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

Court Of General Sessions.
Present Recorder Talmadge, Judge Lynch Alderme
Jones and Crolius.

L
After twenty or thirty persons had been called
The DnrRIcr ArToRsrr asked Mr.. Morrill, II he had
not better have Directory
Mr. MoRRmL-oh! sir, yon have only to LOOK ut the
scheduie-it will answer the purpose "A laush)
Mr. MORRILL, proceeded-Pat Colpays
DISTRICT ArroRNEr-Whos that
Mr.. MoRRLL-O Oh that's the man that swept his Offices.
| Mr.. MoRHnL went on--Monmouth B. Hart
DISTRICT ATronSEr-He's looking for Colt. "a laugh)
| Mr.. MoRRnL-Dudley Seden.
| DnrRIcr ArroRyEY-Oh! he's in Congress. "a
| laugh)
IAN officer here handed Directory to the District At.
orney, who again offered to Mr.. Morrill, amid the sup
| pressed laughter ofthe audencel
AZ length the long list Of witnesses concluded
Mr. JORDAN OF counsel for defence, then rose
ana beg leave to say TO your Honors that this is
case which has excited considerable interest the
munty not only on account Of the conspicuous charac
paint being for libel in publishing what appears the
records OF the District Court Of the United States
and making such remarks will appear by and by
Mr.. Bennett stands in the situation of public journalist
man conducting newspaper ofvery extensive crcula
on and one which takes cognizance of the politics, fol
lies, morals and crimes Of mankind, extensively
public journal in the country and he has therefore ample
means for making enemies as well as friends He has also
the means and perhaps ike other editors employs Them
creating prejudices. Now propose-of course with
out any knowledge whatever the opinions sentiments
any OF the jurors called with respect the parties
the case, the ITSELF by ay of to cha
enge the jorors, and to ascertain from them individually
whether they have read this alleged lbe-whether they
have heard conversations about itwhether they have
any preudices against Mr.. CHARACTERIZATION, in short
they are in that situation in which the law requires jury
nocence of the party accused make this explanation
because stherwise challenges might be deemed un-
courteous and unkind to the jurors.
REcoRDER-Certsmly sir; you have right to chal.
lenge
JOHN B. GAssNER called and sworn.-Knew both par.
es had read the LIBEL thought at the time that
wrong for Mr. Bennett to publish these little notons"
that they had better been kept secre read his
store to his and made good many remarks about
it; Mr. McLaren was there at the time and he said
was wrong to publish it.
REcoRpER-Dd you form any opinion on the matter7
JUROR did exactly make N nv m nd xyas
libellous would rather be excused sir.
DDTRIcr ArToRNEy-That is not the question; did you
make up your mind that it was beous7
JURoR-Yes, did.
He set aside.
JAMES PEACH called and sworn to his competency;
had the publications. that the SCHEDULED did
see the remaks had not heard much talk about the
ter had formed opinion about the righ.ess the
wrongness OF the publication; had prejudces against
either party, neither of them had troubled him in
any way.
He was sworn juror
ISAAC M. sAMuxLs was the next juror called-He
not acquainted with either party; had seen the pub
LEGATION in question: had formed opinion; never gave
the matter thoughts knew from hearsay that Mr.. Ben
nett is the editor Of the nerald never had any occasion
to form any prejudice against either party.
Mr. JeRDAN-What is your opinion OF Mr. BENEFITS re-
putaton editor1
REcoRpER-I do not see the propriety of asking that
question.
Mr. JoROAs-l am aware, your Honor, that the rule is
differently administered in different Courts think if
jurors have any general prejudice against the party on
trial. that he is disqualified
hECORDER-l merely made the 6ugQ eStiOn that
question was too extended
Mr. SAMUELs was then sworn.
GEORGE W. Atwood was next caed-Had not formed
any opinion Is merchant at IL Front street. Has no
prejudice against either party. Sworn.
GEoHcE B. MILLER-Ead formed no opinion. Is not in
any business present Lives Pearl street
Has no prejudice against either party. Sworn.
HENRY j. MITCHELL was next called, but did not an.
ALBERT WArERBURY-Does not know either party
Had seen and read the publication in question Had not
formed any opinion as to whether it libel Had
formed ar
DISTRICT ALroRrEY-Isi it in moral or legal sensea
JuRoR-In moral sense.
Mr. JoRpAN-Well, the moral sense is after all what
constitutes libel The Jurors not supposed to be
awyershey are not supposed to know when they read
kind that the very law depends moral right
wrong of it. 1t is undoubtedly question for tho jnry
whether the publication be libel not and vet they
Judge off with respect to the moral resttude of the thing
itself II seems that We have great trouble in getting
jurors who have formed opinion way the other
and suppose would be satisfactory to the parties
and to the community, and in fact rebound to the
honor of the law that the should tried by Jurors
who are entirely free from all prejudice impression in
regard to the rectude otherwise of the Accused l
submtto Honors that though the grounds may be
slight, yet they are sufficient to exclude the Juror.
DrsrRrcr ArroRNEY-I submit that the Constitution sun
roses in the Of libel that every citizen is good law
yer declares that the jurors judges both of the
law and the fact The that goes into the box must
be Free unbiased juror with regard to questions fact
In every when juror is called the great premina.
innocence ofthe accused If So he has done it, not be-
he knows the law of which he supposed to be ig
Dut because ne mas formed distinct opinion
facts ofthe case Now has formed opinion
to whether the publication was libel not, but simply
with respectto the propriety Of the publication. Now
the Court please II the rule ofthe gentleman is
lid gentleman who after reading the publication and
asking himself the question whether proper to pub
lish or not would be qualified juror Then we would
haveurors who do not think ALL This juror has form.
ed no opinion on the legal aspect ofthe case.
Judge LIscH.Has he not, in avowing that he had
pedy given know that he has formed an opinion of
the motives ofthe publication
Mr. lam If ctr Of hatx
correct Certainly is very pleasant situation for any
ndivduat be placed in who is to be tried for an aedg
duct wrong. do not know what is the opinion OF
the in this case but all we are exposed to
that without asking his opinion. think that the admin
istration of Justice
REcoRpER-Ths indictment is rather REGULAR mas.
much the Jury judges both of the law and the fact
The motives constitute very much the gst case of this
kind, and it is very desirable that the Jurors
on taking their seats. should be unprejndic ed
is Of opinion that the juror should stand aside.
Mr.. Waterbury was &C 'ordingy set aside.
BENJAMIN r. TBEALL next called Had formed
opinion, and had no prejudice Sworn.
WILLIAM HAwKISs-Is leather dresser, lives at 36l
Pearl streetreads the Heradhad formed opinion and
THOMAS w. MoNTcoNERY-Is a merchant, lives at 366
Pearl streehad formed opinion and had prejudice
EsocH MoReAs-Livcs at 2O2 Greenwich street; is
soap and candle manufacturer Had formed opinion of
the publcatonhsd no particular prejudice against Mr.
Bennett Mr.. Bennett had published some things which
he thought ought not to be published.
Mr. JokDAN-l suppose that is enough to exclude the
juror
REcoRDER-He has that ho. has no particular
prejudice.
Mr.. JoRDAr-Mr. Bennett occupies peculiar position
Some think the Herald excellent moral paper and
others think differently suppose if Col. Webb
called this jury, although he might not have formed
any opinion to the publications in question: could
scarcely think him fit and proper juror account of
his prejudices.
The JuRon-Mr Bennett has merely published some
things which didn't like don't know Mr. Bennett
Mr. JonD.s-That's not it, sir; knew Mr.. Bennett
well do the that Shines before saw his face
! submit that this must be excluded
REcoRDER-l really dc not see what grounds, Mr.
Jordan.
Mr.. THEALL then sworn.
JOHN CoMrroS called-Had formed opinion as to the
propriety of the publication Set aside.
DANIEL RoBRINs ealed-Had glanced over the pubca
ton, but not with sufficient to form opinion had
particular prejudice against Mr. Bennett and scarcely
read his paper but considered him entitled to his
rights. Sworn