The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-05-17
NEW YORK, TUESDAY MORNING, MAY II, 1s42.

Noah then writes back that he is also willing provided
Mr. Bennett writes article, in the way and he
describes Next, then gentlemen, have the trial of
this cause And at its commencement Judge Noah comes
into Court and applies personally for anoe pros. The
Court refused this on two grounds, and the trial
proceeds Now, then, in this libel reference made TO
the mode of conducting that trial Complaint is made that
the District Attorney did not sum up. This is very pro-
pery answered by that gentleman by ing that he docs
no. upwhenthere defence offered the other side
either of witnesses appeal jury The jury
and after interval OF short time In the first case and
hour and half in the last, returned with verdict Of
guilty These the leading facts they occurred in that
trial and is in reference them that the defendant there
fore says that the mode Of conducting that trial from first
to last singular and unusual and that tho charges
tanned in the libel alleged were made. Mr.. lallett is
brought forward explain what part he took in this trans
action. He tells you that this wanted certain
necessary alterations and repairs which the fact
Your seats gentlemen Prerous TO this were on me opposite
side 81 the there carpet and various other
alterations improvements and repairs. deemed ne
cessary and were made Mr. IIaett tells that he
Alderman Lee (who was the Chairman OF the Committee
on Repairs in the Parktha he told him the Court
wanted all these repairs, and that if he preside in
that Court but once he would easily how much they
wanted. Alderman Lee told him that he should be
very happy to preside. Mr. Iialett then writes 10
you that he had already notified Alderman Benson the
request OF the Circuit Judge to have lawyer with him.
Mr. Hallet then that the Circuit Judge into
his office; that he applied to him TO have Aid. Lee
the bench and that Circuit Judge consented And
that upon this he writes another Mr. Vandervoo
4
the word private" The insertion ofhis word private Mr.
aett explains by saying that he entirely ignorant of
any that existed for the Aldermen going the
bench of that Court On the other hand the defendants
counsel say that they had right infer that there
something wrong in this affair simply from the insertion
OF that word private" il for You gentlemen TO say,
II such can be your impartial opinion On the other hand
we have had the testimony of MIR. Hallett and Mr..
Morrill,, who distinctly disavow any knowledge of
any plot, any arrangement contri vance in this
matter Of any kind whatever These the facts
pesentefon both sides and from them you are to draw an
n he sent uc inn
posed upon Mr.. Bennett. 1t is told you, the one
hand that Immediately after the trial. the Aldermen and
the Circuit Judge all agreed that it would be
sufficient to impose a fine. But that after the
lapse of four or five days, and when the par
tence said that the Judge had then altered his opinion
and was in favor of imprisonment In relation to thisth
the Aldermen right and that the Judge wrong.
On this matter nothing. claim for self supc-
rory over those honorable and learned gentlemen
ciaed with me Oh that occasion, as the present
occasion, except what knowledge of tech
meal law supposes. As presume that it will readily
be acceded that superiority is due 10 him who has
devoted his whole life to the study Of the law him
whose attention has only been occasionally directed to it.
Beyond this claim nothing but every thing that is con-
nected with intimate acquaintance OF the human heart
the ramifc atoms of human nature, the wants and
desires and best interests OF society at large, what
will be most conducive to its benefit and the
contrary, and how the great objects all have in
view can be best promotedn all this claimed the
least superiority these gentlemen. Now, to the
sentence. The District Attorney said he had right to
say that the Aldermen in rendering their were
rlgn they must not look beyond the
making up the measure Of punishment. The Circuit
Judge on the other hand, says, that whilst in the
trial OF cause, you must keep yourself confined
strictly TO the record, that in the sentence you
must look beyond and what society requires of
you-what the good of the community seems to de-
mand at hands, and what punishment is best cal
culated to prevent the evils which exist. shall dwell
longer gentlemen the facts of the but comm; to
your candid and impartial Judgment with one or two more
remarks The counsel for the defendant maintain that
the facts in the alleged libel true and that the infer
ence is fair. The District Attorney the other hand
nrfc not pvIt that
the differences drawn from them by the prisoner
malicious Here he referred to the libel complained of
from the Commercial Advertiser and read extracts from
containing the charges as laid in the ndicment Here
charge that certain political associates to be
alludedto here you say Again the libel charges
that there was a conspiracy by those men who were
determined to acquit Mr. Bennett if possible; OF if
that could not be effected to get him OIL with light pun
ishment Is this true! And is Alderman Purdy and Al
derman Lee charged here with being prvy thisl [The
defendants counsel say that all this was proved The nett
charges arrangement to get two Tammany Aldermen
the Bench This the District Attorney true
and that there such arrangement The charge
that resort had to MrHaett assist in this plot
The District Attorney says that there no such thing
gentlemen TO say if it was so, not. II Is also
charged that Judge Lee was very DESTROYS to serve
on the bench. This is shown by the District Ator-
ney sothat Aid. Lee had such desire and that
he only consented to at the request of Mr. Halle
the sole purpose OF attending To those repairs which his
official position fitted him for. Again. in relation the
sentence the District Attorney says that the Aldermen
The defendants counsel says language ,chch il
woald not be proper for ME- TO that they
wrong. Now, gentlemen to to the merits Of
the case. II the facts charged in this public alton
are not true and not proved then clearly the defend
dant is guilty of libel If the facts are true then
the question arises is the inference correctly drawn from
those facts Is il done fairs it done with dccency-w,
proprietywith candor and truth and from good mo-
tive and for ustiable ends the face of it II So in
your judgment, then the defence made out And now
gentlemen will dismiss you with few remarks as TO
yourselves.
Arr (r;ci AZ
there two points that contcnded for which should
be laid before the jury in this part Of the charge
GRAHAM rising)-lfwe are going to sum up this case
WHITING Calmly Il shall not sir The two points are
GRAH,M (warmly)--I his honor is to be interrupt.
wmrrSo (coolly)-Those two are, the conc eament--
GRAHAM (warmly)-Ido most certainly object to this
Judge KENT (coolly)--Let Mr. Whiting go on Mr.. Ora
ham.
WHITING (smiling)-One fact was, the eoncsaim.nt Of
the real author up 10 this hour and the other is, that If
Judge Noah is the author then Mr. Stone knowing him
have ofthe parties this matter, ought
have rolled him authority These points wish your
honor to the jury at this stage of the charge
Judge KEST-Yes shall now dismiss YOU gentlemen
with strict Injunction for you to dismiss from your
minds all trace of party feeling. know its subtle, in
sinuating, dangerous influence and its power. But you
TO judge and decide this matter party men
but as American citizens, and sworn Jurors. | have
endcavorcd through the whole Of this to walk In
the guarded possible and put all restraint
any feelings that might have ofmy own And you must
do the same. Remember, that although you may be
warm party in other places and although to indulge
those party prcudces and feelings may be right any
every where elsehat here you must not give way
or indulge them FOR one moment You not wings you
are not dcmocras but here you take your the Judge
TAX his sworn 10 do your duty with all ipanhty and
render verdict according 10 strict Justice Here you
onlyhmericnn citizens bound to look without refer
encc to their polcs without reference TO their religion
without reference to high low rich poor And That
mar must be either pltiably weak or miscraby wicked
who Ill allow himself to be Influenced by any consider
Grafton OF that kind to do augt than TO cnde1vorto
obtain for his guidance honest conviction OF what
The law i., and what the crime that you are to
try. And 1t IL crime Of the highest posi-
bic nature for cny in s,ich case to allow my
consideration Of party feeling to rest on his mind or nh
cncc him for moment And now, gentlemen, IN conclu.
sion feel due refer 10 my position, and TO
thing stated during the trial to the presiding
Judge being pledged this mater. Here let me
snv first has, 1 am of