New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1842-08-24
Case Of Madame ResteIl.


To tie Public and the Press:
twill be ecoected that about fifteen months since, The
undersigned object OF much newspaper yupera.
ton abuse; every variety ofopprobous nvectve the
language Afforded brought into reqnisllon by which
:s,igmatze the alroeious woman" No epithet was
considered gross vile TO express the holy horror
tartained by truly pure and purely vrluous writers oil
hr news paper anahemas Had the undersigned been
yc;ed of the foul and atrocious crime, stronger or
more bitter terms than those already lavhed upon her,
yoad have been wanng-e vocabulary being IN this par
ocular bankrupt.
e5ec,ipg and impartial mind would naturally inquire
The cause of all this maedction. Was that the object OF
tried and convicted on proper and legal testimony,
OF unheard OF and most horrd arocy-of murder,
mansaughter of arson, of some other henous felony
No. not so. Worse than all this She charged with the
commission of nisdemennor II was this charge, nnsus
,ancd tas the Supreme Court declare) by particle OF legal
testimony which caused this mighty newspaper volcano to
hurs, upon her devoted head.
An erparte affidavit drawn up by of the Police
clerks embelishcd with the horrid revolving and disgust
ing This affidavit (Which be remembered was all there
waste sustain the charge upon ta was eizea win eager
and greedy aydy and published Tar aud near long
before trial. accompanied with such vTuou outpourbes
as would lead one suppose the writer's to be either the
yerest the vcrie hyPocres in Chrlstcndom Long
before trial settled the accused was guilty Every
nerson read one or the public journals, each e
which deemed necessary polite TO say something about
the woman and thus lay claim proportion of morality
this opportunity TO gain heapy supposnS
doubtless that he who pratc Uudes and longest against
inquiy, &c. Will be sure 10 ne considered excessively
vrtuous
After public opinion was thus efeetualls posooed Bls
reasonable probable tn expect that the MINDS o.
those individuals composing the Court before whom the
accused was vet have hearing could be in aconditop
for that cn cool and dsssionate adjudication, without
which, that intended be safeguard and anchor OF our
civil instituens-trial by jury-is an idle ceremony,
mockery deception Judges are but men-'ore OF them
with mins the strongest or most clear very oen WIN
hankerinss after popular favor-who WILL IN trying eer-
gencics hesitate between their duty impartial admins
rao Of the law and the possible personal consequences
of disp(easng supposed public opinion"
do not wish here that the Court of Sessions
acted from other than correct motives Notwithstanding that
seems Remarkably singular coincidence" that througf-
out the whole of their proceedings against me- IN not one
single particular $50 says the Supreme Court did they act
in accordance with the painest simplest, and best esab
l,shed and most fundamental principles OF common law
sa,ue or pr.eedent but, the contrary IN every IN
stance doubtless unintcnona'y violated the cearcst and
dearest rights Of every citizen This certainly singuar
extremely So is nevertheless intend merely to
surys, the gross npropriey fragrant injustice Of the
pnbc press thus in effect, destroying the glorious PRIV
ere of fair unbiased impartial trial by jury contem-
plated by the Constitution, guaranteed TO the veriest
wretch though he should have the sins OF the world 70 an
swer for How this be sttained IT, on the nrs bilSh Of
complaint parte affidavit, however fatse no"e'
or or however abandoned and wicked the party
Inv whom made simultaneous and savage yell from the
press astounds the public the matter Is seized hold e
exaggerated perverted misrePresented, magnihed; the
enormy supposed offence freely and unreservedy
commented upon exhaustion, as though thS party as yet
only accused and whose innocence or guilt TO DO teste
were actually and beyond all prraduenture. guilty
But this not ALL This might perhaps be tolerated. IT. on
finding themselves in the wrong or mlsled or deceived
they had the manly honesty to acknowledge themselves
premature their surHses, and forthwith correct WIN
the utmost publicity any of judgement or ct fact
baya fall Rlt
this partial act OF common justice scarcely ever rem
dered And will venture affirm that not one press
in ten oudnouthed in my abuse, Will even lisp that Tue
Supreme have decided that the evidence upon which
conviction was obtained against Madame Resteii, was
Illegal unauthorized, and lnadHssoie no. e4peclit
nor respecully submit, the press whether such
course not repusnant and dangerous to the liberty OF the
Citizen certainly less 10 be priced thar The liberty oil
the press
take this opportunity to set the public night in relation
~ The matter preferred against me, by presenting to their
noce spcb facts as will enable them 10 judge how much
credepce is 70 be given The affidavit OF the miserable
wicked ard abandoned woman, who affixed her Ssna'
ture il.
II will be recolected that in the affidavit taken in March,
,s4 she states that she called upon me- two and half years
besre viz: in 1884, That that occasion she gave me
pledssticks consisting Of some articles enumerated But
on the trial discovered that she had made previous
affidavit year before, which was produced "a Court,
swearing in that affidavit that she had lost that sesune
ticket consisting of the enumeration, by winch oath
she succeeded appeared in obtaining the articles pledged
Here then she have falsely either in the one
affidavit or in the other Eher she false in stating
that she lost the ticket else she woe falsely in alleging
that she gave it TO Ii did appear in evidence upon
the trial tina, had the pledgecke except by her al
dayi, which aside by her previous affidavit taken
wear before which she swears as having lost IL Had
this woman testified the stand in open Court or where
she would have been subjected to examination, she
would have convicted herself of perjury. Such was the
character of The testimony upon which conviction was OBJ
taiped and would have been urprizns indeed the Su
urene Court would permit such proceedngso have passed
without administering quiet but severe and weerised
rebuke.
Dr. Marvin her family physic ian, testified that she was
woman NJ weak intellect, silly, and easily lniiuenced-
This being So it wondered al thai such ~o
man in the hands OF her nooronsy abandoned and despe
rate husband should have been prevailed upon to testify
in manner which would have subjected her TO The penal
ties OF the law the public 10 bear III mind thai this
W. W. Purdy her husband testified under cath hat be new
er made overtures 10 me- either personally or otherwise to
compromi,e; when gentleman, then one of the Grand
lrrors came forward and testified as follows:
Huron Belts sworn the defence deposed that De
knew W. w Purdy-,hat he requested witness 1--WE OF ure
weeks ago to 90 10 Madame Res,ei and ask her Ii she
would give hun so much money To Keep MS witnesses away
frors the Court He did nanle any particular sum
Witness yer with Purdy from the BoTery down Chalta