The herald., 1837-05-05
ANOTHER NsvEL CAsE-ISFIDELITy AND RocgERY

IN ACTIoN-ln the Sun OF w ednesday th0rc Is most
atrocoHs, unwarrantabe and lbellous attack made
upen the character of Andrew s. Carr gentleman Of
the BAR of respectable character, and the head of
large and amiable family. This attack, no doubt
has been instigated by the malice of one Muock,
lawyer Of some notorety, having been divorced by
his wife for sufficient cause. Mulock refusing to pay
his divorced wife that aimony awarded to her by law
Mr. Carr employed to compa the delinquent by
legal process For this, Muock malicieusy threaten
ed Mr.. Carr with bringing before the public certain
bygone transactions, msrepresented in such way
to give entire false impression of that matter as
connected with Mr.. Carr. From malicious motives
of similar kind, this Mulock, on former occasion,
publGhed falsehoods on another gentleman of the
bar that crossed his path. In the case of Mr. Carr
which is so wiliully msrepresented by the Sun, we
find the following statement Of facts in the Courier
and Enquirer of yesterday
In the report in yesterdays paper of the case of A.
). Carr VS.. Muock before the Vice Chancellor, our
reporter was led into in stating that ono Of
the parties indicted and tried some years since
with others for conspiracy to defroud We have
since full report of that trial. published at the
time in the City Hall Recorder from which it appears
that the defendants the charge of Chief Justice
Thompson, were fully and honorably acquitted with
out the jury leaving their seats. We cannot but regret
that we have been nnocently led into mlsstatement,
which uncontr2dicted might have the effect of
ting erroneous impression respecting a highly
spectacle legal practitioner Mr.. Carr certainly is
The annexed statement of that may be relied up
on as perfectly accurate -
Sometime previous TO the year 1918, Robert Nc
Dermu and Daniel ID. Arden had been coeartners as
Booksellers. When they settled their accounts at the
dissolution Of the copaTtnership, Arden found to
be largely indebted to McDermut As a security for
the paymsnt of that debt, he gave to Mr.. McDermut,
bond and warrant of Attorney, to enter up judg-
ment against himin the Supreme Court by confession
I.cu,
tam promssory notes.
When the notes became due, Arden failed 10 paw
them. Previously to this, he had by false pretence
and upon his promise to return il, obtained from Mr.
McDermut, the warrant of Attorney. When the lat
found that the were dishonored and that Ar
den was making away with his property, he became
alarmed, and consulted his legal advisers Messrs.
Carr and Gaines They demanded of Arden TO give
up the warrant vi Attorney which he refused to do.
As it then the month Of February and the Court
would not be in session until May, there Was no OPP
portuniiy of applying TO for rule upon Arden to de-
liver up the warrant 81 for leave TO enter ap gment
without IT. They, therefore, Other way 81 pre-
serving the property than TO enter M Judgment loi-
out the warrant, and TO file Bill III hancery, setting
forth the circumstances in order 70 compel Arden to
put TIA warrant Of Attorney file OF else TO supply
the want of it by release ofer
The judgment was accOrdHg, r.0 Up, Mr..
Carr being plaintiff attorney, a. lbs ap-
Fearing as Attorney for the defendant ths, Ar
den went before the grand Jury, and they not know
ing that he had given warrant of Attorney and had
fraudently got II into his possession but suppOsng
that the judgment had been entered withou, any
thorty whatsoever, found an indictment against
Messrs. McDermut, Carr and Gaines, for conspira-
cy to oppress and inure Arden.
In November, 1918, the indictment tried at the
bar Of the Supreme Court before Chief Justice Thom.
son. Cihe tnal is reported in the fourth volume Of
the City Hall Recorder.) The prosecutor Arden, was
the principal Witness and in his testimony, deaed
tse statement in Mr.. McDermufs affidavit and Bill in
Chancery that the warrant Of Attorney was deliver
ed under promise 10 return it, and on the contrary,
sworc that it delivered up to be cancelled. The
Chief Justice in his charge to the jury remarked that
this were so, il was singular that Arden should have
given 10 McDermu the receipt that wns produced in
evidence for the warrant Of Attorney That however,
whether Arden's statement was true not, there
could be doubt that Carr and Gaines had acted pro-
fessionally only ana upon the facts represented
them by their slent and that in his Qhe Chief JUS
tce opinion, they ought to be acquitted without the
least hesitation; and the Jury Immediately, without
leaving their seats acquitted all the defendants.
Because Mr. Carr would not compromise the case
of his client, and forfeit his oath a lawyer and hie
henor as a man, Mulock threatened to pxslish the
the indictment named, without the accompaa yinl
honorable acqutal. Mr.. Carr on application TO the
Vice Chancellor, procured an inunctios to restrain
Mulock from making any publication Muock, in
stead Of ebeying endeavored crafty his revenge b,
coyer,ly causing the following notice to be put up il
public places Courtlandt street, on the rout,
which Mr.. Carr takes to homc he residing in Jerse,
City.
Losr-Near Jersey City Ferry, a certified cop,
under the seal of the Court of Sessions for the citl
and county of New York, of the indictment OF Andrew
s. Carr attorney at law, and others, for a conspirac
to defraud Daniel ID. Arden The finder will pleas
leave il at No. e3 Nassau street.
Fer this publication in contraventon Of the orde
ofthe court Mulock was cited TO appear before the Vic
chancellor and this citation the proceedings tool
place which are so maliciously and scandalously re
ported in the Sun. But what increases the ndeccnc,
of the Sun, is hs fact that they refused to publi.l
any correction of their wlul misrepre senta TONS un
less they should receive doceur OF 90 for its inser
ton. Such unprncired conduct deserves wor@
conviction and punishment than they received III
other day in the court Of sessions for breaking opcr
a sealed package.
We hope and trust Dir. Carr will bring such rogue
to justice Let them be punished TO the full extent a
the law. The Courier d Enquirer though led int,
error by its reporter, yet very honorably make
the proper amende Let the convicts OF the Sun b
punished in ther pockets the only sensible plac
about them. Mr.. Carr may rest easy under ,hei
sanders. His professional standing-his cstimat OF
in this community, cannot be affected by the ISLANDERS
Of penitenliary birds.