The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-02-10
General Sessions.
Before Recorder Tallnsdge, Judge Lynch, and Alder
Crolius and Jones


james r. Whiting, Esq, District Attorney. .
FEs eth.--.4nhony Dey VS.. James Gordon Benneu-
On the opening OF the Court yesterday the District AoI
ney and the counsel Tor defence entered into
heightened argument respecting the sdmisspiy oil the
The RscoEprn gave the decision of the Court as fol.
lows lit has properly remarked that the party in
dcted for libel can Offer testimony IN PROOF OF the truth
sfthe publication There is such provision in Con-
sution and in the opinsn OF the Court this rule app
cable only direct aud positive charges which
bellou hut also TO cases where the charge arises by
imputation is fairly deducible from the language
however cautiously guarded. Many may occur in
which a inteTrogatory may convey a charge as
strongly and may equally destructive Of Character
direct imputation fsuch charge be made in the al
legged libel or is deducbe from the language employ ed in
II, the Constitutional provision is applicable and the teti
mony clearly admissible. In the present publication
Deys case represented remarkable singular
account OF vast number and the great
number OF distinct classes OF individuals enumerated in the
schedule find but one expression which would imply
want o. integrity or honesty and that when it saidhe
case OF MIR Dey will be found be of great richness
In morals" The expression here used may imply
OF integrity on the part Of MIR Dey But the very next
sentence would neutralize that meaning for
added, mo blame is attributable to Mr. Dey, he seems
to have been bowed down for under that
domestic economy c Dey u.s. then, rather represented
unusuel number of small debts with many persons in the
community The object then, in the view of the Court,
oil this pobcaton rather to hold him to rdicue
tn to charge him with fraud. The defendant therefore,
is prohibited from offering evidence OF fraud when
fraud is charged to have been committed In addition to
which would remark that the admission of the District
Attorney would TO conform to this opinion The Dis
rict Attorney does not mean to charge that Mr. Bennett
meant to mpue fraud to Mr. Dey in mourning debt and in
his proceedings in the of bankruptcy he has
merely been held to public rdcule excluding entire.
the idea to re6ut which the testimony is offered.
this opinion of the Court
Mr. MoaRrLL then requested the District Attorney to
mention the authority on which he meant to rely in sub
hitting the case to the Jury.
This request was Immediately responded to by the Dis
trict Attorney
MIR. MORRILL, then commenced the summing up on the
part of the defence He contended in very able
that the publication in question fully by the
schedules of MIR. Dey-documents which public
property, and which perfectly proper in Mr.. Ben.
nett to lay before the Iword Mr. M. commented with
great effect the schedule ITSELF and showed that any
rdsue which had been excited belonged only TO that
document-that it was Mr. Dey himself who had exhi-
bited his past career in ridiculous aspect to the public
eye Mr. NJ quoted from Roscoe p. 625, and showed
clusiyey that there not particle of evidence that
Mr. Bennett was actuated by malicious motives. Mr..
dom Of press and the proprey and sautary tendency
OF the publication charged as ibeous We regret that
our limits prevent us from giving than this measre
Mr. JORDAN then addressed the jury confess gentle.
men OF the Jury said he that scarcely excuse my
self for OBTAINING you for moment upon subject that
has, by the ruling Court regard to the evidence
been so circumscribed and all the legal points of which
have already been SO fully discussed and developed and,
az presume, understood by the Jury. If 1t were case
embracing great amount of testimony of complicated
facts sworn to by witnesses which needed array and
which IRON the srea length of the trial. might have
caPea memory, and 80 required to be recalled to
ourreeollecten, it would be very different matter
But perceive by the ruling Court that there is
very little evidence except what consists in these papers
The papers are before you in evidence and will be your
right to take them into the urybox during your debera
tions Now it cannot be expected that in this state Of
things there can be much said enlghen instruct the
Jury upon the case presume that you now as much
in possession othe law the facts in the case as YOU
Will be when the counsel we'll for the defence as the
prosecution shall have been adduced and the charge
the Court delivered Every thing has been thoroug
in your possession But as il seems to be the
disposition OF the District Attorney up this case on
simple influence of the duty of dscharging his
Office; for ] am sure that could not have com.
is individual who sits behind him, and comes into
Court 10 prosecute this indictment with what spirit and
intent | am Wiling to Let you judge-whether with
intent simply to yndicate the laws from the inv aston OF
the defendant III his remarks whether in
spirit OF vengeance, and desire put hi. hand heavy
and crushing hand, the hand Of the law welded nv the
District Attorney the defendant In this case leave
you to Judge am that there class of indivi
dnals IN this community who think that James Gordon
Bennett ought to be punished every occasion There
are men OF high strung morality and piety, Of exraord
nary purity and virtue like Anthony Dey the prosecutor
punished anss, and that il he indicted for burg
ry he ought to be punished for libel if there
nothing else against him In their opinion matter
for the good of his soul hereafter! Qaughter). Now
have to assure you that my client has
more taste for being punished, or held
up at the bar ousce to have his or his faults
hauled than any one of YOU know Mr.. Bennett perso
naly. was taught believe as suppose Mr. Dew was
taught to believe, that Mr. Bennett was perfect savage
expected to meet tiger. had idea that man Who
was SO much spoken against could be human. But found
him retiring, modest, sensible, gentlemanly He
hiss edited aPaper to be and know its character
as we'll as do There have been many things published
doubt Mr. Bennett on mature reflection would now wish
omitted Many things have appeared in it formerly
which would not, am confident receive admission
into its columns But gentlemen with that you have no.
thing to do All wei ave to 10 is, to try James Cor
don Bennett for this alleged libel against Anthony
Dey You are not to turn csnsors of the public
press in general. You to point out by
your verdict that man who edits newspa.
per must pursue just such particular course, and
other pain of being indicted dragged before the u
dicisl tribunals oil his country and punished for
ransgressng the prescribed limits It would be an out
rage common sense, all law on descency on your
feelings and integrity if the District Attorney or any one
else should have the hardwood call you convict
indictment Let me call your attention for a short
time to the indictment before you. Mr. Bennett accus
is set forth in the Indictment, and purports be the
first place an account Of Mr. Deys application for the
benefit of the bankrupt law and Mr.. Bennett gives an
account Of the schedules of that genteman debts and
assets Now, am not going to wade through these Sc.
venysx pages Of foolscap am not going to call your
attention particularly infinitely to the schedule of Mr.
Dey, nor the report Of it as published by Mr. Bennett
only challenge you, you have any doubt of the
cy Of the report to compare with the document ITSELF
as taken from the files of the District Court. There
not the slightest discrepsncyno garbng distortion OF
facts suppression OF important truth Mr. Bennett un
Dey. He does not name every creditor, but he gives
us list of the "classes and masses" OF them, and
there Is nothnB IN using
masses" which chimes very prettily with Glasses {"
He begins with the and butchers and
bakers" and he goes with the enumeration of the
various classes OF individuals whom Mr. Dey got in.
debted Now take the schedules and you find that all
this true to syllable There is not single person
class named in the publication which not be found in
the schedule Well, then, Mr. Bennett goes to de.
scribe the assets" OF Mr. Dey and his description you
will find is strictly faithful. There were " psalm.
books" and bibles' and "pews" pertaining to Mr..
Deys religious character And then there gold
mines and poudrette and Land Company1 stock" and
HaY unarhip md kpo rIo
wonderful variety and admixture of property. And it
turns out that Mr. Bennett in reality gives Mr. Dey more
credit for property than he deserves for whilst
that all his property which really worth any thing
had been assigned 10 favore creditors Mr. Bennett does
not state that but overooks it, might very readily
do in looking the schedules hastily Now ask YOU
so lar as all this concerned there any thing wrong
The District Attorney has dsavowed the impuation that
Mr.. Bennett intended to charge Mr.. Dey with get
ting into debt frauduently Mr.. Bennett has charged