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Richmond, Henrico County, Virginia
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In New York Supreme Court, Morgan Lewis sued Col. Few for libel over a political address at a public meeting. After testimony, motions for nonsuit and demurrer were filed. The jury deliberated overnight but deadlocked, leading to their discharge on Dec. 13.
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MORGAN LEWIS vs. COL. FEW.
On Saturday morning last was brought on at a sitting of the Supreme Court for the City of New York before Mr. Justice Thompson, the important cause of Morgan Lewis vs. Col. Few
Col. Few had two years since presided at a public meeting held at Marling's, at which an address was passed which gave Mr. Lewis (as he believes) his political quietus; and for the alleged libel, contained in the address, this action was brought. Messrs. Colden, Griffin, and Slosson, appeared in court, with Mr. Lewis, as his counsel. On the part of Col. Few, Messrs. Emmet, Riker, Sampson and Van Wyck were concerned
After the testimony on the part of the plaintiff was closed, the defendants counsel moved for a nonsuit, on the ground that an elector has an undoubted right to state publicly, and without responsibility, to his fellow electors, whatever he honestly believes of a candidate for a public office.—The nonsuit was refused; in consequence of which, the defendant's counsel put in what is technically termed, demurrer to evidence, which reserves the determination of the above principle, for the judges of the supreme court, assembled in term
It being agreed that the jury panelled should assess contingent damages in the cause, the defendant's counsel offered to prove the truth of the allegations contained in the address, but this was overruled. The jury after being addressed by Messrs. Sampson, Emmet, Griffin and Colden, and after receiving the charge of the Judge, retired to the jury room at about 9 o'clock last evening, when the court adjourned. The jury remained together until about half past two this morning, when fatigued and weary, and anxious to return to their families they agreed to sign a paper awarding the plaintiff a trifling sum in damages. This morning at ten they came into court, and some of them refusing to abide by their former decision, they informed the Judge that there was no expectation or probability of their ever coming to an agreement. The Judge under these circumstances ordered them to be discharged.
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Location
City Of New York, Supreme Court
Event Date
Dec. 13
Story Details
Morgan Lewis brought a libel action against Col. Few for an address passed at a public meeting two years prior that harmed his political career. The case was heard before Mr. Justice Thompson. After plaintiff's testimony, defense moved for nonsuit on grounds of electoral free speech, which was denied, followed by a demurrer to evidence. Defense offer to prove truth was overruled. Jury deliberated overnight, initially agreed on minor damages but later deadlocked and was discharged.