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


candidates for public office, provided the truth be uni
iormy spoken To these subjects restrcteihe press
ne aeeo tha hsd any right to publish anything in re
cara 10 private individuals, to invade the sancy oil
the domestic circle and private life In short the District
Attorney denies that man has right to publish any
thing about private man at all. That is what
PLAIN OF IN this doctrine The District Attorney takes the
broad question that every thing said of private man in
private situation is belIous Now can Won find any doc.
rine of that kind in the language OF this law7 admit
that the District Attorney in general high legal autho
rity that he understands and desires Interpret justly
the laws OF his country but ask him where does he nd
any foundation for such doctrine in the law that Every
citizen may freely write and speak his sentiments &c
an cases IN relation to all maers"-there is not
single exception-pIovded the public alton be and
done with good motives and for ustfahe ends it Ii
bellous speak with great respect that the District At
terney is altogether wrong this point We have right
to publish any thing that takes place private life prov
ded be true and doEe with good motiv and for usa
BILE ends freely admit tbs when one goes into private lie
for the purpose of exhibiting mans little faults and fol-
bles-n all Of such oicieus the law
very properly pronounces prima foei. that has been
done without proper motive and without ustable ends
And OF thus desceAds into privse life the law
requires strong affirmative evidence that has acted with
good motives and Tor Justable But the ground
which took the other day, and which still maintain, and
which has been amply discussed before YOU and you will
the RESPONSIVENESS of it, and its accordance with the
law contend that the law permits the publication of any
thing about any one provided it be true and published
with good motives and for justifable ends Now all
that we have published of Anthony Dey be true-and
defy the powers OF Incredibly to doubt that it
is true--then the only question remaining is
had we justlfable end and actu
the purpose Of sandering MIR. Dey, a man who was a
stranger to the defendant, and where there
quantance nom which malice could be inferred did
we purpose OF carrying out our discussions on
some of the great principles ofgovernment perhaps
might with more propriety say, the principles which
last iour or five years Now must appear the Jury
that is done with good motives and for ust6abe ends
beg you to attend particularly to that part of the Ian
guage of this clause of the constitution And shall
appear to the Jury that the matter charged as beous
is true and published with good motives and for usabe
ohall NJ and No il
not necessary for to adduce absolute proof that he did
out Of good will kindness to Anthony Dey-that he
MON of him. sufficient that it appear to you either
from the nature the qualification subject it,
or from any other source that done with jusable
motives and for proper ends then you SHALL by the
stitution OF your country acqu James Gordon Bennett
not what clamors may have been against him
not with what holy malice and zeal the prosecutor
may be edif he has published the truth and that with
good motives and for proper ends he is to be acquitted
Whowould think, would ask ofindcting the editors of
the public press in this city for publishing the
this Criminal Cour2 And yet with equal proprety might
they be indicted for doing for publishing the
and extravaganza of The object in publishing the
trials and convictions Of the candidates for Sing Sing
the of morality and the good order Of society With
similar mertorious and justfabe object of correcting
the standard Of business morality has the publication
planned published the doctrine Of the District
Attorney to be carried out why does he bring
indictment against the editor who has published that such
and such have been convicted of theft and sentenced
to the penitenary. Might not such publication be just
as we'll indicted that which is now complained Of
which merely faithfully describes schedule itself
premey ridculous2 Most certainly Are any such dis
tinctons to be madef Is not the humbest culpr this
bar as much under the protection Of the law James
Gordon Bennett And if Mr. Bennett is liable prose.
cution for libel this ground the suit OF Anthony
Dey, why not the editor who publishes the fact Of
the conviction othe thief Need any longer urge that
for publishing the truth relation to this apple
the Bankrupt Law Mr. Bennett has been guilty of no
libel Is there any thing which shows that he published
1t maciously! Ionly refer you to the language of the
publication itself He calls Mr. Dey ga gentleman" and
there is as much SANDER in the application OF that ephe
Mr. pey an or ae man o BUSINESS e sos
Christian" He says that he represented as a man
worth 5000 shortly before he faed-and that we have
seen to be true by Mr. Beach, who he does
know what poudretteis QLaughter) We contend, gen.
tlemen that all our statements We contend that
giving to the community information in relation to the
operations Of the Bankrupt Law and the credit sy STEM
and did in fact what according to the doctrine Of the Dis
trict Attorney he was clearly authorized to do Now
comes the remaining question: has Mr.. Bennett held An
thony Dey up to public scorn contempt and indignation
There are some men, gentlemen, suppose, who think
that from the peculiar situation they occupy in society
their persons and all their rendered sacred
have doubt that Mr.. Dey regards himself as such
parsonage, that for Mr.. Bennett to mention only
his name in his paper is libellous. But, gentle.
men, ! do not know that you are bound to
cular immunes which do belong his fellow citi.
zens any Of you, have just good right to regard
the publication Of names in Mr. Benefits paper
Insult as Mr.. Dcy may fancy himself possess. do
not suppose that will he led to believe that Mr.
nett is bound to refrain from all mention of the
Anthony Dey But what has Mr. Bennett really said
sSESs psy Has he w HsgSd h% s
morals No. ask you seriously gentlemen of the ju.
ry has Mr. Bennett charged Mr. Dey with any moral
piiude, crime. fraud' say he has not. Has Mr..
Bennett represented Mr. Dey in any ridiculous aspect
dependent Of the facts set forth in the schedule itself
Has Mr. Bennett gone into Mr. Dey private family circle.
m of 1e r HAS
foibes. Not at all There is the contrary striking
orbearance on the part of Mr. Bennett He has think
IrQ antfo atoA
his part not to put forth single remark
calculated to inure the feelings Of Mr. Dey, except in
attention by and by What Task again and again is here
in the remarks of Mr. Bennett independent of the facts
shoWn TO be true that is calculated 10 make Mr. Dey rid
cuous
Mr.. JORDAN then commented considerable length on
the language in the alleged libel and showed conclusive
ly that altogether destitute of mace-that itswas
couched in friendly terms and not at all calculated to
SANDER deame the character Of Mr.. Dey He asked if
the jury to try the proprety Of Mr. Bennes
literary taste? Was for the purpose of erecting
dard of literary TASTE by which all newspaper editors
to De regulated that indictment had been brought
Their the public had been made with good motives and
for ustiAable ends trust said Mr. j. this
to crush newspaper editor for the faithful discharge of
his functions. trust there honor and justice enough
into should have allowed
unnoticed Your schedule stands itself mperishable
monument Of your folly and extravaganza The record
OF madness and folly is already written plainly
enough in the suerngs of beggared widows and
for, gentlemen, there administrators and trustees
estates which have been wronged and ruined by
speculations "You should have kept out Of court and
net added nooriety to that injustice which, whether in
tended or not, is permanently recorded in your own
schedules"
Mr. WHrTINes SPEEcH-In consequence of the lateness
of the hour is possible to write for oday paper
the noteso Mr.. Writings very ablespeech which ne felt
called upon make in reply to Mr. Jordans address
the jury He laid down the law at length and cited nu.
merous authorities He claimed according to the con.
stitution Of eur State that Every citizen may freely
speak, write, and publish his sentiments all subjects
(such as law, religion politics. Brandreths pills. &c)-
not on all indivduas He maintained that there was diff
ference between the private citizen and the public citizen
other By reference to the charge of the Recorder will
be that this doctrine wholly upset He raid Mr.
Jordan very handsome compliment, calling him pro-
found lawyer strong and powerful ressoner, and an
eloquent orator He said he should endeavor
Mr. Benefits conviction and punishment IL the evidence
that upon the face Of this publication, Mr. Bennett has