The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-10-05

Before Recorder Tallmadge and Judge Lynch.
JAMES r. WHITING, ESQ, District Attorney.
Der. 4-C,ntempt Of Court.-At the opening of the
Court the District Attorney called Anson Herrck and
John f. Ropes publishers the Aurora who cited
to appear for an alleged contempt of court in publishing
article relative to the trial Of the Rev Mr. Antoine
yerren, which was read by the District Attorney.
&The Court stated that the article alluded to purpotng
to be report of the trial. grossly ncorrecthat il
was calculated bring the witnesses into contempt and
ridicue and that as they were compelled to attend BY
tect them while before it. They, therefore, should in
this case impose mild penalty compared with future
offence of the character. The court then ordered
that fine of S25 be imposed Herrick and Ropes for
contempt of court in the publication OF the article.
when Michael walsh the Reporter Of the Aurora drew
the amount from his pocket and rendered it to the clerk
which Herrick refused, and Walsh left the court
with his money lying upon the table
JAMES GoRpoN BENNETT appeared before the Court
for the article that appeared in the Herald of the
2sd ul relative to the trial Of Mr. verren, which was
follows:-
General Sessions.
Before Recorder Tallmadge Judge Lynch and Aldermen
Carman and Bonnell.
SEPT. 22-TridI of the Rev. Mr.. .4nt0ine Psrren.-The
alleged charge Of perjury made against this gentleman
Barteemy who has recently ed his time out for IL
eonductedby Attorney General Barker and H. N. wes
tern ESQ., the District Attorney having declined to act
an attempt made to indct him for suborhation oil
perjury in the same bill with Mr. verren. The defence
was under the charge Of Hugh Maxwell and Ogden HofE
man, Esqrs. De Bullion was sent for from B1ackwe's
Island, where he is now serving out his sentence and
brought upon the stand as witness to sustain the aleg
ed perjury He detected in his alton in
all sorts Of contradictory statements and finally admitted
that he had assumed two namesthat he educated
Catholic priest joined the Protestant church under the
charge of Mr. Verren and held the office of secretary of
the vestry witho changing his religion! and worshpped
in the church according to all the forms Of the Protestant
faith He stated that he did not believe in the binding
nature of oath taken the Protestant Bible! (This
question answered after he had been the witness
stand two hours giving his testimony against Mr. Verren
and after having to tell the truth Protestant
BibleY If such ahypocrite and convict can satisfy u
ry of this country that any thing he say under oath
entitled to the least credence honest by the thou
sands will be compelled become his associates
Blackwells Island"
Mr. BENNETT stated that he had not seen the article un
til after was published having been written by of
reading he could not discover anything that appear
ed like contempt for the its rules unless the last
five lines could be tortured into such meaning. He
wished however hear the opinion ofthe upon the
subject, and if they thought there any thing in the
article of contempuous character he ready to sbu
NIT to the decision OF the court.
The RECORDER said that there material difference
between the report in the Herald and that in the
evidence and therefore did under the provisions
of the statute prescribing the powers of the court it
contained nothing that could be construed into contempt
The matter was therefore dismissed
Judge LYNCH said that he considered the last five lines
Objectionable they calculated to PREJUDICE the
tmony of witness. He concluded however thot there
nothing in the article that brought under the
tute and therefore concurred with the Recorder
Senienced.-Samuel Schermerhorn pleaded guilty to
stealing COW from William Walton, lie Nineteenth st.
and was sentencedt to six months in the Penentiary.
Connected George Calhoun convicted Of petit lar
ceny and plead guilty to another indictment for the
offence when the court sentenced him to six months
each offence.
Robbery in The First DegresJohn Riley and VIM. sto-
ry convicted of robbery in the first degree and
fenced to ten years each in the State prison.
Petit Larceny-John Harrison and Daniel Cammcdy
were tried for petit larceny The latter acquitted,
and the former convicted-sent up for six months.
The court then adjourned till this morning at eleven
O'Clock.