The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-10-14
General Sessions,
Before Recorder Tallmadge, and Alderman Tillo,

General Sessions.
Before Recorder Tallmadge and Alderman Tillou
| JAMES X. WHIrISG, ESQ District Attorney.
OcroBER 10 Trial Of Michael Walsh for LibeL-The
trial Of Mike Walsh" lor indictment
for libel az ainst SIamm, the OF II he Plebi-
an, published the "subteranean" the I'd oil Sep
! TENDER last, wos commenced this morning.
Previous to calling the jury Mr. GRAHAM, one OF the
counsel defence, enquired the ofhc Court
they had cd any opinion relative to the charge
against accused or had any bias prejudice against
| him.
The CouaT replied that this e proposition but
to satisfy enquiries OF the gentleman they would
hesatingy say that no bias or prejudice existed In the
minds OF the members of the Court 10 the accused
Mr.. GRAHAM then moved that the indictment against
argued that the indictment contained the name OF Nv hit
I'M" as District Attorney secondly, that Mr. Whiting
had resigned the office and under the statute
such esgnaton had the Office vacant. He cited
the Revised Statutes page 49, section a. to show that
"every Office shall become vacant ON death resigna.
ton and that the resignation that makes such vacancy
on the part OF the District Attorney be made the
County Court that appointed him. He then showed by
COPY oil the County Court that the
sgnaop OF Mr. Whining District Attorney pre-
that Court ON the 29h oil May, s43. He there
fore commended the Statute expr. ssiy for
bid any person advise with be present exam
nation OF witnesses before Grand jury, pit the Dis
rct Atorney and tn al the presence OF MIR. hng be-
fore the Grand jury alter his resignation, Illegal
and therefore the indictment was not properly found.
The COURT decided that Notwithstanding their private
opinion relative to the law bearing upon the matter in
question, yet they Of opinion that the County
Court decided that there vacancy OF the office
may they Id not allow the motion to quash
| the indictment, but the cause must proceed.
Mr.. GRAHAM took exceptions To tine decision OF the
Court and stated that they should take the to the
Supreme Court for its action.
Mr.. GRAHAM then, affidavit signed blythe accused
setting similar objections asked leave to withdraw
the plea of guilty entered by accused, and enter
plea OF abeemen in order to prove the Legality Of his
position before to be empanneiled Tor tna purpose
The CoURr overruled this appcatoD and ordered the
cause to trial.
M m q untavOrable
TO the accused jury and the District Attor
ney, a very briet manner, opened the cause lot the
| prosecution and then called
HENRY KINDER, who was sworn-l am printer BY
trade; know Mr. Walsh; he is the editor OF The Sub
ean' he has acknowledged himseli knows Levi
D. samn, editor OF the PeSan alluded to IN the alleged
| lbellous article.
cont aimed in the Subterranean the I'd September II
charges that the brother OF MIR. Slamm purposely
made drunk and then induced to sign bis property
in conseauence OF which he endeavored to commit sui.
eide; and also that Mr. Slamm, in cOnneIion with
purpose OF extending
elective ranchze but in reality to further their own
ends &c.
The prosecution here rested the testimony.
| Dawn GRAHAM, Esq. opened the defence.
II now being three O'Clock, and the witnesses for
defence not being in Court, recess taken until half
past four o'clock.
| EVENING SESSION.
At the opening of the Court, the defence called LIZ.
VI D. SLAMM the complainant in this case who testified
he the editor OF The Plebeian and had known
have had with the accused and his friends
relative TO his nomination to the Assembly was elected
| a delegate by my ward IN ls4l; never made any
to Walsh in ls4l to put him the Assembly
ticket; Walsh claimed that his name put upon the
ticket at the general meeting in lS4 am very positive
never declared that washs name was put upon the
ticket; Mr.. Cambrelng chairman of that meeting
not think heard him say that tho name OF Walsh was
put the ticket that evenings was OF the committee
OF arrangements; was not publicly stated by large
majority of the meeting that NJ. Walsh neminated
1t not publicly stated by Mr. Vanderpoel that Walsh
was nominated heard Mr.. Cambreleng make conc
lia,ory remarks to the effect that he would justice
done to Mr.. Walsh have knowledge Of Mr. Wander
poes making any declaration that Walsh was nominated
do recollert Of conversing with MIR. Walsh that
night relative to his nomination. do not recoect con.
graduating him his speech; the proceedings Of that
| meeting were never published oihcialy made an edi
toria report on the following morning; was made IN
the New Era; did not say that night that the of
Walsh should appear among the ohcal proceedings Of
the meeog; gave my own account Of the proceedngs
Of isaa was not elected by my Ward, but put
supply avacancy; did not profess to Walsh that
that he should have my support assembly, Walsh
came to the meeting that night 10 ls42 with his friends
cided that the meeting strike the Of Dr. vandyke
from the nomination. and place that of Walsh
in its stead do not know that the general
committee confirmed the nomination Of Walsh; did not
openly and publicly oppose the election of Walsh know
lady By the name oil parni have known her since last
ducton from Provdence she came alone she near "a
years Of age and married her husband did not accom-
pany hers she here TO get lectures in aid Of the
persons confined in prison Providence on the suffrage
questions the lecture was got up and given AZ the shaks
peare Hotel in the Fourth Ward; she came with some
ladies; the money to be raised by sending around
hat, twenty three dollars raised SAT upon the
stage with this lady and of the money;
believe that Mrs Parn Providence alter;
the expenses $43 and paid the balance over the
proceeds of nay own pocket the room cost $2o and
the o'her expenses for printing and adversng her
husband here six weeks two months afterwards
kept Delaney street, this last year they
remained in Deancy about four menths and broke
up housekeeping in April lss Mr. Parin and his wife
joined Fourier Association and went TO Pennsy vania;
her husband was with her; she boarded with Mrs. Ell.
bridge, corner Of Greenwich and Duane Streets called
at Jones' Hotel in second streets went with her to Mrs
Eldrdge's twice; did not go to any other place with
Church, and to the Fair of the American Institute;
called to see her very frequently at Jones
Hotel / do not know that ! ever made her
any presents except a book Since her return
have her but twice; do not Know that she Is IN
the city; have had any Misunderstanding with her;
have not her but twice in the last TOUR monthsj
have understood that encouragement between
her and her husband have In the papers, and also
husband Tie house they took was the ninth ward and
not more than blocks from my dwellings most ge-
neraly saw Mr. Parn when went to visit the family;
property with my brothers have always been on the
best Of terms; know nothing OF his business.
Cross.cxamined by WHrrIra-So far as l know Mrs.
Parn she is virtuous woman; never had any impre-
per intimacy with her; my wife has been dead nearly
tain possession CT mis- propey had malice hosti
lily against Mr. Walsh candidate to the Assembly
but did not think him proper candidate to represent
Direct resumed-I have said ithst thought walsh
ought be in the penitentiary for the oe on me- one
not that have said to the Recorder or any one
Of the Judges OF this Court that Walsh ought 70 De
penitenary before the next elections nave no .s,
the safety Of the marty required that he should De sent
the Pententiary before the election know James l.
Rogers; he is brother nlaw Of NINE anu wan men"
her of the Grand Jury that found TINS Dill ,,,,.,,
now being nine o'clock the Court adjourned till his
morning at III ociock