New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1842-12-12

the Judge would tell the Jury that our law was no
law whatever or had nothing to do with this case.
$50 he did-Cooper was right here.) In short,
our speech could not have been meant to apply to
this case, but was probably the scrapings of cur
Editorial cleset-nere odds and ends-what the
Editors call Balaam' Here followed historical
DEPRESSION, concerning what Editors call Balaam,
which, as il was intended to illustrate the irrele-
vancy of our whole argument, we though very per-
tinent 1t wound up with what was meant for a
Joke about BALKAN and his ASS, which of course
was good thing; but lis point wholly escaped Us,
and believe the auditors were equally unfortu-
nate. However the wag himself appreciated and
enjoyed it.
There were several other jokes Eve suppose
they were) uttered in the course of this lively
Speech but we did MT get into their merits, (proba
bly, not being in the best humor for joking:) but
one we remembered because it was really COED, and
came down to comprehension. Fenimore was
replying to our remarks about the handsome Mr..
bingham, (:ee Speech,) when he observed that
if we should sue him for libel in pronouncing US
not handsome, he should not plead the General
Issue, but Justify That neat hit, and well
planted We can tell him, however, that if the
Court should rule as hard against him as it does
against Editors when they undertake TO justify ne
would find it difficult to get in the testimony TO
establish matter even plain as our plalnness.
Fenimore now took up the Fonda lbel-sut, and
fought the whole battle over again, from beginning
to end Now we had scarcely touched on this,
surprising that, since we did not justify, we could
only refer to the statements contained in the publ
cations put in Issue between u.s. and that the Judge
would check u.s. if we went beyond these fenl
more, however, had no trouble; said whatever he
peased-much of which would have been very
pertinent if he instead of we had been on trial
showed that he did not believe any thing OF Mr.
Weeds family being sick at the time of the Fonda
Trials, why he did not, &c. &c. We thought he
might have reserved all this till we got down TO
dinner, which every body was now hungry for, ard
where it would have been more in place than adj
dressed to the Jury.
Knowing what we positively did and do of the
severe illness of the wife of Mr. Weed and the dan
gerous state of his eldest daughter at the time of
we do-the jokes attempted to be cut by Fenimore
over their condition-his talk of the story growing
up from one girl to the mother and three or four
daughters--his fun about their probably having
the Asiatic Cholera among them or some other
contagious disease, &c. &c. however it may have
sounded to others, did seem to us rather inhu--
Halo there we had like to have put our foot
right into it, again, after all our tuition. We mean
to say that considering that, just the day before,
Mr.. Weed had been choked by his counsel into
surrendering at discretion to Fenimore, being as
sured Correctly by said Counsel that, as the law
is now expounded and administered by the Supreme
Court, he had no earthly choice but to bow his
neck to the yoke, pay all that might be claimed OF
him and publish whatever humliations should be
required, or else prepare to be Immediately ruined
by the suits which Fenimore and Richard had al
ready commenced or were getting ready tor him
considering all this, and how much Mr. Weed
has paid and must pay towards his subsistence
how keen!y w. has had to smart for speaking his
mind of him--we did not think that Fenimore's
talk at this time and place of Weeds family, and
Of Weed himself as paltry that ne would
pretend to sickness in his family as an excuse TO
keep away from Court and resort to trick after
trick to put oi' his case for day or we-it seem
ed to us, considering the present relations OF the
parties, most upgen- There we go again We
mean to say that the whole Of this part OF Mr..
Cooper's speech grated upon our feelings rather
harshly.-We believe thai isn't libel. (lhis
talking with gag in the mouth is rather awkward
at first, but we III get the hang of ii in time. Have
patience with us, Fenmore one side and the
Public on the other, till we nick 1t.
On one point Mr.. Cooper was not quite
candid Having assumed to talk over all this
matter, Weeds conduct, his own views, feelings
Sc. in Court, and been permitted TO proceed In ii
to the end, he ought, seeing we were not allowed
word after him, to have stated the fact that Mr.
Weed arrived at Fondu barely a few hours after
his case had been itigated in his absence, and cav
en- TO the Jury dead against him. AS 1t was. the
jury we're left with the impression that ne neither
did nor meant TO attend that trial at all
Personally, Kenmore treated US pretty well on
,b;s tr;al-let us thank him for ,hst-and so much
the more that he did it quite at the expense OF his
consistency and his logic. For, after stating
plumpIy that he considered us the best OF Inc
whole .Press-sang he had been fighting with, he
vet went on to argue that sill we had done and at
tempted with the intent of rendering him strict
Justice had been in aggregation of our original
,respass Yes, there he stood, saying one mo-
ment that we were, on the whole rather clever
fellow, and every other arguing that we had done
nothing but TO injuro him wantonly and malicious
" at first, and then all in our power to aggravate
thai iniurv What a set the rest Of Us must be }