New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1842-12-10
FRIDAY, December 9

r. "a, SIS, SO, l22, l2i, l23, $50.
FRIDAY, December 9.
q. S. CIRCUIT CoUa7.-Stephen c.. Smith vs.
Horace H. Dap-Acson for violation Of Patent for max ing
India rabbe. shoes alluded to last Verdict for de-
PENDANT
Fil!am Martin 4 Go. IS. EduarG Curtis.-To recover
duties paid under protest. gunny bags gunny cloth
which, il is claimed, entitled l. pass duty free, uader
the class of non-enumer1ted articles in the Tariff OF
1882 but which charged by the Collector 'cotton
bsggDg similar trial occurred recently al Boston, In
which Judgc Story held lha; gunny CLOTH if unknown in
1882 tue passage of the tariff should not be charged as
"cot.oa bagging Judge Thompson, IN the present TRIAL.
supported The views of Judge Story The Jury after
absence, returned verdict IN favor OIL panu Tor
Si,5i3 II damages and cents costs.
CoUsr OF SEss1oNs,-Before the Recorder and
Judge Lynch.
TRIAL FOR LrBEL-Orano dc Atells Sastaneeo was put
upon his trial for libel the HoR. Samuel McEoberts,
Senator of the u States from Illinois, contained in
pamphlet Of so pages, entitled Z" Circular 10 the
World" published in July last and the first question pro-
pounded which Is the Hon. McRoberts hon
orabe hau The Hon. Charles +. MITCHELL" The pampa.
let aoounds with expressions of contempt and allegations
of mcanues avarice dishono dishonesty viiaiDy,
ardice &C. Aaron Vanderpool, ESQ opened the
the part of the People and stated in substance that the de-
fendant the OF $50 600 OF claims Mexico,
ard that Mr. Mcioberts, having $4,000 of the funds of some
orphans in his possession invest for their benefit pur
chased the request OF the defendant 81 2G0 nominal
value of said claims al Is the dollar, the full
defendant after having assumed that the stock
claims only hypoheczted pledged for the $3.50,
applied to have the stock back but informed by
panant that the claims were purchased taken in
pledge. correspondence ensued and, after negotiation
the complainant expressed willingness let defend
an, have the stock back repayment of the purchase
money with interest bnt which terms complied
with The defendant published the pamphlet in this city
which the subject OF indictment, and numbers of
them Washington City and many Others to Illinois Mr.
MRober.s then published reply the pamphlet in
,ndicaon. Messys w M. Price and Purday appeared as
conasel for Mr.. Sautangelo.
The complainant Mr. Mcoberts, stated that the defend
ant had admitted 10 Mr. Bell and Mr. Rogers that be,
defendant The author of the pamphlet charged be
helous and made other reply CUES
lions Of his COUNSEL and also those OF counsel for defend
ant. The affidavit Of Johnson X Rogers read, which
stated he in company with Jared W. Bell went to Mr.
Santan aud procured of him several of the pamphlets
and heard Mr.. Sanapgeo say that he tie author Of
the pamphlet, and that he published it because Mr.. Nc
Roberts, whom he had had injured him the
matter Of his Mexican claims.
James Torrey deposed that he printed 500 copies of the
pamphlet for Mr. Santangeo. The prosecution then rest
e and Mr. Purroy opened the On the part of the de-
endant, in which he contended that the claims by
po,heca,edno sold-to Mr.. MGR .ber,s; and read
letters of defendant complainant asserting that the stock
Tor caims merely left with Mr. McRoberts security
Goa He also oq esd e Of ME- McRobss
giog defendant th iasehood in asserting that the stock
published most abusive pamphlet, denouncing Mr. SAINT
angelo all dshonorable and base, refugee
he, the defendant, man Of excellent character. &c.
Eugene Pl,tet called for defence Had known Mr..
SaBaneeo TOR four and accompanied him from New
Orleans Washington. Knew Mr. Mcsoberts personally
from transactions lie had with hm us the agent OF Mr. SAINT
angelo. As such agent, called upon MIR. McRober in
April last with certificate or scrip and requested Mr
McRobers TO loan osey onit Mr. santangele was pres
admirable fund and he gave $50 on nominal scrip OF the
h,ysdt IN N but
Angelo the $50 and SIX per csa Interest before
two other seips, amounting TO $3.50, were given !o
McRober,s and % cent obtained upon them note
inc HAT the farmer was still willing 10 purchase Is
on the dollar bat wishing the certificate 10 be of smaller
a% Witness stated ba, he offered Mr. McRober in June
sl ior interest for month the $780, which was sent 10
him in order give months delay in the payment The
prime pal Of $3.50 Mr.. McRoberts refused 10 receive IT.
stating that was not the of the contract Another
proposition was then made, bu: which Mr. McRoberts also
refused to TO- and whole the intercourse there
ended Witness said MI Mckooers treated MN ratnss
rudey in the Senate Chamber, and witness then gave up
his agency in the matter
The Court then took recess.
The Court, after reassenbng, pronounced the following
sentence, viz,
Mcbae Kelly convicted of Forgery in the third degree
in forging the name OF Edward J. Mann 10 bill OF ex.
change for Gl6O sterling and attempting 10 pass me same
Jonas Centre IN Wall street. was sentenced 10 the Sde
Prison for two Yeas
The trial of Mr. Sanangeo for libel the honorable
Mr. McRoherts U of Illinois, was resumed ana
Ing no important fact however, elected except lha
witness said he rendered the $l Of interest on the ol une
erms the contract had not been complied with, the
Scrip had been redeemed at Inc stipuiateu ue. VT
McRohcrt5 also said witness that II DIR. sSantangelo
would nav the prncna the Scrip about the 9Th OF
July with the Interest he would give him up The scrip
of The pamphlet charged as eellous private Letter S1
BY t. Mr. ns M miserable se
blackguard making other degrading remarks al me
Senator's expense read Thsletter enclosed one writ
Mr. McRoners RECALLED stated the history Of the whole
transaction Santanselc in his purchase OF the SCRIP al
different times from Mrs. San.1nge!o at her eques! as enc
called with i 25 the dollar, expressing MS Wilt
ngness to resell the Scrip 10 SAINT Angelo ne ~eua re-
psy him principal and per cent Interest oy S o
June. She afterwards wished MIN 10 PuichaSe siV'0'0
the Scrip which he refused s., q, III,
Mr. MyRoberts rend letters from Santangelo 10 him.
former which Sanlangeio offered MN per cen.
month Ia let The scrip lie unredeemed for another MONTH
cl inng scrip pledged only whereas It was sola
were and that toe scrip sold To this Santangso re-
piled very abusive letter. whereupen MI McRoberis
wrele severe OF reproo in return and declining 10
have any further correspondence with Sanangeo. He
also stated TIE he had with Plunkett the witness
aoy for The Interest ,ba, he offered him. early in
Jpne pfomissory for gil, which he demanded re-
ceipttor but MI McRobe declined giving receipt and
handed The note back He afterwards about the 9th July
sent Mr. Bene Mr. Plunks, with the SCRIP 70 see ne
weud redeem at the price he paid but he did not WI.
aont the Sd August, first saw the lbeous pamphlet
his table the Senate md on tne !Soles o. .he otS
Senator's, and afterwards came on 10 Ne"-iolA on 'ue
Crosseran.ined by Mr. PriceWitpess declned answer.
Vg whether the pamphlet Clearing his nae enagss s 90
written by him. he SAID ne nau MOI Seen e ~
sell the scrip Tor the price he gave tor II G
Isaac Basse,, Assistant Sergeant al Arms OF sne " o.
Senate cs.oboraied the statement OF Mr. McooeIs as 10
the offer of the latter to Plpnkc the 9Th or 9Th June 70
Punke would ss az e amount by III. 9Th
Robert Beae OF Washington City an auaene o' DIG DIG @
ate aspo.ea having been SEM n oy said The trans
end and declined having any TONG 70 40