New-York daily tribune., 1843-10-20
THURSDAY, October 10

coMMny P1Ets-Nos24, a. ls3 3s 40, A. 4s H. d.
! IA.
THURSDAY, October ls
UNITED STATES DISTRICT CoURT.-ln Bank
run.cvJudre BErrs rendered decision in the case OF
Anthony L. Dey Two-thds OF the creditors not preferred
in his assignment having assened to his discharge he Is en-
titled to receive and decree was entered TO that elect
SUPERIOR CoURT-Before Judge OAKLEY.
George G,lswold President of the U. s. Bank Of ~ y
r.. Executors of James Dob6lns.-Mr, D. III 1885 and
1897 endorsed for accommodation Southern paper payable
10 Evans Carman Ii protested and IN 1887 note
given in lieu Of it for S625o, which is now IN SUIT lhe
defence that . TO per cent was taken lot ehchaes on
the original transacton besides per cent interest," which
constitutes usuy Verdict for plaintiff subject to the OPT
nion of the Court
COURT OF COMMON PLEAs.-Before Judge
ISGRAHAM
Gilbert vs. GrindeH 8. Duggan.-Action By seaman
against the master and of the ship Courier Tor assault
and battery while the vessel lay at Messna IN March last
Verdlcc for plaintiff $50 and costs
Coupr OF SEss1oNs-Before the Recorder and
Aldermen Martin and Tillou.
JAMES R. WHITING, Esq. District Attorney
Tet1 OF MICHAEL WALSH For LlSEL.-The trial Of
Michael Walsh for libel on Joseph SouthaTd which has
occuued the attention of the Court for parts of the last
DAYS without obtaining jury, was resumed this morning
and from the new Tales summoned last mig hit and to-day
Jury was obtained at 20 minutes after l. o'clock Messrs
Graham N Reynolds and Rivers S. Wilson, appeared
as Counsel for the defendant and the District Attorney aud
Jonas B. Phillips for the prosecutions
The case opened the part of the People, and called
to the stand the witnesses.
Iienyv Kimber was called but did not appear.
JOSEPH Southard swom--Deposed that he cooper
" RI,
Washington market had lived II years aud that
he was the person alluded to- believed in the paper
called the Subterranean of August the l2th 5l3that
he had the article after the paper had been handed
him-anothe. cooper, Shotwe lived corner Washington
and Murrayanolher, Decker In Washington street,
door from the corner of Courtlandand that Of deponent
as before stated-has lived in the neghborhood some twenty
others have not red hair and not person such
he descnbed-has seen Aichae "ash Out Is not ac-
ouanted with him.
Crosseram;ned-Id do not know what carrotty hair is
am not in the habit Of dressing filthy and sovenly
presented low, vulgar or ruh.ny appearance
Was brou mechanicdreSs rather carelessy when
az ysork-at,end to business fahtuo through th day
sometime running about out OF doors TO attend TO my busi
made any complaint against Walsh at the Police
Oifce-I MIR. Writings Office and showed HIM the
papefPeer Watts accompanied ne-wen before the Grand
Jury two or three weeks aerwads-caled on MI Whiting
the Monday after the publlca,ondon know whether the
Grand Jury sitting at the tune OF not et the paper
with Mr. Whiting and did go before the Grand Jury
Ill received subpoena before the Grand Jury IN Sep
tembe The emp oyeu by myself Shotwell and Decker
were all small with dark hair except myself
spoke Nh Walsh my life nor had any quarrel with him:
was opposed to him politics and SAID thought he
not pursuing the right cOuse; this was IN public house
where several parsons present. have spoken Ill OF
him as pocian--did not think HIM it for any otce-
never ok dsrespecay Of him private cltizenl have
heard OF person called Captain Blowhard-the term aP-
piled 10 Nh Fletcher and myself.
Direct resumed-When went into Mr.. Writings Office
and showed il to him. he replied that they had SAID bad
,In no
the paper home and reflect upon aud If thought proper
afterwards 10 90 before the Grand Jury could do SOL did
so and afterwards Nh Writings office alone
and did Mr. Whiting that ums-beIng sometime al
terwaIds 3ubpenaed went before tue Grand Jury.
Cross-eramined-Wheu went the I'd time to the Dis
tTict Attorneys Office left the paper-soou after, day
Two, subpoena left hous--was called upon
any GO before the Grand Jury by any other person.
spoken concerned with any person having
a complaint agains, Walsh 90 before the Grand Jury.
Henry ktmber swOIn--D.posed that Michael Walsh is
and the Editor Of the " Subterrsneau.n He had the
control OF It's column-canaot who wrote the articles
termed libeous-the manuscript wa, destroyed.
Cross-e-amned.-Mr Walsh was not the proprietor Of
the SuberGanean the date Of the alleged bedon. know
whether he the office that day the day previous
lie has gh order articles out if he chooses-artices
sometimes sset into the paper without Nh Walsh seeing
| them.
Direct resurea-AIr Walsh has one-,hrd Of tue profits
Of the paper and received that one.hrd OF the profits which
were paid him Ed,tortere propretors-I de.
cline giving their naEesWaish did not nave the Office
ouly three persons present hen the agse-
ment madethe .PrOprietors and Editora number of
articles went under the editorial head which Mr. Walsh
never
James De Mott, sworn-huows Nlr Southsrd-las
walsh in CosIt aud him es ves-y street--Mr
Ross came and inquired OF Walsh why he came down so
on Mr.. SouthaId hear the reply as went out
JOHN E. Ross, sworn-Saw Mr. Walsh on the occasion
referred BY the last Nr tlVs-severa per-
sons were ,here-I asked him how he be down
on Nh Southa.dWalsh replied careless manner thar
he (Southard) might hold his tongue-Mr SouthaId -
cooper and lives Washington makeam not acqusint-
ed wiki any other cooper in the neighborhood OF Washing.
ton uarke; there are others, however.
Nh Phillips then read the lb-ous article and the prose
cution rested
Nj Graham then and conerded that there nothing
in the article which upon face Intended to apply
10 the complaiuant could be supposed TO apply TO
him except extensive evidence and that there nothing
TO 20 before The uythat there nothing IN the indict
ment connecting the facts stated with Nh Southard his
name not being any part OF the article mentioned, directly
or indirectly.
The Coat remarked that the jury the judges Of
the law and the facts 1t must be left them Judge.
" Reynolds, Esq then opened the the part of
the defendant bold and very able speech.
The Court then took 20 = o'clock
EVENING
The Court met 81 o'clock aud proceeded with the trial.
Nh Graham called the stand his honor the Recorder,
who said affidavit made by MI Slamm handed the
CouIt yesterday monughe paper had been but cusory
read BY wIes-I have received letters letter from
Mr.. Walsh any concerning hlu-nor have been
pokea TO on his account by any one.