The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-02-08

Then follows the classification of the various mocha
MICS aud others to whom Mr. Dey is indebted The arti-
"On the other hand also among the assets there will
be contemplate array Of strength His schedules
are rich and strong bibles psalm books poudree aud
pcws together with much lands houses gold mines, and
other property all Of which doubt not will be viewed
with complacency and appreciation by all his creditors
we'll those in the Court of Bankruptcy below, as those
in the Court OF last above. And il in the painful
and mansions in this world shall prove clear
vanish away, hope and believe that the time is
near at hand
| "When he will read his title clear,
| To mansions in the skies;
And bid farewell to every fear
And wipe his weeping eyes.
the poudrette and mines NAV be valued at
have every to believe that the pews psalms and
bibles equal in salvation to 1856 S7A in the
objection ON earth to Mr. Deys obtaining his certificate
discharge from all earthly debts unless be in the
planned mystery OF that candlestck and the two candles
CASH ACCOUNT.
Dr. 10 casn on nand. So, 900 %
| CT. by one candlestick and two candles . 5000 20
Here very Papably balance of one cent due to some
| unnamed creditor, from whom it received This is
sterious, and somewhat alarming certainly hope
and trust it will not vitate the petitioners application"
There other portions OF the schedule published
nued the District Attorney but do not wish to occupy
the time Of the Jury by reading them present We
the case here.
ows:l am really at loss to know OF what part Of this
publication MIR. Dey'complans Heis called Anthony
and chrson," and reason to suppose that thi,
is meant in rdicule The article then goes
gives a description Of TIE classes Of persons,
10 whom Mr.. Dey was indebted. The defence consists
IN showing in the first place. that the publication true
That schedule public document placed the record
of the District Court of the United States is public
property Every man has right to know what it is
ing upon the payment of the compensation in the
shape of fees from any of the officers Of that
trusted with the record, copy oft.
RECoKDER-DOes the District Attorney admit that the
report of the schedule is substantially correct
DisrRIcT ArroRNEY-No, we do not
Mr.. JoRDAN-We shall show that it is So Mr.. Bennett
has not published the whole schedule because as he
says is spread over seventysix pages of ooscap But
will show you by reading the edue ITSELF that Mr.
Bennett has represented nothing wrong. He has sup.
pressed no material fact except what he has stated to
sessed to set them all FORTH but he gives every who
reads the editorial article sufficient proof that all the
sufficient knowledge that he does intend profess
to set forth the whole except in far show the
show that far he goes he correct where he
does not go he fairly apprzes the reader and the
have curiosity excited by the publication he knews
that he can 60 to the schedule ITSELF and there ascertain
the truth and of what is forth in the
detail We shall therefore, in the first place. ly on the
truth of all that Mr. Bennett has forth that after
ALL is the main foundation Of the defence of libel
If man will publish what is false, either by
positive statement of what untrue or bv suppressng
and keeping people the dark in relation what is true
and thereby giving false impression of the general
ter which is but another mode Of uttsring falsehoods
|
able to show to that there in this publication the
strcte fidelity and truth. There remarkable cir
lcation and that is that there single expression
ilLwn against Mr.. Dey Not There Is not one un.
the article and over and have been unable find
one There is nothing in the publication which mputes
charges him with becoming indebted others faudu.
lently There nothing which charges him with having
Ses or any portion papers or which
he has made in the case Of his application in the
Bankruptcy. There is nothing in the publication which
moral character of Mr. Dey All there is that can see
calculated hold him up to rdicue and contempt the
publication of the truth Now then, if man is very
sensitive that he bear the publication the truth
when is not INSTRUMENTATION it is distorted but on
the contrary put forth with expressions of kindness
witty of due respect his character feelings 80 for
the publication of the naked truth will admit OF tiff
then it that that part of the Constitution o,
country which, the District Attorney has properly
remarked p permits the truth to be given in evi
for the preservation of the morality of this com.
munity-if it is calculated to produce wholesome
standard Of morals, to prohibit from publish.
ng the truth about any transaction provided he does
with decorom and with kindness to the individual?
apprehend that there objection publication of
that kind Iapprehend that publication of that kind
be prohibited then we are longer liberty to publish
the truth with good motives and for usable ends
let how the the law goes with regard
to the ustfabeness Of the motives and ends in view
shall probably differ little from the District Attorney in
regard to details but not IN regard to the general prnc
pie of the law. say that this community entitled to
know all the follies and if you please the frauds of its
members-hat they are entitled to know the results
the misconduct Of individuals. In cases where by
the visitation OF Providence unexpected calamity which
the sufferer had hand procuring man is placed in
unfortunate position, the law primo facia presumes
publication OF that kind to be done with motives and
for unjustifabe ends the defendant called en- ar
matively to prove the contrary. But insist that where
anything is brought man by his folly-by his
own ertravagance and that operating to the prejudice OF
the community the law draws different conclusion
the publication which reveals to the world his crime
folly, or misdemeanor is supposed to be done with good
motives and TOR Justihabe ends How else ask this
community be apprzed of the frauds and crimes which
daily perpetrated7 Here in this Court there was
man convicted this morning, of felony. Now, suppose
week fortnight years hence that the editor
Of newspaper should publish that Patrick Flanagan
forget his nsme ;. been guilty Of grand larceny in
diced for libel. But he proves the commission Of the
crime with the additional sin of ngratitude OH butt
the District Attorney, have got him indicted
for publishing the truth, and it is incumbent him
show that he done with good motives and for JUST
fable ends" Now would ask whether the law does
infer that inasmuch that crime and fraud
gratitude by the of the party himsehe
publication Of the truth in relation his was done
with good motives and for justabe ends But SD ppose
manhas wen on his neck for has deormity has crook
ed limb asqunting that has some foul disease
leprosy or something brought on him by the visitation
of God, unavoidable accident; or suppose he
has an unfortunate SON. or an unfortunate wife,
fortunate daughter who has been guilty crime
msdemeanor or improperly, crimnality indecen
that outrages the moral of the community with.
out any fault of histhere the rule of law would
ferent. The editor OF newspaper any one who would
publish that to the world either by writing or printing
erful mstve urging him to do for the attainment of
justifable end Here the point in this case INr Dey
has been guilty of folly and humbug
gerry fraudor thing else that has brought him into
the situation of bankrupt his schedule introduced upon
the records the Court is in itself highly ridculous
evidence Of fraud if you pease-of imposition on the
whole community. II is his ac and shall take the
groundthe bold ground, and think fully borne out by
the facts-tha Mr. Bennett any else has right to
expose his case to the communicate show what Mr..
Dey's practises have been-what the humbugs and
rauds do not charge them in the case-bu if they have
aDDpar-WhCh ma him,
indebted to A. and Co every body-all the letters of
the alphabet, rom A. to Z-repored five times over for
referred to the family of Mr. Deyl To any visitation of
Providence upon hm3 To any misfortune in his
family Has he spoken Of Mr.. Dey in vtuperative
Ter vindictve terms2 In terms of rdicuie any
further that in spirit OF fair commentary For il man
speak the truth he may adorn 1.-THE may enforce by
illustrations and not very select the figures and
tropes he emploYail in his