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

Court OF Oyer and Terminer.
This court met yesterday, to dispose Of the case
Of the celebrated coffee Indictment and second u-
dlctment growing out of thar one. The pork IN
dicment, for SEINE unknown cause, was not sent up
Tor trial There was some curiosity to see how the
about two thirds full A, half past ten, Judge Kent
and Aldermen Purdy and Lee entered and took their
seats.
Dir. WHITING called on the case Of James Cor
don Bennett.
JONI A. MORRILL, then rose and said, that Judge
Noah had arrived in New York the day before, aud
he had written to and received an answer from him,
in relation to noHs prosequ being entered on each
of the indictments; Judge Noah had replied that ne
was perfectly willing the matter should take that
course, as far as he was concerned and that JUDGE
Noah was now in court, connected with this appi-
| cation.
Judge NoAH.-As far as am individually con.
cerned, am perfectly willing that noAe prossqui
should be entered in.these cases Indeed. from the
hrst had no feeling or interest in this matter. 1t
of one Of the petit jurors (Cyrus Chenery)- made
| the complaint. And so far as l am concerned, am
willing to have il settled thus. The whole affair has
undoubtedly arisen out of long editorial quarrel,
and perhaps ought to say that Think the balance
OF the aggression was on my part Therefore, have
no desire to injure Mr. Bennett, press this matter
farther against him but am willing for myself that
nole prosequi should be entered
Mr.. MoRRELL then moved the Court that a MOLE
| pr0sequi be entered on each indictment.
The Court said, by the revised statutes, the
Court had not the power to order a nole pfostqui
to be entered in such cases, but that it, with regard
TO Judge Noah. the District Attorney made the ap.
plica,ion, the Court could then grant it or not as
they thought proper Still, in the Of Judge
Lynch, the Court saw nothing to prevent the trial
gsing on
Mr. WHITING said that his duty was very simple
and clear one; and that he could not feel authorized
to apply for a nole proseqn in the case.
Mr.. MoRRELL then read an affidavit of Jas. Cor
don Bennett, deaying the validity of the indictment,
nasmnch as Judge Lynch, one of the parties inter-
charged the jury 10 relation to this case which
He also read notice of motion to the District At
torney, to have the Indictment quashed, on the
grounds set forth in the ai davt. Mr. M. then read
the law on the subject from p. 257 I'd vol. Revised
Statutes.
Judge KESr-The Court can see no reason to
quash. The law very wisely prevents Judge sit
ting in where he is interested, but does not
reach this case.
Mr.. WmrIso-we shall present the fact that the
indictment was sent here the 10th September, and
is in proper form.
Mr.. MoRRILL-Wel. sir, we ask the Court to note
the objections that have been presented shall
reserve the right. We admit that Jas Gordon Ben
nett was proprietor and editor Of the New York He
raid, and suppose the case must 60 to the jury.
A jury was then empanelled
The CovRr told Mr.. Morrill, he had the right to
move IN relation to his exceptions hereafter
MIR. WHITING then stated to the jury the c.rcum-
stances under which the indictments were found,
which he truly remarked, were Father extraordinary
The indictments were found the 18th Of July, sent
into this Court the 10 h OF September for trial;
the 9th Mr. Bennett pleaded not guilty, and they
are now brought or for tia. And we have now,
gentlemen, the singular spectacle Of one of the very
parties complaining, one OF the judges, said to be
belled coming into Court, to ask for noue prosqui
to be entered, confessDg that he also has ii0eIled
others considerably and that perhaps ut that business
he has done the most. have no disposition TO fluid
fault quarrel with this opinion of the Judge he
ought to know best; and at the same time. do not
wish it to be understood that have any feeling or
interest in pressing this matter; rather the reverse
have no wish that MIR. Beanetl should b. punished
for this NATTER that it should be thought IN al the
District Attorney IL opposed to one Of the Judges
to have person punished for an alleged offence
when one Of the Judges confesses he has committed
began the battle, and there is still balance of abuse
due to him yet. Bat still ! think this is not
the proper time for such application to be made
Whether this is matter in which the Judge thinks
can't undertake to say. But there are some state
ments made by the Judge that requires correcting
i is true that one of the petit Jurors applied the
Court about some trifilng remark made on them
that they were q mixed medley collection of cha
racters;" bat that amcuntsto little. was called up
to the Judges seat by one Of the Judges himself
Qynch, we believe, who now denies that he was
were put into my hand BY that very Judge and al
though three or four Of the Jurors had signed paper
the body Of that paper in the hand ,criting of The
Judge himself, and 1t was drawn up by him, and no
one else. Now, these are the facts, and let those
who did the work take the responsibility NV duty
is a simple one as District Attorney Ii is to present
the facts OF the case to you-prove them if possible,
and then leave the matter with you. After your
verdict, my task is ended Whatever applications
have to be made, should then be made to the Court
bv the Judge ] will now read the libel complained
Of
Mr.. w. then read the following:
CouRr or SEssIoSs-The proceedings in this misera.
BILE hole yesterday were Of little interest
Noah-the SO called Judge for very short period,
shook like aspin leaf and red an old tur.
key hen the whole day. account Of what appeared in
the Herala" He denied like false old fool as he is
thing till towards night, when he fell asleep
Mr.. Lynch looked ridiculous the whole day, and
Laughed at BY Tall%adge Whiting the Aldermen and
The DrsrRIcT ArroRsrY then called Henry Van
dewoort, who proved that Lynch and Noah sat on
the benca the 18th OF June last - j
WHITING That's our case, sir. b..
JUpeE KENr.-Have you any thing to say, Mr..
Merrill!
Manufacturing, sir.
juGoE X NT-Have you, Mr.. Whiting!
WHIrNo.-No, sir-there's nothing more
Jupor KENT then addressed the Jury. He said
that ia prosecutions for libel, the Jury have
the highest and most undispuied prerogatiye
1t has been decided by the Constitution
Of this State, and is more undoubted than any other
privilege which you possess. For, however emf
nent juris,s may doubt whether you are of right
judges OF the law and the fact in other criminal
cases, one disputes that you are to the fullest
extent, judges Of the law well as:ihe fact, in cases
Of libel. And this arose out Of the long and con-
tnued struggle fol- the liberty OF the press, which
commenced IN England under Charles Fox and was
carried on with SO much zeal, energy, ability and
success, by Hamilton and other eminent men here
and to the securing these rights by the consti-
tuition and by the laws The only question for you
to consider Is, Is this libel! You are judges to
Nevertheless, TO guide you, will make few re-
marks from an elementary writer this subject
who has well defined this matter. A libel, as appii.
cable TO individuals has been well defined to be
malicious publication, expressed either in printing
or writing, or by signs or pictures tending
either to blacken the memory Of one dead, or
the reputation of one alive, and expose him to
public hatred, contempt, or ridicue. But though