staughton perished by the shipwreck of a vessel the empire." Vol. I, p. 510.

who had been in court all the morning, one of whom on the passage from Philadelphia to Washington. Last of

Mr. O'Conor. Is that brother Bennet of the had come from Philadelphia. It was now near the all, his letters to his missionary brethren in Barmah were Herald ? (Laughter.)

hour of adjournment. If the Court would allow lost, by the foundering of the ship which was conveying Mr. Willard. The former extract, if the Court him, he wonld examine these witnesses the first them to this country. My materials, therefore, consisted please, is Dr. Wayland's representation of Dr. Jud- thing in the morning, previous to summing up. chiefly of his official correspondence, much of which had son's principles. The latter is an extract of one of been published in missionary periodicals.”

Mr. O'Conor said that he had one more witness Dr. Judson's own letters. He used the printing press to examine. He would call him now, and perhaps The CHIEF JUSTICE.—Well, well, get on gentle- as a means of spreading the gospel. Dr. Wayland Mr. Willard's witnesses would come in before the men. I don't see but that we shall forget all about thought this all wrong; that he should confine himMr. Norton.

adjournment. He then called self to the apostolic methods of disseminating the Mr. Bright continued-Mrs. Judson received in 1853 up- truth.

& S. Cutting. I am a minister of the Baptist denomina

tion. I am the Editor of the New York Register, a Baptist wards of $2,000 from Mr. Eddy; I knew that fact, and The CHIEF JUSTICE. Well, I believe the apostles weekly journal. There is a difference of opinion in the I think I so stated in my deposition. This money in Dr. Ed did not do much with printing presses in those Baptist denomination as to whether oral or written means dy's bands was deposited by Mrs. Judson. It was partly days, did they? (Laughter.) a present to her by some English gentlemen in Calcutta and

of spreading the Gospel should be most prominent. This

Mr. Willard. I believe not. partly the result of her literary labors.

question first became prominent in the winter of 1853, on I am Corresponding Secretary of the Missionary Union. Examination of Mr. Middleditch resumed. Mr. Flet- the arrival of intelligence concerning missionary doings in She made this institution residuary legatee after providing cher's book was made up from published documents of Dr. Maulmain. Mr. Fletcher's proposal to print his book was for the education of her children.

Jadson's. They were published in the Christian Watchman made before this difference of opinion became public. The I have received from the sale of Dr. Wayland's book the and other papers. There are not half a dozen facts taken advertisement announcing his book was inserted in the Resum of $11,500. I do not know how much bad been refrom Dr. Wayland's book. It is in no sense an abridgment

corder of October 26, 1853. ceived at the time of the publication of the libel. I think of Dr. Wayland's book. I did not rely upon it for facts. Cross-examined. A question of this sort was raised by about $500. The sale of the book was not confined to sub- There are two or three incidents for which I am indebted to Dr. Wayland in the spring of 1853, in a convention at Alscription; it continued to have a large sale throughout the Dr. Wayland. But I did not copy these from his book ; 1 bany, some four months before the publication of bis life of winter of 1853 and 1854. rewrote them.

Judson. But it did not become the subject of general disDirect resumed.—Mr. Fletcher was one of the competi

Cross-examined. I first undertook the preparation o

cussion till afterwards. tors; but his offer was not accepted. I do not recollect this work, some two or three weeks after Dr. Wayland's Mr. Willard then called what his offer was. I think that it was a larger sum than that book was published. I had read but a part of Dr. Wayland's

John Dowling.-I am a clergyman. I reside in Philadeloffered by Phillips, Sampson and Co. I do not know any life. I have now read it pretty closely, with a view of phia; was personally acquainted with Mrs. Judson ; am thing of the publication of Burmah's Great Missionary.

knowing its whole contents. I believe I had read all the personally acquainted with Mr. Fletcher; I am acquainted Cross-evamination. The competing parties had no ac- original matter. I had read only a part of the compiled with Dr. Wayland's work. There was some dissatisfaction cess to the MSS.

matter. I could not say how much. I should think about with Dr. Wayland's work; my own opinion, and I think Mr. Willard. - Then they were buying a “pig in of it. I should not like to swear positively that I had not was needed. In this book of Mr. Fletcher's there is an

three quarters. I could not say that I had read five-sixths the opinion was extensive, was that another smaller book a poke."

read nine-tenths of it. I did not read the whole correspon- avoidance of those topics somewhat treated of in Dr. WayMr. 0° Comor.--A careful memoir of a very emi-dence and journals before I began my work. I could not land's book calculated to impair its value. nent missionary, by a venerable clergyman equally say how much I read. The general principle upon which I eminent-and that you call a "pig in a poke."

Mr. Willard.--He is your witness, Mr. O'Conor. went, was not to take any facts from Dr. Wayland's life The defendants here rested, and the plaintiffs which I had found elsewhere. Where I found any differ- Mr. O' Conor.-Oh no, he isn't. I don't want called ences between Dr. Wayland's copy and copies I found else

him. where, I generally took the copies I found elsewhere. I do

Dr. Cone was then called, and testified as follows:- I am Robert P. Middleditch.--I am a minister of the Baptist not recollect finding any documents not issued by the Sec- a minister of the Baptist denomination, and have been for denomination; am the author of Barmah's Great Mission retary of any religious body in Dr. Wayland's. I took the many years. I think there was a pretty general impression ary. The

preparation of that book was first suggested by few facts which I took from Dr. Wayland's book because I ir our denomination, that a book of a smaller size than Dr. Mr. Fletcher.

wanted them. I don't think it was any great sin. I do not Wayland's, was needed. I have not read a line of either of Question. What was the intention of yourself and Mr. know that the facts which I took were of any great import- the memoirs. I anf well acquainted with all the mission, Fletcher in preparing the work ?

ance. I considered them desirable for the purpose of mak- aries who went to Burmah. I have read all the reports and Answer.—A short time after Dr. Wayland's life was pub- ing the book perfect. I put the facts which I took in my correspondence of those missionaries, I suppose that some lished, there was said to be

own langunge. The object of my book was not to make such book as Mr. Fletcher's was needed. I never, how Mr. O'Conor.-Oh, no, no! That won't do. No matter quotations, but to make a continued narrative of my own.

ever, gave an opinion in writing or in words, concerning Mr. Middleditch.-Well, then, I will say that there me. I suppose it to be true. I do not recollect any thing The preface to Burmah's Great Missionary was written by the merits of his book. That such a work was needed I

have expressed repeatedly. in it to be false.

The plaintiff then read the deposition of Richard Mr. O'Conor.--Oh, no you won't. Not if I can help it By a Juror. I have been a member of the Baptist do- D. Eddy which was substantially as follows: (laughter).

nomination in this country for some nine years. The whole The CHIEF JUSTICE. -I think that is admissible. He may of the foreign correspondence is not published in the Misprove the public sentiment. sionary Magazine

In December, 1853, I had about $2,300 of Mrs. Emily C. Mr. O'Conor.–Well, then, I can't help it (laughter). Go Hiram Dayton called, and sworn. In the fall of 1954

Jadson's in my hands. During the year ending December Mr. Fletcher sold Wayland's book. I often heard people ments. Mrs. Jadson resides in Hamilton, N. Y. She is in

1, 1853, I paid her $2,193 08, in twenty-nine different pay. Mr. Middleditch -- There was a general impression that that came into the store to purchase, complain of the book, very infirm health. She has one child of her own and sup. Dr. Wayland's book did not meet the wants of all those for some reason or other. Somne that it was too high priced, ports three of the late Dr. Judson's, and may another. As who wished the life of Dr. Jadson, owing to the prominence some that it contained too much. Our sale was mostly by treasurer of the American Baptist Union, I paid her an algiven by Dr. Wayland to his own peculiar views. This was agency. Our agents complained that there was a large class lowance from the society for four children under the age of my own view. I bave heard this opinion expressed to Mr. who would not buy the book; these complaints were made sixteen. All that I have belonging to Mrs. Judson is in Fletcher, before the publication of this book. Dr. Way- before the work of Mr. Fletcher was projected. Mr. Fletcher money. She deposits with me, as treasurer, and draws on land's book was merely a compilation of Dr. Judson's cor- was aware of these complaints. respondence, journals, &c. There was not enongh connect- S.PT. Allen. I am an editor; am the editor of Merry's

me when she wants the funds. ed biography in it. Moreover, a prominence was given by Museum. I published the Mother's Magazine. I have read

This closed the evidence in the case, and the Dr. Wayland to certain methods of carrying on Christian the two works bere in suit. They are very different works. Court adjourned for the day.

what was said to be.



on, sir.


patronage for her works to give her a reasonable lage of Hamilton, in the county of Madison, and

and ample subsistence. In uniting herself with there spent the rest of her life, taking care of and At the opening of the Court, Mr. O'Conor him, she became the servant of the Lord, bound to cherishing and supporting this family. How did rose, and spoke for the defence as follows:

go forth among remote and distant climes, among she spend that life? Why, in the first place, she GENTLEMEN: The merits of this controversy strangers, to encounter not only the perils of the attended with the fidelity of a wife to the reputahave been so fully observed upon in the opening ocean, but the perils of climates to which she was tion of her deceased husband, and the interests of of the learned counsel for the plaintiff, and also in unaconstomed, and climates fraught with dangers, those of her class. She secured as the editor of the remarks that I had the honor to address to and among a people where the laws were not reg- the memoirs of her husband—a task which, owing you, that I feel in a great degree doubtful whether ularly ordered and well established as with us ; to her feeble condition of health, she was probably there is any propriety in my wearying you at all; and it may be well said, that she was exposed to unable to fulfill herself, and, at all events, she might and certainly if I have now the power of condensing every danger to which human beings can well be well think with her becoming modesty that the to a narrow compass the sum total of my thoughts exposed in this life. She went with him. She par- name she enlisted was a greater name for the cause, upon the subject, I ought to be able to finish my ticipated in all his trials. She ministered to him and for the profit that would result to her family, remarks to you in a very few minutes indeed ; be- unto the end. She received the legacy from him of than her own-she obtained the aid in the authorcanse there is nothing new to be said, and it is being the guardian and the parent of the children ship of this work, in two volumes, being a history neither pleasant nor profitable to consume our

now left without any other parent than herself, and of her husband's missionary labors, and a biogratime in repetitions of that which has been uttered, He who is the parent of us all

. She appears to have phy of his private life

, of one who, I trust, none heard, and I trust, fully understood. But parties attracted as much admiration abroad as at home; of his class will consider me wrong in saying, was here feel some interest, and there are a few things for it seems that immediately upon her being thus a man most eminent in the persuasion to which which, perhaps, onght to be said, which would not left a destitute widow, a considerable collection he belonged-eminent not only for talents, btít be essentially repetitions; and therefore I must was made among the benevolent Christians who eminent for high station, for private worth, and address you. My present idea is, that I shall occupy

were in that neighborhood or vicinity-traders or for Christian purity, and I should say, last but not your attention but a very little time. We some- merchants, I presume—it is not exactly explained least, perhaps tho highest of his commendations, times mistake the measure of our capacity, and I who they were—by which she was possessed of so far as they relate to worldly qualities, was his may probably weary you. I shall endeavor, how- what was a considerable little fund when she re- most striking eminence for his Christian and genever, not to do so. This case is exceedingly sim- tnrned with this family to her own country. tleman-like modesty. She had that work prepared ple, Gentlemen ; and a proper understanding of the We find her arriving here some time, I think, in and published. She had it prepared and published rules of law and reason applicable to it, which 1851 or 1852, with the news of his death. Exactly with the unanimous approval of the whole body of doubtless you have, will enable you with great when that barbed arrow, which she carried during the executive committee of that Baptist institupromptitude to come to such a unanimous decision the whole of her trials—that fatal disease, consumption, upon whom the duty of preparing and superamong yourselves, as will be satisfactory to the tion-exactly when that arrow penetrated her bo- intending, and guarding it against any errors, prosentiments of every just and honorable man feel- som has not been stated; but we know, though perly devolved. We find her moving onward in a ing an interest in this question, and, at the same

sure and certain is the wound, that death follows career I will not say useful, but most dutiful. It time, conformable to the law of the land.

but slowly after its first reception ; and during the may be thought-and I think a Word of that kind A slight, brief, and simple recapitulation of the period covered by this controversy, this lady was fell from the zealous lips of one of the reverend relations of those parties may not be amiss here, as

gradually sinking under the influence of that ter- gentlemen who appeared as a witness here, and a prelude to what I shall say—merely recalling the rible scourge. Nevertheless, she seems to have against whom I have not a word to say--it may be matter to your attention. You have heard, Gentle- performed all her duties, worldly and spiritual, in thought in securing the profits of that work to supmen, that in the year 1845, the Rev. Mr. Judson a degree that may challenge the admiration of all port the children of the deceased missionary, that was an experienced and somewhat aged missionary

men. She was not the mother of these children, there may have been, in some little degree, a sacriengaged in disseminating the Gospel in foreign

and had not that natural tie which might bind her, fice of the interests of this institution, and that the lands, among semi-barbarous nations, under the one might say, even in spite of herself, to cling to profits ought to have gone into the coffers of some patronage, direction, and advice of the head insti- their fortunes; but she possessed that lofty, no- one of those institutions intended for the spread of tations of his particular form of belief. He was a bly honorable and pure principle that has nothing the Gospel. I will not debate that question, alveterau in the service. He was a widower with six to support it in the mere common animal instincts though there are two sides to it; but I think it does children. On his return to his own country in that which serve some people in lieu of the more lofty not follow that money which might be employed in year, received by those who loved and admired him virtues. On her return to this country, what was

hiring and paying the expenses of new missionawith open arms, and with honor and applause, he ber condition? She had this little gift which had ries, or in employing printers to disseminate their found a very eminent and distinguished lady, also been made to her abroad, and taking into consi- works, I think it does not follow that the money belonging to his persuasion, single, and suitable deration the allowance made for very young chil- which might thus be applied, is misapplied if it be therefore, of course, to form a union with himself,

dren, under sixteen, I think, and the widows of given to sustain from distress, wretchedness, and and to be a mother to his motherless children-a deceased missionaries, by one of the Baptist institu- pauperism the dying widow, the aged father and lady who was distinguished for what I may call tations, and the little savings that she had accumu- mother-in-law, and the young and delicato orphan worldly accomplishments, as well as for her chris-lated by the labors of her literary life

, previous to life to the servico. It has been thought, and this

children of the missionary who has devoted his tian and spiritual character. She was an accom

her becoming the wife of Mr. Judson, she had an relates merely to worldly wisdom, not an unwise plished writer, an accomplished woman in

income which my learned friend has been very on- distribution of public money, that those who die in every

willing to allow me to call $1,000 a year, but insisting sense. Her life had been devoted to the prepara- that I should call $1,100. She had an income amount the public service should have some slight allowtion and publication of works partaking in some degree of a worldly character ; works of fiction ap- ing to $1,100 a year; that is to say, this woman, with ance made to their widows and children, by way of proaching the character of novels; but they were

a broken constitution,dying of consumption, had an pensions, out of the public treasury, in order that novels of a peculiar class, devoted to peculiar de estate which, taken altogether, was capable of the surviving confréres of those men who go forth signs different than those works generally are. She yielding to her $1,100 a year. She had charged gallantly to battle against the common enemy, and wrote with a view of making morality and religion upon her the duty of supporting-having volun- fall in the struggle, may know that their widows captivating and beautiful, and represented, as Milton tarily taken npon horself that doty—the orphan and children, should they fall

, will not be forgothas done, the same matter that is to be found in the children of the deceased missionary, six in number. ten; and I do not believe that God's treasury is Divine Gospel in a form more captivating, perhaps, She had a second duty, charged upon her by nature robbed when the money is applied to support one

of those. Jesus has said: "Suffer these little to some who needed to be ministered unto, than and nature's God--the duty of supporting her own in the Gospel itself. She therefore was a person,

father and mother; and she was thus the sole ones to come unto me, for of these is the kingdom in every possible view of the case, most admirably stay and the sole support of a family. There is of God." Gentlemen, I will not dwell further upsuited to become a companion of this worthy and one person further whom she had the charge of, on that. I have only adverted to it for the purpose distinguished servant of the Lord in the spread of and who is not.precisely specified in proof. But of showing what a halo of sanctity seems to rest

around the brow of this departed angel. Why, the Gospel. She appears to have been worthy in she had charged upon her, according to the testievery sense, to become his assistant and companion; mony, including herself

, ten persons : six children, Gentlemen, what did she do?—and they have seen

fit to prove that—what did she do when the shafor, at the time of forming her union witlt him, she ber father and mother, and, I think, a sister. was living in the land of her nativity, surrounded

dow of death was closing around her, and she was

Well, Gentlemen, we see that she proceeded to about to be called from this world, no longer to be with friends and admirers, and enjoying sufficient her little home, on her own little estate, in the vil-I the administratrix of this little fund? Why she


« PreviousContinue »