New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1842-12-12

Yesterday morning IRON Week Journey " anu
,oiourn in the County of Saratoga, having been
thereto urgently persuaded by Supreme Court
writ, requiring him to answer to the declaration of
Mr. j. Fenimore Cooper in an action for Libel
This suit was originally to have been tried at
the May Circuit at Ballston; but neither FEM
rsore (who was then engaged in the Coopering OF
COL Stone of the Commercial nor we, had time
TO attend 10 it-so it went to this term, which
opened at Ballston Spa on Monday, Dec 5th. We
arrived on the ground at o'clock of that day, and
found the plaintiff and his lawyers ready for u.s. our
case No. 10 on the calendar, and of course good
prospect of early trial but an important case in
yoving Waier-right, came in ahead of US, (No 9
taking two days, and it was half past 10 A M. Of
Friday before ours was reached-very fortunately
for Hs, as had no lawyer, had never talked over
the case with one, or made any preparation what
ever save in thought, and had not even found time
to read the papers pertaining to it till we arrived
at BallstoR The delay in reaching the case gave
MS time for all and that we did not employ law
yers to aid in or conduct our defence proceeded
from no want of confidence I'M or Difference to the
many eminent members of the Bar there in atten
dance, beside MIR. Cooper's three able counsel but
simply from the fact that we wished to present to
the Court some considerations which we thought
had been overlooked or overberne in the recent
Trials of the Press for Libel before our Supreme
and Circu, Courts, and which, since they appealed
more directly and forciby the experience of Edi-
tors than of Lawyers, we presumed an ordinary
Editor might present as plainly and fully as an
able Lawyer. We wished to place before the
Court and the Country those views which we un.
derstand the Press to maintain with us of its own
position, dutes responsibilities and rights, af
fected by the practical construction given Of late
years in this State to the Law of Libel, and its
application to Editors and Journals Understand
Ing that we could not appear both in person and
by counsel we chose the former; though on trial
we found our opponent was permitted to do what
we supposed we could not.-So much by way OF
explanation to tho many able and worthy lawyers
in attendance on the Circuit, from whom we
ceived every kindness, who would doubtless have
aided us most cheerfuly if had required it. and
would have conducted our case far mere skifnly
than we either expected cared to do. We had
not appeared there to be saved from verdict by
any nice technicality or legal subtlety.
The suit of Mr.. Cooper required US to respond
to the following
DECLARATION:
SUPREME COURT OF the OF January, in the year
sf our Lord eighteen hundred and or,y-two:
Saratoga County, J. Fenmore Cooper plaintiff in this
suit by Richard Cooper his attorney complains of Horace
Greeley and Thomas McEra,h, defendants in this suit be
ing in custody, &c. of plea of trespass on the case:
For that whereas the said defendants conrving and ma,
ciously intending ure the said plaintiff in his good
NAME and credit and bring him into general Goa
tempt and ignomny heretofore wit on the twentieth
day November, the oil LORD eSnteen nun
bred and for,y.one and w.t. Balstop Spa in the Cou
sD caused and procured 10 be published
paper called the New-York Tribune the following falls,
malicious and defamatory libel OF ana concerning tue s
plaintiff, that is to say;
Correspondence of The Tribune.
FONDA, Nov. II, ls4l.
"The Circuit Court now sitting here is 10 be occupied
chiefly with the legal grels OF Mr.. Fenmoe Cooper Ghe
said plaintiff meanng who has determined to avepge him
self upon the having contributed by its CRITICISMS
10 his waning popularity IS noye said n,0, mean
inp issue here two OF which are agais
G @ ES os ne Albany
Mr.. Weed not appearing on Monday uhe first day OF
t1eanns said weeds) counsel had not arrived webb
who on passing through Albany called Mr. WIS tnean
ousy and his daughter dangerously ILL., requested Mr. Sacia
10 state The Court and ask daysdelay. Mr.
peal of unavailng The novelist he
plaintiff meanng) pushed his advantage. The c ur how
ever, ordered so till The day. w
The understanding that the default should entered then
10 meaop
nation. The messenger returned with letter from Mr. W
{meanipg said Weeu) stating that his daughter lay ILL.,
and that he would leave her while she suffering
danger. Mr. Cooper therefore Immediately moved ior
his default Mr. Sacia nterposed again lime, twas
denied. jury was empaneled TO assess Ef6nghan',
(meanng said plainas damages The trial of course wa,
defenceless Cooper's lawyer made wordy, windy abu
sve appeal for exemplary damages The Jury retirsd
der strong charge against Mr. Weed from Judge Willard,
and remaining their till ~ O'clock night
sealed verdict $500 for Mr. Bingham (neaung
psn which was delivered to ~, The Court this morning
we're and moriying rebuke 10 cooper, who had every
thing his own way.
character, therefore, has been udicialy asccrained.
." II is worth exactly four hundred dollars.
Col webb's trial this afternoon his COUNSEL,
c. L. Jordan, ESQ., having just arrived In the up train
Cooper will be blown sky hgh This experiment upon the
mosomanie for Libes"
And plaintiff further says tha, the said defend
ants further con,riving and intending aforesaid after
wards TO wit on the thirteenth day Of November, in the
arc eighteen hundred aud oyone and 10 wit
e pace and In the county Aforesaid, falsely wickedly
ana maiciousiy published caused and pocursd 10 be
Fbsne ,ne e,s The NewYork
se q, and concerning The said plaintiff containing among
mSer 81 aud concerning the said plaintiff that is to say
or n,ersd for ", sesast all our sorssponden, has stated
no , s yanoS sad plain in pushisg bis
h b Ss. s f Weed to default the FIRST and
said Weed was detained away by the dangerous lines
ms amy, ~ az ss sSesss Q, honorable magnanimouS,
and dstamaosy be the said plaintiff hath been md *
greatly injured IN ms gs9a nane, lame and credi. and
hath been otherwise greatly injured and danhed 10 VIII
the place and in tie county aforesaid damage Of
brings his sul, &c. +. COOPER, Plaintiffs AItorner
To which we interposed the following plea in
answer:
SUPREME CoUET.-HoRAcE GREELEY and THOMAS