The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-12-22
General Sessions.
| GeherWI SebslOn1s
Before Recorder Talmadge and Aldermen Waterman and
Rawson

General Sessions.
Before Recorder Talmadgeand Aldermen Waterman and
Rawson
DIE 2l:-Triai Of Moses Y Beach for L6el-The trial
of NJ. Y Beach, publisher Of The Sum-" for libel on
Benjamin H. Day, his brother.n.law, published in that
erday, The libel published in Yesterdays Herald.
At the opening of the Court the defence, called
am District Attorney sa Mnp 'p Of city Of New
York have been since the 4h of August last there is
sidered to apply to bail that is worthless.
Mr. De WITT, for defence here offered the original re-
CyrusK Thompson in two cases Of $1,000 each on which
Mr. Day was liable for bail to the amount Of $4,000.
bS II Sa called BY denceM Day is him
mariss, in which the damages laid at $4,000. Also
IN the h Maria Cost for the am
HoratIo S. Bartlett and Cyrus X. Thompson damages
Ths whoe hs
of damages claimed $4,000 in which Mr. Day is special
BILE for damages recovered excepted to Mr. Day bail
made before the Recorder | asked him what he was
worth He said he worth $4,000, and that the pro-
hold furniture. He estimated the former to be worth at
least $1,000 and his furniture $500 He said he had the
title to house in Duane street, which mortgaged
for ssOOObut he thought it would sell for $4,000 more
than the mortgage He declined specifying any other
Cross Eramined-Mr Beach was the publisher of "The
Sun" on the 2sth of June last am the attorney Of Mr.
matters.
suits of Famarss and Cs against Mr. Day for lbel they
employed me-. He did not pay me. expect they will
pay me when call sgon them after the suits are end
ed ! have seen Mr.. Beach relative to these suits.
Q.-What was the nature of this libel
Counsel for defence objected to the question.
JAMES NJ SMITH Esq, for prosecution, argued that
Beach himself had originated these very libel suits for the
purpose of annoying Mr. Day and therefore the his
in the publication of this libel.
The Court decided that the question inadmiss
CYRvs w. FIELDS, caled-My store is at No. Burling
slip am in the paper business.
Q-Was MIR. Bartlett at one time the publisher OF
paperIcalled " The Bullelin2n
AIR. Bartlett said he was. He purchased about
started he gave two notes without any endorsement.
Hamilton gave me an agreement as security for the pay
ment Of the first note
LucIus RsBIs.oN, recalled by prosecution-Q. What
the amount Of bail in the suits previously audedto
which MI. Day had entered3
The defence objected and argued that the entering Of
special bail held the security responsible for The amount
OF damages recovered in the suit That the special bail
entered was but thousand dollars and the amount
by verdict for damages So 00o the special
bail would be held responsible for the whole amount
The overruled the objection and decided that the
question should be put.
to bail was $4,000. saw Mrs Famarss and Maria Colt
before commenced their suits; have had frequent
versations with MIR. Beach relative to Mr. Day.
QHas Mr.. Beach ever expressed himself as hostile to
MrlDay, or said that he a bad man 2
yument of counsel the Recorder stated that his opn
ion that the question admissible but the Alder
| ruled.
Q.-Do you know who wrote that libel
The defence objected, and the Court overrued the
| question.
9.Did Mr.. Beach dictate the writing of the article
Q-Do you know when the article written
| Defence objected and the Court overruled the
| Q.-Who dictated the article in question
Defence objected
smrH.-why every body knows that Beach didn't
write 1.-THE wrote article of six lines in length
wish to show that at the very time it was written,
Beach expressed malice.
PHLLPs.-Suppose that we could prove strong expires
sions Of malice at this time would not that be received
yes Any evidence Of fl, EXPIRES.
| mitted but not the previous question.
Q-Is it the practice of MIR. Beach to write his own
| Objected to and overruled
| oSwho the editor Of Mr.. Beach at that time
Objected to and overruled.
Q-Dd you ever have any conversation with Mr..
Beach about this libel
A.-Not until after it published
Q-A the time Of the justification Of bail before the
Recorder. did not Mr. Day refuse to disclose any other
the amount of bail demanded
Ale did refuse at first for that reason but Afterwards
answered further until the Recorder fully satisfied
Q.-Do you know jeremiah G. Hamilton
Ayes, know him.
Q-Do you know him intimately
Ayes, do know Mr.. Bartlett he in the Sun
office upto March last while ] was there
Q-Did you ever hear Beach express malice against
Objected to and overruled
Odd you ever know Mr. Beach to borrow money Of
Mr.. Hamilton 2
A.-No do not.
QDo you know that Beach in the habit of visiting
| the house and family Of Hamilton
| Objected to and overruled.
Q.-Do you know that Hamilton was in the habit Of
visiting Beach at his private Office
| Objected to by defence but admitted by the court.
Al do not know that ever saw Hamilton closeted
with Beach ! have no knowledge that MIR Beach en-
ployed Mr. Hamilton to transact business for him. that
| he wrote for the Sun.
manuscript for the pamphlet relative to the wealth ofc
Al am not il never saw the manuscript; I com.
menced as editor OF the Sun in 1889, and remained till
| year ago June last
.Q-Do you not know that Mr.. Hamilton wrote an arti-
Gle relative to the United States Bank, that you copied
and which was afterwards published in the SUM-
Al cannot recollect. recolect thai Mr. Beach said
he did not wish Isl Hamilton to 0 come to the Office biol.
| Hamilton out Of the oficel
A.-No did not
| Hamilton in any other way except courteouslyi
A.-No, did not.
| A.-No, / do not was never at Beachs house more
Moses s. Br,cH called by defence-I am the son Of
| Moses Y. Beach, and engaged in his Office.
1.-THE Sun Of August 5th lsi3 here handed to wit
| w,1Nru.--This paper contains q notice which
handed in by Mr. Benjamin II. Day, with from Mr.
Bartlett; was the hand writing of Mr. Hamilton.
| THE article here read which was avowal of
Hamilton to- hold Beach responsible for the publication OF
the proceedings in the conspiracy case before the police
when Hamilton was first arrested
WITNESSING. Hamilton in the habit of coming 10
the office Of the sun frequently to Mr. Bartlett after
he removed sofa and chairs from the editorial room
as to prevent Hamilton from oafng about there, as he
used to TO Bartlett. have Hamilton Day.
and BARTLETT walking together, locked arms ,
Crosseromined By SMITH am nttie over
twenty.one was at home at times during isal, ~ and
editor
Alt is on MS editor write TOR II sometimes IIam.
was In the office Of the Sun almost every day Of the