The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-02-09
Court OF General sessions.
Present Recorder Tsllmsdge, Judge Lynch, Aldermen
Jones and Crolius.


FEB. slh'-.anfhony Dey rs. james Gordon benne" -
The proceedings in this case resumed by -,
Mr. MoRRiLL, who proposed reading the schedule OF
Mr. Deys liabilities and assets published in the Herald
The DISTRICT ATTORNEY objected, and contended that
the document itself only could be offered in evidence;
Mr. MORRILL, IN en- commenced reading the schedue, as
filed in the District Court but alter he had got through two
of the seventy six pages of ioolscap."
The RrcoRpyR inter- upted him, by remarking that II
seemed him that the reading Of the whole OF such
lengthy document would trespass greatly the time
tine court and thought tn perhaps would be found
there really necessity for doing unless il
in the Herald wasssrSied and incorrect '''' vic i''
heightened conversation then took place betw cen
the District Attorney and the counsel for defendant and
finally settled that Mr.. Morrill, might read the re-
Pat in the Herald, as part of the publication complained
OF in the indictment.
Mr. MORRILL, accordingly read the whole of the sche
dule as reported In the Herald and with difficulty
that the laughter Of the crowded audience was
during the reading OF this remarkable document.
Mr. JORDAN called the attention of the court to the fact
apparent from the schedules that Mr. Dey had assigned
10 ms daughter Mrs Axte all the property that he had
which was really worth any thing previous to his app
cation for the benefit OF the bankrupt The fact
Tor this fact was not apparent from the report.
MOSES BEACH was then called as witness, but did
not answer
REcoRDER-Has Mr.. Beach been subpenaed7
Mr.. MoRRLL-Yes, sir.
REcoRDER-Present an affidavit Of the service of the
subpoena
have been informed, sir, that Mr.. Beach here this
morning, and officer has gone for him, We expect
him here Immediately.
RScoRDER-Hal you not better take other branch
OF the case at present.
WILLIAM NJ. AYRls was then called and sworn.
DsrRIcT ATToRNEY-lhave right to inquire for what
purpose this witness is produced.
Mr. JoRpAN-The general object | can state to
the Court is to show that for the four or FIVE
or don't know how much longer Mr. Dey has been get.
ting into debt to an amount, which should Judge from
running eye the schedule be far short of
half million, and all the time representing himself
the world as man Of large property and ample means
making in fact larg. pretensons honesty pety and
ted to impose upon the world and those with whom Mr.
Dey dealt man who is honest it is presumed, will rot
get into debt without the means of paying it, that
If pous has, considered conscientious scrupes which
will prevent him from acting the rogue and the
means it is very well known whether honest or pous or
Ss to w ho% b
has been running into debt with every body when he
very well knew, or if not his ignorance must have been
that OF madnoss-that he was altogether destitute of the
means OF paying We will show that he done this BY max
ing great preension and by and
otherwise which imposed upon the community. Now |
am aware that this may be objected to- and that
tits therefore the part of the defence to sho
what connection it have with the subject matter
this trial.
Mr. Beach here made his appearance and Mr. Jordan
dested from his argument in order to allow the examina.
ton ofthe witness to be proceeded with
MOSES Y. BEACH sworn.
DIsrmor ATTORNEY What do you offer to prove by
him. =
Mr. JoRpAs-we want to prove by Mr. Beach that he
published that brochure of startling accuracy the sta
tistics of New York wealthy men," to which Mr. Bennett
audes in this article in the month Of May ls42 and that
in it Mr.. Dey is set down as a man of large properv
whether by his (Mr Dey) procurement or not we can
not now say. But wish to ascertain on what authority
orinormaton was SO published, because if not by the
direct desire and concurrence of Mr. Dey yet il was in
consequence OF circumstances originating with Mr. Dey
and coming to the of Mr. Beach it would apprehend
have the same effect Your Honors will perceive that
our object is to justify ourselves in the publication of the
truth and by which the community enabled to Judge
OF the character of men who have passed for pro.
perry and respectaby This contend comes directly
within the legitimate sphere of public journalist Ihod
as stated yesterday that newspaper editor particularly
has publish any folly or crime or
of individual which affects the public at large-if the
publication be trne. The law inter he adheres
strictly to the truth that he does it from bad motive
Now we offer to show that Mr. Dey has been held out to
be man OF large property but very few months before
he presented this may indeed safely be
whether he was 50 represented by his own
procurement or information which came to Mr.
Beach from other quarters Mr.. Dey is the individual
charged to be beled here If he has gone on in career
which shocks the moral sense of the communicative
induces us believe that he has acted either dishonest
man. or that his brain has been BY his dreams
wealth, existing in pouirette Gal weston Bay and stock
and gold mines, and Hackensack land-ws insist on Il
that that is fact the publication of which demanded
oy the interests OF the community, and fully justified
that disqualification will contribute in degree to the
correction Of abuses in business transnctonsthat will
anord the public glance into the philosophy if may
express myself OF of trade of the credit
tenn II will show the world how a man that is either
villain or VINO u.s. IL you please perfectly honest, as we
are pound TO believe Mr. Dey TO be- but whose brain is
crazed with speculation, may successfully impose on the
community. admit if please your honors that this is
delicate grounds and what mean by tn this-it is not
thing which be made very papsbe to the ey
OF one but lawy mind but th NJ of
rejecting man who looks into the philosophy of things
their remote and minute connexions with and another
The question here shas Mr.. Bennett published with
good motive? has been done with audabe desire TO in
form the world to enghen the community and that not
on matters relative to the private affairs or fangs of Mr.
Dey but on subjects which are legtmaely connected
with the interests OF ocietytha is say the subject
debt the operation Of the credit system the bank
rupt act-and in fact may, think add the
system Qaughter) We offer the evidence with the view
to show that the publication had clearly this tendency
and we think it competent to 60 before the ury
REcoRDEn-l am Of opinion that it would be admissible
IN case oil civil suit for damages but the whole ground
oil the Indictment like the present that the libel
tends to provoke breach Of the peace do not see what
reference the evidence offered have to the case in
way be almost ntermnable We would be sitting here to
Try whether Mr. Dey were Justly entitled the benefit
the bankrupt act think that the distinction between
civil and criminal libel suit which is sufficient ly
marked tends to show that the evidence is
Mr. JohDAr-1 is true doubtedly that one ground Of
the Indictment in criminal suit for libel is that tends
70 produce Of breach OF the peace But all publications
tending to breach Of the peace are not libellous If
otherwise we never could publish anything which was
calculated to excite mans passion. We could pub
ilsh OF man that he was thief, although it were pub
shed with the express purpose putting the community
on their guard After ALL apprehend. your Honor that
the question u.s. have the public interest publca.
tionare the facts stated such have bearing the
public interess7 Do they affect public rights, the
rights Of constituting portions Of the
pubc7 Let us suppose a II man should set UP
little hell for gambling in tins city, and in various ways
should be seducng our youth into those paths which
certain lead to destruction have we not right TO pub
sh that act and to come out and say that such
ber in such street. this hell has been openedl We then
come into Court and show the truth OF this Is the
public concerned Certainly is Every father mother
brother sister, in the land is concerned. Why then
haven right to make the publication7 Because as
faithful sentnels on the tower Of public morality We
have right as is our duty to sound the alarm when
danger approaches. But what says the who is libel
ledt Sir you have no right to NEEDLE with my private
concernsthe law deems that malicious What is the
answer "sir the public have q right to know this II
we had gone INTO your family your private concerns
expose anything not interesting TO the public should
be culpabe beyond all doubt and would be obliged to
that there good ends
or else abide the the consequences But have
so We have not inv AIDED the sanctty of your domestic
circle, we have only exposed your public criminay
Tor the purpose of saving youth and your
infamous career This is the ground take. Icontend
that whenever the public interests are threatened or are
suffering whether by the infamous practices in the strong
case quoted IN illustration, or by general course of dis
IL IL