The herald., 1837-02-24

publish it yesterday.
Mr. Phoenix at the close Of the address of Mr. Gra-
ham, rose and said =" Gentlemen of the jury, had
almost determined upon letting this case sass into your
hands without farther comment; and believe,
should have done considering alter the very able
argument you have just heard from my associate coun
sci, DIR. Graham, any effort on my part TO be unne-
cessary-were il not that feel compelled to say some
few words in relation to myself and TO my conduct
both having been made subject Il censure by the learn
ed counsels opposed 10 me, Mr. western ana Mr..
Strang.
certainly stand in no very enviable position in this
affair am accused, first, of doing too much, and
then OF not doing enough | am moreover charged
with endeavorng to excite you; OF taking advantage
OF adverse TO prejudice the minds OF the
jury against these defendants; and that my illusions
TO the disturbed state ofour city were unushabe and
uncaed for do not regret having used the express
slons imputed TO this latter subject and think
shall be fully able to myself from the first
charge against me- for, cannot conceive that have
been either negligent overweenng in the discharge
of my official duties. True is have alluded to the
late dsgraceful scenes agratng our city. True it is
drew the picture in order 10 enforce upon your minds
the necessity of putting down these outrages; and
again. in spite of the learned counsellors' obser
vations call upon you strongly to enforce the laws
and by your verdict to still the flow of these nsensae
commotions.
Why should the counsel accuse of entertaining
improper feelings in this matter? What feelings either
way can possibly have to gratify! II ever did en-
terrain adverse feelings towards Mr. Bennett they
buried in oblivion. For Mr.. Bell had, and still pos
sess friendship. With Mr.. HambIn also, was on
terms Of niimacy-an intimacy shall never fear to
acknowledge or feel ashamed 10 own. In my official
capacity am neither friend nor an enemy to any
party; and as far as human nfrmity will permit, al
ways strive to dvest myselfof the slightest bias.
we are happy, gentlemen, IN having lawyer sfa o.
years experience-o preside on this trial. His Honor
and myself shall not differ the law this subject
l ask you TO respect the decision his Honor may lay
down to you; for his opinion will far outweigh any i'm
nrpx xSlO hAv mi a
Ther parts ofthe speech lone of the coun-
sci who addressed you, Mr. Western, have neglect
ed TO comment upon. He has insinuated that actua-
ted by fear or other motive, have shown undue
preference in The conducting of this for the prose-
cutor, Mr. Bennett Bet l will now tell that gentle
man, and give him fully to understand, as wish
the whole community fully to understand, that had
James Gordon Bennett, or any man, been the defend
ant in this court on salt for libel or otherwise,
would have prosecuted the to the whole extent of
my ability.
public press is public blessing and wo be to
that people who shall permit il TO be destroyed. But
we cannot possess this good without some share Of
evil. If there good and moral presses, there
| also evil and llcenhous ones. Some that like the
the air in which they flap their wings, anI the soil
on which they alight. In good hands-in the hands
of moral and honest men, the public press is one of
| the greatest advantagesa nation can possess; but
conducted by the immoral and dishonest it is pes
| lential mi1dew bighting and desoating every fair
| flower within the sphere of its malgn influence. Ii
oar happy Institutions should be destroyed they
will owe thair downfall 10 the cenousness of the
press. At this time the public press is mere powerful
than an hostile army-its array more imposing than
its adverse banners-how careful then sh.ud not
its directors be ere they SCI in motion this mighty
| gine Let every editor follow the golden rule-lct
| him search his heart ere he pronounce judgment
upon his fellow man. Let him beware lest he be more
culpable than the he undertakes to Let
him take heed lest he nfiict an injury upon the unde-
| servng-a wound the cicatrce of which he may
carry to his grave If there BE any editor who hears
these remarks, offer him no apology; if they wound,
il IS his own conscience that points the weapon-his
| own bosom that hugs the inflicted smart"
After recapitulatng portion Of the evidence, un-
touched by Mr.. Graham, Mr.. PhGnlx proceeded to
investigate the various motives urging the several de-
Pendants to assemble at the Herald office.
First as TO Blythe" said the District Attorney,
| how come he there Blythe was sent out as pioneer
and scout TO enter the enemy's camp-to mark its
position and available resources for resisting attack
TO report whether might be invested without dan
ger, and to learn the most fitting time for giving the
assault For what purpose could Hamblin go herel
Hamblin, his bosom charged like volcano with the
burning lava Of hate and the fires Of vengeance ready
at the slightest shock to burst forth in torrent OF
| fury
Ii has been attempted be proved that one OF these
defendants, Boerck, not at The Herald office and
that another Bell there only as friend-a peace
maker. Gentlemen, they were all there's and all upon
| the same uDholy Grand.
We will not rely upon the evidence we have addu-
cod on our side in proof ofthis; we will demonstrate i
from the words OF their witnesses. Lock NJ the
testimony Of Barnett and of Draper. Draper swears
distinctly that neither Blythe noreck eIiered by the
front Office. Hamblin he says did and that imme-
diacly after his passing round the counter iato Mr.
Benneu's Office tho sciffle commenced Barnett now
arrives and Bell found in the front office He con-
tinues in the front office until the middle door is fore
ed and the police officers arrive. Upon Their rushing
in, who is found here Hamblin there, still en-
gagged in his purpose Of obtaining apology from
| Mr. Bennett. Bell is there, encouraging Hamblin in
his proceedings. Blyth was there passive specta-
tor, If you WILL of the scene before him. And Boerck
ii not actually within Mr.. BENEFITS room, was in the
vestibulc of Clins1 Hail. that being his post of obser-
walton, Bells was that Of the door in the front Of
| fee
| From their own witnesses then, il is proved that
| these defendants all there--that they are all
/ equally guilty. OF this so confident am l. tina, were
my father, from his grave, standing before me-
/ woul. still declare them guilty-guiliy!
Gentlemen, Of all these defendants Hamblin alone
| is the who can be ustificd-nether for Blythe,
for Boerck for Bell, can find paation or excuse
This, gentlemen Of the jury, not the case Of Jas
Gordon Bennett, il is the Of the People of New
York. LISA case for the protection Of social sys-
| tem-a case for maintaining the supremacy of the
4 laws.
The instant we abandon our confidence in the in
tegry of our Judges and give up our reliance for re-
dress OF injuries on courts Of law that instant
shall we fall into state Of anarchy and cenfIsien
As far as my feeble efforts are concerned trust
sha ALWAYS eudcayor ward off so dyaa df, IN