New-York tribune. [volume] (New-York [N.Y.]) 1841-1842, 1841-11-30
Z Il E TRIB u N E.
Yrr. !. Kenmore Cooper.

Two DAYS been quietly expecting from this Gentle
man. we received yesterday very courteous and
civil though not altogether reasonable, letter from
his counsel Mr. r. Cooper, in relation to cur Oh
noxious publication. We should be mos, happy
to publish this letter. but considering that it Is
Of business and may be regarded by the writer as
private one, we shall not take the liberty Of 50
doing Suffice it, then, that it very civilly calls on
u, for re,,lction" Of what said. not by
u,. but by our Fonda correspondent, consisting OF
statement of the circumstances attending the
taking of the inquest in tae case OF Cooper as
No.d. and comments thereon. How shall we be
required TO refract what another has stated and
how retract the entire statement, when the great
err part of 1t is sustained by Mr.. Cooper's own
sion of the rnatter7 Finally, are required 10
retract our correspondent Inference that, the Ju-
nv, in awarding Mr. Cooper but $500 damages for
libel which not defended have settled that
amount as the value of his character This infer.
ence is either just or unwarranted if Just, it
ought not to be rctracted; if unwarranted, it can
do no possible harm TO Mr.. Cooper. In either
case, we cannot regard it as any mole libel than
If we had called one of his books failure
Nh Cooper takes hold of the wrong end of
things, and will persist in doing so. If he fetag-
grieycdby any thing we had published, he mad only
to write US, pointing the errors, and we should
have published his letter most cheerfully. This we
do uniformly, as matter of right and principle,
in every OF alleged grievance from statements
in our columns. Instead Of this, the first com
plant we have from him reaches us in the Albany
Argus, accompanied by statement that he has
directed prosecution to be commenced against
US as libelers
This is Just the way Of correcting the errors Of
the Press that do not admire. Now we cannot
retract all our correspondent has stated or in
ierred; for we do most undoubtingly believe that
Mr.. Cooper's course, in pushing his libel suit
against Mr.. Weed to default or the first and then
the second day ef the term, while Mr. w was de-
tanned away by the dangerous illness of his family
the reverse of honorable or magnanimous.-
Such is conviction; if Court and Jury shall
pronounce it libel, We shall be careful not To sag
time. And now, as the very best amende to Mr.
Cooper that can make. we publish his own
SION of the affair, which is as follows
From the Albany Argus.
Tie Ncw-for Tribune, and Albany Evening
Journal. having both published false statements
concerning the proceedings connected with the
inquest taken in my suit against Tnurlow Weed,
at the late Montgomery circuit, | ask room isr the
following statement OF facts.
The cause was first nsticed Ter trial in May last.
MIR. Weed then appeared soithom counsel, and
asked for delay on the plea that he had forgotten
that he cause had been noticed The Judge
granted IL delay OF six mouths on this plea, saying
at the time that the application was exceedingly
feeble.
At the late Circuit we appeared The first day.
and Mr.. Weed did not. The Evening Journal
SAYS Cooper's cause against US stood nearly at
tie foot of the calendar. and would not have been
reached in the ordinary course of business, until
the last Of the week" IL was number thirteen,
in calendar of forty, and reached tho first
day The allegation of the Tribune that Cooper
meved for judgement by default is utterly untrue.
When the called, merely said we
were ready, and when the statement was made
that Mir Wed was detained by the indi>positon
of child, the court distinctly refused to grant
delay on such plea, presented in such a manner.
My counsel were opposed to the delay believing
the whole u be a trick An appeal then
made personally to myself. and | consented to
DELAY untl the should arrive on the following
day in direct opposition 10 the advice of my couH
sci, openly expressed in court, and at moment
when the nudge said that this delay eutlrrly rested
with myself 1t was clearly expressed by me at
the time Of granting this delay, and clearly as
senied 10 bv Mr.. Sacia in behalf OF Mr.. Weed,
that was 10 take my ins lest the next day, unless
some one should appear 10 deteud the suit Mr.
Sacia haI openly stated on the authority OF Mr.
Webb, and as coming from Mr.. Weed, that Nit
Hill LAWYER OF merit, was 10 appear for the de-
PENDANT; but al the time wbeA this statement was
made person of responsibility informed me that
he was confident that Mr.. Hill mad no such intcn-
ton. The cause lay over for twenty-tour hours.
The next day two trains arrived from Albany,
with intervals OF two or three hours before the
cause was moved BY Us. Neither Mr. W eed, nor
MIR Hal had arrived may say here that the
latte, did not attend the circuit at all. Mr.. Saca
asked Tor farther DELAY; the Court answered, II
would grant no delay without the consent OF par
tics. | then stated, left the matter with the
Court, and that | had no faith in the excuses. The
result was an inquest and verdict OF $500.
1t remains only 10 say that Mr.. Weed had plead
ed the general issue, without notice. OF course
he could justify. We held his full admission
OF pusiication, &c, and of course he wa. total,
without defence. These facts were stated by the
Judge 20 the Jury reasons why the defendants
rights could not materially suffer by taking the In
quest The attorneys on record Tor Mr.. Weed are
Messrs Parmeee and Loveridge, OF the city OF
Albany. Neither of those gentlemen has APP
peared in this case at Fonda, any affidavit
but one founded on iiearsay. offered.
have directed legal proceedings to be com
mcnced against the editors, publishers, &c Of the
Tribune and Evening Journal.