The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-09-17
General Sessions.

Before Recorder Tamadge and Judge Lynch.
Sentenced William Prentice and Charles Rum
ley, Chatham street clothes Dealers previously in
dicted for gross assault and battery on Job Haskell,
were fined $40 EACH
Albert N. Merriam. convicted of forgery in the
third degree in 1889, for initiating the signature of
Miller " Banckerto certain promlssOry notes, was
then called up for sentence. The Recorder stated
that this case had been carried to the Supreme
Court on a bill OF exceptions, and returned to this
Court with directions to proceed to sentence, which
was pronounced to be three years in the State
prison.
VIM. ]. Smelling, formerly editor Of the Flash, ap
peared in Court and presented himself in front OF
the bench for sentence. The Recorder stated that
the other persons who had been found guilty of pub
fishing obscene sheets were to be sentenced on Fri.
o o ''eA anu ''A' ''' case "'''' ''A D''p's''
Smelling turned away, and as he was leaving the
Court room remarked to the Recorder that she
should be dead before them" He looked the very
object Of distress, and presented the wreck of
once brilliant but now darkened mind.
Emily Tooker who was convicted last week OF
keeping disorderly house in Benson street, came
Davis sent to collect, and which was paid over
to the Clerk of the Court.
Mary j. Yates. who occupies house US in the same mn
d who ssG @ OF Keeping dis
Trial fm Liba.-The trial of Dr. Lucius S. Com
stock, for libel upon VIM. j. Burrtt, charging
him with countereiting the preparation of Tayor's
lor, was commenced.
VIM MULocH, Esq, appeared for complainant, and
A. L. JoRDoN, Esq for defence.
MosEs Y. BEACH was called 10 prove the publica-
ton of the advertisements considered libeous, as
published in the Sun. cory OF this paper was pre-
scented, containing editorial reference to the ad
vertsement alleged to be libellous. The manuscript
was brought to my office by the young man who
had brought other advertisements from 375 Bowery
| do not know that Comstock ever saw it. Mr.
Comstock called upon me to make an editorial mo-
tice relative to long advertisement published in
the Sun, headed "The Question Settled" This
was previous to its publication was on the Grand
Jury at the time this Indictment was found, and
told them that could not how they could fix the
publication of this advertisement upon Comstock.
received the pay for the advertisement from 375
Bowery, the place kept by the widow Thayer, and
had advertised the same Balsam OF LiverwOrt for
six or years BEFORE while the husband OF Mrs
Thayer was living.
The Recorder here asked Mr. Beach whether Mr.
Comstock had brought the manuscript for publica-
ton which is considered libelousl
Witness answered that he did not, and that the
only request made by Comsock was that he should
make an editorial reference to it, which was re-
fused
The Court then stated that in their opinion there
not evidence sufficient to prove that defendant
had made the publication.
Mr. J. Burrtt, called and sw orn.-I am acquant-
ed with the hand writing of Lucius 5; Comstock,
and think that this the blue paper which is part
of the manuscript given to the Sun ohce, Is In his
nand Wrllng.
Cross-eramined Il have not been in his store
within five years. Ihave not seen him write within
tour years. | have some of his writing with me,
which witness handed counsel Of Comstock. am
the prosecutor in this cause.
Wilson Carleton, one of the clerks of Mr.. Com
stocx was shown that portion of the manuscript
which Burritt had testified was in the handwriting
of Comstock, and ne stated that it was not Com
stocks writing.
Albert l.. Comstock, brother of Lucius s. Com
stock was sworn.-I do not think this handwriting
on the blue paper is that of my brother:
VIM. w. Clay, druggist, sworn do not think
that the handwriting on the blue paper looks at
all like his handwriting.
The counsel for prosecution here said he should
rest his evidence, and was about TO proceed TO
read the alleged libel, when counsel for defence
objected, and the Court, after hearing short ar
gument on both sides, decided that there had
been nothing like sufficient evidence to show that
Comstock had authorized the publication, or that
he had written that portion of the manuscript al
legged by Burritt to have been in his handwriting
The counsel for prosecution entered their ex-
ceptions to the decision of the Court, and the
jury returned verdict of not guilty, which puts
an end TO the case forever.
The Court then adjourned to Monday next.