The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-06-13

given to the jury Considerable anxiety mantle ssd
As to the result and there was much Peculaton as to
the verdict.
Judge EDMosps was called to the stand and examined
by Mr.. HALL am acquainted with James Watson
Webb; know him from boy; his character stands
fair people in general; know the Courier and En-
quir~; it does not differ from the press in general am
not that II is than any other paper il has
abused myself SO much at one time that have not spo-
ken to Colonel Webb.
DAVID GsAHAM testified in favor of the character of
Colonel Webb and the character Of the Courier and En-
quirer.
GEoRor w BluSr testified in favor ofthe character of
the Courier and Of Colonel Webb He sometimes differ
ed with the Colonel Of his articles In his
examination he stated be wrote nautical articles for the
Courier and Enquirer some Of these were ruled out in
consequence of the press OF advertisements this the
cause of little controversy. He came here a
nnteeras volunteers nowadays are much called for
AsTHosr L. ROBINSON testified in favor Of the charac-
ter Of Colonel Webb and the Courier aud Enquirer. The
Colonel was sometimes impctuous in temper
ANDREW FOSTER corroborated the testimony Of former
witnesses and added far he knew the Courier was
one OF the most respectable in this city.
OGDEN HOFFMAN testified in favor Of the character OF
Colonel Webb and the Courier and Enquirer.
GoyEssEyR sBssv and Isaac HOW also testified in 70
Couar.-Gentlemen we must put some limit to this |
think we nave got as much upon the OF Colo
mel WEBB as you were to call one hundred Witnesses
Mr.. WHIrE here addressed the Jury In his opening
remarks he said that Notwithstanding the remark. Off
gravey to jury, and which called for their grave at
tention and consideration He said the two prominent
issues in the WERE first had Colonel Webb been in
juIed at all; and next if So to what extent He
tended that the article complained ofwas libel upon
0oone. webb He here read the part complained Of
sentence showed that it not libel If you call
thief" would be SANDER; but II you call man
thief because he stole apples out Of my orchard then
il would not be SANDER Counsel here recapitulacd
the testimony and commented upon it. He commended
proof was not given IT. founding his opinions upon the
fact Of Colonel Webbs application for it. They did not
Justice character i. spread out before Court Tho Co.
lionel declared he was not njuredhe said to himself
am the Times of America and who could injure p
The Colonel was not injured this nero news
paper fight and the Colonel himself declared he not
injured at ALL In relation to the character Of Colonel
Webb, men OF high standing swore it morally bad
He swore that the attack Of the Courier upon him
not true and yet he is libeller Mr. w. here read
several passages from the Courier commencing in ls4
in which several attacks made upon the cabinet
in which he charges them with having bartered prin
language applied to Mr. webster We then come to the
article Of April ls43 in which the Coulter changed its
note and greatly rejocsd that Mr. Webster should re-
&c. which he had before charged against Mr. Webster
he cited he said in order to show the easy transit Of the
giversaon that was charged by DR.. Bacon against Mr.
Webster The appearance of the Courier in dress
the Colonel and the go; the
money somewhere; and It was the duty of Col. Webb
show s se::V sT he s IT. I'll:
given to PERSONAL---VERY." but that between the bad part
and the good part he could not say which predomnated
In part OF this country they had term for such cha
racers that Politicians and they were to be found
every where-called man who was neither wing nor
a democrat, miscellaneous character" Qaughter)
He would call the Colonel therefore, miscellaneous
character. (Renewed laughter) Counsel here com.
mented the testimony in relation to character and re-
putaton, which proved by many Of the witnesses
to be censorous and bad which fully made out the us
up the 5 p5y
putting to him the character Of common libeller, he
an hell
but he omitted to do On the question Of damages if
they concluded to give any, they should be nomi
nal damages he said himself that he not DANA
ged His client had while his adversary had
many advantageshad the to crush any opponent
was scarcely known in this city. and poor which
was enough to condemn him already. 1t unfortu-
sand that without money damned already
His client had no money and the present suit originated
in mere newspaper warfare in which the Colonel got
the worst Of it, like many editors before him, who bore
their fate with manly fortitudc; but the Colonel
into court, after his defeat to get damages He in
the press nowadays, became iicenousness and con-
sisted in the publication of asehoods and when edi
tor gets into quarrel and is defeated it should be
tolerated by jury tina, he should be allowed damages
in suit Liberty Of the press such at present cha
oud be under dospotsm. Mr. White spoke for three
hours and quarter having commenced at quarter be.
fore II O'Clock and concluded at O'Clock precisely.
The Court took for half an hour.
Mr. HALL hereupon addressed the jury part Of the
plaintiff In his opening remarks he said he happy
that he appeared before jury Of the city of New York.
and not before what his learned friend would call mis-
cellaaeous' jury in the wilderness Of the Far West"
There was much ingenuity exercised by his friend at
There thousand things which Col Webb could
introduce il he pleased in this but he chose bring
his action upon the present one and they had it, that
another suit was commenced against the Tribune. The
defendant had the power 10 notice to compel us
to proceeds but he did not do any such thng-and Mr.
Greeley showed as much timdity in not pressing the
suit as they did, but this had nothing do with the
The case they were to try was iLel which was de.
acuity in understanding what II was Mr. H. here cited
from the Wcndal Reports, the true definition Of libel
He contcnded that the present libel charging Col Webb
with being bribed was Of such character, that Col
Webb could not stand honorable man before the
If he did not repel it in a court Of justice
tinued: The charge was, that he had bargained with
certain friends of Mr. Webster, to stop attacks that
gentleman when the batteries Of the Courier ceased
made against Colonel Webb, and contendcd
that they were all libellous, and calculated to
affect the general reputation of his client Tho
alteration of Coloners Webbs course towards Mr. Web
ser. DR. Bacon charged was produced by bribery. He
knew ne was striking dagger when he penned this Ii
bel that calculated to lower Colonel Wcbb's char.
acter That article, when penned stepped in the
gall Of bitterness in order to make the very words stick
TO the paper lie knew he put q dagger in him-that in
order to make it stick in the fifth RIO the learned
sci said that all was true and that they could justify
but had they done so No such thing and the question
before them was whether, in the definition Of law the
article complained Of was libel or this, there
Cn0rged being
notorious for his opposition to Mr. webstern This he
admitted and as to the charge Of bribery, 1t put
upon the record that this charge bribery could be
ed by Messrs 0rnnel Blatchford Draper Minturn and
Curtis thus specifying the very by whom he could
prove this bribery. was not all the world but he
tuay specifies this; and why did the doctor not bring
these witnesses or any witness, prove this charge y
Because he could not do The thing could not be
proved There was evidence of this charge The only
thing the counsel could say was that as accord
ing TO his reasoning poor and then that because he
became rich, and sent out the Courier in dress.
uSt havc yot thA unu
as II was charged This his Of reasoning
But the counsel commented not having produced
witnesses to show when Colonel Webb got the money
But that trap in which could not be caught II
would open up new issues and keep here for three
days longer But why did not they this fact by
the Of Mr. aorrell the proprietor up to
May sial Might not the establishment be bought up on
credit and mortgaged got up in various other ways,
and why did they not cali upon MIR. Morrell But the
manner in which the public printing was procured is
charged as this pecunary accommodation, and far
public opinion s concerned is already settled He had
made TINT re1arda This henQ a lihel he had