The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-06-07
The Famous Herald Indictment In
Penn Yam.
PENN YAS, May q, lS4S.


Penn Yam.
PENN YAM, May q, lS4S.
JAMES G. BENNETT, ESQ.
| Your matter in this court has at last come TO
close, and has produced an effect decidedly favor,
able TO Won and your paper Not an inch OF ground
| has been Welded, and the few men really at the
bottom of the procuring Of the indictment, most
heartily ashamed of it. Ii is now, however, dscon
tinued honorably TO all parties. enclose herewith
the names of twenty three subscribers tor, the
Herald-acilve, thoroush-sOing, business and pro-
iesslona men Your paper will now be read here
with more interest," than ever Mr.. Davis, the Dis
trict Attorney, has throughout behaved in the most
genllemanly manner, while he has been uncompro-
mslngy faithful TO his charge
Business is revrviag here rapdly-boats are pas
sing-saws, hammers and mallets are to be heard
In every direction, and the cheering :" go heayes'
are following in their wake. Temperance and in-
dustry are coming up, and crime and idleness are
gong down.
Our court terms have just passed, which, to the
man OF leisure, have blended amusement and In
strpction. Ut these, perhaps, more anon Wheat
and spring crops look finely, and all nature wears an
encouraging appearance.
The majority OF u, farmers. mechanics, merI-
chants and probe ssion ais. have made up our minds
to survive the late celestial visit, also the late
terrestrial excitement, and hope you will not for
get &c uptc us your usual treat OF the earliest
intelligence of the dOings in this little word.
| Yours, G.
5REMARKs.
So far-so well but that indictment affair is the
queerest-the droe st-the oddest-the funniest
the fooshest ESQ speak, that ever took place out
of the Empire of Laputa, or the republican island
of Sancho Panza.
| The facts are these About year ago letter
appeared in the Herald written at Penn Yam. This
letter. among other general subjects, had couple of
paragraphs, the one treating on the system OF do
| ing business in Penn Yam, and another touching
the opinions of religious congregation. The para
graph trade criticised the system OF selling goods
on long credits to the country people, and the bad
effects such practice would have the merchants
generally. 1t mentioned ne names-made no allu-
sion to individuals-but generally condemned a
practice common to all the western villages as lead
ing injurious results This general article formed
Of the counts Of the indictment against the New"
York Herald.
The other article attributed abolition opinions to
some particular Presbyterian congregation, but
made no remarks about individuaIs-or even at
tackled any one for these opinions. 1t was simple
statement of general fact. This paragraph formed
another count IN this Penn Yam indictment.
Well, after the expiration of a year, and after
putting US TO the expense OF $3.50 for counsel fees
and expenses, the judicial officers of Penn Yam
very coolly enter noN pros. and wish to impress us
with the idea Of their kindness and iorbearance.
| We do not conceive it as such NOR shall take
| it such. The Indictment, in our opinion, was
clearly contrary 10 right construction of law and
jusice-and decided piece of oppression towards
ne wspaper press that violated no law We shall
not let the town of Penn Yam of. We shall present
petition to the nextlegslature of New York, pray
ing that the $50 expenses may be refunded, and
shall continue year after year, to urge this petition
until it is allowed, if it should take natural life
to accomplish it. And if it is not effected in our
own life time, we shall leave the Penn Yam Indict-
ment damages, a legacy to our dear little son and
heir, with dying directions to give it up till
be successful. We shall also commence a suit
against the highly respectable, solvent, religious,
and wealthy town OF Penn Yam for damages. and,
| if need be, employ the Hon. Daniel Webster, even
| take him from his chowder pot, to plead the
! We shall teach kind friends of Penn Yam,
what the real law of libel is before we have done
with them.