The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-10-18
General Sessions.
Before Recorder Tsllmatge and Aldermen TIlou and
Martin,

| 1coAo ANeSoANS' sAe ~Ae ~~ANSN~A ~HAA0S oAAe
JAMES R. WHITING, Esq District Attorney.
| TUESDAY, Der. l7-T,ial of Mike Walsh" for Libel
Levi d. Siamus The Court detained nearly
hours waiting for OF the jurors who absent and
who, upon making his appearance said "he didn't
| know it was SO late"
The RscosDER then proceeded to charge the Jury, in
the OF which be reviewed several points OF law
urged by the counsel for the defence we'll the
ute Of the State governing the He charged that
general report rumor not sufficient to FULLY justify
publication charged as lbellous but would tend. in
civil suit to assist in repeng the charge of malice in
mitigation OF damages. That evidence that complain
common lbeler, would also 60 in mitigation in
civil suit, but not legal defence in criminal
action He charged that the Jury the sole judges
both the law and the fact and that they must be salts
fed that the article charged hbellous, libel
the meaning of the law that published by the
cused; and so, was 1t with good motives and jusfable
ends That had been alleged that the complainant in
this case public man, conducting public press
and therefore, his character was open to the attacks OF
sidered that his public acts proper subjects for
and cepsure but his private character could
cluded by charging that the Jury satisfied tina,
the publication made from motives before they
could scaut and they believed that emsnated from
stances OF the case by the testimony
their duty to convict him.
Mr. GRAHAM asked the Court to charge that the same
latitude be allowed TO the private and public cha
racer OF party in flee, that would be to party who
The Court acceded proposition, and the Jury re
| tired at about o'clock
At about o'clock the jury into Court by their
|
called upon the stand witness by Mr. Whiting
Tor the prosecution and objections being made by defence
to the questions put he was withdrawn, had the defence
| then right to examine said witness.
The Court stated that whenever witness called
by either party and and then withdrawn the op
poste party had right to enter into crossexaminaon
| Of witness
Mr.. GRAHAM took exceptions to this charge Of the
Court, which were noted. The Jury then retired.
| Trial for Libel Joseph Sou,hard.-" Mike Walsh
was put upon his trial for libel Joseph southard pub
lished in "The suberraneam." on the lah Of August
traitor to his county, and that he had been publicly
whipped in New jersey for stealing poultry. That he
times where his felones had been compounded without
| trial, sc.
An additional panel of ten jurors were summoned by
deputy Sheriff Arnold, from hich with the old panel,
eight only selected the remainder aside
having expressed opinion either unfavorable favor
The Court then took until six o'clock in order
| to give the jury time to deliberate.
AT SIX o'clock they assembled and the jury were call
able to agree, and that they would in ali probability
tinue the Court ordered them TO be discharged The
jury refused to tell the position which they stood as to
acquittal or conviction.
NAvAL.-We copy the following items Of Naval
intelligence rom the Army and Navy Chronicle Of
Friday Iast:-
The briggs Pioneer and Consort have been order.
ed to be fitted ships, probably intended
for the African squadron.
The schooner Wave will take the place OF the
Pioneer as receiving vessel on the Baltimore sta
| ton.
The rendezvous at Charleston, s. c., is to be re.
opened under Commander Plnckney, and the schr.
| On-ka-hy-ee under command OF Com. j. d. Knight,
Is designed as the receiving vessel
NAVY ORpErs.-Oct. 4-Lt. J. T. McDonough. receiv
ing vessel, Baltimore. Oct. SIP. Mid VIM. De Iongh
frigae Savannah, Norfolk; Mid j. p Wheelock ship In
dependence, New York. Oct. Capt j. d Sloat, de
tached from command Of navy yard, Portsmouth, N H.
LIST November and waiting orders; Lieut.. Roger Perry
steamer, Union, Washington; Purser VIM Sinclair, or
der TO sloop Yorktown revoked; Master Thomas Coin
rendezvous New York; p Mid c. ap Roger Jones, Depot
OF Charts, Washington Md. James L. Blair, brig Per
ry, Norfolk 1t j. w Cooke order to brig Perry revok
ed Mid r. Fairfax, sloop Boston, Boston. OCT. LA
d knight command Of schooner Onkahy ee as receiv
ing ship, Charleston, South Carolina; Commr. VIM. NJ
armstrong; 10 command OF rendezvous Norfolk, vice
B. McC suey, ship Princeton, Philadelphia. Oct 10
1t WE Lynch permission to be absent from the Uni
Oct lit A. Winsiow, to return to Gibraltar Wis
England, with dispatches to Capt Newton.
hssosArror-Oct llth-E. r. Nelson, acting Mid
| shpman.
| FRIGATE Missouri. 1.-The ship Rajah, Capt. Bangs
arrived IN this port this forenoon, from Gibraltar
having sailed on the Sd of August, and having on
board the materials which, were saved from the
wreck OF the Missouri, and bringing as passenger
J many of her late officers and crew. The names o.
the officers are as follows, taken from the Exchange
News Room books -
alexander Acting Master; A. Bowie, asst Surgeon
A. 8 Taylor, IL of Marines; Farrow chief Engineer
n "; wahWriant d. Mon Fairfax, C.s Ihrockmot,oI
r. Mid; A. G. Wakeman, Purser's clerks J. Bohrer,
Fry, II Davidson j. March, Mid; w. Scott, asst En-
gneer; H. Hunt, A. 8. Palmer, s. Archbold, T. leller
carpenters d Freeman, saiimakerj and 276 men an'
boys-Boston Transcript.
| u. s. SCHOONER ENTERPRISE Harbor OF Rio d.
Janeiro, August 3lst, 1873 List OF officers attached
TO the U. S. schooner Eae,prize -
| James NJ Watson, Esq, Lieut. Comdg Francis b
Renshsw, LIST Lsu. Charles Hunter, I'd do Edwsr'
Bsell, Purser James McClellapd, Assistant Surgeon
Thomas l. Dace, Midshipmsn John T. Walker do; J
, | II. Nones, do A well.
ARMY-lst Artillery--Company Z, Bvt Majo
Saunders, transferred from Houlion TO Fort Sulli
van, Passport, Maine and Company O, Captain
H. Winder, from Fort Sullivan to Houton