The herald. [volume] (New York [N.Y.]) 1835-1837, 1837-01-16


sss.: s,sS ss.s: :: "a
s, s::s a s .s.s
and ": :G ~ y. , :s an s
PSs Ss S.pa.ss bsnas
was oppossdSy Mo;ssu ssd ING and
whether has ed thee several supeaas
before the grand jury and his cLarse against Tho
Ham,n and others and he has Tecs we'd q kncwn :"
peor ed Of tie Vera n %spsper and he Is
s HAT 81 w s" sh he D
because the charge against Hamb Vas not brought
The Of Bennett answer that he hsd only re-
endns 70 sns that he had en attended on
similar comeanI against COT @sb which nothing
and IN IL ss
sassss
WITH ne paperand H. referred s ne ny M
s e. he bound I, answer oss srsa~ent thew
the Dis Attorney and NJ Morrison a. % t Sc s" s
decided that the Dc right to read c An
sdersd AID guilty Of ia. the ,o s w y a
aft I'd Bcnet opportunity the interim 80 before the
and jury"
This is most remarkable and curious statement,
representing remarkable and curious proceedings
BY some mysterious process of law, Bennett 1--WE be-
lieve that is the mans name, if we not mistakenly
the individual against whom series of the most dis
graceful ourages have been committed is brought up
before court and placed before the world in the at
ttude of criminal, while the real volator, Lieut. COL
James Watson Webb,(giving puss his tally deiaultern
Wall street in debts of homer $50 O00 permitted to 60
large and publish such statements to the world as
the preceding. Look at the quo amino of the whole
proceedings as Instituted and conducted by the Dis
trct Attorney of this city. His whole force of mind
all his eloquence-such is-his prodlgious le-
gal lore which weighs him down to the ground--a
is brought to bear-not upon the real offender-not
upon the real violator of the law-not upon the da-
ring invader of the liberty OF the press, but upon the
individual against whom those violations were at
tempted and committed. BY some species of legal
nscromancy, far outsrpping that Of Adrien the ma
gician, this distinguished and original Public Officer
transmutes the complainant into the criminal, and
places him before the world violator of the law
and an offender deserving of exemplary punishment.
If the same spirit and genius which conceived these
proceedings, go onward in It's course, should not
be surprzed if Bennett, as he and his reporter
calls us by way of contrast to Colonel Webb"
who once so sgnally punished Duff Green, were sent
to the Penten,iary or States Prison for having the
audacty to appeal TO the law, and to disturb the
sweet slumbers OF the Public Prosecutor while he IS
snoring onward TO Immortality. He already threat
ems us with an Indictment and really should not be
surprised if were indicted for all the crimes forbid
by the decalogue and still less if had to 90 to
Blackwell's Island or Sing Sing, for having the
a,rocious efirontery to print paper at all.
This is all correct legal practice-no doubt it is
but though we have read gr.at many law books,
and studied much legal learning we have never yet
seen any practice to equal, in originality and nge-
nuity, that of Mr.. Phoenix on this occasion. Stop.
Did We say never? mistake There is one excop-
ton, but il is so far removed back in antiquity that OF
late years the precedent has been in forgot
ten at least il appears to have been entirely over
locked by his Honor the Recorder, although the prin-
cpe il not the precedent appears TO be fresh in the
mind of the District Attorney 1t 10 very plain,
however, that to this living well Of law-this ancient
source of the science-this failing fountain of
legal lore he is in n measure indebted---and il
speaks well for the great reading and remarkable
crudon of the distinguished District Attorney, to
give forth such marks of his researches into the an
tion,es of the olden time We aude to the "Reports
IN Practe" Of one called Mr.. William Shakespeare,
luminary of the law, well as every other science,
who lived in the Gays of Queen Elisabeth. The case
will be found reported AT larg, in Tome Ill page So in
the g99th American eultion-iract MUCH auo ABOUT
nothing" being the case OF Dogberry verges and
Sexton in gowns rersus Conrade and Borachio in
breeches." Not having room to copy the whole case
we shall simply content ourself with the closing
speech Of the Public Prosecutor on that OCCASION
the summing up Of Mr.. District Attorney Dogbeny
which, making a due allowance for the lapse OF
years, very much resembles the preceding report in
the Courier and Enquirer. Read it.
"Dogberry. Come, let him be opinioned.
Yers Let him be in the bands
Con. OF, coxcomb
Dogb. Gods my life where's the Recorder ? lei
him write down-ihe States officer ,coxcomb -Come
bind him Thou naughty varlet
Con. Away you are an ass, you are ass.
Dopb. Dost thou not suspect my place I? Dosi
thou not suspect my years 10 that he were here to
write me down---an ass but masters, remember
thai am an ass though il be not written down, vet
forpe, not tina, am an NO, thou villain, thou
art full Of piey shall be proved upon thee by good
witness am wise icllow; and which is more, an
officer and which is more, householder and
which is more n pretty piece Of flesh any Il
in AIessna and that knows the law, 90 TO
and rich fellow enough, 90 to and n fellow thai
had losses and one that hath two gowns, and every
thing handsome about him Bring him away. O
,h,, had been writ bowman ass"
We have thus far today only shown our friend, Mr.
NH. ,ba first cataract OF Salt River III he wants