True American. [volume] (New Orleans [La.]) 1835-18??, 1839-07-13

being reduced to this condition, The prosecution comes
FORWARD, and proposes to Us, manuced as wa ar, to
prove the falsty Of the charges IN the publication for
me purpose ofaggravatng the crime Of the defendant
'l'at is, we are prohibited by law, from provin
truth IN evidence, md now it in proposed Ii
shall have power to prove the falsi,y irr
cannot believe that your honor will ~
trous rule. But il we are driven to th.
go into the proofw determination rhu ., .,rlu.
p"latub'e to the proposing party Still we hope that
This great question will not be sunk into personal
question: Tits which strikes at our dearest libe,
hes. Hewancd to 60 to the only ri unu here eudy
10 pass upon it. Let 60 the jury free Of a minor
considerations. He, Mr. p, was struck by The ncon,
s'senoy the prosecution We had been told thu, the
mantle Of charity ought cover all secret things and
row female, dragged up here to the public gaze,-a
Tor what! Look at that exhibition. Is it not enough to
shock the sensbiIities Of all men And who is to blame
tor Not We surely. Mr.. p then asked if it could
lie the design of the Court allow the unfortunate vic
tim of mans arts he dragged up here in order to
prove the rhen and hov lustul appetite was induged
lie hoped not. Still lie only objected on legal grounds
ou II the testimony received he assured the Cour,
thar this dissraceiu proceeding should be probed to
the bottom. But he would fan hope that his objection
would be sustained and that this immense audience
assembled to hear the decision of the jury upon ajes.
ton vital to all their interests, would not be driven
away by seeing it lowered to mere personal affair."
IL was IN view Of the importance of this sueston that
we tore up the letters which formed portion of the
evidence that the Court had decided we could not legal
~ introduce We had showed them to the prosecution
and they had read them. What was our surprise then
at the trick otnskng submit to proposition so
dsgraceful IL driven to accept it; be assured
we Will wade through it ALL be the consequences wbat
they may.
Mr. Sout in few words re-satcd the position occu.
Pe ny The Counsel and clearly showed tha the obiec.
ton now made the defence was n legal one
- ne ruled that the evidence should mot be od-
mitred.
MIR Hunt now proposed to the gentlemen to 90 into tho
matter for the sake of public justice.
Mr.. Peyton.-For the sake of public speech,
Mr.. Soue:-We gave you the chance once, and Won
refused.
Mr. Hunt proposed to the Court to admit the evidence
to supply omission.
TIE Court overruled him.
Mr. soult-What do You propose now? uaush
terry
Mr.. '1"nt-To argue the case before the jury,
mr.. Soue.-We propose let it 60 to the Jury, with
out further al g,,meut,
Mr. Hunt distinctly decline all propositions.
IL was now proposed to adjourn, as tho jury were
worn out with fatigue.
Mr'Peyton hoped the Court would permit Mr. Hunt
TO make as good aspeech he could as there was no
design to address the Jury Oh his part.
Mr. Robinson then addressed the jury in a series of
Remarks in which he said that attempts had been n,dc
to influence tho minds of the Jury. (For ourssf we
pronounce this TO be untrue.) He gave the reporers
too, severe dressing. He said that they had given
mutlIaed account of the proceedings; that their state
mehts were chiefly false $50 fur as we are concerned
we are compelled to deny the truth of this allegation
and can bear testimony that the sketch of the debate
gwen by the Picayune true TO the ettcr) Az IN
MIR. kobinsons speech will give it entire in our
pamphlet for 1t is worth preserving us singular argu.
mtn aga'nsttle liberty Of the press, His eudeoyor in
impress the minds Of the Jury with our insolvency were
productive OF no effect whatever. There was ono port
oil MS speech too curious to omit "The party injured
SAID he calls on you, the Jury for revenge If Won do
not punish the deendanand the party injured be man
he will take the law into his own hands,''
After some dispute between Mr. Hunt and Mr.. Souc.
asto the right of reply in which Mr.. s. contendd that
as the defence Ind not answered Mr. Robin SON. if hst
Mr.. Hunt would say demanded reply, he (A1r, 81
should claim that right,
Mr. Hunt addressed tho jury. In the course of his
speech he INDUCED in personalities not unspnriury,
and was frequently interrupted by Messrs Pey,on and
soulc and Gibson. We shall give this moroccan in our
pamphlet IN ertenso, with all the Interruptions espa
natiohs &c.
The case having closed here, the judge CAV. his charge
to the jury which he set forth that intention formed
large ingredient in tho crnnelty of libel This charge
wetba give in full in pamphlet. We must do the
Judge the justice to say ,het his charge was as liberal
us his opinions upon the old English law Of libel per
mittcd him to be. More of this anon
The jury retired, Mr. Avery having been appointed
Foreman.
The Court adjourned until O'Clock, P. NJ, JJpon
assembling was found that the jury could not agree
After some squirting the subject, the
COURT DICHAKGED THE JURY
lhereupon r.T G.. Hunt stated that the case would
be tiled again next month.
Mr. Robinson asked the court for an order to enter ON
the record the facts of this trial Mcssrs Pey,on and
Sonc had no objection if every thing that ,ranspi-
red be acknowledgements and all. (l.aughter)
The Court adj ourned.
Thus endeth this trial for criminal libel in the citv NJ
New Orleans!