New-York daily tribune., 1844-01-13
CITY INTE l. l. G f n c E /.
;aa lmeod

COURT OF SESSIONS. Before the RE6oEpER per, and
Aid. VASDERyooRT ana pURpY. JONAS b. PHILLIPS
SryTrSCE OF Moses \ BEACH.-At the opening
If tho Court which was crowded Moses Beach,
convicted by confession of libel the wife OF James Cor
don Bennett Editor aud Proprietor OF the Herald was called
upou 10 receive sentence Mr. Beach appeared IN Cout with
his counsel Lucius Robinson ESQ., and called upon by
the Court TO state whether he had any thing to say IN regard
10 the judgement the Court was about TO pronounce
Mr.. Robinson, in behalf of Mr. Beach, rose and
made few remarks, after which
The Recorder said in this case he deemed II his
duty make few remarks He spoke of the preeNistence OF
The civil suit against Mr. Beach, and Of the Withholding OF the
sentence according 10 rule until the civil SUIT was disposed
Of That having been served with rule satisfying them OF
the dconnuance OF the civil suit the Cout then deemed IT
their duty proceed sentence The Recorder then pro-
ceed TO state that the Court had been approached BY Mr.
Beach his behalf but he had been assaled by
anonymous letters om unknown persons urging him To
,indcye toward MIR Beach, and threatening him for
doing The Recorder then expressed his serious regret
the conduct ef OF the papers in their assaults on PIT
yate Character that it be tolerated that, because
person had charge of public press he TO be permitted TO
invade the saaetty Of individual Characer that IT was less
eIcuble when that individual female who, whatever
husband had done could give provoeation that
such he should always be disposed 10 visit the Of
only by fine, bat also By Imprisonment as had been
The rule other II Is true the defendant had pleaded
Cuily-had eacted the charge subsequent pub!caoh
aud had put ahdays showing the and sctnda
ous abuse By the husband of the lady Mr. Beach and his
family both before and after the bei that these ahd,'S
showed that Mr. Bennett had stated in his paper that Beach
not the originator charges but that they had been
extensively circulated before; but still the publication was
entirely ujusiahe The Recorder stated ta; he had deter
mined TO punish this by both fine and imprisonment,
his colleagues on the bench thought that under the
circumstances Of the tine sufficient punishment
and had overrued his determination the subject He was
then bound to announce the judgement OF majority OF the
Ccur, from which he disseutedlrhat Moses Y Beach pay
aue of $3.50 for the libel being the highest of fine al
lowed BY law.
AID Purdv read his reasons and those OF his col
league, Aid Fanderyoort, for imposing fine only upon Mr.
In the libel on Benjamin II. Day, the Court fined
Mr. BSach $50
Talbot Watts, for libel on William Longwonh,
was fined $50
Constructive Grand Larceny.
The trial of Thomas Plunkett for the above offence
was then resumed the part of the defence Mr. Warner
called
James HcCaalen and has rife, who were board
snwh Pluukett who testified that the latter part OF the
M week,n May the first Part OF the secoad tnsy saw
Ga,oe OF hs wife OF both opening some ruSs OF babsrs
Tina, Punkei, asked Barber a; that time he Intended take
@ ms soodS-audlf so, he would nct make any ehtret
o So aGt as heywe1e IN his way he should chTsS nm
so5 DAY for storage loaS they remained Ihsse W.T.
e e,i Piunkett the lasi Part of May and gave funkett
asod charaSe for honesty They SAID that Barber made no
aday '"4''' 'o'0 ''''' 'e S'''''
l'aFam Gibbs testified to the same as the above,
ana added that he the goods belonging to Barber al Plum
ss month after the above He Pluakett
ID excellent character
witness named CroSSnaan corroborated the tes-
pmoay OF Gibbs and others with the al dl,on that when
taGSe requested Barber to take his goods away Barber
''n W 'ns' he would take them away Nhen he pleased
1aomns Walker, former salesman for l. McDo-
Soesn a9croneer Chatham street eposed that fuaSeti
@ The above goods their store e 9th q" Jugtihat
Were Sold and brou, hi about $50 punkett ooushtonie
N'' ne GOODS and ran Others urt 70 4 !olt pJce.
number of respectable witnesses testified 10 the
s character OF rlnnSett Tor hgesy uprehtness &c Nc
'noug them Que OF the Jurors Ia thus
Several witnesses were called for prosecution 10
SOat the testimony OF the above wtnessesamoug them
Mr. and Mrs. Barber, who deposed that plunkctt
sser Id them either hem h7t he should charge them
&doiar for StordSe unless thy look tn goods
Judse Randall dcposed that on the trial IN the
Marine Cour, Crossmap testified that Puuket, told Barber he
Scnd charge HIM dollar week ne dad the
The testimony here closed on both sides. Mr.
Shud for peosecuton read the law and cited authorities
20 show that the offence OF the accused was larceny The
Dict Attorney also cited authorities the same end. T.
J.Warner ESQ for deeace also cited suthoues show
that accused was not guilty of larceny con,endng tht IT
would only larceny if the accused at the tune oi oterus
axe The goods storage intended to appropriate them 70
his own use
"' Shuieldt summed up iot 'ne prosecutor. no
NO charged the Jury that il the defendsat detained the
property with intent dispose ol for his own use II As
eny bu, irhe retained payment Of storage, and alter
ng notice TO the owner proceeded 20 sell 1t TO pay h'mSe
w NE storage was not larceny They could infer The IN
"ss - ron The coaduct of the party accused
Jury retired and after bsence OF an hour and hsii
,su'ned into Court saying they unable 10 agree lhey
we're n, therefore discharged.
The Court adjourned
U, s COMMISSIONERS OFFICE
'AE Mail RoBBERY.--The examnationot Blake,
ia Sed with b-ng accomphce with Hof at Hudson, alter
vatne OF evidence OF not much importance, was
'aisaeL n Postponed to Weines.isy.
J., iam Benson was examined on the charge al
NUsa 10 this morning aud the complaint dismissed
POLICE OFFICE.
~ Niary Horn was committed for stealing l2 wards
i'Si'eo from the store of Abraham Dowie l7s Bowery