The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-06-14
General Sessions.
Before Recorder Tslmsdse and Aldermen Coszsns and


HSsbrouck
Jcsr is.-M g. PArrsssor, Esq. the newly appointed
District Attorney in the place o. James r. Id E,q
his credentials Of official appointment which were read
Clerk and ordered be placed the records Of the
Mr. Patterson has appointed Jonas Phillips, Esq the
late assistant Of Mr. Whiting as his assistant in the Office
Noie Proseou-I Mol Pros was directed to be entered
the case OF Rubna Green indicted for grand larceny
in stealing in May ls43 gold watch &c worth S'o the
property Of Francis Harley corner OF Jay street. Brook
lyn Inasmuch the complainant hadyet the state and
did not appear the case disnssed therefore OUT Of
the Court.
The Case of Vm. r. Prince indicted far libel on Ga.
briel Winter.-D. Graham and e. M. Western, Esqs
rose and moved the Court to postpone his trial as civil
lei for the Defence stating that the objections advanced
and informed the Court that the civil suit should be cons
dered il Withdrawn. The Court thereupon ordered the
trial to be proceeded WITH and jury was called to try the
The T,raL-wlliam r. Prince and Gabriel Winter
were beth cultivaors plants at Flushing Long Island
Prince 'sa IN October isa pnesSed two bs one by
hand bills and the other by advei sement in the Even
ing Taller" headed Caution to the Public which
said publication Mr. Prince reflected against the character
of Mr.. Winter to his HARM &C., sc, and wounding his
feelings The parties relatvesMr Winter being the
uncle Of Mr. Prince An angry feeling arose abont the
possession of some property purchased by Mr. Winter
from Princes father.
Mr.. CUTTING opened the prosecution in very able ad'
dress theJury setting forth the beous matter contain.
ed in the publications. and the feeling Displayed
by the towards his client, Mr. Winter in those
articles ~ -,
ers Of the Evening Taller" in 1912 who, being sworn
stated that he not who sent the manuscript Of
the alleged libel published in the paper or who paid Tor
insertion.
JoHr W. POWER. sworn-wss formerly counsel for
Mr. Prince in this case Of libel He was however, con.
suited by Mr. Prince in relation to his difficulties With
Mr. Winter Mr. Prince said he was about to publish
rd in and antIx
Mr. Prince brought to the Office Of witness about twenty
copies Of the circular. The witness received handful
which was reward offered Of sos for the scoundre
had pamed himself of "a William r. Prince, &c &C.. in
which the complainant Is made to appear to be the
Prince and taking letters out Of the steamboat States
man also out OF the Post Office directed to William r.
Prince [The name of William Prince was attached to
the handful and the reward offered for the lotion
of the "scoun5rel."]
Mr. CUrrrNo offered to prove the hand.hl and put It in
evidence to show malice the part Of MIR. Prince
second libel.
Messrs WESTERN and GRAHAM objected on the grounds
that the wording OF the Indictment varied in substance
from the papers in question to be read to the jury
The CouRr decided in favor OF the objection OF the
counsel Tor the defence several words were omitted in
the Indictment which material to the issue and not
fair description Of the alleged libellous handbill the
reading of it was therefore, ruled out in evidence
The second count in the Indictment that Of the hand
bill being disposed Of Mr.. GRAHAM objected to the first
count in relation to the difference Of the wording Of the
copy furnished the counsel for the defence with that OF
the Indictment itself the word except" being omitted in
the copy, which in relation to Mr. Winter getting
trees, SC &c.
The Court did not sustain this second objection and
certions taken to the decision
The prosecution rested, and Mr. WESTERN opened the
defence
BENJAMIN w. STRONG cslled, and deposed that Mr.
Winter had OF the lots and tract Of land former
ly owned by Mr. Price, the father of the accused and
which he, Mr. w. Prince, occupied for twenty-five years
nursery ground. IAN effort was made to prove by
this witness that the prosperity was obtained by Winter
from Prince the father of the accused since deceased
by fraudulent means.] mortgage the property was
held by the Mechanics Bank Of the Prince property saw
Mr. Winter few days previous to the sale of it con
sisted of twenty-five acres worth $1,000 per acre; ht
witness was juige] witness asked Mr. Winter il ht
thought the elder Prince would give up possession peace
was worh OO0 MIR Isaac Peck said that the nteres
Of Mr.. W. Prince would be protected and the purchase
made in reference thereohe was to be kept there; AM
when told by witness to Mr. Winter that such was thu
fact Mr. Winter did not deny being common report
Nothing was said to Mr.. Winter afterwards.
JUpGE STRONG did not attend the sale; did not know
except Ivy hearsay Who purchased the property neve
heard Mr. Winter say he had bought in the property fol
his brothern.law. Mr.. w. Prince sen who died soor
after the SALE having previously removed from the gar
den. THE alleged libel says That GABRIEL Winter oh
tanned the property of the elder Prince under
liar circumstancesJ Mr.. w. X. Prince said nothing I.
the Judge concerning the sale; had conversation will
to the property, but not as to thu
title; Mr. Winters name was not mentioned as the pur
for the elder W. Prince and his interest to b protected
the rumor universal; the Judge stated to sir Wnte
that he would give $1,000 per acre for the land viz
$50 600
At this stage the trial. the Corr. adjourned Frda
at ii O'Clock, Am.