The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-01-13
Court OF Sessions.
Before Recorder Tallmadge and Aldermen Purdy and
lVandervoort.


generally known that the sentence oil M Beach Tor
libel on the wife of James Gordon Bennett was to be pro
nounced and the most intense anxiety TO near the Juds
ment OF the Court was manifested
There was delay in opening the Court, and the
multitude assembled in consequence became rainier ma
getty The officers looked unusually important, anu
old Hays" amused himself by occasionally starving tie
crowd with of his official raps on the bench beaeh,
attended by his Counsel into the Court room lew
minutes after eleven His Counsel chated with the Dis
trct Attorney and the latter then chated WIN he ne
corer and Alderman Purdy with black patch over has
right eve chatted with one OF the Tombs" lawyers, and
niggers in the gallery remarkably attentive ana
every body wondered why the Court did not az once pro
coed Ito business length, however Ohcer King open
ed the Court and Moses Beach was called u stau or
ward and be sentenced.
sentence Moses Beach, and some Others Tor libel
Has Mr.. Beach any remarks to make =, allan, 30
Mr. l.. RoBfNsoN-l have been desired py my client 70
make single remark before the Judgment OF the Court
be pronounced is not intended, however 10 nave any
bearing on the sentence one way or "ho,et nus m
the that attacks have been made upon hi ana very
improper remarks made in OF the newspapeiswith
view of influencing the public mind, ana IL possible
as he conceives also the Judgment OF the COURT
These attacks have been of very malignant charac-
ter and have been repeatedly and perseverngiy
made Their object has indirectly been to induce the
Court, ia way the other to inlet severe ana V
dicye punishment on the defendant The motive with
which these attacks have been made since the Indictment
brought and especially since the plea oil guilty ana
the of the publication complained or has been
obvious There is nothing in the whole cataoge OF sins
with which defendant has been charged and for
which the has been called by these apes-the
This conduct would warrant the Court in proceeding by
attachment against the parties so offending and under
motion of that kind they might be indicted, bu, tne de
PENDANT has rerained from taking notice OF these at
tacks. lie has made reply to them and taken no no
tce of them in his own paper lie has wholly aDstaheu
from noticing them feeling himself constrained 10 leave
the Court entirely free in the exercise OF its own discre
ton and to do what in the circumstances OF the case AS
disclosed in the atidavts Of the defendant they may
deem to comport with justice and nothing farther One
additional remark beg to offer My client desires me 10
state that amongst the other expeden esorted to by
ha trtn tl,rsa
a vndictve sentence against him, IS this he has been
charged with tamperng with the Court-wth the Dis
ric Attorney. has been insinuated, broadly ishua
ed that he had brbed the Court and District Attorney
This has been charged against him in addition TO ms oth
crpes This charge he has wholly dsregarded, ana VIII
wholly disregard, until the Judgment oil ,he Cout sia
have been pronounced He will then endcavor to place
himself right and in the time calls on the Court TO
vndcae him from this foul charge, whilst he denies ana
requests to deny in the most peremptory manner tha
he has approachedthis Court or any officer OF It, In any
such manner that alleged Since the indictment was
found from that day this he has allowed the proceed
ings their inerposed no delay except
the duties of the Court required He prepared
to abide by the decision and judgment Of the Court not
knowing what it is-whether it be, as he believes it
ought to be, the inction OF nominal punishment or
RrconpEn-In proceeding There he was interrupted
by Aid. Purdy, who whispered to him for two mnutes
In proceeding to make disposition OF this case against
Mr. Beach there His Honor again interrupted by
Aid Purdy who Whispered to him for three minutes and
quarter In proceeding last proceeded his lIonor
to make disposition Of this case against Mr. Beach,
the Court feels necessary to make some preliminary re-
marks before passing sentence Mr. Beach during last
summer when the called up, pleaded guilty.
The fat being presented TO the Court that civil suit
pending behalf Of the complainant, Mr. Bennett,
against defendant in this the Court adopted
rule which has prevailed in this Court from time lme-
moria and suspended the action OF this Court until the
civil suit should be disposed Of During the presen,
week communication made to the Court enclosing
copy of the rule entered III the supreme Court Tor the
discrimination OF the civil suit, and therefore the duty
Of this Court which would long since have been dis
charged had not the impeachment just described existed
u.s. pass sentence the defendant for the alleged
..I.t a.. I,,sr hntypy
avoid taking remark that the Court has been
assailed by anonymous communications WIZ say thai
on the part of this defence as far as am informed no
attempt has been made from any quarter to influence
the mind of the Court in relation to It, Having
thus remarked | proceed to speak oil the libel nseii
No can perusc it without feeling of sorrow and re
greet that in this community, ladytheiwiie OF anyindi
vidual-can be assaed as wantony as It strikes me sh'
was in this can hardly conceive OF IN apology To-
such attack upon lady when there was not the posi-
bility of provocation on her pn-who had given no oil
fence personally and who beed merely because sh
connect it'll offensive to the individual who per
perated the libel have, myself viewed with exceeding
regret and sorrow the liberty taken by Of the public
presses the city, arragn the character and motives
private individuals and without stint those oil persons oc
cupying public station. without the least possible rega
to truth But make distinction and think II exists II
the mind of my fellow citizens in relation to the enormit,
of the offence of individual who assails the repose
private amiesdisurbs the private relations oil HE
those consultations which most highly appreciate
domestic relations and domestic consultations There is N
shadow OF it is not to be tolerated that man. De
he possesses public press can march into iami
y, unkind and injurious feelings there and dis
rb those relations which should be held most sa
cred nyioable Cases of that kindolences oil tina
character-.hould in my opinion DC visited with cxem
plary punishment not merely by the imposition oil me
because an ndiy dual who has wealth may go and be
| with impunity, but also and in pursuance OF and u
strict conformity to the principle adopted by this Cour
and which the Court obligated to carry out with honor
able and regard its rules and
by the inhction OF incarceration In this case, while t
defendant has pleaded guilty to libel which no one car
regard without and a5horrence he has Introduce
affidavit containing great variety OF matter in reiao
to the pursued by the complainant in this case AM
certainly il the Court were at liberty to anmadve upoi
that they would speak of it with equal severity can
however only allude to that part of which audes di
rccy to Mr. Beach and which exhibits the application {
him OF every cphet which human ingenuity could al
devise calculated greatly to exaspae his feelings
and his iamy But that does not in my Judgment
all Justify the attack on Mrs Bennett Hadth libel beer
against himself this would have presented en-
tirely different In these circumstances have beer
in favor of carrying out the principle adopted in this court
finding that the imposition Of fine entirely inehcacous
and would inct Imprisonment in all cases oil this descr
ton In this view, however my associates do not con
cur They that different principle has been adopted
in another court in which OF them has been called OF
to preside and do not agree with me- It, therefore, be
comes my duty to announce the sentence oil the Court
the sentence of the majority which entirely anS
distinctly dsscnt-which is that the defendant pay line
of $3.50 the EXTREMIST amount which the law permits
Ny associates however will give the reasons which opc
rated on them in inncting this of punishment
The Recorder then resumed his seat amid loud and
universal hiss from all parts OF the courtroom we have
witnessed and heard many demonstrations of popular dis
appreciation in a great variety of circumstances, but W.
rarely witnessed anything approaching to Thu
VI
this occasion. The Kisses still continued when
Aid PuRpY started upand apparently somewha, cxcite'
said-oficers attend to your duty-auest the first mai
that you see Kissing.
| Order at length restored and
Aid PuHpv without rising from his sent read in low
| tone paper containing the following remarks:
The libel to which the defendant pleads guilty Is Ger
tnnly gross one attacking, as IL does, tho Character
female The pallatory circumsnncos in the case TO b
taken into consideration in determining the grade o
punishment that should be inflicted for the offence are
lst The defendant made full retracon OF the libel ir
his paper in which he does justice TO the fmr character
| the lady libeed.
ID The affidavit in mitigation OF punishment, pre-
sented by the defendant shows that the Herald edited b.
the husband Of the lady who sbuscd previous 10 thu
lbelous article had frequently attacked the defendant
well his family agross and abusive manner chargn
him and them with immoral and criminal conduct, IN Ian
gusge calculated highly to excite the defendant Thos
articles certainly calculated TO provoke the defend
ant Tcalia,c upon the Editor of the Herald similar ia
mly attacks II also appears by the defendant from az