The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-02-10

or hold them up to the hatred, ridicuIe and CON-
tempt OF the community Or whether ii is merely
aharmless jeu d'sprit bitter, il you please, and with
some freedom cf expression, or go0d-ustured Car
feature withou any malice, really any intention
Of producing such a feeling for Mecsu LyRch and
Noah. As said before, gentemee, 1t il for your
deliberations to say; you are the Judges oithe whole
matter, and with these remark j submit il TO your
decision.
There was considerable laughter whilst the Dis
trlct Attorney was reading the libel; and there
a great deal Of tttering when the Jury went out
As there had been no defence. Of course, they re-
turned into Court in ten minutes with verdict Of
guilty
THE COFFEE INpIcrnxHr.
Mr. WHITING then called on the trial of the coffre
indictment. which was the original cause of all this
commotion.
Mr.. MORRILL, made motion similar to what he
had done in the other case.
Anew Jury was empanelled.
Mr.. WHITISa stated that this indictment was tor
report Of Coffee Case, and was headed "a Curious
Case OF receiving Stolen Coffee" He also observed,
that as only small parts of this report were alleged
TO be belous, yet as these consisted Of interechons
| the whole was most admirably told and worked up
| together with great skill and humor, he should be
compelled to read the whole for their edlfication
MIR. WHIrINc then read the report of " Richie g
Coffee Trial, published in the Herald of the 18Th OF
June, lS4l. And such an effect as it produced has
not been seen in that Court for long time past:
Mr.. Whiting was continually interrupted by loud
bursts Of laughter which all the dignity and gravity
| and Lee could no, keep their countenances, and
| once or twice laughed outright The Jury who
were TO try the cause, tried to keep from laughing,
but could not; the lawyers held their hands 10 their
mouths, TO preserve decorum The reporters laughed
| heartily and even Judge Kent himself had once
or twice to relax the austenty OF his features and
gave way to the impulses Ct nature for moment,
before he thumped on the desk with his little ham
r.. IL Il
the time he was reading. He emphasized every
word most admirably, gave every joke with zest
and gusto and declared, when he got through, that
he never had an idea how good report was until
So general was the of The ludicrous seen here,
that Judge Kent suggested to Mr. Whiting that he
had better stop reading. Whiting, however, en-
joyed the joke too well, and continued reading about
two thirds OF the report, when seeing that The rlsbe
faculties of the audience, jury, bar and bench, were
likely to burst all b.unds, Judge Kent stopped the
reading before half the alleged libeous matter was
read to the jury.
Mr. Whiting was going on to state that with the ex-
ception Off few humorous interjsctiens thrown IN,
In few places, the report was one Ct the most ad-
mlrable and correct ones that was ever made the
Judge thought he had stated enough to the jury.
He called Henry VandervOOrt, who proved again
that Noah was on the bench during that trial.
Mr.. Whiting said he had nothing more TO say.
MIR. Morrill, said the same, and added that he
was perfectly willing that the Jury SHOULD take the
HJUDaE KENT said, that as probably soyne of the
Jurors had not heard all that he had before said, ne
must 60 over his remarks again. lie then repeated
the substance of his formeTcharge. In speaking of
the power of courts to punish for contempt and false
reports, heladded, the other hand, courts are so
well protected and sufficiently grounded in public
opinion, that they are not affected by a harmless,
good.na report of their proceedings, even
though that report be in many instances not strictly
correct. The only question here, gentlemen, tor
for you to consider, this a malicious publication
(he laid great stress on the word " malicious,
tending to blacken the character OF Judge Noah,
and to hold hini'up to hatred and contempt. IL 60
you will find verdict OF guilty. u, on the other
nand you look it aclever, well written report
interspersed throughout with wit and humor-
done without any malicious motive-a mere harm.
less jfu desprit, containing perhaps some freedom OF
expression, and going little beyond the line OF
sifici decoruni, and not designed to inJure Judge
Noah, you will fad verdict Of not guilty.
To the astonishment of every body, the jury alter
being out nearly two hours returned verdict OF
guilty IL would, of course, be hbellous to ssy that
any Of the jury looked as red as turkey cock but
II Is the truth 10 say that one or TWO looked deep
red, one or two did not look deep read on the
contrary they looked rather pale. and decidedly
What these were the signs oil we shall not attempt
10 say, for fear Of % complexion indictment; but
as we mean 10 mske accurate report as possible
we may say that il was said that there were one or
two uncommon stubborn chaps on that jury who,
like the man in P,ckwick did every thing upon prn-
ciple but he, ii may De remembered, one day kill
ed himself by eating crumpets upon principle.
The Court told Mr.. Morrill, they would grant him
time to pat in affdavits IN the case.