The New York herald., 1844-09-28
Great and Interesting trial, before Justice
Kirkland.


Great and Interesting trial, before Justice
Kirkland.
One of the most curious ami interesting cases
was tried on Thursday, before Justice Kirkland,
of the Fulton street Ward Court, and Jury of six
persons, which was accompanied by some OF
the funaiest and most amusing specimens of legal
tact, argument and eloquence, that were ever
heard in court of justice. The suit was prose-
cu'lon by the Corporation Attorney, in the name
OF the Mayor, against cartman, known as
Samuel W. Smith, Of King street, for violation
OF one of the city ordinances, for driving a cart
without llcence, under the following section:-
No person shall drive any cart, sled, truck dray,
wagon other carriage for the transportation Of any
goods, wares, merchandise, ftewood. other thing
whatsoever within the city of New York. for hire
ges without beng licensed cartman by the Mayor Of
the said city, under penalty Of ten dollars Tor every such
cifsnce.
Tue Corporation was represented by Nicholas
Quackenboss, Esq, and Mr.. Smith appeared as
his own counsel. Several witnesses were called,
who proved tlat Smith had admitted that he drove
two car,s without license, and that he had ap-
piled nr license at the Mayors Office for two
carte, which being refused under the ordinance ne
asserted that he would not take out license unless
he could have them both. This closed the testi-
mony tor the prosecution.
Mr.. SMITH then opened his case to the jury as
follows
GENrLEMEN OF THE JuaY :-Improper government 10
the origin OF domestic difficulties and the impocy Of
counting foreigners as po!t eians enable the ak
May or varian influence with the Irish 10 get Office e
evidence Of ths and its effects in causing rebellion,
when the military were called out T. qusll them. are
well known This Mayer cries down with the Irish which
has the effect OF disgrscng them nasion and wrong
fully influencing the citizens against them, and has
power, which Is mere trick to change power into
different name, by incensng the citizens against ignorant
inhe hands OF base aspiring men. The effect has been
to set oil ciasses OF citizens against foreigners pacu
neighboring City may ' b. .rscsa n rhsy hsve caused
complete revolution In politics, which has resulted in
the election Of Mayor and Common Council, in
and principles. according to pretensions different from
any previous Common Council before elected, and
known to be a. warfare with oregners whom The Con.
stinsion binds US to protect The eop- have called for
change, and they have goti. II 10 change from
political pow 10 smaigamation OF both, in n
manner IL spoken OF by God Samuel the Bible
When the people asksd for another king he promised
the tyrant they changed; one that would literally
grind them dust such is the pol cal character
history Of facts, which public officers will swear TO
in this Court The previons ones for some past,
having disgracsd their Offices by continually jarrng
quarr1ng and fighting in public places that respec
table OF talent and energy would accept the nomina
actIy the form of government before alluded
to- and, at this moment villain, in fact and law, il
responsible offices in the gift Of this present Common
Council This. II am permitted can prove crcum-
not mas Dsen he att,ncs o. oo,n
harass the people by their tyrannical acts and throw
the power back into the other of the old parties
and many OF the present Common Council wings,
who uttered the most bitter RDdinveterate henunci
atons ngainst the locofocos now turn from the whig
ranks end say they will vote the locotoce ticket All
this is the sG-ct Of putting in not morally bad, but
too Creuous guard the citizens in their rights and
ike Attorney sna Rs a.s They
ara here before to expose their fully and hope will
lav the ct to check their political that the
sons of citizens with their families and friends on
tha sabbath which the Mayor pretends much respect
But, Gentlemen of the Jury all the preceding evils might
troei his subordinates father governs his family
u he does not regret the necessity OF compelling him
the city w-uld gladly have omitted subj nnaing him
but pnbic good and public safety require CHANGE and
TINS ao os puohc exposure OF nus acts may oe the means
Bo ,r in his Chair The ridiculous farce and improper
exposures OF his mental abilities shows that he lis mere
cypher in his office, and that neither the persons
property Of citizens be protected. He had
better be circuit to talk the old women into obe
dience to their duty, he doing to ignoble
gnoe Pope them that sit in the Mayors chair
Yes gentlemen hazard the penalty Of $40 to show up
aboring men are protected in their business how the
Of God and mercy they to live7 Such oppres
sion viii sink th, city like sodom and Gomorrah and
to pillar Of salt for looking back at it would like to
dramase the city government in the Pask (srs May
dramased they couldn't stand and this venerable
ponting to the Mayor, his time would be short indeed
There would be just such time when Christ came in
the tampe and kicked the money changers, and
loaiers. and shavers. Naughter(
Mr.. QyAcKErBess-Judge coll the gentleman to or
der
SMirH-You've had your turn-now III have NINE
Gaughter), You've ccnsrred against the people and
Judge KIarLAsp-Mr: Smith, you must connne your.
self to the matter on trial.
Mayor HARrER-Mr. Smith, have subpGnse and
would like to be relieved, have important business at
my Office
smrrH-I can't spare You now-I will pretty soon-.he
frs;hing Judge Kirkland separate the witness
that have subponsed1 while they sworn, they
belong toshe Corporation and will swear white black
and black IL white
ssDes-Vsve ns%,s you any y spsci'l reasons.
good reason
The Acting Corporation Attorney here called other
had been revoked by Mayor varian. and he had
driven two carts since, and would continue to do 80
they would not license them BOTH
MIR SMITH then called his witnesses james Harper
Geo. w Hnchman, Munson CLARK, Stephen Summons,
H sammons, N. Qnackenboss. Fl. Morris, James
Clark, Kellam and Bell did not answer.
this a solemn duty, the first witness wish
to call is MIR Devine, who will be sworn.
q Did you not back your cart into met
Jupar-Mr Smith that has nothing to do with the case
SMITH have right to ask any questions that's right
and have number TO put to this witness such the fol-
lowing he can answer or not ~ he peases Here they
Do you pray in your family and over your meals7-
What is there in the Scriptures to justify your luminosity
against met Does the scriptures teach you 10 love all
men, your enemies7 what have you to tn ak
your enemy7 Is II not in consequence Of the Corpo
ration ordinances Deng Deer observer IN your mind py
you than mel Did you not know me when was regu
lar Licensed carman Did you not know previous to
coming in contact atMessrs Mallaby &Co g. that the Corpo
ration had been unjust towards Did you not know Of
their withholding their license from cart that
bnt before the offspring in their ordinance
Did NOT you reluctantly have an old spring cart cut
oil at the me3 Did not attribute It to loco
foco ordinancp2 DO you not know that my license
withheld suspended abolished under Mayor varan
Do you that to be pamphlet for cartmen to 20
BY Did not say had right to drive Did you
ssyI had right drive two carts? Have not the
tor to have two omnibuses Why should cart
men be so restricted 10
Jupor You must put no questions except those that
aro relevant
ssuru --Ive got few this paper here
Q-Have you not been engaged by the Methodist So