Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-02-16
Trial for Libel

CIRcrIr CouRT, Thursday, Feb lo-beiore Judge
Edwards. ~.
Andrew S. Carr versus Benz. III. Day.-This was
an action brought by the palntfi, resPeclaoie Jaw
yer of this city, against the defendant me Piop'oi
of the SUM- newspaper tor hoei :, :,
The facts of the case are simply these; BIT. nu-
loch lawyer of this city, and his wife separatea-
She sued him for allmony, and employed Mr. od,i
to conduct her case Muloch went to Carr ana told
him that, if he Carr prosecuted the suit, he, Maloch,
would publish an indictment that had been found
against Carr some twenty years ago IN this city.
This indictment charged Carr with conspiring to
Cypress and nlure On that Indictment ne had been
tired and honsrably acquitted
handbill was soon afterwards Published saving
that copy of this indictment against Carr was lost,
and requesting the finder TO return II TO the same num-
Der in Nassau street that Muloch resided IN.
Mr.. Carr had filed an affidavit in the Court OF
Chancery stating the facts in the case relative to the
Indictment as also the very important fact that ne
had been tried and honoraby acquitted OF the charge
The Chancellor therefore, issued an inJuncuon
against Muloch 10 restrain him from publishing the
bellous indictment; and when the handful appear
ed the matter was again brought before the Chancel-
lor as virtual Infringement OF the injunction. On
this point decision has yet been made by the Chan-
celor !,
An account of part of these proceedings appeared
in the Sun ia the shape of editorial paragraph, to-
gelher with some comments, all OF which tended 10
make il appear that the whole affair was only sort
Of squabble Between two lawyers or as II was word
ed, when rogues fall cut, the truth comes out
Mr.. Day it sworn to, knew nothing OF me
paragraph until the day appeared in the paper On
that day, Mr.. Cars attorney, Mr.. Mackay, called
on Day. told him that the article omltted material
point viz the fact that Mr.. Carr had been acquitted
on the Indictment and he asked Mr., Day 10 put IN an
explanation to that effect. This Day refused TO do,
unless il was paid for as an advertisement, and Mr..
Beach fixed the price at -
deal of sputterng and scattering amongst the law
yers, as usual consuming the time of the court on
subjects not at all connected with the case as 10
where Mr. Bartlett got his account, and as 10 wnere
Mr. Finn, of the Journal of Commerce got his re-
port, &C. &C. all of which had nothing TO do with
tho case, although the same helped to consume the
best part of seven blessed hours
The facts are these A one sided view OF the case
was published and Mr.. Day refused 10 put IN Inc
other side under SO.
Sherwood conducted the case very slovenly for
DAY. Gerard made very good speech, as times go,
for Carr but showed great ignorance OF reporters and
reporting Hugh Maxwell MADE nucn worse
speech tkan we have heard him deliver for some time,
and old Judge Edwards gave red hot charge against
Day.
He said that the whsle sting Of the tran sacon was
in the omission TO publish the fact thatGarr nad been
tried and acquitted. He said that the propneters OF
newspapers were compelled TO conduct much OF their
business by means Of agents, and that u would oe
both asonabe and unJustto hold them RESPONSE
BILE for all the acts of those agents.
But he added that when Informed OF an error COM
mitted by those agents. they were bound, as men OF
honor TO correct the same and all the gentlemen OF
the press whom he had the honor TO be acquainted
with almost universally would do so. But when
Carr, he refused TO repair IL, bxless paid for it,
| This was the most odlous feature of the case
and this sat was the necessary fruit Of Mr.. Days
refusal TO do act of justice Mr.. Carr with pro-
per spirit had refused pay for that redress which he
had right TO receive, and had appealed TO jury OF
| his country 10 redress him. He had made out his
case; and the law allowed the jurors the discretion
10 give exemplary damages, 10 make an example, OF
an offender, in order deter him and others from
similar course
The jury retired with orders to bring in a sealed
verdict.