The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-12-24
General sessions.
Before Recorder Talmadge and Aldermen Waterman an,


affidavit showing that civil suit for damages in which
Mr. Bennett was the plaintiff pending before the Su
preme Court and he therefore asked posponement o
Judgment until that suit had either been Withdrawn OIL
was otherwise disposed Of
A. L. JORDAN, Esq, counsel of Mr. Bennett said tha
the civil suit had not been withdrawn. That Mr.. Bennett
considered the attack upon his family infamous in it
character and he therefore presumed that the author
would impose such sentence as the outrage demanded
Ihat the sentence here passed comes up to fair
standard he would say for Mr. Bennett that further
proceedings would be taken in the maer but unless sucf
punishment was inflicted he should enter into stipua
ton to withdraw that suit That in the civil sui
should be tried the defendant could present the punish
ment here inflicted in eNtenuaon of damages there claim
ed, and therefore injustice could be done him by the
imposition OF such sentence Suppose the Supreme Court
were TO take the same position and refuse to allow udg
ment IN the case until judgment had been rendered here
what oud then be the position of the and what the
remedy Mr. BENNETT has pecunary objects to effect
he desires naught but such exemplary judgment the
community would consider equivalent to the offence CON-
mted
MIR. HAsKETT said that Mr. Beach had offered every
atonement Tor the offence commted and if Mr. Bennett.
would formally the withdrawal of the suit
give his word to that effect his client would then be rea
dy to receive the judgment of this Cou-we have offer
ed pay all the costs the civil suit provided should
be withdrawn but until it is withdrawn shall claim
the benefit OF the usual practice OF the Court.
Mr.. JORDAN here again. and begged distinctly to
declare in reply to the defendants counsel that Mr.
Bennett asked for no such privilege that which had
been assumed Mr. Bennett did not ask for the scales
justice to be placed in his hands II had rumored
abroad that Mr. Beach was to be sentenced yesterday
ana Jordan) believed the Court had announced
such an intention and was then understood upon the
part OF Mr. Bennett and his counsel that the Court had
idea that Mr. Bennett had discontinued the civil suit upon
the condition that this Court should sentence Mr. Beach
IL was TO correct any impression of that kind that he
Mr Jordan) appeared-as, indeed he had stated
fore. They had sent no word whatever to the Court
that if they would sentence the defendant they would
discontinue the snt No such thing. What then was
the duty of the Court Mr. Beach had been convicted
1t was the duty of the Court therefore pass judgment
upon that conviction He (Nr Jordan) knew Of no rule
OF law that when party convicted spon indct.
that
the proceedings in another Court of different character
were terminated. He positively denied that there
IRENE Inconvenience in the administration of Justice.
No one Court, having convicted man, should wait
for sentence until the decision Of another Court
known Each ought to have Independent uris
dlcton to proceed to, and do its work; but
ii the proceedings of one tribunal was to have nfu.
ence upon the proceedings of another there the
record With that before them they might then take
consideration what should be done. Mr.. De Witt had
stated that there had been great deal of firing and
recrimlnaon, and that he prepared to show it all
Jordan)did not know how that might be- but in this
case there was nothing to justify the attack made upon
Mrs Bennett; 1t was worthy of not civilized people, hut
barbarians Whatever might have passed between them
Mr. Bennett did not complain Of for he considered him.
self belligerant in the field but when Mr. Beach travel
led out of his way and attacked Mrs Rennett Mr. Ben
nett would be less than not to take the remedy
given by the law for the infection Of chastsement The
probability was tna the sentence, if given now would
put an end to hewhoe proceeding but whether would
or not would depend upon circumstances. Was it due
to the dignity and the independence of this Court
pend its operations upon this conviction for the purpose
OF waiting to what another Court would dor Suppose
Mr. Beach tried in the Supreme Court and the Jury
.ound him guilty, and Mr. Bennett should come back
here for sentence? Why this Court would be obliged to
sentence him. but would recoect the punishment in the
other Court It seemed to him. therefore, that this Court
by not proceeding to sentence, would be showing a
Difference which they were under obligation of
showing especially as there not in this Court in
any community under heaven, any man who could
justify the attack made by Mr.. Beach.
LucTus ROBINSON, ESQ., formerly editor of the Sun"
and another counsel of Y Beach, here and pro-
hat WAC
not relevant to the point at issue.
A. L JORDAN, ESQ in reply, said he had made the
remarks in relation to Mr.. Benefits object of which
complaint was made, by way of explaining his views
He MR. Jordan) did not the gentleman of attempt
ing to avoid the trial before the Supreme Court 1t
intended In their own good time if they thought proper
to prosecute that suit it their righ-and it was no
bar to Judgment here that there suit pending there
The utmost extent that the proceedings in court
could influence the proceedings in another was as re-
garded the amount of punishment to be inflicted by way
of sentence in this court by way of vindictve DANA
ges the Supreme Court The only question then was
whether this Court would proceed do their duty-whe
ther they would do their work independent of any
sideratons connected with other courts whether they
would suspend their sentence here until the trial had
ken place there. This was the sole question The gen.
teman said that such was the rule here but he mir
Jordan undertook to say il was not rule of law. II
such practice had grown up in this court he MR.
were the reasons for it. There was such rule of law
and no such rule of propret This court had other
course but that of proceeding The other side
had rghtto in with aidavits showing mitigating
circumstances but how had they shown mga.
ting circumstances By showing that suit was
pending elsewhere; but had Mr.. Beach been
punished there Not at all What then the Court ask
ed to do Why they asked to speculate uponv the
Supreme Court would do and to take their specuations
into consideration for the purpose OF influencing their
judgment! If the had been determined in the su-
preme Court, this Court would take INTO consideration
what the Supreme Court had DONE Just the Supreme
Court if sentence had been passed here would take into
consideration what this Court had done The question:
therefore point OF TACT was one OF and
there any other OF determining that precedence
cept by nqurng what had taken place theCourt where
the first trial took placer He was that certain
statements had been made in Mr.. Benefits paper and he
believed they had been made in perfect good faith but
lest there might be Misrepresentation upon this subject
he MIR Jordan) had deemed it necessary Mr. Benefits
counsel to appear here to show he had discontinued
the suit They themselves the right of irving
after the this Court but Il this Court
imposed such sentence as came up to the public
dard OF morals and to Mr. Benefits of Justice then
Mr. Bennett was the last man in the world try the case
upon the civil side knowing as he did know that the
tence Of this Court might be given in evidence before the
jury; and if they were satisfied that all the punishment
had been inflicted which ought to be inflicted upon Mr.
Beach, then Mr. Bennett the last in the world
try the case. But upon the contrary, ifhe satisfied
that the judgment pronounced here merely nominal
or inadequate under any supposed idea that he would be
punished elsewhere then Mr. Bennett would to
himself the right of prosecuting the suit He Nr Jordan
he remarked before had attended here distinctly TO saw
that Mr. Bennett had discontinued the suit and he did
not mean to do but at the time he would say and
would repeat it, that Mr.. Benefits object pecu.
mary gam; his sole object in commencing the suit
to punish Mr. Beach for the outrage he had committed
and when he had been punished MIR Bennett would be
satisfied
The REcoRDER,in delivering the judgment of the court
said the court would proceed in this all which
were brought before 1t but it appeared that civil suit
pending and therefore il within the which,
in the Of practice had been Iadopedn this court
he might say from time immemoria In previous case
similar description he had occasion to confer with
those who preceded him ; and he found il had been the
universal rule here that when civil suit pending
this Court would suspend its judgment until that suit
disposed Of And there good reason for it, which the
counsel for Mr. Bennett would appreciate Here an
Indictment upon the complaint of Mr. Bennett and civil
suit was also pending for other personal damages In the
adjudication of in this Court the Court took into
consideration merely the public wrong done but also
the private injury. That where there civil suit
pending. 1t was incorporated with it, and entered into
the consideration Of the Court in fixing the amount but
il not so in the civil Court There the complainant
went for private damages but Of this stood
in different position. If damages there rendered
the weight THE offence thrown out of consideration
when this Court passed sentence. They merely looked
at theipublic wrong afordng Of punishment
But it not with the Court of Common Pleas You
nead 10 b..