Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-01-09

rs. Bennett-Mr. Lord rose and said that he attend
ed 10 oppose the motion introduced by Mr.. Graham
Saturday relative the suspension of proceedings
in this case
Mr. Graham then rose and read the afidavits of
Thomas Graham, and James Gordon Bennett by
which it appeared that John Haggcrly had sworn in
the Court of Sessions that il his intention 10 dis
continue the civil sut-that attempts had been made
TO induce Mr. Bennett his counsel TO consent 10 Its
dlscontnsance, in order that the proposal coming
from that quarter instead Of Mr.. Haggerty might do
away with any mitgatory circumstances, and so
cause the heaviest possible amount OF punishment mt TO
be inflicted MIR. Bennett in the Court OF Sessions.
Mr.. Graham therefore moved the Court TO make
such disposition of the cause, by setting II al
rest, In way to cause the costs and expenses 10 be
paid by Mr. Haggerty and thus render only simple
act of justice TO MIR. Bennett.
Mr. Lord then read an affidavit of his partner, Mr.
Butter, from which he wished il to be inferred that
the suit was entered on their books as settled or dis
continued "by consent
Mr. Lord then added that he was perfectly willing
that any rule should be entered by the Court relative
to the stay OF proceedings, that the cause might be
considered as settled but he did object and woald
object to Mr. Haggerty paying the costs of the suit
Mr.. Graham then commended most eoquenily that
his Client Mr. Bennett, had been most shamefully
prosecuted and injured by Mr. Haggerty; all he ask
ed of the Court an act of common justice 10 one
of our most worthy, intelligent and industrious cn
zens-a man, he said, who was constantly oilDg
for the benefit and improvement of his fellow beings
he would place the rights Of MIR. Bennett fairly be-
fore the Court and he had no doubt but that The
Court would do him justice This wos all he asked
justice TO be dealt out fnrly openly and above board
but if those rights were to be passed over by side
way transaction, in a sort of sHb stlenti0 manner,
then he must submit TO the Court; but on the part of
his Client he did consent he never had consented,
and he never would consent TO any such slde-way
disposition of the matter.
Mr. Graham went on TO state that Mr.. Bennett had
acted in this matter in a most proper and exemplary
manner-in a way that became every good citizen;
for soon he was given TO understand that there
could properly be 70 defence made TO the charge
against him. he Immediately pleaded gulty-subni-
ted 10 the Judgment of the court and paid the very
heavy and full fine inflicted him down the spot
before he left the court. And had Mr. Hageertya acted
in noble and exemplary manner as good citizen,
he would have complied with the spirit of the oath he
took-have discontinued the civil suit in deed and in
fact-and by paying the costs of the same-have set
tied satisfactorily and thus ceased 10 harrass Mr..
Bennett
1t was shown he contended in the afFdavts that
Mr.. Haggcrty, acting the agent for the three COM
planning parties to the suit han said that he would dis
continue the suit. And he said this, not out of any
feeling OF manllness or justice to Mr.. Bennett, but
solely because he believed that by such statement
he weuld obviae the only difficulty remaining in the
way Of Mr.. Benefits receiving the full tale Of pun
shment in the Court Of Sessions. There was no evil
dence now, that the suit was discontinued save
and except the entry alledeed by Mr.. Lord To have
been made on his own book To that effect; this might
be a very convenient mode Of conduct for the PLAIN
tfs, but il was not such of conduct would
satisfy him, Mr.. Graham, determined as he was TO
his client had justice done TO him for such
try relative to disseminating the suit was not done
with either his or his clients consent.
He further remarked that Mr.. Bennett was brought
up receive sensence-that was urged then in NIT
igauon that the civil suit was pendmg--the sentence
was suspended in order give Mr. Haggerty time 10
discontinue the suit act defnitvely in the business
as on that would materially depend the sentence of
the Court of Sessions. And although by the regular
49, 10 >ln kuI .Is
to make any other statement in aggravanon, or with
view to increase the punishment than by putting in
affidavits-yet, by proceeding unheard of before,
the plaintiff, Mr.. Haggerty, was permitted 10 60 upon
the stand and RIGA declare that he meant 10 dis
continue the civil suit and this was done in order
that all The walls Of wrath belonging 10 the law might
be heaped upon the head Of Mr.. Bennett in the crmi
nal court that he might if possible, be sent TO the
lous side way system, endeavsring a, the same time
make it appear that the proposition TO discontinue
came from the defendant.
He went on to state that Mr. Bennett was again
brought up for sentencelt was again urged in mlti
CATION that this civil suit was pending-and the Re-
corder then said that Mr.. Haggerty had soemnly
declared in the court that he would discontinue the
civil suithat the court took that into account in de-
termnng upon the sentence, and the Recorder added
1--WE shall hold him 10 his oath and his declara-
tons, and be witness against him should he perse-
hanassng you further IN that civil suit
Yet his client had been harrassed most shamefully
he ought net te have had ms mind perplexed about
il single instant longer than there would have been
time for Mr.. Hacgerty to have gone down 10 the
office Of his COUNSEL and gwen the proper directions
10 stay finally all further proceedings and pad the
cos its of the suit And Mr.. Bennett had been harras
sed in the most outrageous manner from first 10 last
they had not only harrassed him by commencing /
suits in both courts criminal and vii, but they had /
harrassed hin, by compelling him 10 put in special |
ball. and further by making him perfect that special
bail; although Mr.. Bennett himself was as RESPONSE |
Die man any in the community, and the least |
likely Of any TO leave city where he had much al
stake as any member OF the community; again, his |
BAIL Mr.. Bennett, the book-keeper, and Mr.. Garfield
he painter, were two most highly esteemed and res
ponsible geHtlemen-probably worth at least |
sl00 900.
Mr.. Lord-Probably.
Mr.. Graham.-Yes, Sir, probably; and most GER |
alnly, l can speak of my knowledge, that one Of |
hem s worth half that amount, and believe ihe |
other 10 be so. Mr.. Haggerty, as agent for the 9TH
srs, has acted badly in every way and shape from |
first to last and therefore this Cosrt make
such disposition Of the cause shall stay pro- |
reedines perpetually ask first, for relief Of Mr. |
Bennett, a matter Of course-and then | ask OF |
The Court to decide the kind of relief they can
grant to U.s.
Mr.. Lord replied in a very few words, the substance
81 which was that he had now no objection 70 dis |
continuing the suit upon each party paying their
spective costs for IL Mr.. Hageerty was made 10 |
pay the costs, he contended that il would be consd
cred as ssrt Of triumphant Get off 10 the sentence
delivered in the Court OF Sessions.