The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-02-10

Judge upon the bench who did not laugh outright
Some remarks had been made about black mail. Mr.
Whiting stated that Mr.. Dey expected that Mr. Bennett
would come into Court and say that rich creditor
had him and ote ed give Mr. Bennett 70 much
he would publish article that hewould say to the
Court that Mr.. SO and So, responsible man. had given
him so much to publish the article and he had accord
ingly done IT, But Mr. Bennett had done no such thing
The RECORDER then delivered the following
CHARGE
GENTLEMEN THE jury Mr.. Bennett is indctedior
alleged libel upon the character and reputation oil MI
Anthony Dey. can hardly deem necessary to detan
you long it'll remarks the law or facts OF the case
they have been so fully examined by the COUNSEL Inc
law of libel has undergone avery important change under
the Constitution of State The Recorder here read
the clause the Constitution which have again
and again quoted, need not be here repeated The law
formerly very different. A libel, gentlemen, has
been defined 10 be malicious defamation expressed ell
Their in printing writing and tending either to backen
the memory Of that dead the reputation Of one
that alive and expose him to public hatred contempt
ridicule, The publication Of the alleged libel has
been admitted in this by the defendant, and
the only questions for you to decide are, s the
publication lbelous, and has it been done with good
motives and for ustfabe ends 2" And is that which is
charged to be beous true in fact II is not charged on
the of the prosecution that the alleged libel mputes
fraud, or crimnalty or corruption to Mr. Dey But that
on the contrary holds him to public ridcule and IN
cites public contempt. is not necessary however, that
adjudication to be ibelous should impute fraud or crimi
nay that should be false in all cases. The
holding of an individual to public contempt, contume
ly and bellous and for the simple reason that
tends to breach of the public peace. Where there
private wrong there in all cases corresponding private
remedy and In that respect may not ndictabe be.
cause the public have interest in it. But where 1t a
fects the public peace becomes in all indictable
Thus it is that assault and battery violence COM
mitted individual it tends to breach Of the pub
lie is udicable, although it does not deprive the
individual ofhs private redress for the injury remarked
also that il necessary in all that the libel should
be false. Many remarks may be made in public paper
tending to expose individual to rdicue by describing
some personal deformty which really exists, but
yet these remarks will properly be held to be bellous
The first question, gentlemen, that would naturally pre-
sent itself your minds is what is the character OF the
publication before you in this case7 1t is alleged, on the
part Of the prosecution that the publication is calculated
hold Mr. pey up to rdculs and thereby to produce
that the publication is innocent in its tendency is
playful sPiritedthat charges fraud immora
y does exceed those applicable to the liberty
oftne press Is also stated the part Of Defence that
his ndiscretons in contracting debts and embarkng in
nudcious specuations should be held beacon and
warning 10 others-that therefore Mr.. Bennett was fully
justified in making these remark The Recorder here
succnctly summed up the arguments OF counsel and he
proceeded Remarks have been made here in relation to
the liberty Of the press The law formerly, stated
it. that any publication however true might lie libellous
and remark you have probably all heard the greater
the truth the greater the libel" However true if tine
marks made calculated to hold person up to ridi
Guile they were belous and the truth could not be given
in evidence. The only question then what is the
effect the individual and the public mnd7 Is it cal
culated cast reproach the individual? So it is IL
beous But our constitution has adopted new princi-
Ple and one OF which think all must approve; to wit
that when the truth is spoken and the motive and ends
are coed, the truth be given in evidence the Jury
being the judges whether the motives and end sui
fcent to justify the publication You will also perceive
from that section of the Constitution which read that
an individual may publish precisely what he thinks pr
at the same time responsible for the publication and for
the abuse of his right In countries Of the
the publication of works submitted to them which may
not accord with their views politics. policy religion
In this free country the only censorship of the is that
missed of press 1t has been repeatedly asserted
the press at liberty to animadver public men. but
not private individuals ! do not know any such dis
the
public man. Both have the protection, and IL
bells against both are judged by precisely the same rules
OF law. The only distinction Of which aware, has
respect to the probable motives and objects of the publca
ton in each case II not unrequently happens, gentle
men, that i'll OF this description counsel indulge lib
orally in defamation respecting the freedom of the press
The alarm is often those occasions sounded that you
restrain such you restrict the liberty OF the
press. No man, gentlemen, admres than do, and
would make greater efforts to sustain the liberty of the
press but am bound to respect the limits assigned to it by
the constitution The influence of the press in dusng
rect principles in science in morals in civil government,
and in maintaining the best interests Of society immense
II when properly regulated source OF infinite blessing
But the contrary when descends TO attack private
reputation with bad motives to crafty vindictve feel
ings to expose individuals unusy ridcule it becomes
whose breath poison, and whose bite is death. Gentle
men, do not intend to occupy of time. have
called your attention to the great and fundamental princ
pie OF the law Of libel and am happy that in cases OF
this kind the court they bound to do repose in
the good sense OF the jury for the decision whether the
publication has been true, and done with good motives
and for usfsbe ends That duty rests you, and
alone II in the publication made by Mr. Bennett in rela
ton to Mr. Dey he actuaied by good motives and for
the attainment Of good ends-if it for the pur
pose of exposing his
50 warning the public against pursuing similar course
without nculpating Mr. Deys morality his character,
his standing may then say that his motives
mendable an that he not guilty Of libel But if the
other hand,you consider that the publication made
from vndctive feelings merely for the purpose of gra
tyng his passion to assa the character of nvidu
to amuse portion ofthe public or il from any
cenary motives then is clearly ibellous and becomes
yourduty 90 to In the performance Of your
duty Gentlemen am confident that in accordance with
whole subject and draw the lines which have endea.
vored to describe; and that your good
Gghtened, and guided by the views Of the counsel
and OF the Court will lead you to conclusions sustained
by your own conscences and satisfactory to the com.
munity With these remarks Gentlemen the Court sub.
NIT the case to your consideration.
The Jury then retired under charge of an officer
CONCLUSION.
After the Jury had been time, they into
Mr. Daniel Robbins arose and stated that several Of his
comrades wished to know, if the publication of the
up to ridicule then we're they libellous.
Accountability are. And then the question will be
are they made for a justifable end
Mr. RoBBISs-For nysef and those who agree with
me- would say that think Mr.. Bennett is fully just
haoie in publishing the article in question We think it
the community by publishing the whole matter to the
world To deprive Mr. Bennett of such right, would be
annraction Of the rights of every private citizen
anteed to him by our democratic institutions (Applause)
Mr. ROBINS said he would put one more question to
his Honor the Recorder It is this: If a juror should
think Mr. Bennett usable publishing these remarks
would be right for him to give verdict of guilty
REcoRDER.-Mosf certainly not.
The Jury then retired again. In about half hour
they returned declaring that although they stood
six to Six yet there not the probability
their ever agreeing We therefore end the report thug
The Jury dsagreed-sfood6 TO 6-and .ere discha, ged
The LADY's WoRLD.-We understand that Mr..
Peterson, the publisher of this popular ladys maya.
zine, has engaged Mrs. Ann S. Stephens, our towns
woman, as editor of his work. This is wise Sc
lection. Mrs. Stephens is perhaps the best female
writer the country affords. Her prize tale of "Ma-
ry Dement," has never been equalled, while her sub
sequent stories, such as Alice Copley," "Molina
Gray" The Two Dukes" and others, have sunk
deep INTO the hearts of her readers. With her eff
Gent pen, added to his present corps of writer's Mr.
Peterson cannot fail to make his magazine the la