VALUABLE WORKS

PUBLISHED BY

GOULD & LINCOLN, BOSTON,

No. 59 WASHINGTON STREET.

YEAR BOOK OF FACTS FOR 1855.

JUST PUBLISHED:

The Annual of Scientific Discovery;

or, Year-Book of Facts in Science and Art.

Exhibiting the most important Discoveries and Improvements in Mechanics, Useful Arts, Natural Philosophy, Chemistry, Astronomy, Meteorology, Zoology, Botany, Mineralogy, Geology, Geography, Antiquities, etc.; together with a list of recent Scientific Publications, a classified list of Patents, Obituaries of eminent Scientific Men, an Index of Important Papers in Scientific Journals, Reports, etc. Edited by DAVID A WELLS, A. M. With an elegant likeness of Lieut. M. F. Maury, U. S. N. Price, $1 25 The vols, for 1850, 51, 52, 53, 54, can be supplied, uniform with this new issue.

0:

THE SCHOOL OF CHRIST;

Or, Christianity Viewed in its Leading Aspects.

BY REV. A. L. R. FOOTE

A HISTORICAL DOCUMENT OF GREAT INTEREST.

THE LANDING AT CAPE ANNE;

Or, THE CHARTER OF THE FIRST PERMANENT COLONY ON THE
TERRITORY OF THE MASSACHUSETTS COMPANY.
Now Discovered and First Published from the Original Manuscript, with
an Inquiry into its Authority, and a History of the Colony,
1624-1628. Roger Conant, Governor.

BY JOHN WINGATE THORNTON.
Price $150.

This volume proves that Massachusetts begins her history, not at Salem, nor under the patronage of the organization which obtained the Charter of March, Anno 1627-8, but in the spring of the year 1624, at CAPE ANNE, where the Colony was established under the authority of This Her First Charter, the very initial of her annals-now first presented to the public.

The North American Review says of the work

"This monograph relates to a portion of the history of Massachusetts which has hitherto been somewhat obscure, and especially commemorates the worth and distinguished services of Roger Conant, whose name ought to lead the list of the Governors of Massachusetts. * We rejoice that justice, though late, has been done to the venerable man who, as founder and savior of the infant colony, may proffer a double title to a place among the fathers of our commonwealth. The whole work does credit to Mr. Thornton's zeal as an antiquary, and credit as an historian." —0—

CONTENTS:-Christianity a Life-A Work-A Reward-A Culture-A Discipline Gould & Lincoln have in press and will shortly publish,

A Fellowship.

THE MISSION OF THE COMFORTER.

With copious Notes. By JULIUS CHARLES HARE. Notes translated for the American edition. 12mo. Cloth, $1 25.

"We hardly remember any treatise which is so well calculated to be useful in general circulation among ministers, and the more educated laity, than this, which is rich in spirituality, strong and sound in theology, comprehensive in thought, vigorous and beautiful in imagination, and affluent in learning."-Congregationalist.

"We have seldom read a book with greater interest.”—N. Y. Evangelist.

"The volume is one of rare value, and will be welcomed as an eloquent and Scriptural exposition of some of the fundamental doctrines of our faith."-New York Recorder.

SCIENTIFIC CERTAINTIES OF PLANETARY LIFE; Or, NEPTUNE'S LIGHT AS GREAT AS OURS. With various other hitherto unconsidered facts connected with the residence of moral agents in the worlds that surround the stars. By T. C. SIMON, author of "The Mission and Martyrdom of St. Peter," "The Nature and Elements of the external World," &c., &c.

LITERARY PAPERS.

By the late Prof. EDWARD FORBES, F. R. S. Selected from his writings in the "Literary
Gazette."

VISITS TO EUROPEAN CELEBRITIES.
By the Rev. WM. B. SPRAGUE, D. D.

THE TEACHER'S LAST LESSON.

A Memoir of Martha Whiting, late of the Charlestown Female Seminary.

SACRED LATIN POETRY.

With Notes and Introduction by RICHARD CHENEVIX TRENCHI, M. A. Revised, with important additions, by the American editor.

THE RELIGIONS OF THE WORLD, AND THEIR RELA- Chiefly logical, selected and arranged for use.
TIONS TO CHRISTIANITY.

BY FREDERICK DENISON MAURICE, A. M., Professor of Divinity in King's College, Lon-
don. 16mo. Cloth, 60 cents.

"The effort we deem masterly, and, in any event, must prove highly interesting by the comparisons which it institutes with the false and the true. His investigations into the Hindoo and Buddhist mythologies will itself repay the reader's trouble.”—Meth. Quar.

Also, by the same author

EXPOSITION OF THE SERMON ON THE MOUNT.
Drawn from the writings of St. Augustine, with Observations.

With

THE FOOTPRINTS OF THE CREATOR; or, the Asterolepis of Stromness.
numerous illustrations. By HUGH MILLER, With a Memoir of the Author, by Louis
AGASSIZ. 12mo. Cloth, $1.

THE OLD RED SANDSTONE; or, New Walks in an Old Field. By HUGH MILLER.
Illustrated with Plates and Geological Sections. 12mo. Cloth, $1.

MY FIRST IMPRESSIONS OF ENGLAND AND ITS PEOPLE. By HUGH MIL-
LER. With a fine likeness of the author. 12mo. Cloth, $1.

MY SCHOOLS AND SCHOOLMASTERS; or, the Story of My Education. By HUGH
MILLER. 12mo. Cloth, $1.
This is a personal narrative of a deeply interesting and instructive character, concern-
ing one of the most remarkable men of the age. No one who purchases this book will
have occasion to regret it.

THE TWO RECORDS: the Mosaic and the Geological. A Lecture delivered before the
Young Men's Christian Association, in Exeter Hall, London. By Hucn MILLER,
16mo. Cloth, 25 cents.

GODWIN & CO., PRINTERS, CORNER NASSAU AND SPRUCE STREETS, N. Y,

X.

WILL BE READY IN A FEW DAYS:

LADY BLESSINGTON'S MEMOIRS.

187 The Literary Life and Correspondence of the Countess of Blessington. Compiled and edited by R. MADDEN, Esq. With

Portrait. 2 vols. 12mo., muslin, $2.

This long-promised and anxiously looked-for work is at length published, and it may, with perfect truth, be affirmed 188 that during the last fifty years there has been no book of such peculiar interest to the literary and political world. It has 184 contributions from every person of literary reputation-Byron, Sir E. Bulwer (who contributes an original poem). James, 140 D'Israeli, Marryat, Savage, Landor, Campbell, L. E. L., the Smiths, Shelley, Jenkyn, Sir W. Gell, Jekyll, &c, &c.; as well as letters from the most eminent statesmen and foreigners of distinction-the Duke of Wellington, Marquis Wellǝsley, Marquis Douro, Lords Lyndhurst, Brougham, Durham, Abinger, &c., &c.

THIS Literary Journal is now the acknowledged and most direct medium of intercommunication between the Book Trade, the Public and Private Libraries, the Learned Societies, Educational Institutions, and the Literary men of our Country. For four years it has maintained its character as an impartial guide both to the Purchaser and Seller of Books, in furnishing a careful transcript and digest of current Literary information; an accurate List of New Publications in America, England, France, and Germany; discriminating Notes and Criticisms on all new Books received for notice; a condensed Register of the Proceedings of the different Scientific and Learned Societies throughout the land; a record of valuable Educational Statistics and Facts; American and Foreign Correspondence; and useful notes on the history, progress, and growth of Libraries in different parts of the country. There has also recently been added, a department devoted to the discussion of curious and interesting points connected with Bibliography and general Literature, under the head of "Notes and Queries."

The extended circulation of this Journal among the Trade and Literary Men, and the marked favor with which it is regarded, are sufficient evidence of its increasing usefulness. Files of it are retained and bound for reference, by most of the Literary Institutions.

The accompanying Testimonials are extracts from the Letters of distinguished literary men and from recent notices of the Press.

FROM HON. ROBT. C. WINTHROP.

"Boston, December 9th, 1854. "I take pleasure in bearing testimony to the interest and value of your GAZETTE as a Literary Journal, and I sincerely hope that it may meet with the patronage it so well merits."

FROM HON. W. H. PRESCOTT.

"Boston, December 12, 1854. "I am happy to bear my testimony to its merits-to the variety of its literary intelligence, the tolerant tone of its criticisms, and the amount which it contains of bibliographical information, so serviceable in this book-buying age."

FROM DR. T. ROMEYN BECK.

"New York State Library, Albany, Dec. 11, 1854. "I have been in the babit of reading and consulting NORTON'S LITERARY GAZETTE' since its commencement, and consider it a valuable miscellany, and most useful to those who are engaged in the formation of libraries."

FROM FRANCIS LIEBER, LL. D., Professor in South Carolina College, Columbia. "THE LITERARY GAZETTE has been of much service to me, in giving me information of the literary activity of the time, and I have good reason to think well of the industry of its conductors and the whole execution of the paper. It deserves, in my opinion, that acceptance at the hands of the public which will enable Mr. Norton to enlarge and improve it from year to year."

FROM REV. WM. GAMMELL,
Professor of History in Brown University.

"Providence, Dec. 16, 1854. "I have long been in the habit of referring to the GAZETTE, especially for its bibliographical information, which is unusually full and accurate. I regard the GAZETTE as the most useful aid with which I am acquainted, in the purchase of Books for public libraries. I think it particularly worthy the encouragement and support of those who are charged with the superintendence of such institutions. To all such it makes itself indispensable as a guide to the current literature of the time, and to the books which the market offers for sale."

FROM JOHN A. PORTER,
Professor in Yale College.

"New Haven, December 16th, 1854. "I regard your LITERARY GAZETTE, with its complete lists of American and Foreign publications and condensed critical notes, as invaluable to every one who would keep up with the literature and science of the day. No publication of the time is more eminently worthy of the support of scholars."

FROM EPES SARGENT,

Editor of "British Poets," &c., &c.

"Boston, December 16th, 1854.

As a

"I take great pleasure in bearing my testimony to the great value to literary men, to publishers, and to the reading community generally, of your LITERARY GAZETTE.' faithful chronicle of all the literary issues of the day, and a reporter of all literary intelligence, it is far before any similar work with which I am acquainted, either English or American. I trust that it will continue to be liberally sustained, for it is an enterprise which it would be a national loss to have languish."

FROM PROF. CHARLES D. CLEVELAND,
Author of "Compendium of English Literature."

"I have taken your LITERARY GAZETTE' from its commencement, and know not how I could now do without it. For its just and discriminating remarks upon books; its lists of new and forthcoming publications, and varied literary intelligence, know of no publication in our country that can compare with it. Indeed, it fills a space which no other periodical, to my knowledge, attempts to fill.”

FROM LLOYD P. SMITH,
Librarian Philadelphia Lib. Co.

"Philadelphia, Dec. 18, 1854. "It gives me pleasure to bear testimony to the value of 'NORTON'S LITERARY GAZETTE, more especially as a vehicle of communication between publishers and purchasers. It is invaluable to librarians as the only journal containing full and detailed lists of new books published in America, as well as in England, France, Germany, &c. Without it, the collector is liable to overlook the appearance of books desirable for his shelves, but which, from the remoteness of the place of issue, or other causes, do not otherwise come under his eye. In a word, I find it indispensable in keeping up with the literature of the day." FROM JONATHAN PEARSON, Librarian Union College.

"Schenectady, Feb. 16, 1855. "It is hardly necessary for me to commend the manner, matter, or spirit of the 'LITERARY GAZETTE. It has improved wonderfully since the first year, and is the best American publication of the kind we have ever had."

Opinions of the Press.

"While mentioning the publications of Mr. Norton, we desire again to commmend his elegant and valuable journal, the LITERARY GAZETTE. To literary men and readers in general it is a most convenient paper, exhibiting proofs of great labor in its preparation, and offering in the course of a year a wonderful amount of bibliographical information." -Christian Examiner, Jan, 1855.

"This journal has now reached its fifth volume, with a constantly increasing subscription list. For accurate and comprehensive bibliographical information, it stands without a rival; its lists comprising, besides all the publications of our own country, carefully prepared notes upon the most important publications of England, France, Germany, Holland, etc. The literary notices are remarkable for their candor and judiciousness; and it is evident that no pains have been spared to secure, in the compilation of them, the mature opinions of qualified judges. For our own part, we regard the success of this invaluable journal as a subject of general congratulation to men of letters."-N. Y. Quarterly, Jan. 1855.

NORTON'S Literary GazeTTE' has entered upon the new year with undiminished energy, as a recorder of what is passing in the world of Literature, Science, and Art, together with a fund of Library information which we look for in vain in any other periodical"-N. Y. Churchman, Jan. 1855.

"Having enjoyed its semi-monthly visits during the past year, we can confidently speak of it in the highest terms. It is conducted with great ability and skill, displaying matters of our own and other countries, can do better than pay $2 annually for this work." superior energy and a fine taste; and no one desiring to be kept posted up in the literary "It is a publication to which we desire to call attention for its remarkable typographical beauty, and the fullness of its information concerning the book trade, with numerous literary notices, abundance of advertisements from city booksellers and publishers, copious catalogues of foreign works, and accounts of periodicals; it furnishes an ample guide to all interested in the subjects to which it is exclusively devoted."”—Christian Register. "Mr. Norton's Magazine, so far, has occupied a ground not appropriated by any other American publication; nor do the English journals which most resemble it-the Athenæum and the Spectator-in our opinion, equal it in the fullness and variety of its literary information."-Ñ. Y. Evening Post.

"The GAZETTE furnishes more information respecting books than any other publication. To publishers, booksellers, librarians, officers of lyceums, private book-buyers, and booklovers, the LITERARY GAZETTE' is full of interest and an important guide."-Home Jour. "This is a compendious and elegantly printed work, presenting far the most satisfactory and methodical summary of the literary intelligence of the day, American and foreign, of any work with which we are acquainted."-Cambridge Chronicle.

"Of course, all publishers, authors, teachers, and general readers, will consult its pages as a chart of what has been, and is about to be, done in literature, the sciences, schools, libraries, and colleges."-Boston Daily Transcript.

"This publication is the only exclusively literary paper issued in the United States."Saturday Gazette.

"It abounds in racy, well-written notices of books, magazines, &c., &c., besides being a very useful advertising medium."-Hartford Union.

CHARLES B. NORTON,

Publisher, Importer, and Agent for Libraries,

Mercantile Library Buildings, Astor Place, New York.

Norton's Literary Gazette.manity, the dictates of justice, and the rules

NEW YORK, MARCH 15, 1855.

EUROPEAN AGENTS.

TRUBNER & Co.,

A. ASHER & Co.,

F. MULLER,

HECTOR BOSSANGE,

London.
Berlin.

Paris.

it will observe the general character of this journal, the

107

"In reply to your inquiries, I have to state that I have no reason to believe that materials of any value exist for a life

of Dr. Judson, which I have not seen; and, moreover, that that portion of the materials for a memoir, which has not appeared in the public journals, can have been accessible to no person except myself. No one of the family of Dr. Judson has ever been consulted on the subject of this publication, and neither Mrs. Judson nor her friends have been informed of the name of the author. Under these circumstances I think that such an undertaking can be viewed in no other light, by honorable men, than as an attempt to de

It is upon this article that the action of Mr. Fletcher was founded. The case came on for trial, on the 27th of February, in the Superior Court, before Chief-Justice Oakley and a jury. Messrs. R. F. Andrews and A. J. Willard appeared for the plaintiff, and Messrs. F. N. Bangs and Charles O'Conor for the defendant. trial of the case occupied several days.

of law, to be shaken by any efforts that Mr. Fletcher may hereafter make. Yet we have received an intimation from him that he intends If so, making application for a new trial! we know not what will serve to satisfy him? He discussed his "rights" and his "duties" through the newspapers;-they almost unanAmsterdam. imously condemned him. He talked with his prive the widow of Dr. Judson, upon whom two helpless friends; they discouraged him. He adver- families are dependent, of the means of daily sustenance." We give prominence to the above, because we do not tised and bepraised his book;-who is there think any one would willingly act in an unjust manner tothat will be willing to acknowledge that hewards the widow and fatherless. he went to As a desire has been very generally expressed to see has purchased the work? a full report of the testimony presented upon the Judson trial, an unusually large edition of this number has been law,-chose his own forum, and his own published. This is sent to many who are not regular sub-point of attack, summoned an array of learned scribers to the Gazette, with the hope that those receiving and titled divines as his witnesses; argued, influence which it is exerting, and the facilities that it pos- denounced, implored, invented, and a jury of sesses for informing them of whatever transpires in the his countrymen, fairly chosen, tell the Court and the community, through a spokesman who is or was a member of his own church and congregation, that-need we amplify their verdict? Where does he wish to go? From what class of men would he select his judges? Mr. R. F. Andrews opened for the plaintiff. He Perhaps there is one country where he might said that the libel published was one of a very seonce have found a tribunal to answer his pur-rious character. pose; a jury of Hindoos, composed of men editor, and proprietor of a magazine called Norton's whose widows are to be sacrificed by fire when their husbands die, under pretence of honoring the memory and appeasing the shades of the departed. We doubt whether men or women in any other land, however, could be found to reverse the decision of the gentlemen who acquitted us.

literary world.

The Great Libel Suit.

FLETCHER vs. NORTON.

Rather more than a year ago the properprietor of this paper received a somewhat emptory summons from a brother-publisher of this city, to present himself before a Court of Justice, and respond to sundry grave complaints made against us and our journal. He complied, for comply he must,--and last week we had the distinction of making our first appearance, in any character, in Court. To-day we have the pleasure of presenting a faithful report of what was said and done on the occasion. We trust the result will satisfy our readers as well as it did ourselves. We left the Court Room as we had entered it, unharmed in purse, and, we believe, unhurt in character. We leave it to our readers to determine whether we can say as much of our adversary.

We are not aware that it is necessary to add any thing to what was said for us on the trial-and said not for us only, but for the cause of justice and literature-by the eloquent advocate who plead our cause. emphatic than any thing we could say-more emphatic even than any thing else that was said,-was the brief verdict of the twelve

More

We observe that some of our cotemporaries advert to the result of this suit as settling some legal principle about abridgments. We believe no legal question of this nature came up. The point submitted to the jury was whether they considered Dr. Wayland's remark too severe under the circumstances. They returned their answer in the shape of a

verdict for the defendant.

SUPERIOR COURT.

Trial Term. Feb. 27 and 28, and March 1 and 2.
BEFORE HONORABLE CHIEF JUSTICE OAKLEY.
Edward H. Fletcher against Charles B. Nor
ton. This was an action against the proprietor
of this journal, to recover damages for the pub-
lication of an alleged libel. Mr. Edward H.

Judson.

WAYLAND'S LIFE OF JUDSON.

“honorable men," who, after a delay no Fletcher, a book publisher of this city, announced
longer than was necessary to give their judgin the fall of 1853, a life of the celebrated Dr.
On the 15th of December, 1853, we
ment a legal form, recorded their view of the
transaction which Mr. Fletcher was ill-advised published in this journal the following article:
enough to make a subject of discussion.
Would that the lamented lady, whose pen,
In the last number of this paper we called attention to
even from her death-bed, contributed so pow- the above work, commending it to all such as would be in-
erfully to the result, could have lived to wit-terested in the faithfully drawn portrait of a most noble
ness it, and to thank, in her own way, those man and devoted missionary. Having since learned that
twelve men for that manly vindication of her another memoir of Dr. Judson was announced for speedy
publication, we wrote to Rev. Dr. Wayland, requesting him
rights! That verdict, carefully deliberated, to inform us whether this forthcoming volume was author-
though promptly rendered, truly represents, ized by Dr. Judson's family, and whether any papers were
likely to exist other than those already made use of. From
we believe, the sense of the community, and President Wayland's answer we take the liberty of extract-
is too firmly supported by the instincts of hu-ing as follows:

FIRST DAY.-FEB. 27.

The

The defendant was publisher,

Literary Gazette, a paper which circulated extensively among booksellers and literary men. Its injure the plaintiff, by leading the trade not to purcirculation was of such a nature as particularly to chase the work. Nor was this article within the proper sphere of this Journal. The plan and purliterary productions. Now this article was not, pose of Norton's Literary Gazette was to criticise properly speaking, a criticism, for it was published prior to the appearance of the book. The counsel read the article, which we have given above, and then proceeded as follows:

This is, to be sure, the language of another, but the Court will tell you, gentlemen, that the defendant, in putting it in his paper, made it his own. He procured it to be written, he printed it, he published it in his journal, and scattered it, broadcast, over the land. He is responsible for the injuries which it may have occasioned. Whether it be true or whether it be false-and we most emphatically deny that it is true-in this free country the life of a public man is a public subject. It is absurd to allow but one person to write a biography of such a man as Dr. Judson. Who would say that but one life of Daniel Webster could be written? Who would pretend that a second life of General Scott would be wrong or out of place? It is equally absurd to confine the life of Dr. Judson to a single biographer.

The defence made adds aggravation to the case.

Mr. Norton refuses to retract, he makes no apology, he offers no explanation. He comes forward, al

leges that the charge is true, and takes it upon himself to establish its truth.

Of Mr. Judson I need say nothing. His distinguished character and eminent services cannot be unknown to you. He was a pioneer in the field of missionary enterprise. He went to Burmah in 1812 to spread the Gospel. His experience is of a very interesting character. He bore trials, and suffered persecutions, such as no one, perhaps, ever suffered before. The persecutions which he suffered from the Government excited for him the sympathy of the entire christian community in this country.

In 1845, he returned to this country, a widower. He was enthusiastically received, not only by his

christian brethren, but by the whole community. While here, he became acquainted with a Miss Emily Chubbuck, who was then well known in literary circles by the name of "Fanny Forrester." They were married in June, 1846. The marriage occasioned considerable excitement at the time, owing to the difference in their ages. Shortly afterwards they sailed for Burmah, where, after spending about five years, Mr. Judson died. Mrs. Judson then returned to this country, and took up her residence in Hamilton, and was residing there when the book was published. The fact that she witnessed the dying hours of Dr. Judson excited a peculiar interest in the community towards her. The article appearing in Norton's Literary Gazette, coming out at just such a time, was calculated to bring the plaintiff and the life of Dr. Judson, which he was about to publish, into contempt. I may state, gentlemen, that it is not necessary for us to prove actual malice on part of the defendant. The law will presume malice from the publication of the article. We have suffered deeply; not only in the injury which has been done to us pecuniarily, but also in that which such an imputation casts upon the reputation.

Mr. Willard then read the article as given above; the publication of which was admitted by the defendants, and then called

Hiram Dayton.—I reside in the city of New York; am acquainted with Mr. Fletcher; was his clerk in 1853. I know of the announcement of the publication referred to; the book was announced through the daily papers. It was announced within a week of the first of November, 1853.

A copy of the announcement was produced, identified by the witness, and read in evidence, as fol

lows:

He could not have done better if he had spoken for friends, than that here was a field (in the language of
the defendant.
the witness) which would yield a harvest, namely,
the publication of a life of her husband. It was only
nccessary to bring out a memoir of the life of Dr.
Judson, and there was a fair prospect of procuring
for the widow and her children a subsistence. Ac-
cordingly, arrangements were made, and Dr. Way-
land-an old friend and intimate acquaintance-
agreed to give his services in the preparation of
the book, without any consideration or remunera-
tion, and give the copyright to the widow.

You will remember that he said, "It will appear that this libel was published in regard to this book, prior to its appearance, and therefore, cannot be considered a criticism." Now, when we lay down some truth, it is usual to bring forward proof or evidence in support of such truth. And what proof has been brought forward by him? What has he produced to support his position?

The fact is undeniable that Mr. Fletcher published this book, the effect of which was to deprive the widow and the orphan of their daily bread. Can you imagine any thing better calculated to rouse in every generous, honorable person, a deep and lasting aversion towards the author of such an act. If a man will so conduct himself that when an editor merely tells the truth about him; merely lays the plain, unembellished facts before the public, the statement of those facts is considered libellous by him; should the editor be brought-up before a tribunal on such a charge as this? It may have been so in some times and at some places, but not here. In England it was once held, that "the greater the truth, the greater the libel," but such is not the law of this State. The law laid down by Hamilton, by Erskine, and by our Hamilton of the revolution, and re-affirmed in the Constitution of 1846, is that the truth! truth!! TRUTH!!! spoken with good motives and justifiable ends, is not a libel.

Now, I can not only prove that my client spoke the truth, but I can also prove that it was spoken with good motives. It is not always enough that the truth is spoken, it should be spoken with a good intent. Generally speaking, in all matters in "Burmah's Great Missionary, or Records of the Life, Char-which publishers have an interest, or ought to take acter, and Achievements of Adoniram Judson. Elegantly illustrated with fine steel engravings, and a map showing at a glance the field of Judson's labors, with his voyages and

travels, in one handsome duodecimo volume, price one dollar.

"In the preparation of this work, information has been taken from every available source. Instead of long laborsaving quotations usual in extended biographies, the jour

nals and correspondence of Judson have been examined with minute care, and every thing of permanent interest incorporated in the narrative. The volume presents ac

counts of the Burman missions, from time to time, in a readily accessible form, without rendering it burdensome

an interest in respect to these, the truth will be
presumed by the Court, to be spoken with good
motives and justifiable ends.

Having made these general remarks on the law
of libel, I now proceed to explain the facts of this

case.

This work was just published when this so-called libel was committed. It was at this time that the publication was called out, for it was at this time Mr. Fletcher aspired to be, what the publishers call, a "piratical interloper."

Now, gentlemen, we say, and stand ready to prove, that what Mr. Norton published was true, and was published with good intentions. There are other things besides the law of the land, which we ought to consider. I have no right, unless I get a copyright, to my own publication, and if I get a copyright, some one may write another book, very similar, very similar indeed, and publish it, without my being able to obtain redress. There has therefore been a sort of code of morals which comes in place of a copyright, to protect the owner or first possessor, from injury, and it is considered a mean thing, for any one to skip in and get the start of him. It is termed piracy. It is not confined to the book business, but it is so in every occupation. If a man has undertaken a piece of work, it is contemptible for another, who has not the power of mind to originate for himself, to step in, and bear off the trophy.

In this case, after the publication of Dr. Wayland's edition, Mr. Fletcher says that he is going to issue an abridgment, which, being cheaper, would interfere very much with the original book.

It was a mean thing, and any one has a right to say that it was a mean thing. Only just as honest as the law forces! This is a poor state of morals. Some persons seem to say, "I am living so that no

I fully agree with my learned friend in his state-one can recover damages against me, or send me ment concerning the character of Dr. Judson, and to prison," and feel well satisfied with themselves. in regard to his exertions and zeal in the spread of Well, all I say is, may the Lord pity the neighbors the Gospel. He spent forty years in a foreign land, who live near such a man. How will he be able to subjected to all the trials and vicissitudes conse- render account at the great day of judgment? with statistical tables. The progress of translation is accu-quent upon a missionary life, and vigorously ap- How will he answer before that mighty tribunal? It has been said that the widow is not dependent rately noted, in a manner which, while affording a narrative plied himself to this arduous work. He died reof the every day labors of the great translator, avoids un-cently. His last years were soothed and comforted on this publication. It is true she had a little esnecessary sameness. A faithful exhibition of his views on by the care and attention of Mrs. Emily C. Judson, tate, perhaps five or six hundred dollars a year, the controversy concerning faithful versions, which in great lady of high literary attainments and social virtues. and this was for a lady in feeble health-indeed, measure sprung from his labors in translations, is given, as She did not enter into matrimony for the sake of on her death-bed, for she has died since the comalso his views on other grave questions relating to missions, ease or indolence, but went with him as a compan-mencement of this action. We appeal to you to In fine, every thing which tends to delineate the ion, to share his troubles and his cares. She was say if she was so wealthy that she could afford to abundant labors of Judson in the cause of evangelization, with him at his death, and comforted his last hours have this abridgment published.

&c.

will be found in such form, that it is hoped that the work will greatly aid to give his name the 'everlasting remembrance' promised to the righteous."

The witness then proceeded:

a

One other observation. It is suggested that Mr. in that distant land, by her untiring affection; and Fletcher should have had some previous notice, returned to this country when her assistance was no longer required there. She enlists the sym-some private remonstrance, and not thus suddenly The name of the work was Burmah's Great Missionary:pathy of not only her christian friends, but of the have called Mr. Fletcher before the public. Now, chivalrous and honorable infidel. I say, of the gentlemen, Mrs. Judson, from her death-bed, wrote it was published about the middle of March, 1854; the pre- chivalrous infidel, and, indeed, of every one who to Mr. Fletcher a most touching letter, adjuring him, in the most solemn terms, to abstain from publishing his work. To this letter he replied with the same argument which has been used here today, that Mr. Judson's name was a public name; as though this was any reason for making it the subject of private plunder.

parations for its sale were very extensive; agencies were established in different fields; I should say there were

some two hundred agents employed in all, at different

times.

The plaintiff here rested.

Mr. O'Conor then opened the case for the defence, as follows:

Gentlemen of the Jury-On being consulted in relation to this case, I was struck with astonishment that any person should be willing, as plaintiff, to bring such a case into Court, and my astonishment has been heightened while listening to the opening of the learned counsel for the plaintiff. He took the words even out of my own mouth.

can be called a man. She came home charged with
the care of a large family, in fact, of two families,
for she had with her the children of Mr. Judson's
former wife, as well as her own.

Mr. O'Conor then proceeded to read the follow

Her husband was a public man. This we do not
deny. He was an honor to his religion, his family,
and his country. He was an example to others,
and no better thing could be done for the youth of ing depositions.
the country, than the publication of his memoir.
As he had no estate to leave to his family-a poor mis-
sionary cannot leave a great legacy, and Mr. Judson
had no fortune to bequeath to his widow-nothing
more quickly presented itself to the minds of her

DEPOSITION OF DR. WAYLAND.

My name is Francis Wayland; age fifty-eight years; occupation, teacher; reside in Providence, R. I.; I do not know Mr. Fletcher; have seen him; Mr. Norton I have known two or three years.