whig party. It was in that dark season that confidence of men whom he abandoned and viliMr. White determined to desert his own fellow-fied in the darkest hour of their existence. His citizens, and to join in the war which was mak- expulsion from office is no less demanded by his ing upon their liberties and interests. Being unpardonable conduct, than by justice to the then seeking office, he thought to recommend wounded feelings of an injured community. himself to the executive by getting up a me- "About the same time, June, 1840, with the morial here, which was to be used as a sanction persons under his influence, and as is believed or approval, on the part of our own citizens, at the request of an office-holder of great politiof the mad policy which had been adopted by cal rancor, Mr. White procured Dr. Duncan, their oppressors. He then joined with an as- then a member of Congress from Ohio, to desemblage of forty-eight persons in getting up a liver a speech here in abuse of General Harrison. memorial, which none but themselves could be The speech was, perhaps, the very vilest that induced to sign. The memorialists, with about was ever delivered by that gentleman. five exceptions, could not be identified by name 268*] or residence, as citizens of George town. Upon investigation, they proved to be apprentices and journeymen, holding a transient residence in the town. Being few in number, they were no doubt believed by Congress, and persons at a distance, to be a select body of experienced merchants and traders, who had some knowledge of the subject of their memorial. A copy of the memorial has been deposited with the Secretary of the Treasury. "It is, perhaps, one of the vilest calumnies ever issued by a band of thoughtless and irresponsible individuals, many of whom would have shrunk from such a proceeding had they the necessary intelligence to comprehend of its enormity. But not so with Mr. White. He knew the paper contained an unmitigated slander. He seemed to be willing to blacken the character of those of his fellow-citizens who had been intrusted with the charge of our banks, if that would only secure an appointment when all other methods had failed him for the preceding twelve years. "We revolt at the idea of Mr. White being permitted to remain in an office whose emoluments flow from the labor and enterprise of the very men whose business and families he sought to involve in ruin. "It is impossible that he can ever regain the ice should be left to the jury. Cooke v. Wildes, 5 El. & Bl., 329; 3 C. L. R., 1090; 1 Jur. (N. S.), 610. What are privileged. Palmer v. Concord, 48 Ń. H., 217; Elam v. Badger, 23 Ill., 498; Lester v. Thurmond, 51 Ga., 118; Mackay v. Ford, 5 Hurl. & Nor., 792; Hodgson v. Scarlett, 1 B. & A., 232; Flint v. Pike, 2 D. & R., 528; 4 B. & C., 473; Revis v. Smith, 36 Eng. Law & Eq., 268; 18 C. B., 126; Kennedy v. Hilliard, 10 Ir. C. L. R., 195; Henderson v. Broomhead, 4 H. & N., 569; 28 L. J. Exch., 360; Osborn v. Forshee, 22 Mich., 209; Smith v. Higgins, 82 Mass. (16 Gray), 251; Larkin v. Noonan, 19 Wis., 82; Dawkins v. Rokeby, L. R., 7 H. L., 744; 14 Eng., 127; Aff'g, L. R., 8 Q. B., 255; 5 Eng. R., 212; Lewis v. Levy, 1 Ellis, B. & E., 537; Davis v. Duncan, L. R., 9 C. P., 396; 23 W. R., 575; 43 L. J. C. P., 185; 30 L. T. (N. S.), 464. What are not privileged. York v. Johnson, 116 Mass., 482; O'Donaghue v. McGovern, 23 Wend., 26; Story v. Wallace, 60 Ill., 51; Cincinnati, &c., Co. v. Timberlake, 10 Ohio (N. S.), 548; Stanley v. Webb, 4 Sandf. (N. Y.), 21; Hunt v. Bennett, 19 N. Y. (5 Smith), 173; Saunders v. Baxter, 6 Heisk. (Tenn.), 369; Alpin v. Morton, 21 Ohio St., 536; Perkins v. Mitchell, 31 Barb., 461; Williamson v. Freer, L. R., 9 C. P., 393; 10 Eng. R., 225; 43 L. J. C. P., 161; 22 W. R., 878; 30 L. T. (N. S.), 332; Jackson v. Hopperton, 16 C. B. (N. S.), 829. What are privileged when required by one's own interest. Clapp v. Devlin, 35 N. Y. Supr. (3 J. & Sp.), 170; McDougall v. Claridge, 1 Campb., 266; Howard v. Thompson, 21 Wend., 319; P. W. & B. R. R. v. Quigley, 21 How., 202; Klinck v. Colby, 46 N. Y. (1 Sick.), 427; Harrison v. Bush, 32 Eng. Law & Eq., 173; 5 El. & Bl., 344; Whiteley v. Adams, 15 C. B. (N. S.), 392; Shipley T. Todhunter, 7 C. & P., "It was so satisfactory to Mr. White, who acted as vice-president on the occasion, that he immediately rose, and moved the doctor a vote of thanks, and a request that the speech be furnished for publication. The resolutions which were adopted unanimously on the occasion were nearly as calumnious as the speech itself. "We refer you to the Globe newspaper of the 3d July last, for an official account of the proceedings of the meeting. We will only trouble you with a few sentences, that you may have some idea of the character of those extraordinary proceedings. They denounced General Harrison as 'the nominee of the bank whig federalist, abolitionist and anti-masons,' 'an abolitionist of fraud and concealment,' as being guilty of pursuing a course 'grossly insulting to common sense, honesty, and decency, by shrouding himself in darkness,' 'of courting dangerous fanatics, and countenancing them (abolitionists) in their mad warfare upon our peace, our property, and our lives,' [*269 and 'that he should be treated as an abolitionist.' "Mr. White's was the place where the leading men of his party nightly assembled up to the close of the presidential election, and a respectable citizen declares that since Mr. White's appointment he circulated 'bushels' of the 'Globe.' He declines to give his formal evi 680; Lewis v. Chapman, 16 N. Y. (2 Smith), 369; Sunderlin v. Bradstreet, 46 N. Y. (1 Sick.), 188; Am. Rep., 322; Washburn v. Cooke, 3 Denio, 110; Lewis v. Chapman, 16 N. Y. (2 Smith), 369; Ormsby v. Douglass, 37 N. Y. (10 Tiff.), 477; Beardsley v. Tappen, 5 Batchf., 497. What are privileged when required by duty to public or individuals. Henwood v. Harrison, L. R., 7 C. P., 606; 3 Eng. R., 398; 41 L. J. C. P., 206; 26 L. T. (N. S.), 938; Wilson v. Fitch, 41 Cal., 363; Campbell v. Spottiswoode, 3 B. & S., 769; 3 F. & F., 421; Ryan v. Wood, 4 Id., 735; Cox v. Feeny, Id., 13; Hedley v. Barlow, Id., 224. What are privileged when in defense of self or interest. Toogood v. Spyring, 1 C. M. & R., 194; Somerville v. Hawkins, 10 C. B., 583; Moore v. Butler, 48 N. H., 161; Van Wyck v. Aspinwall, 17 N. Y. (3 Smith), 190; Laughton v. Bishop of Lodor and Man, L. R., 4 P. C., 495; Simmonds v. Dunne, 5 Ir. L. C. L., 358; O'Donaghue v. Hussey, 5 Ir. R. C. L., 124; Cooke v. Wildes, 5 El. & Bl., 329; 1 Jur. (N. S.), 610; 24 L. J. Q. B., 367; 3 C. L. R., 1090; Brow v. Hathaway, 13 Allen (Mass.), 239; Ormsby v. Douglass, 37 N. Y. (10 Tiff.), 477; Laughton v. Bishop, &c., 9 Moore's P. C. C. (N. S.), 318; 21 W. R., 204; 28 L T. (N. S.), 377. Mac What are privileged as literary criticisms. leaod v. Wakeley, 3 C. & P., 311; Carr v. Hood, 1 Camp., 355 n.; Morrison v. Belcher, 3 F. & F., 614; Frasher v. Berkeley, 7 C. & P., 621; Tabart v. Tipper, 1 Camp., 350; Strauss v. Francis, 4 F. & F., 939, 1107; 15 L. T. (N. S.), 674; Soane v. Knight, M. & M., 74; Thompson v. Shackell, M. & M., 187; Paris v. Levy, 9 C. B. (N. S.), 342; 3 L J. C. P., 1; 9 W. R., 71; S. C., 2 F. & F., 71 dence in the case, upon the ground that he, | White would not be able to identify their perbeing a near neigbor of Mr. W., he is unwilling to disturb the friendly personal relations existing between them. "Such was Mr. White's general political violence, and the unhesitancy with which he descended to the lowest means to secure the favor of the late administration, that no one doubted here but that he would be dismissed when the present party came into power, and no one can be more astonished than Mr. White is himself as his retention to the present time. "We will also take this opportunity to state that we desire Mr. H. Addison to be appointed to the office of collector in Mr. White's place, whose abundant testimonials and recommendations of our business citizens are already on file with the Secretary of the Treasury. "With great respect, your obedient servants. Chas. C. Fulton, E. M. Linthicum, sons or designate their residences. It is to be taken for granted that they were merely transient laborers, or persons so young as not then to have attracted the notice of our oldest and most observing citizens; some of them, indeed, were known to be small apprentices. So offensive and unpopular was the whole proceeding, that with the exception of, perhaps, two others (from whom our community would look for nothing better), Mr. White was the only respectable man of business who could be induced to put his name upon the paper. His own purpose could never have been detected, but for his appointment as collector, which so soon succeeded. Mr. White's experience in trade had taught him the indispensable necessity there was for banks in this District, and his intelligence and sense of justice were outraged by the declaration that our banks should be made to pay specie, when the banks of our neighboring States of Virginia and Maryland found it wholly impracticable so to do. He knew the gentlemen who had the management of our banks, directors as well as officers, and he knew they stood without reproach, and that it was wholly impossible that they could be influenced by the "P. S. It is further proper to state that Mr. Addison's recommendations, filed with Mr. Ew-low and disreputable designs which his me ing, are signed by every citizen in town, with a single exception, who have regular business to transact at the custom-house." morial so unscrupulously charged to them. It was a vile slander, put forth so as to evade the responsibility of a legal prosecution. We think he is the last man to hold an office the value of which depends upon the enterprise and integrity of the very men whose families and business special application. On some other day, which was not stated in the record, the following letter was addressed to the Secretary of the Treasury: "Hon. Thomas Ewing, Secretary of the Treas- were alike to be overwhelmed with ruin at his ury. "Sir: Earnestly requesting, as we now do, the immediate removal of Mr. Robt. White from the office of collector of this port, we feel it proper to state candidly our insuperable objections to his continuance in that office. "At a time when & remorseless and vindictive | majority in Congress were making a ruinous war upon all the business interests of the country, by destroying confidence in its banking institutions, and when that majority were pursuing a most persecuting and ruinous course towards the defenseless and unoffending people of this District, Mr. White, for the mere purpose of evidencing his unscrupulous zeal in be270*] half *of the late administration, and to secure its favor, did, under the most offensive circumstances, sign a violently abusive and insulting memorial to Congress, urging in the most decided manner the adoption of fatal measures toward the banks, by compelling them to continue specie payments, when all the institutions of Virginia and Maryland had suspended, and thereby to be compelled to pursue a destructive and burdensome policy towards their customers. "The object of the memorial was to place something in the hands of our enemies, in the shape of an approval of their course, which was a gross deception. "This offense becomes greatly aggravated, when it is known that Mr. White knew, so far as his acquaintance went with his co-signers, that they were too grossly ignorant of business and banking to be able to express any opinion upon such a subject. The other signers, with the exception of two or three, were so wholly unknown to our business community that Mr. 11 L. ed. U. S., Book 11. "His removal from an office thus obtained would be doubly gratifying to us, when we know his family does not need its emoluments for support. "It can be proved that at his store, in which the office of collector is kept, there were almost nightly assemblages of the principal party men who sustained the late administration, and particularly during the fall of 1840. "A highly respectable man has stated [*271 that, during the latter part of the late canvass, he saw Mr. White preparing immense numbers of the newspaper called the 'Washington Globe,' for circulation, but, being a neighbor of Mr. White, he is unwilling to appear as a witness against him. The language the gentleman used was, that 'he had seen bushels of the Globe so prepared since his appointment as collector.' "Under these circumstances, we would most respectfully ask you to dismiss Mr. White from the office, and that our fellow-townsman, Mr. Henry Addison, who has already been recommended by most of us, may be appointed to fill it. "Georgetown, June 19, 1841. "Sir: About a year ago, the Hon. A. Duncan, of Ohio, was invited, by a number of officeholders and others, to hold a political meeting in this town. "The meeting was held on the 26th June, 1840, and the proceedings were published in the Globe on or about the 3d July. "Mr. Robert White, our collector of customs, acted as one of the vice-presidents of the meeting, and who was so tickled and delighted with Duncan's vile calumnies upon Gen. Harrison, that he arose and made the motion that he (Duncan) would prepare the speech for publication. The address was said to be one of the vilest, and, if you desire it, a copy shall be presented for your perusal. The persons who moved the resolutions, and one of the secretaries, were clerks in the departments. "We now hand you a copy of two of the reso lutions, and an account of the proceedings, which we present separate, for your immediate and convenient notice, referring you at the same time to the very lengthy account to be found in the Globe of the date mentioned above. 'He "You will see that the copy now sent applies the following language to General Harrison: 'Nominee of the bank whigs, federalists, abolitionists, and anti-masons.' 'Fraud and concealment'-'grossly insulting common sense, decency and honesty, by shrouding himself in darkness'-'of courting dangerous fanatics, and 272*] *countenancing them in their mad warfare upon our peace, property, and lives.' should be treated as an abolitionist.' "This conduct of Mr. White, in connection with his signature being placed to the infamous anti-bank memorial, which a delegation from town left in your hands when Mr. White's removal was first requested, renders him extremely offensive to the whigs here. We again would take the opportunity to remind you of our earnest hope that Mr. H. Addison will be appointed to that office, whose full and abundant testimonials are already in your possession. "The continuance of Mr. White is mortifying to every real friend of the administration here. With respect, your obedient servants, O. M. Linthicum, William Laird, Wm. S. Nicholls. "Hon. T. Ewing, Secretary of the Treasury." On the 21st of September, 1841, the following letter was addressed to the President. "Georgetown, Sept. 21, 1841. "Sir: Should any paper be sent to you, contradicting in any manner a representation made by ourselves to the conduct of Mr. White, late collector of this port, we will thank you to let us have a copy of that paper, with the names appended thereto, that we may see in what particular, and to what extent, our statement may have been contradicted, and by whom. "With great regard, we are, sir, your obedient servant, O. M. Linthicum, W. Robinson, William Laird, Raph. Semmes, Wm. S. Nicholls, D. English, Jun. "To His Excellency, John Tyler, President U. S." And upon the 23d of September, 1841, the following: "Georgetown, Sept. 23, 1841. "Sir: I feel bound to make to you this statement, in consequence of a report which has reached my ears, that Mr. Robert White, with Captain Carbery, and B. Mackall, are endeavor. ing, by their joint influence and representations, to injure me in your estimation. It is due no less to you, than to my friends and myself, to write you this letter, in which I shall omit everything that is not really necessary to be stated. "As to Mr. White, I feel warranted in assur ing you that the representations made to you by my friends in regard to him, are true throughout, of which fact they will be able to furnish you the abundant evidence. No man [*273 of character here would hazard the intimation that these friends of mine would possibly descend to a misrepresentation in regard to Mr. White or anyone else. "For all they have stated they can produce a mass of evidence too strong to be doubted. refer you to my letter to you of the 23d Au"In relation to Mr. Carbery, I have only to gust, and its accompanying papers. take much pleasure in furnishing you with any further explanations in regard to that case that you might desire. I would "It is wholly impossible that Mr. Mackall can have the least ground for complaint as I can supply you with abundant proof that there was no employment here for him whatever, nor any prospect of need of his services at any time hereafter. All the labor performed by him, since I have been appointed to this office, was merely to sign a receipt for his pay. He, or his friends for him, appealed to the Secretary of the Treasury, and seemed to have succeeded in producing an impression on his mind that I was meditating an unjust proceeding towards Mr. Mackall-all this, too, before I had said or written a word to Mr. Ewing upon the subject. He wrote me that Mr. Mackall must not be removed until I assigned him my reasons for so doing. I obeyed his order; but, on the very day I wrote him that there were no service for Mr. Mackall to perform, Mr. Ewing instructed me to discontinue the office. Mr. Mackall still complained to the Secretary, who wrote me to come to the Treasury Department. I went, and after hearing my statement, he said he was then satisfied that he had done what was proper in the case. I did not feel at all hurt at the course taken by Mr. Ewing, because I knew that the whole matter had been grossly misrepresented to him. I had been waited upon by a friend, who earnestly remonstrated with me upon the subject of abolishing Mr. Mackall's office; as he said that, in that case, the influence of a powerful family connection would be immediately wielded against me. I did not exactly see the propriety of being governed by such apprehensions, and took the course prompted by my sense of duty, and relying confidently upon the favor able result of an impartial investigation, should any difficulty occur. "There is but little revenue collected at this port, and I felt it to be my duty to conduct its business with as little expense as possible. I found the expense of this office, as far as 1,045 00 Georgetown is concerned, to be.....$2,573 34 | office, and for the purpose of procuring his "I have reduced these expenses to.. removal from his said office, a certain other the sum of............... false, malicious, and defamatory libel, containing, amongst other things, the following false, scandalous, malicious, defamatory, and libelous matter of and concerning the plaintiff, [*275 and of and concerning his said office, and of and concerning his, said plaintiff's, conduct in his said office, and for the purpose of procuring the plaintiff's removal from his said office, that is to say: "Thus saving to the government...$1,428 34 without at all impairing the efficiency of the service. The whole expense of the office for Georgetown is now absolutely $45 a year less than Mr. Mackall was receiving for doing nothIng. The expenses in Washington I have re274] duced twenty-five per cent. I did this from a sense of duty, but not without anticipating much misrepresentation and abuse. "I am, sir, with great regard, your obedient servant, H. Addison. "To the President." On the 18th of November, 1841, Robert White brought the two suits mentioned in the titling of this statement. "Mr. White's was the place, &c.," (then followed the remainder of the letter not included in the first count). The declaration concluded as follows: "By reason of publishing of which said several libels, the said plaintiff saith, that he hath been and is greatly injured in his good name, fame, and credit, with and amongst all his neighbors, friends, and acquaintance. And by The declaration in the suit against Nicholls reason of the publishing of which said several and others contained two counts. on the libels, the plaintiff saith that he was heretofore, to wit, on the 12th day of July, 1841, at the county aforesaid, removed from his office aforesaid, and was thereby deprived of the emoluments and income of said office, amounting to a large sum of money, to wit, the sum of three thousand dollars annually, and hath been otherwise greatly injured, whereby the said plaintiff saith that he hath damage, and is the worse, to the the value of twenty-five thousand dollars; and therefore he brings suit, and so forth. "Brent & Brent, for plaintiff." The declaration in the suit against Addison also contained two counts, with no essential variation from the above. The defendants pleaded not guilty, and in November, 1842, the causes came on for trial. They were tried together, the same evidence and instructions prayed from the court being common to both. The jury, under the direction of the court, found a verdict of "not guil ty," and the following bills of exceptions show the points of law which were raised and ruled: Plaintiff's First Bill of Exceptions. The first was as follows: "And whereupon the said plaintiff, by Brent & Brent and Francis S. Key, his attorneys, complains, for that whereas previous to, and at the time of committing of the several grievances by the defendants as hereinafter mentioned, the plaintiff was collector of the customs for the district, and inspector of the revenue for the port of Georgetown in the District of Columbia; yet the defendants well knowing the premises, but greatly envying the happy state and condition of the said plaintiff, and contriving, and wickedly and maliciously intending to injure the plaintiff in his good name, fame, and credit, and to bring him into public scandal, infamy, and disgrace, with and amongst all his neighbors, and other good and worthy citizens of the county afore said, and to cause the plaintiff to be removed from his said office, heretofore, to wit: 20th June, 1841, at Georgetown, to wit, at the county aforesaid, falsely, wickedly, and maliciously did compose and publish, and caused to be composed and published, of and concerning the plaintiff, and of and concerning his aforesaid office, and of and concerning the plaintiff's "In the trial of these causes, the plaintiff, to conduct in his said office, for the purpose of support the issues on his part, offered evidence procuring his removal from said office, a certain to show that he was duly appointed to the offalse, malicious, and defamatory libel, contain-fice set forth and described in the declaration, ing, amongst other things, the false, scandalous, on the 21st day of July, 1840; and that he was malicious, defamatory, and libelous matter of acting as such officer, from that time till the and concerning the plaintiff, and of and concern- 9th day of July, 1841, when he was removed ing his aforesaid office, and of and concerning from office, and the defendant, Henry Addison, his said plaintiff's conduct in his said office, for appointed in his place; and then further offered the purpose of procuring the removal of the in evidence a written paper (viz., the letter to plaintiff from his said office, as follows, that is the President), and proved that the same was in to say: (then followed a copy of the letter to the handwriting of the defendant Addison, and the President of June 26, 1841, down to the that the signatures there to were in the handwords "delivered by that gentleman," with the writing, respectively, of the several defendants; necessary innuendoes). that the said paper so written and subscribed was sent to the President of the United States, and by him sent to the Treasury Department, where it was filed on or before the 30th June, 1841, and kept by a clerk of that department having charge of such papers, and shown on one occasion to one person by him-which person had called to see it at the request of the plaintiff, and also on another occasion to another person. The second count was as follows: "And whereas, also, the said defendants, intending and contriving to cause the plaintiff to be removed from the office then held by him, as stated in the first count heretofore, to wit, on the 26th June, 1841, at Georgetown, to wit, at the County aforesaid, falsely, wickedly, and malicieusly did compose and publish, and caused to be composed and published, of and concerning the plaintiff, and of and concerning his office, and of and concerning his conduct in his said "And the plaintiff further offered (*276 evidence that one of the said defendants, whom he named, said, about the time of signing the said paper, and before the plaintiff was turned out of office, that the plaintiff had signed a memorial against the banks in the District, and swore that he would have him turned out of office. "And also offered evidence that another of said defendants, also named, had on one occasion said, after the said paper had been sent to the President, that he made no charges against the plaintiff; and on another occasion he stated he had made charges, and that he could prove against the plaintiff more than he had so charged. "And the plaintiff further proved that the said paper, so written, and subscribed, was shown to a citizen of Georgetown for the purpose of being subscribed by him, who refused so to do, because he was not acquainted with all the facts stated in said paper. voted for the plaintiff; and he was elected to "And the plaintiff, also, further offered to "And the plaintiff, upon the evidence aforesaid, offered thereupon to read the said paper to the jury; but the court refused to allow the said paper to be read in evidence to the jury. "To which refusal of the court the plaintiff excepts, and prays the court to sign and seal this bill of exceptions which is done according-ingly, this 3d of January, 1843. ly, this 3d day of January, 1843. "But the court was of opinion that such evidence was inadmissible, and refused to allow the same to be given in evidence to the jury; to which refusal the plaintiff, by his counsel, excepts, and prays the court to sign and seal this bill of exceptions, which is done accord "Jas. S. Morsell. [Seal.]" Plaintiff's Second Bill of Exceptions. "And the plaintiff further offered, after the evidence aforesaid in former exceptions had been given, to show the malice of defendants in writing, signing, and presented said paper, to read the said paper, and offered evidence in connection therewith of the falsehood of the charge therein stated, which the court also refused, and the plaintiff excepts to said refusal, and prays the court to sign and seal this bill of exceptions, which is done accordingly, this 3d January, 1843. "B. Thruston, [Seal.] "Jas. S. Morsell. [Seal.]" Plaintiff's Third Bill of Exceptions. "And the plaintiff, after the evidence was of fered, as stated in the first and second bill of exceptions, and after the opinion had been given by the court, as therein stated, then offered to prove by substantial evidence, for the purpose of showing malice in the defendants in writing, signing, and presenting the said paper, that the charge contained in the said paper, of the plaintiff's having lost the confidence of the men from whose labors and enterprise the emoluments of his office flowed, was false, malicious, and without probable cause; that all the persons doing business with the said plaintiff, as such officer in his said office, during all the time of his continuing in office, were General Walter Smith, Henry McPherson, John Hopkins, and Jabez Travers-all which persons the 277*] plaintiff *now offers as witnesses to prove that the plaintiff had never lost their confidence, but that they always continued their confidence in the plaintiff, and approved of his conduct as such officer. And also, further to falsify the said charge, the plaintiff offers to prove that an election was held in Georgetown, in February, 1841 and 1842, for a common councilman in said town, in which election a majority of the qualified voters of said town "W. Cranch, [Seal.] "Jas. S. Morsell. [Seal.]” Plaintiff's Fourth Bill of Exceptions. "In the further trial of this cause, and after "And the defendants, by their counsel, ob- [Seal.] "B. Thruston, Plaintiff's Fifth Bill of Exceptions. "In the further trial of this case, and after the evidence stated in the preceding bills of exceptions had been offered as stated, and after the opinions and rejections of evidence as herein stated, the plaintiff, in support of the issues joined on his part, for the purpose of proving a publication of the libel charged in the declaration on the part of certain of defendants, 1 1 T T |