The herald., 1837-02-23


prosecutor sixth day.
After the Arranging of several prisoners, Mr. West
em rose and said Gentlemen OF the jury owing TO
the continued indsposlhon OF Mr. Sanord ne VIII os
unable TO take part the summing mp IN this case IL
will therefore devove upon me TO be far more duse
in my observations than otherwise should have BEEN
After these remarks the counsel proceeded to I'M
press upon the jury that any one Should be indicted
IN the Sessions Court for riot they would be aware
from the indefatigable and truly energetic manner in
which he and his associate counsel had conducted the
case that there We're lawyers OF integrity, virtue and
skill who would zeaousy and honestly defend them"
After this modest eXordam the counsel entered INTO
sitting of the evidence He drew the urys attention TO
the discrepancy Of the evidence OF Mr. Burdet and Mr.
Eser, related 10 the crimlnality of Jared W. Bell
in this affair. Look at the evidence Of Pnce and OF
Locke do they not swear--and IS not their evidence
entirely uncontradicted that Jared w. Bell went to
the Herald Office solely peace maker. and when
its editor, James Gordon Bennelt-that craven wretch
was crying, like sick girl, give some drink, oh
for chair was the Kind the good, the benevolent
Jared w. Bell who mnlslered TO his wants. Valnly
have the witnesses for the prosecution endeavored TO
spit their on the characters ofa these defend
ents by mixing up with theirs the acts Of Thomas :.
Hamblln but If these acts even were duly canvass
ed there would rest blot upon his character"-
After proceeding to rdcule the idea Of Hambln taking
with him the redoubable George Blythe and the Her
culean J. w. Bell, TO overcome such fragile oppo-
nent as James Gordon Bennett he again turned to
the evidence of Burdet. "This Witness" said the
not present during this afair-and to Boerck, II IS
surprising they have deifed him also into hero
but he, poor fellow lsfound during the whole business
standing like astatuaryIhis mouth wide open and his
eyes fixed in marvel at the passing before him
and that when at length he did nterfere-he nerfer-
ed only as a peace maker.
The dinner party was the cOunsels next subject
In recalling what passed during its continuance he
said "it was there that Hamblin pledged his honor
not to strike Bennett and he kept his honor sacred-
He did not strike him" The learned gentleman then
drew the manifest difference there was legally be-
tween riot and assault and battery and contend.
ed that in this neither the the other had
been committed. Mr.. Benefits evidence was next
commented on. 81 shall strip this evidence" continu
ed the COUNSEL "of eleven mistakes or errors, and
then leave you, gentlemen, to Judge of what the rest
is worth He swears first he received a blow on the
back part of the head and then in the latter part of
his testimony he swears il push and then that
he was too busy to recollec how it happened what
1t was. This sample of counsellor Western 8 veracl-
ty will serve as a specimen throughout his whole
tainted logomachy Bennett swears these defend
ants cried out kill him-k him--kill him-kill the
d-d rascalv What is the fact II was the mob
outside who, WITH rENsE OF JUSTICE THINK HIGH
LY coMMENDABLE uttered these expressions. Why, if
Blythe had wished he could have taken Bennett up
like chicken and wrung his head of! What need,
then of the assistance of Bell and Boerck TO aid such
powerful men as Blythe and Hamblin? The truth is
all these defendants, with the exception Of Hamblin
stood like statuares. Bennett he sot with his
face 10 his desk-Draper swears he sot quite the
trary. Bennett amt good lawyer-he cantdrau
good bill in chancery-he can't make one draft tally
with another. If lhe skin rubbed off Benefits
nose he has Dragged that he had Hamblins head
down the bench. But here again Bennett is at var
ance with the testimony offered, for he swears there
was no abrasion.
But what motive had Hambln in merely putting
his round Bennett, if il were not merely TO get
an apology and that without violence. And what
says this modern Hector-"I was not afraid" o
Lord, no ! this being does not know what fear is-
He says 81 was too busy to take notice" Like
girl, he felt queer and could not tell what allied him!
Finding himself attacked, this courageous squats
down on the floor like woman, and implored for
Gods sake, to be permitted TO take chair. But he
was not afraid-not he! have now done with Mr..
Bennett, let US turn to the testimony Of Mr.. Esler.
The counsel made short work of this evidence-the
wholS may be comprised in this "Esler has sworn
his money stolen, but he has not told US who was
the thief. An attempt was made to duplicate Jared
w. Bell but il recols upon his accusers."
But few words more from me necessary, and
these l shall address to the District Attorney
The counsel here poured forth trade Of abuse upon
Mr. PhGmx, undeserved as II was false and ma
lignant; accusing hm of permitting himself to be
made the tool of a common libeler-and permitting
his Office to be used FOR the qualification ofprvate
lice, &c. &c.
In conclusion, the counsel dashed into the sublime
and beautiful He hoped the jury would not crafty
Bennett who like true Scotchman, loved his mo-
ney better than h!' life to gain an advantage here,
which would aid him IN his civil suit against his clients
These defendants, confused Mr.. Western, are not
rioters they merely stood round in BENEFITS Office
"hke stafuories OF monumental alabaster." Next
came the press IN which subject the Herald of course
came in for its full share of abuse. The Courier and
Enquirer was compared TO an elegant drawing rsom
The penny press TO various chambers; and the Her
aid to certain edificc, AZ foul and filthy rs the
brain that originated the simlle.
As finale the counsel said, fear, gentlemen, you
must be Bennett was in stateof crhaustdton land
will not deiain you longer. Fer the sake of your
country-your county-your city--your wives and
little oneswhose virtues you would not have attack
ed by common libeller-you must acqut the defend
ants.
After this brilliant persration the learned counsellor
took toinged chair and sof down.
"A recess OF quarter Of an hour was here taken.l
Mr.. Graham then rose and addressed the Court and
Jury. From the flourish of trumpets outsidc-which
seemed appropriately enough to usher in his triumph
spcech-wc lost theft rst words that fell from the
learned gcnileman's lips. He stated that he sheuld
not follow ths gentleman who had last spoken, into
tie he had raised fer the public prints Of the
day, nor say what might be adapted TO adorn the
building.
He had a noble task tn performs dignlfied act to
achieve. To answer such remarks would be an in
consistency, 10 which well bred man could conde-
scend-nor the dignity of the Court suffer He was
about 10 offer sacrifice to the temple Of justicc-no,
10 poue it. He should carry the affair with that
ability and dignity il required il he failed il would be
from nfrmfy, not design.
He regretted that the times should have come to
such peculiar crisis when every person admits that
-. H.. IL. -.