New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1845-10-18
,toh law JudicjaIIv Sustained.

And the meeting adjourned.
Mob Law JudiciaIIy sustained.
The Municipal Court at Lexington has sustained
the outrage Of the Mob which removed Mr.. {. NJ
Claws True American The Lexington OOSeTrtr
of the fh contains iu statement OF the proceedings
had before the City Court OF Lexington ON the ar
raignment of part Of the Committee OF sixty oy
whom Mr.. Gays press was removed on cnalse Vi d
riot, On the part Of the CITY, the leading facts, uni
versany known, were proyed-ihat, after the pre-
lilninary meetings SC. the committee OF sixty went
III quiet manner to the Office OF the paper where
the KEY was given up TO them by one OF the city OH
Gers and they were informed by the Mayor Of the
CITY that what they about TO do was illegal Dut
tbe, the authorities could offer opposition to them
that they then proceeded to take down and pack
IN the press. &c. which sent off to Cincinnati
ina, every thing was done in an orderly manner the
Committee themselves enforcing silence and the Oh
servance Of order by the crowd.
The testimony taken on the part OF the defence Is
thus summed mp by the Observer;
The substance Of the testimony the part OF the de-
fence was IN the rs place all the numbers o. the True
American paper since It's commencement and the Al
eniion Of the jury ss parcury called TO those articles
which connected II 10 the Abolition party 10 tnose re-
commendin ~ be used necessary the abolition
of slavery in kentucky and 10 the last number IN which
the climax was capped by informing the slavehodcIs III
threatening terms that only thin panes Of glass inter
posed between the arms and merry hearts ac IRON
pixies in the streets and the silver on their boarcs,
and their smooth skinned women on the ettonans-
The handbils consining the correspondence between
RESPECTABLE citizens Of Lexington and the Editor o.
the ,aver showing the efforts VII ich were made 10
discontinue its publication and his cOntemptuOus anu
defiant treatment Of them with his call upon the laDoing
classes 10 arm in his defence were also gwen evidence
IL was then proved by witnesses that since the
hrs, commencement of the paper the Office had been
regularly fortified the dsor and windows barrcaded and
the former secured with chains in such manner that
but one person could enter at time that the arms IN the
4 tf
shot guns iron pixies pistols &c and That the cannon
were so arranged that they could be made 10 rake the
door breast high all these preparations were made
before or about the time the rst number OF the paper
issued.
For the purpose Of proving the effect produced by the
True American paper upon the slave popuauon' most
of witnesses were introduced. among them the Mayor oil
the civ all of whom testified that since the nrst appear
ance Of the paper a most marked change cOuh De per
ceved in the conduct Of the the Mayor stated
that bands of them had frequently since that time
marched mast his door with great noise If in defiance
OF his authority which they had never done before All
testified that nee that lime the slaves had become lar
NOR, idle indepndent sisohcdicnt and hard 10 manage
II was proved that heits had been committed more
slaves sold 10 the South some OF them expressly on ac
count Of conversations overheard about the papcr hh
were ever before known in the same length 81 time II
was in evidence that in some sections OF the country
more than ehsf the slaves had nie arms when
was never known before; that they were IN the habit
of assembling upon the h-h road AT late hours OF the
night in groups and appeared 10 be cOncetns mschlt
that in one instance attack had been made by seye
raj, upon the dwelling OF white man and IN another
that body OF them had assembled with Their officers
marching rank and file like trained soldiers brandishing
their hemp hooks that slaves IN tue habit of read
ing the paper from the time Of its commencement and
in one instance that slave had gotten from the Office
of its publication where he had paid ten cents for II
thai, the slaves were in the habit of singing whose
refrain was wei soon be free-hurrah Tor Cash Clay
that they looked upon him able TO set them free and
that his paper established for that purpose and
finally. that in some Instances they considered them
selves the whites and refused TO do their work
These facts established by multitude Of witness
Is and there not one who, ON ms oath dissenied
from the opinion that the True American paper was eN
ercising deeierous influence upon the slave pop
uaii0n.
After the testimony had been closed, the Court IN
structed the jury, upon the law Of the case as fol
lows:
THAT If the Jury believe from the evidence in their
cases that the defendants to this prosecution assembled
with the intent and did with vosnce and by force take
possession Of the True American Office, they are guilty of
a riot and they must lind them guilty, and assess their
tine in their discretion from cent TO one hundred dol
lars
The remainder OF the proceedings are thus stated
by the Observer;
The defendants then asked the following lhstruc
tons
let That as the proceeding quasi criminal, the
Jury were the judges OF the law and facts.
"a That the people have night TO abate nuisance
and in lis abatement 10 use just so much force AS might
be necessary for that purpose
The Court gave the first instruction asked by de
PENDANTS with the qualification that although not lc
gally, the jury were morally bound TO decide &C
cording 10 the law given them by the Court.
The second instruction asked by them, the Court
refused at the same time remarking, that he iook
ed only TO the common law he should feel bound To
give H. but that the Court OF Appeals Of Kentucky in
the leading case upon the subject OF nuisance had
drawn a distinction between physical and moral
nuisance that they had decided that physical hui
sance might generally be a5aied, bu, that the ques
ton as 10 a moral nuisance was lett somewhat in
doubt.
The defendants then offered the following nstruc-
ton in the language Of the decision referred 10.
That II the jury believe that the True American press
was public NUISANCE and could not exist IN It's then
present location and condition without being nuisance
the defendants were UNSUITABLE in sbstinz it,
Which the Court gave, and the cause went 10 the
Jury.
The definition of a nuisance as given by the best
common law writers was then read 10 the jury in
the following terms
A common nuisance is offence against the Public,
all the Kings subjects, ~ neglecting 10 do thing
which the common good requires
After full argument, the jury without hesitation
gave a verdict Of not gully.
The whole proceeding strikes US and must we
think be regarded every where out Of the infected
district as a sheer mockery Of justice. The higher
courts of Kentucky will not surely sustain the prn
cpes OF this decision