The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-06-11


Before Judge Oakley.
JUNE l0-LIBEL CAsE-James Watson Webb Dovid
day wednesday, and gooi deal Of interest was mani
Tested by several Of the leading politicians in city OF
all parties as well as the members OF the barr who in
the course Of the day thronged the Court room. The
parties in the suit appeared in court and several dstn
guished politicians were in attendance most Of whom
have been subpGnaea to give evidence in the suit The
defendant having put in the plea Of justification, has
large array Of wne in attendance and it Is
derstood also has the plaintiff The being reach
ed on the calendar was promptly commenced and both
parties seemed to have arranged the preimnares with
apparent confidence as 70 the result The SUIT having
leading members of the wing party, involving series
Of charges duplicating the political integrity Of the Hon
particulars Of certain structures upon his political
in series of articles in the Courier and Enquirer which
PENDANT in consequence OF some pecuniary consdera
ton from the friends Of Mr. Webster To the locofocos
THIS family dispute was nuts and apples as several
prominent members Of that party wero in court in the
course Of the day. enjoying the proceedings The fol-
lowing Jury were sworn =
T. Edwards, foreman; VIM Loines, r r. Hought,
James + Moulton Henry J. Youngs. L. I Hubbard, DAN
iel Dwight. VIM H Guion Edward Hallock Edward Gar.
ter. w. L. Hall and Charles Moore.
Mr.. MoRRELL opened the Gentlemen of the jury
this is an action for libel entitled Webb against Bacon
by plaintiff for the in the monrh OF ~
~ last summer In which the defendant caused publ
cation 70 be made against the plaintiff in which he has
charged that he changed his course in relation to Mr.
and proprietor Of the Courier Enquirer wrote series
OF articles csnsurng the course Of Daniel Webster his
the whg Harrison cabinet up TO ls4a That about that
time he changed his course and that change the defend
ant was brought about BY certain pecunsry CON
sidsrations which he alleges were received bv Colonel
Wsbbthat he was in fact bought up by friends Of Mr.
Webster 50 az to induce him change his course If
Col Webb Is guilty of such charge this it will be
allowed that he is the meanest in the country OF the
whole editors Of the public press and that no reliance
can be placed upon him. libel is defined malicious
defamation by signs pictures tending blacksn the
memory Of the dead and exposing to hatred, deame
w he 0f tha rtv "a
offence Of libel That definition of the term libel
in our courts implies the technical Specification under
the term malice" Malice is inference Of law for
false charges made, and no evidence do away with
that presumption. Now, with respect to this lbel-n
plea Of justification The law says that when ustfcs-
ton !: pleaded, the malice is admitted; and the only
i Ss
ton is that the plaintiff RECEIVERS damages against him
The defendant has annexed notice Of special matter
which they were given in the form Of bill, they
would be demurable and they admissible at all
they should come up in proper form Colonel Webb ap
ton for libel An action has been commenced in the Su.
preme Court by DR.. Bacon, against Colonel Webb for
work called 1.-THE Mysteries Of lniquty' Of which Dr.
Bacon was theauthor, in which he gave an account Of
party g be- IN this cy which ,hH matars
Is not necessary to enter into here This pamphlet Col
Webb criticized very seriously and for which Dr. Bacon
Col Webb commenced an action against DR.. Bacon for
libel published against Colonel Webb in the
tiff. he Is defendant in another. court: but we
are entitled to all the privileges of plaintiff The IL
the Tribune Of June asd 1886 and also on July 10th,
ls45 in the same journal in which the charge was ree
rated-this will aggravate the damages. The learned
counsel here cited authority understood, Wendal
pp In support of his position in relation to the necessary
ingredient of malice to constitute the charge Of libel
The following is the LIBEL charged in the declare
GAN that the editor Of the Courier even appear. to
deny, is the statement that he obtained large pc
accommodations of the ripnd IF
Mr. Webster and this he only appears to deny for his
apparent bua evasion the charge
and paltry equivocation He says he resumed bust
ness in his own name in May lsas not in October ls4a
and did So Tin May) without borrowing" Tin May
from the friends of Mr. Webster mere county court
attorneys qubbe about the meaning of the expression
" to enable him to resume business in his name!"
Does the editor suppose the writer ignorant facts
simple as to be caught BY such shuttle, that the
public can be imposed upon by it?
The charge, resated that before the latter part
Of the month of October 1912 the editor of the Courier
ss an ass - %
him to resume business in his name, that s the
business lhs former busncs of publishing his paper
editor hired by the young who was then declared
to be the real owner By resuming business in his own
ssa getting he control q which iG IN ~sre mors
nearly his own expressions when speaking of makng
He declared to be hen
arrangements for that purpose the only
being . the price hs should and whers hOuid
his arrangements not that he had resumed business in
his own names" and the writer said that the editor
did resume busnessin October" and neither knew
cared what was the precise month day on which he
did business though he could have asce rtaned
writer declared and declares that in October ls42
the editor Of the Courier and Enguirfr had obtained
large pecuniary accommodations from the friends of Mr.
Webster enable him to resume his business in his own
name" The writer did not say that the editor borrow
ed one dollar of them, or received aid to the
Of penny" The expression deliberately selected
and used was "pecuniary accommodations" without the
pretence q specifying loan Of direct transfer Of
The other ibcllous matter charges Colonel Webb
with seeking out and employing persons hostile to Mr.
Webster and attacking him in his paper, and abusing
Mr. J. L. WHITE. part of the defendant, admitted
the publication His client would have various wnes.
publication by Dr. Bacon They would DO able to show
that Col. Webb had provoked these attacks
Very WELL your honor then shall here rest our case
Mr. WHTE here asked permission, for his client to he
to open his own case on the grounds of his not
MIR. HALL objected
The CoURr sustained the objection
THE DEFENCE
Mr. WHITE hereupon opened the case for the defence:
Gentlemen of the jury unfortunately for my Client to
say nothing Of mysef-he has not been permitted in
the exercise Of that discretion which il was presumed
rested in the Court to enter that defence which in
wolves series Of complicated facts all of which in de-
TAIL will be offered in evidence and which would DO
impossible for me to give not having made myself fully
acquainted with all the facts Of the case but shall
that you will all understand the relative position OF
these parties Some five years since, the defendant
to this city to resde not for the purpose Of prac
Using his profession as physician but for the purpose
of gratifying literary taste and following literary pur
suits Whom he to this city, he had just returned
from Africa as physician. having been appointed by
the American Colonization Society for that country Ha
wing been broken down in health to support himself
by contributions to the press Of both city and country
having been able and powerful writer, he was in
duced by the solicitations of editors both here and in
other portions Of the Union to visit Washington and il
he concladed to remain there to furnish his correspond
their papers. He the New York american
and then became associated with Colonel Webb on the
Courier end Enquirer during the 9th Congress; and
shortly after became assistant editor that journal
political writer Of great and extraordinary power
but also as one Of deep hostility to Daniel Webster
the same labor oflove against Daniel Webser for it APP
pears that when the Doctor fired at Mr.. Webster,
the Colonel always fired two. Uaughter) There q