The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-12-26
Superiur Court.


Orc 2i-Lucius r. Baiteiey rs. ksi,ites, Smith srs,
Brush, for Malicious Prosecution eontinsei-Nr Cut
ting ss@m,nses cumming up on behalf Of the de-
very unusual Circumstance which had taken place Ia
court few days ago, to excite feeling against that
youpg defendant, whose hasty and rash Judgment on
that occasion should not turn away the course o;
justice from him In this instance; the minds those
who are the ministers of the law ought not to be pre-
JUDGED by that occurrence, which had unfortunately
taken place In this courtroom; a. should not intervene
%ents 81 ysnsssnse against Mr. smith "'' counsel
thought that by focunentary evidence he would be
able TO fstsfy the jury that these defendants bsa pro-
babe or removable to believe Mr. Buckley
guilty; IL was not Important whether Mr.. 6ulkeley
aid combmit the perjury. but whether there wac
70 try the question Of the guilt or innocence Of Mr.
Bulkeey. That already tried, and no ac-
Susy was happy ' TO he ssIs 10 say 'i tas he be-
heyed him innocent Of that charge, and that his
quittsl was not only Triumphant and honorable, bat
that he ssi enjoys hs position and tina. the circuu-
stance has not dimnhod his prosperity in his prosss
ten at the bar Nj Cutting here read several written
points which he called upon the Court TO note, and
charge the jury % his Views of the law tho ossc
which be submitted one point was that II the jury
should believe that the facts aud circumstances we're
such TO give the defendants reasonable CT probable
cause % tuspect that perjury had been committed by
sir Buckley, they should nnd Tor the Defendants
aud that 70 bring thcm 70 that conclusion Il will not
Re necessary for them 20 believe that Mr. Buckley da
actually 90 testify ne charged. Counsel here eite2
various authorities in support Of his yees aud then
continued foroi5le aud eloquent app.. on behalf OF
Mr. Eugene ketelta. We shsl have fallen upon an
ne ITO be made responsible for the acts o. others.
Mr. keteltss denied oath all participation In that
ptoseeution he stands there before the jury the
rock 81 conscious innocence, and cannot be sverr
down by any clerk Of the peace or magistrate that
ever lived and u was novel circumstances to sxieuG
the area Of responsibility no far g. make the father
In Law responsible fer the acts Of bis son n.sv Couu-
eel then sppIed himself to the case as sgsns. MIR.
Brush and MIR. u Smith, the other defendants and
paid high compliment to the honorable Position
which Mr. s. held ongst the members Of the bar
though ne is rash incorporate aud iuconliiersts in
of ard mt ina kut.t
We condemn we must not undertake to punish that
youthful temperament even though exhibited here in
court MIR Cutting continued an able aud energetic
address for upwards Of four hours.
u being past two O'Clock, the Court took for
Mr. Brady subsequently put in answers to the poiuss
raised by Mr. Cutting.
Mr. Gerard then rose, 60 sum up the evidence upop
the part q the plsintd and submitted that in the
whole Of the original affair between Mr. Eugene Kete
tss and the driver, Mr Buckley, who was sitting in
Bradley came to him TO take up the case he AID NOT
do 20 i'm mediateiy but waited until Bradlys blood VS.
cool Mr.. Bulkeley seeing that tbe man was already.
Injured said he would NOT charge him ANYTHING Mr.
Smith, who found fault With Bukelsr Tor giving evil
dsnce, gave evidence himself on the sane trial ana,
then tummed up the care on his own evdenoe where
Rave any Of The deudsnts dared 60 swear that every
vord thst Buksey swore to ON the trial not true
20 The letter. Look hov he has been persecuted Like
boodhounds on the scent they track him. when not
me Of them has dared to cay that what he has sworn
70 was untrue with regard 20 the rich Me- Keteltas
from whom the arrow stepped In gall wa thrown the
rth ar keteitss did not pay the poor driver tho YER
ect ior Two months and then MI BslSeley asked the
Sberih 10 levy on bis carriages MIR. Gerard then re-
ospitsatsd some Of the particulars of the Gaze aud
SAID: 1hesc defendants here 20 answer for the
groundiess and most malicious prosecution. A long,
Geld biooded series Of upon the liberty and
Reputation Of young man, who had never crossed
their path but ia bin giDg suit attorney and
then asking than TO psy the amount Of the damages
snd The costs An attorney being entitled to tae
costs IN the cause Is ust oisquayipg interests and
upon this the Judge Dsy) who tried the "a o. decided
BY admitting his evidence Council then contisued,
til late hour contendipg that all Mr. Buckley had
3 ~ NJ VI M oUAt Naf a r..ll
ihUwn by the defendants foe their prosecution OF the
charge dpujury Acjournedto wednesday morning.