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then attempted to associate their ... with Mr. Caldwell and on this to base a justification. He alleged so-called source facts which had as little to do with Mr. Caldwell ... as his connection with the Musical Shakspear Glasses and ... and fancied they were a justification. He coupled Mr. Caldwell's name with some one or two allegations, but he left out all allusion to intention, motives, or animus, and he sometimes said that a certain fact was either this or that.
Of course, I could not take an issue on some of such pleas. Mr. Murrow's allegations were as true as that the sun rose this morning, but had as little to do with the case. After a long and desultory argument, or rather discussion, Mr. Pollard fairly gave up the case and stated that Mr. Murrow could not and would not justify the charges against Mr. Caldwell, that he never meant to imply such deed, that he used the words and language complained of in a totally different sense. And then, at last, the idea of apology and retraction began to dawn on Mr. Murrow's mind.
The demurrer was allowed and