Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-04-19


Court Of Sessions for several days past has created
the city, and in almost every class Of So
ciety greater sensation and more marked curiosi-
y than any trial that has taken place. since the me-
morable one of Richard p. Robinson. This interest
has been produced by the extraordinary disclosures
made by the witnesses-thc glinpses which the
evidence affords Of the morals of certain classes of
socety-and the connection and bearing which the
administration Of the laws has with the moral prn-
ciples which regulate certain orders of society and
begin already to affect the pcrmanency Of our re-
publican institutions
Between the hours Of two and three o'clock yes
terday morning, after paper had been put to
press the jury returned into court, stating that they
could not agree. The following are their names:
Charles G. Wilson, foreman; William c. Russell,
Levi Jennings, Benam Gale
Samuel Querpel, Trueman Bartholomew,
John T. Fisher, Peter Morris,
Abraham Crocheron, George M. Tracey.
Arthur Harrison, John c. Downing.
Three times this jury came into Court, and each
time the foreman stated to the Court that there
not the slightest probability of their agreeing on
verdict His Honor, Judge Morris, asked if the
Court could in any wise assist them by explain
ing further the law applicable to this case
The foreman said tina. it was not much on the
question of the truth of the publication that they
y
was published His Honor stated that the Court
were of opinion that the publication not made
with a good motive, because the parties were all
private individuals and the public could not be said
to be in the least interested in their affairs The
Jury again retired, and were subsequently, dis
charged.
OF the nature of the division Of the jury we have
heard conflicting statements-some say that nine
were for acquitting-others that only feur for
acquitting-four believed that the truth publish
ed but not published for justiiabe end, and the
remaining four for finding Dixon guilty.
On the discharge of the jury, Dixon remanded
again to prison, there being several ether indict-
ments pending against him. and in particular for
a libel on the character Of the Rev DR. Hawkes..
These are the closing proceedings of this strange,
startling and extraordinary tral-a trial which has
made yelopement Of the state of society in certain
quarters Of the city, more remarkable than ever
dreamed TO have existed On reading the evil
dcnce this trial. Invested of all the Crossings Of
both sides, we are astonished that the
III the late Mr. Minturn ever permitted
Ills Indictment to be found, permitted the
trial to proceed after it found We are
persuaded they would never have permitted them
selves to be involved in such prosecutions at all,
had they not been under the influence Of unwise
c0unseI ana pima EufueS NO man ConsCious Oh III
tegrity honor, principle and virtue, fears the
shafts of the belIer. 1t great mistake to suppose
tha, lampoons on any persons character, provided
that character is vrtuous, can affect reputation per-
manently in community where free press and
free institutions prevail. We certainly condole
with the respectable come ctions of MIR. Minturn
that so lame conclusion should have come out Of so
much active preparatons-but in law as in war or
stock obbng the race is not TO the swift the bat
tie to the strong
There is however, another, and a mere important
view 10 take OF the strange disclosures growing out Of
this trial.
Ever since the dc velopements made the trial Of
Richard p. Robinson the public have been convinced
of the existence Of state Of libertinism and lcen
tiousness-daily and nightly practised in this city,
against the virtue and happiness Of domestic life, that
cannot be paraeed out fthe corrupt capitals of Eu
ropean debauchery There is in this city lotteries OF
Young men, many in pectable and fashionable soc-
ety. whose whole leisure time is employed in licent-
business, seduction, and decentralization. These cote
ries not confined to any particular class. They
perry ade the commercial, financial, medical, and
the clerical classes The pretty wives Of spectacle
husbands, in the middle and lower ranks Of life,
the fair game for these lbertines Of the beau monde
We have heard, and daily and weekly hear, OF cases
oil TINS uesCTiptioh VI tue
and IL we were 20 publish all could prove these
points, il would not be believed by tenth part Of
this community These fashionable libertines, by
their political ctions with the courts, lawyers
and juries, at any moment stife the voice Of
truth-and make black white, white black, when
ever it suits ther purposes TO conceal their wicked
ness and to preserve the reputation OF their friends
from the consequences of their own acts.
But one Of the most remarkable points in this
is the opinion given by the Judge that because "the
individuals were all private the public could have
interest in their affairs and therefore, the pubca-
ton was not made with good motive
We conceive that this opinion is only way TO
frtter away by inference the bread principle Of the
constitution guaranteeing the liberty Of the press
The principle which the institutions Of republic
are founded is a principle Of morals in official
well as in private life. Every thing that affects this
great basis, is public, and of the most momentous
public character too. The Judge supposes that no-
thing is public but that which may be called political
either dirty wing or drtier locofoco. Here lies his
mistake in applying the law. One man kills another,
and because they both private individuals If the
| press makes comments il may be construed into a
| libel Another man seduces his neighbors wife-or
al least meets her clandestinely and breaks mp the
peace of family. and because both the parties
not in Off ial ife the motive os the press in
enting upon such acts, is TO be considered unlas-
4 Ill. H.