Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1837-11-16


ara nad all over this country and all over every other
country. The house of Dulihl & Co. had high
stahding, bnt such publication in paper that as
80 widely circulated in Europe as the " Herald"
world tend greatly to njure the reputation of he.
most powerful house. Mr. Dutllh had the 500 spo-
ken of; but he was willing to pay il over 10 the per-
son 10 whomit properly belonged. The difficulty was
to find out 10 whom the money belonged. Ii might
belong 10 Nr Iafe,so, or Dr. Bargnani or 10 some
one else. He had consulted lawyers about it-they
Of course told hum TO hang on TO ithe did so. Or.
- black9ua' ded him for dong, and he now through
his lawyer asked of the Court and Jury satisfaction
for the savage attack.
The learned gentleman went on-no man liked 10.
be hbelled-no man was free from ibe-ko did not be-
icve The truth ought always TO be told disagreeable
truths might be told. His honor, the Recorder, had
been basely lbelled from time time, and he would
venture to say his honor did not keit any than
he deserved IT,
The Recorder said he didn't care two straws abost
1.-The had been hbeed from the begi anng Of his ca
reer TIL the present moment. He lad been the target
Tor some Of the shots from the gun of almost every
editor in the city. Halleck had Ibeee and lampoon-
ed hlm-Charles King had libelled him, bur he was
EARNED SO strong in honesty that all these lbels
passed by him "as the idle wind" He had kept on
the even Tenor OF his coursehe cared for the bels
of Charles King any Of the kings or arisecrats of
any part of the world. He was plain republican
in speech, action, hasits and manners. He would
not care let no would say that he was moi an.
honest man-they might say be had no honesty-no
talents-,hat he was not fit for any state or station.
4 knew himself-knew how correct his own course
had always been-knew the extent of his abilities and
would always act as he always had acted-so as TO
preserve his own conscience free from self reproaeh
and his own heart devoid of all guile.
The law of England said, " The greater the tmih
the greater the lbel'-he very much of that opn-
lon-it was not right for one man TO publish things
that might hurt wound the feelings OF anotheI-or
hssreatyesa Though might be true ;.for there were
not one OF Us who could lay his hand upon his breast
and say like the Frenchman,
Were he ordained to run
lie would do jus, as he had done !"
There was not one who at past period OF his life
had not so acted as now 10 regret his conduct, and
who would act differently were the ground open
10 go over again. = To err is human-to forgive di-
vine" Mercy inseparably linked with Justice
mercy was an attribute of the most just Of all Judges
But to write print things that might tear and LAGER
ale the breasts Of fellow being causelessly and
wan'only was neither generous, merciul, just, or
human.
The only witnesses examined for the prosecution
was Mr. George Esler, cashier of the Herald office
Mr.. Esler deposed, that on the evening of the 18th
Sept gentleman called with the Ibellous advertise
nent, and requested its insertion in the Herald. Mr..
Eser refused TO nsert without hor,y The gentle
man went away and returned He then said he DR..
Bargnanl-gave his residence in Broome sreet-it was
written on the back of the advertsement-told Mr.
Eser he need not fear publish for every word
true. He paid for It's insertion twice. Mr.. Esler has
since had some conversation with DR.. Bargnan him.
self, and believes him TO be the man who brought
the advertisement.
For the Defence Mr.. Tenelli only was called;
the substance of whose statements have gwen
above. He paid the money TO Mr.. Dutlh but told
him it belonged 10 Bargnanl
The learned counsel then went on to examine and
Observation-Disclosures and Tenei-back wards and
forwards-up one side of the argument and down The
oher-and they mixed up Tenelh and Lafetse and
Bargnani and Benzoni and Datihl and Staner and
one guarantee and another guarantee and the promise
IN writing and the promise to pay and the seven hun
dred dollars, and the banker in Lombardy, and the
brokers IN Wall street, and the law of England ard
the law Ct libel-ths proce dings of this court-the
conduct OF every other CORTLAND this suit and the
SUIT OF Lafeso against Benzoni and the suit of Barg-
nam against Dulihl-and Dutihl's suit against some
body else IN such way as not to suit the Recorder
who cried out-"Genenen, gentlemen, do tell US
who has got the money-wherc IL is-how it's 10 be
go--who knows any thing abou, it-how we are 10
get on with and out of this suit, and whether il pos
sble for any OF us 10 understand the top from the
bottom oft or the middle from either end.
Phenir. IL all lies in a nut shell sir!
Recorder. We'll, then the shells SO hard it seems
impossible for any of us TO crack it. Dear me--iis
lime adjourned
A Jurynan. The jury are getting out of patience,
Mr.. Attorney. Imove we adjourn I'LL this time next
month
Ptenir. If the house of Dutihl & Co. are still liable
for the terms Of the guarantee they gave to Laeiso
they have right TO hold to the seven hundred dol
lars and although the money may belong to Or.
Bcrgnnn, 10 no justification of the libel or even
mitigation. There has been egit brought against
" boitHo, iucy nave iu0Ug0t proper 10 uc-
iend themselves, instead Of letting Dr. Bargnani do II.
Recorder.-Then this is altogether commercial
dispute, and never ought TO have found its way into
the papers.
Locktrood.-Why not, sir, as well as bitter violent
and libeous political disputes.
Recorder.-The time Of this court and jury ought
not 10 be taken up with these matiers-ihis court
ought not to be made Of TO settle these mercantile
squabbles, and qaarres, and differences.
Lockcood.-l consent to withdraw Juror.
Recorder.-Very WELL then gentlemen Of the Jury,
you can go.
Phenix.:-siop stop, gentlemen; you canno, co.
Let's do things regular.
Recorder.-Why the cause can stand over until we
see how they decide the civil suit and then we can
tell how TO decide this.
Phenir-The cause may stand over, but the Jury
can't stand over.
Rccorder-Tne! true very true. they can 90
home
Phenr.-Lets send them home in a regular way
Recorder.-We gentlemen; all there is in il is
hsthe clerk will call yosr names, and the fret
mans name that is called, that man mustn't answer
TO his name when called
Cicrk-Robert Jones!
.Jones.-Hcre!
Rccorder-No! mol that's wrouq-you mus n.
answer Now try again.
Cicrk-Robcrt Harris.
Hdrris.-Here!
Resorder.-Oh DEAR dear-,hal's wrong again
now nobody must answer