The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-02-08
pnrsier ArroAsrY--This d surely carrying h beyond

REcoaDER-He says he has no prejudice-let him bt
sworn. Mr.. Emerson ives accordingly sworn.
CHRnroPHER LEDwIrH was next called-I live at 9t
barclay street, and keep public honse Sometimes
read the not seen the publication in ques
uon, and have formed no opinion
DISTINCT ATroRNKY-Do you know Mr. Dew
JURoR-No, sir.
Mr.. Ledwith was then sworn.
ABSER LAwroS Called read the Herald have form
ed no opinion, and have no prejudices Sworn
The Jury being now complete, the District Attorney
opened the case as folows:-
GrNrLEMEN THE JURY-This is an indictment for
libel against James Gordon Bennett editor and proprie
tor of the New York Herald. The complainant is Mr.
Anthony Dey gentleman who has occupied an eminent
station in this community lawyer and as as gentle
man. who at time exceedingly prosperous in bu.
real and personal estate Owing misfortune he be-
came impoverished made assignment of his property
for the benefit OF creditors and at length thought ne.
cessary to seek the relief which has afforded by an
act known the Bankrupt Act" Mr. Dew as he had a
right to do, and he bound do made an inventory
Of his estate setting forth the names of his creditors and
the character OF his Indebtedness Them also list
his assets These papers spread upon the files of
the Court and were sought by Mr. Benne-a copy ofthe
plant not much of the publication of the schedule as
remarks that appeared in the paper as editorial and
on the character and standing Of Mr. Dey The
He does indeed also complain that the statement pub
lshed by Mr. Bennett as statement of his
vatioHs by Mr.. Bennett uncalled for and unustfabe
This law of libel gentlemen has in our country under
gone .s, very great change Formerly and in England
u
greater the libel and this in very many instances is
rely true But in our State, by the constitution Of it,
what they publish and for the motives and end of the
publication. Our constitution therefore, has settled an
entirely new principle In relation to the law of libel by
conierrng the privilege every citizens first of plead
ing the nth in ushcstion and secondly of good mo-
tves and ustfabe ends. This freedom of speech and
publication belongs more to the editor Of q public
newspaper than the private Citizen The Constitution
grants to every man in the community no matter what
his station or calling the same right that is claimed by
Vim kst,,x.o
clares that Every citizen may freely speak, write and
publish his sentiments on all subjects being responsible
for the abuse of that rght-and law shall passed TO
restrain abdge the liberty speech or of the press
In oil prosecutions and indictments libel the truth may
oe g'cen IN eridenee to and appear to the jury
that the natter charged belous true and published
with good motives and for jusabls ends the party
cused shall stand acquitted and the jury have right to
determine both the law and the facts" Formerly in
England well here was held that the Court were
exclusively the judges of the law of libel and whether
individuals or the government belled the Court
on reading the paper decided whether it lbelous
nothe jury having nothing to do but simply pass on
the question of publication This rule of law in England
that the government protected itself by in all oppres
sons Of the people-and there means of stemmng
desposm OF those in power in this particular by
OF Intervention of the judges who constantly held
individuals responsible whenever they called in question
the conduct Of the and the character of its
the press but also Of public discussion This led to The
very celebrated letters, of which all of you must
have read ,S written by Junus in favor of
probably that the great struggle first commenced which
establish in that country the privileges oree dis
cussion and measures and of the 90.
This law Justly regarded as of the highest
Importance and in this State it is summed up and
settled in the section Of the constitution which l
have read. And you from its peculiar phra
seology it was intended that individuals might
express their sentiments freely, and it was 10 enable
them to do that either by speaking writing or publishing
being held first for the truth Secondly for the
motives and thirdly for the ends of The public ation
Now you have heard il said by the counsel the other
tIa hat Mr ic
munity This may be yet he does not appear on this
trial before the Jury individuals generally do There
1om from all law and all restraint that apprehend can.
not yet be grantedto by any twelve honest urymen
'e found in the community: am free and willing to adj
nit It's right to the freedom bestowed by the Const
uuon but yet is not always proper, right and just
publish the truth. Because, il the doctrine which will
probably be claimed the gentlemen is true there no
man i'll this community who regard the private
OF his own house as safe from the gaze
the public newspapers which will transfer to its columns
ana the world the most private affairs Of his house
hold The slightest controversy that may take place be.
tween man and his vile may be spread the pages of
difficulty with one OF his children may be trumpet forth
and sent forth III glowing colors either TO degrade
lure IN some way the head or members of the family
Great complaint PAS been made and in fpct part IF the
notoriey"cf Mr. Bennett arises from the fact that
stead Of applying his newspaper to the discussion of
principles OF civil government and and measures
which form the fair subjects Of newspaper discussion
he has gone from public life into private life in such
way, that man could scarcely have around him his
friends to have nvviai meeting, without their ben@
put before the community, and almost every word and
joke uttered published to the world to CRAFTY vated GU
rosity. mans daughter to have small social par.
ty OF her young female friends to visit her. their names
character and behaviour blazoned FORTH often in
such way to produce blush on the cheek of modes.
~ while there was nothing the face Of the thing
you could lay your hands vicious in ITSELF Now
stand here to deny that Mr. james Gordon Bennett the de-
iendant in this any other in the editorial
chair has any right such freedom And il will be for
you Gentlemen to say after you have heard the whole
history of the whether he stands justified or not and
whether you members of this community
grant and concede such right to such an extent The
public press is instrument Of very great good and also
of very great evil Within its legitimate and peculiar
pherewth all the liberty which has the right to claim
lin the selection of proper language there can
be necessity in a community like ours OF
its gong beyond its proper bounds. In this case
Mr. Dey complains first, that the editorial remarks
are hbeous, and to this, gentlemen, perhaps If
you ake them sentence by sentence and examine them
cdcay you conceive that they are true or are in
the main But they are on the face them taken In
connection from beginning end intended 10 be satiric
cal A man may be libeed by speaking the truth OF him
For instance if individual Is known to be very stu
pd mai and with bad memory should be represented as