Activate Javascript or update your browser for the full Digital Library experience.
Previous Page
–
Next Page
Full Title
Trial of Thomas O. Selfridge Attorney at Law before the Hon. Isaac Parker, Esquire for killing Charles Austin, on the public exchange in Boston, August 4th, 1806.
Contributor
Massachusetts. Supreme Judicial Court. Caines, George, 1771-1825. Lloyd, Thomas, 1756-1827.
Date Added
11 January 2014
Publish Date
1808
Publisher
Boston: Russell and Cutler, Belcher and Armstrong, and Oliver and Munroe.
Topic
Austin, Charles, d. 1806. Trials (Murder) > Massachusetts.
About
More Details Permanent Link
Disclaimers
Disclaimer of Liability Disclaimer of Endorsement
OCR
SRB panama pe ane a Ee mamma Ss INS
i
|
ae
{
{
ee Te ~
SS eT ag age Taner NG
ee
_—
on et me a He
le
Oa
ae,
NE re telnet ot
artes.
wn a ge TE
+N eee
Se ene ee jp ti
. . : : par Ln
ee rn ° as :
Th ee BE,
eT wm Xu : : — po
y
86 ‘TRIAL OF T. 0. SELFRIDGE, ESQ.
od woe
have an action decided ; but few persons, comparatively, would ever
know the result, and those few would be those only, who were
conyersant with the reporter’s volume, and not clients and men of
business, from whom he derived his living ; that the damage aris-
ing to him would be unsusceptible of proof, for it would be impos-
sible to prove who had abstained from employing him profession-
ally, in consequence of the circulation of the report ; and while the
process was pending, his business would dwindle away, and the
~ cause would be unknown or forgotten, and the permanency of the
evil would remain unrelicved ;—from his imbecility, a personal
contest, he said, was impracticable ;.and.to rely upon friends for
protection, orto permit them to interfere when he commenced the
affray, would be an act of cowardice ;—that this mode of redress
savoured too much of malice and revenge to be compatible with an
honourable desire of procuring reparation for an injury ; that dog-
fighting in the streets, was what he had ever reprobated, and it could
have no tendency to disprove to those whose good ‘opinion he was
solicitous to retain ; a falsehood, the effects of which, ifnot efficiently
resisted, must annihilate his businessupon any other supposition than
that the calumny of Mr. Austin could acquire no credit with the pub- +
lic. . Posting, therefore, he said was the only remaining alternative.
This preventive remedy could be promptly applied to the mischief, ©
and in its operation, would be extensive with all its possible con-
sequences. If one man injure another, no matter from what in-,
ducement, and after notice of the injury, and ademand of indem-
nity, commensurate with the injury, he refused to make satisfac-
tion, having the ability, he leaves the party injured a perfect right
‘to protect himself against all the consequences of the injury, by the
‘surest means in his power ; and the severest exercise of this right
absolves the party exercising it, from the imputation of malice or
revenge ; for although the man who committed :the original.
wrong, may suffer, his suffering is merely incidental, and follows
trom the exercise of a perfect right, which can never be adjudged
an immoral invasion of the rights of another, though it may sensi-
bly affect them. oe re
But no man has a right. to complain of those consequential suf-
ferings which may be reasonably, expected to flow from his own
falschoods or injustice. Mr. Selfridge said, by adopting this mea-
sure, the facts alleged by him, if denied, would come. fairly be-
fore the public, and the infamy of barratrously stirring up law-suits
would be justly laid at his door, or transferred to the villain, whe
engendered the lic, or who screens the liar from his merited deserts.
I did not sce Mr. Selfridge on Saturday. On Sunday I was
requested by Mr. Cutler, one of the editors of the Boston Ga-
zette, to call at their office, with which I complied ;—while there,
Mr. Selfridge’s advertisement, of the 4th August, was shewn to
me; and I was informed that Mr. Selfridge had directed it to be
\
é
}
Te et