The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-09-25

| modern art which places Jon the well formed fe-
male an imitation Of the deformily Of the Hoentot
Venus that phenomen entitled The BUsTLs! Far
from Inc to intfude upon the mechanism and mys-
eres Of dress, but may gently hinthat II The fair
| sex would be content with the many charms given
them by Nature, they would be UNNECESSARILY i'm
proved None oughtto be indebted 10 Art, except
such as owe very little TO the beauty Of nature.
From fae NJ Y. Courier and Enquirer.
WEBB AND COOPER.
1 CoorER's TowN, olsego county,
1 - September 3, 1889.
| The Circuit County Court Of Oyer and Terminer
for the county opened this morning Judge Grid
ley presiding Hammond and Foo,e associates. The
district attorney, MIR. Crippen called the cause Of
the People vs. James Watson Webb, when Mr..
Walworth, my attorney, stated to the Court that
| since my arrival here, a letter had been received
from my counsel, Ambrose l. Jordan Esq, saying
that II would be impossible for him TO attend; and
also, that Mr.. Ogden Hoffman, my other counsel
was engaged IN some other causes in the New York
Circuit, which precuded his attendance He there
fore moved thai the trial be postponed until The Oc-
lober General Sessions, In which Court the indic-
ment was originally found. The district iorney
assented TO q postponement but insisted that the
cause should be continued 10 the Circuit Court,
which is held only in April and September.
William IL. Averill, Esq, commended that as we
were anxiouSo bring this question TO final issue at
asearly period as practicable, and would BE- ready
for trial In October, that we had right TO in
| the indctmeut had been found in the General SEES
sions
Mr.. Crippen replied that the cause having, by
consent OF parties and the order ofthe Court OF Ses
sons been carried into the Circuit Court he should
object to lis going back TO the Sessions.
Mr.. Richard F. Cooper then rose and stated that
his uncle, Mr.. j. Fenimore Cooper, would b. occu-
pied BY important private business in Philadelphia
during the whole OF October that his presence here
witness all important al the time Of the trial
to defend his character against the alleged lbes
that he was authorized TO say, Mr. Cooper intended
TO apply 10 the Court TO be heard in defence of his
| character ~
| Mr. Averill II know not what Mr. Cooper has
/ to do with this matter This is an ordinary indict-
ment for libel against Col. Webb, in which the
People are the Prosecutors on the ground that all IL
bel, may create breach of the Peace i Is the Peo-
/ pes cause, not Mr.. Cooper's When Mr.. Cooper
prosccutes for damages in civil suit, he lays his
venm in distant county, and makes affidavit that
he cannot obtain fair trial here in the Town and
county Of his nativity; but itwould appear, from the
| remarks OF the opposing counsel that MIR. Cooper
4 now asks Of The People of Oisego, whom he swears
will not give him fair trial, vindication Of his
/ character by criminal prosecution to which the
People are made parties. l. sir, object TO any such
| course. If Mr. G. wishes to vndicate his charac-
Ter lei him resort TO trial for damages; but having
made an affidavit that he cannot obtain justice in
this County in civil suit he has right TO the
very people upon whom this impu,ation is cast, to
! obtain redress for his private grievances He has
applied 10 the Grand Jury for criminal prosecution.
His application has been granted, and the question
at issue, is entirely between the People of this Coun
| ~ and COL Webb. / contend, therefore, that we
have right 10 insist upon trial In October, with
| nut references to the Whereabouts OF Mr. Cooper.
The District Attorney Is the Representative OF the
People, not Mr.. Cooper; and counsel has no right
] to urge the convenience OF Mr.. c., much less his
| desire 10 vindicae his character, as cause Tor
vexatious delay Of justice.
Mr.. Bowne.-Qhe law partner Of The District At
torney)-The gentleman says this is an ordinary
libel There are two indictments against Colonel
Webb, the latter Of which is not of an ordinary
character In announcing to the public the fact that
Mr.. Cooper had procured an indictment against him
for review of'' Home as Found y the Courier and
Enquirer, OF which Colonel Webb is editor, charged
that il had been smuggied through Locoioco grand
jnry-thus libelling The Jurisprudence OF this coun-
Iy and both indictments involve nice questions
Of law which render them any thing but ordinary
libes,
Mr.. Walworlh--The remark that Colonel Webb
has libeed the jurisprudence OF this county Is I'M
called TOR. and intended for effect. only know that
the Courier and Enquirer did charge that the first
indictment had been Struggled through the grand
jury, and knowing, as he did, that Mr. BOVINE the
partner OF the District Attorney, had been fed by
Mr. Cooper 10 procure the indictment, long before 1t
was found-knowing, as he did, or was advised, that
the indictment, regularly drawn up, was submitted
10 the grand jury instead oil being the result ofheir
deiberations-he had light 10 infer that the pro-
ceeding was an unfair one; and hence the language
| referred 10. But, sir, this has nothing to do with
the motion before the Court. We claim a trial at
the earliest day practicable; and the term of
the General Sessions Is to be holden in October, and
| inasmuch as the indictment was found in that Court
we claim trial at that time.
The Court-Justice Gridley.-I am decidedly OF
opinion that this is cause which should be tried in
the Sessions where the indictment was found II is
of far less importance than causes which are usually
tried in that Court which is abundaniy qualified to
determine upon any question Of law which may
arise; but my associates who are Judges of that
bench have an equal voice with myself in deermn-
ing this motion They have overruled my opinion
and therefore, the decision OF the Court is that the
trial be postponed ill the April Circuit.
| Mr.. Averill.--lf the trial cannot take place In
October, we are compelled 10 ask that IL be post
poned until The following circuit as April will be
an inconvenient season to bring Witnesses to this
place, and because one OF the counsel retained by
Col Webb, the Hon. Ogden Hoff nan, will then be
engaged 10 the discharge OF his public duties at
| Washington
To thus arrangam ,nt the Court assented, and the
trial was accordingly put over till September cir
cult Of next year.
| was then arraigned on the second indictment:
and IN answer the usual question whether wished
IL read replied in the affirmative, when the Dis
trict Attorney proceeded 10 read. II charged me
with having traduced the character Of Mr.. Cooper
by describing him as the greatest libeller 10 the
country who had traduced his country and
countrymen, and every thing American by whole
sale. The reading OF the Indictment having been
| finished, pointed out 10 the Court and Jury the
fact that in this in the previous Indictment the
burthen of the charge was that Mr. Cooper was ira
duced, and not, as had been cunningy insinuated,
that the Jurisprudence Of Otsego was assailed.
| The District Auorney.-Tbere is another count
/ in the indictment which relates to the attack upon
/ the jurisprudence OF the county.
| MIR Averill.--Well, from the statements which
| have been made here in regard to the manner VI