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

| ~ o,a..d ,be circumstances in which the alleged
he,. had their origin, read them, sentence By SEN
,erc. commented ably on their language, charac-
ter and probable effect, and did his clients cause
ample Justice in every way, making the most OF 1t,
without damaging it by abusive or irrelevant mat
ter. MR. Cooper has had much experience in
| this class Of cases, and is a middle aged young
man of considerable talent. His manner is the only
fault about him, being too elaborate and pompous
and his dction too bombastic to produce the best
effec, on an unsophis,ica,ed auditory. If he will
| only contrive to correct this, he well yet make
| figure at the Bar-or rather, he will make less
| figure and do more execution. The force OF his
speech was marred by FeRmore's continually in
| terrupting 10 dictate and suggest to him ideas
when he would have done much better if left alone
f! For instance: Fenimore instructed him to say,
that our letter from Fonda above recited purported
to be from the " correspondent of the Tribune,
and thence to draw and press on the Jury the IN
| ference that the letter written by some OF our
own corps, whom we had sent to Fonda to report
| these trials This inference we were obliged to
repelin reply by showing that the article plain
| ly read correspondence of the Tribune just as
when fire, storm other notable event
occurs in any part Of the country or world, and
friend who happens to be there, sits down and de-
spatches us letter by the first mail to give early
advces, though he has no connection with US but by
subscription and good will, and perhaps never
! wrote line to US in his life till now
From what we have already said, the reader will
have obtained very good general idea of Mr.. K.
Cooper's speech, and can very readily fill up the
outline as fully as may be desirable. We took but
| brief notes of it.
But there were some points in this opening
which deserved more special consideration--snd
first, the undoubted truths stated by the advocate
that the Issue here presented of no trivial
character. but involved the most important consid-
erations-tbat the whole Newspaper Press was in
reality party to this suit, and the representations
made by it should be taken with corresponding
allowance. Following in this train, Mr.. r. c.
proceeded to declaim against the popular feeling
excited in favor of the defendant and his cause,
and to warn the Jury against being affected by It
So in the summing up Mr.. Fenimore Cooper went
over the same ground and enlarged it, representing
himselfas standing here the champion of the Rights
of the People, to be protected from sanderous
abuse and calumny from the Press, portrayed the
power and the prevalent dread of that mighty en-
CINE, the interest and natural desire of every cit
zen to be shielded from detraction and public g-
nominy, reminded them that, in well-goyerned
community, a wrong done to one, however hum
BILE, is wrong to all, which all are bound to pun
sh and redress, &c. &c, and, after all this truth,
wound up with the strange Inconsistency of implor-
ing the Jury not to be swayed by popular feeling
and outdoor clamor into verdict in hostility to
the Peoples cause After him came His Honor
Judge Willard, and he, toe, Every property com.
manded the Jury aside all outdoor and per-
sonal considerations, and render verdict based
strictly and alone on the law laid down and the ev-
idence submitted to them. Now it seems incredi-
bic that SO strong a current OF popular feei'ng
should be running at Ballston and every where
that this class of suits is tried against the injured
party and the laws of the land and in favor OF the
wiful and malicious libeers The public are not
apt TO be so complasant toward those VINO commit
and avow fragrant crimes, especially those crimes
of which the greatest popular dread exists, and
which are in themselves so mean as wanton dea
nation. 1t is not apt to heed and believe the rep
reservations of criminals in the face of undenlabe
evidence and the Laws solemn judgements And
remember this is no sudden casual outbreak,
some indulgence to popular favorite but appears
TO be regarded BY those who condemn II as the set
tied and uniform current of popular opinion We
can see no way to explain this strange anomaly but
by admitting the truth of our original conviction
that the higher Courts of this State have commit
ted mistake in expoundng and applying the prin-
ciples of Law to the contests between the Press
and those who have been irritated by its censures.
We believe, therefore, that the public sentiment
in regard to these is wiser than the aathor
tative expositors Of the Law, and that the public
feeling predicts correction of the by statute
if the errors of exposition have gone beyond the
reach of easier remedy.
The next stepi Mr.. R. Coopers opening shows
most plainly what those errors are: We had, TO
the Declaration against us, pleaded the General
Issue-that is, Not Guilty of libeling Mr.. Cooper,
at the same time fully admitting that had pub
lished all that he called our libels on him, and de-
string to put in issue only the fact of their being
not being libes, and have the verdict turn that
issue. But Mr.. Cooper told the Jury (and we
found, TO our cost, that this was New-lerk Su-
preme and Circuit Court law that By pleading
Net Guilty ace had legally admitted cnrselres TO
be Guihy-,hat all that was necessary for the
plaintiff under that plea to put in admis-
sion of publication, and then the Jury had nothing
to do but to assess the plaintiffs damages under