The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-05-15

manner With having laughed did smile. iriH tell
you phy! smile raised BY the peculiar manner
il which single 1,a ssi rel near ss close @ s
The rery talented and py reporteror rey talente
he hare been and rery witty toohGd report Of
prored 10 Be true But 4: Gad rown n here and here an
intersection which made the Judge appear rery funny
feHor rey eersr rity erceiisnt jeu d Esprii
and seen that word sps so before and iarhed
at the ingenuity and talent displayed by The clsrsr repors,
in ths spelling q that Tord But, gentlemen mmedi
aely repressed the smile and conducted that trial in de-
corous manner and appeal to the judge the bench
such was not the case-that did not perform my duty
in proper manner But the District Attorney did not per-
form his duty, because he did not abuse Bennett
ought to have blackened his character and to have de-
say he is. and then should have done my duty have
however yet to learn that is the duty the District At
torney to DO so in case where comes into Court
and admits ms offence however bad wicked, malicious
he be If the other learned gentleman learned the
duty ofthe District Attorney So did not What the
District Attorney do more than produce the evidence and
lay before the jury for their verdict What his
duty to do II is sometimes his duty make application
for mercy for poor friendleSs destitute creatre To
having done So would plead guilty have been wrong
in so dsng my duty to ask the Court to send Ben
nett to Backwels Island or to let the Court perform its
duty in passing sentence without my interference They
the District Attorney ought to have produced ada.
Wits in aggravation Of the They the Judge
overruled by the Aldermen. They have produced
the opinions delivered by the Aldermen and the Judge
which thank them. From those opinions I can pledge
cult Judge, for whom have great respect in every
particular wrong Let call your attention to these
opinions. The Judge not ovcrruled point of law
although have Known where the Aldermen asso
ciated with the Judge have overrued him q principle
law and have proved to be in the right The question
which they differed was merely the amount Of punish
mcntand what adv antsge the learning of the Judge
enabling him to decide that question The Judge don't
is 80 himself appears too from the evidence that
instead of the Circuit Judge being overrrued had the
ence been given when the jury their verdict there
i will nj fnexx sufE
cent punishment but subsequently, changed his mind and
could not present sufficient to the Aldermen in
luce them to alter theirs and that the difference be-
tween them 1t is merely failure on the part of the
Judge to find sufficient reasons to induce the Aldermen
change their opinion.
Mr. WHITING then commenced reading the opinions Of
| the Aldermen commenting on the different parts he
willing consider the libel part satisfaction for the H.
bells he had perperated Mr. Bennett and says he admits
that he had lbeed Mr.. Bennett most-And still Bennett
must go to Backwell Island. It stated that Mr. Bennett
had sworn the article got into the paper without his
neutrality-suspicious. swears this tooMaor Noah states he
knows this to be the caseBennet had stated this in his
affidavit
Oir. Kechum inerrupting the District Attorney-"Did
Is here y Ketchum-"I Is it in his paper District
Attorney"I don't know do not read the paper, il you
do tell"
Mr.. Ketchum told by Judge Kent, that he not
interrupt the District Attorney.
Gentlemen, continued the District Attorney, we are
| though the learned gentlemen wish to of the
record. Instead of looking they have done those
opinions politicians they oughto have looked at them
| as impartial men.
Mr.. KErcHuM here again interrupted the District At
orney and after asking question the District ATTORNEY
again proceeded have confined my views strictly the
record These gentlemen undertake to destroy the repu
ation Of two honorable men, because they declined to
punish Bennett for crimes Of which he had not been
vioed. These confined themselves merely to the
subject Of the trial They discarded all extra
neous matter sentenced him for what he convict
ed have veto learn that is charged with assault
ing B. and tried for another assault on c. that when
viced of the assault c. he is to be punished likewise
C,rt that FIR he has Oth eap lad Thosa
Judges in concluding their opinion, say"We shrink not
from giving publicity to opinion, and after mature
fine and request the Circuit Judge to announce it
opinion. find gecemen, feel warranted in saying
warraned The punishment ,Uas greater than the offence
deserved This gentlemen inspires Colonel Stone who
listens to the opinion OF the Circuit Judge goes home
Judge Kent had said was worthy OF imprisonment
Now Judge Kents opinion states that the Aldermen did
tion did they look beyond the libel ITSELF and there
take any extraneous circumstances into consdera
fore inflicted nejust the they ought to have
taken, gentlemen The gentleman says Benefits paper
is filled with attacks private character II does he
read it 2 Are there none to prosecute him None to
nett than Bennett lbelled him. If Bennett commits
these crimes why is he not indicted and punished It is
easy to make assertions but why do not the gentle
men bring witnesses TO prove their assertions :?
Mr. KETcHuM here again interrupted MIR. Whiting and
Judge Kent obliged to interfere and request him
allow the District Attorney to proceed without Interrupt
ton.
The DnrRIcr ArroRsEr continued. The counsel
a
without a particle Of proof in any case except the
one for which he was tried and punished. Colonel
Stone present when the Circuit Judge bore
testimony to de worth and responsibility Of the two no.
norable Aldermen whose characters by the agency OF
secret person who is screened by him. he endeavors
destroy in this article An independent journalist would
have given up his author but not Colonel lSone We
wanted to get at this secret agent That what
wanted to do and that what have tried to obtain by
ofthis trial. II this is the first time that Colonel
Stone has been tried does prove that is the first time
he has committed bell No. II shows the vantage
which his secret individual would have in making his
paper the vehicle Of his sanderous matter Did not Col
Stone attempt take this before the tribunal where
Judge Noah, the person whom his counsel would cndea
TO makeit appear the informant Of Colonel Stone
presides Here Mr. Keehum rose in very excited man.
and pronounced the District Attorneys assertions
outrageous and malicious ialsehoods, and behaved in
such an excited manner, that Judge Kent was com.
PEELED TO interfere in very decided manner, and
quest Mr.. Kcchum to allow MIR. Whiting to proceed
without inerruption) Mr.. Whiting after referring to the
nuisance oft he interruption said the counsel says is
false here is the affidavit Of Colonel Stone himself The
District Attorney then read the affidavit which sustained
his assertion in every particular After explaining the
law applied to this and reading and commenting
the outrageous libel which the subject of trial the
District Attorney concluded by eloquent appeal the
jurors expressing confident hope that they would vnd
cate the majesty Of their Courts Of Justice by bringing
in verdict Of guilty according to the evidence offered
to their consideration and which would remove all those
stains from the characters of Aldermen Purdy and Lee
which had been them by this libel and send them
from this court as pure and honorable men.
The learned gentleman sat down completely exhausted
having been his feet upwards Of FIVE hours and having
evidently produced great effect by his powerful and
eloquent address to the jury.
Judge KENT will deliver his charge to the jury on
Monday morning.
CRY Intelligence.
DErARTuRE Gov DoRR.-Considerabe preparation
made yesterday by the Democrats of Tammany Hall
to give Gov Dorr escort to the Providence boat his