The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-12

Ruus.spSrxx.s
pass offered to read from Of Martin rs Crcss~ss.
Hut attorney to show that the arrest vas m.ho''s.
E1e.uos0 no evidence :, ni,iangpi ca, en-
gagged by the girls at tn. request Of Mr. Hun was
attorney an Counsellor OF ali the courts heard cos
vsrsaton but recosct what It wasi wsat late
the police office, to spesk Justice Lothrop no one
sccon panied me when went in nrst ~.s present.
at the exami sation /; DIR. Gresham present.
Q.-Was any waiver made
Al did not notice it / anxious that an exani-
nation should be made he was the man who went
there.
Q-what said by Justice Lothrop, as to battling.
ohected to by defendant and the objection opposed
4 be Court decided that the important point was,
whether the bail was legal or illegal.
Cross tIamtned-l AN an attorney OF the Supreme
Court. and counsellor under The recent Law vss
admitted in 1870 took them lths girlu) In there, for
the purpose OF having them examined aud to have the
bail properly taken did not say TO LoShrop waited
CrossnAn exsmioed, nor did asy body
The testimony closed here. and the counsel for de-
fence made a motion to dismiss the comp iaut the
ground that upon the plesdings and proofs NO cause
This motion was overruled and defendant excepted.
Counsel TOR defence, Mr. sAsDronD thea introduced
authorities support Of requests fer the court 70
The JusGE informed counsel how he should charge
upon several points He did this In order, II possible,
to shorten the case
Mr.. sArpYoxD summed up the evidence for the de-
s sal. to ,hs Jury 'h. he had mot :. Sr
the trial OF this bat IL late hour In
briefly as posi- bls shall take them up in order,
sthey occur IN the papers and II there is anything
censorious towards Mar. HUI aud II ceusorous, whs-
tber IL lie not true IL Ia much the privilege OF
EDITOR to his views to the public, It is the
privilege OF any one OF you to express your views to
your neighbor Ia regard to tho article headed Po-
lice Inteiligerce our defeace e, that 1t y truthful
statement OF what occurred MIR. s here Svie~ed the
testimony, showing hat the allegations 20 all been
proven. What Is there, ssid he the rsort Of this
csso inconsistent with truth II Mr. Justice Lothrop
uncsed these iscts 20 MIR Baker correct-
ly reported the facts there Is libel esds scouts
testimony prove that u did Rislsad The Recorder
and also prove the relation between Huff ssd Hsoorder
Scott Ana about the comments made this srti-
cle he seeing this thnki sub
ject lay before the public This article directed
to Recorder Scott; MIR HUT came In merely moi
dent. 1.-THE principal haa been guilty Of fault aad
had given up the agent ought no noe To be notcsd!
As TO his sking noise srlady according to 10 all
that has been proven aud in reference TO hts picking
many cases Why that! fhe only inference IL
that people not wiling 10 employ MIN sea no.
thing scandaous in that references to the specimsn
e his literary abilities, Mr. Russell knows tho hsad.
MIR. Philips proves the spsliios; and When maa
has seen buff Is spelling ne never caa uistake 10
is surd say that Hut did not write thar letter
The counsel next took up the report OF tae case In
the Special Sessions, snd going over toe evidsacs,
showea that the facts Get forth 10 that article had
souudshtly proven When raid he, the scales OF JUS
uce equipoise, he (luf) threw in the wsght Of
his against character The girls appear
euce scene outside proof OF the tru!n Of
her assertions. he smotions OF nature cannot b.
eounttt ipited have Ae the points of case.
q I'd has libel been committed he couassi for
tLe paint has told that ha snows IT hundreds OF
libcl cases sgsnst Bennett | have tried every
libel he ha hsd tried tor the last four years,
and have known of but four "A 20 dAmAgss. you
w be told that you give sufficient To repsis tina
dHmsy done to The com fis.nsnt But when have
proyeE all that l. set rot out damages accrue.
1t il said that when e lbs rs perpetrated yoa have =
Ight ard such damages shall not only rapAr
the character out hall be- exemplary To teasa
others nos to interfere Nth private rgats. will
where there is evidence OF an agra
waited But here it quite dihersnt the re-
ports mild la expression. rhe counsel closed hs
remarks to the jury by mmenoae eloluon'iy uppn
tue exc.llspces Of untrammeed press com srins
the countries where theirs Is freedom OF the
with our own country, and even England -coontriss
where the OF the people their principal
stock VI Information and Learning from the
press he claimed tia. III. acts Of courts aud juries
ougst not TO be exempt from remark and
proof long the publications. confined to truth.
H. said lie. jcsse VII open the prison door to ths
guilty, shall not the press ssake " knoSn!
FOURTH
Tho CouasEL PLAINTIFFS followed aud, In tho
course OF his summing up became vensuens in the asa
of inveet,e editor Of the Herald the rspor-
counsel the other eide aud of the vii
npsses in the case e then an arth maticaI
calculation the data Of the crc ultion AID price OF
the Herald arriving At tAe conclusion that Mr. Dennts
must be- making over sioocv. yrAr Independents VI
Why he should be nuctec In damages -" cosis hers'
SAID he. Tor money. Give NE any a.ooot OF m,n-y-
| Up w,sE, Amt you To sustain those
drsyo,ug 10 rise oy their pdrstry ;aeut- san Ths
painiihs council vas devoted to s,a,in oov ad hat
brn abused fbd in the Of invsctive ssAast tos de-
fendant and the witnesses
CuARuE OF JUnGE sANDFoRD.
Judge s.aDFonD then charged t.s jury as follows
IL Is ian pori ant Of ths description that they
sh,uld ke determined In II justice the Juss
hb.rty OF tho pr.s and private ought to be pre-
tsry-d We have sim ple duty r-gard she psrsiss
rs strasgers aud rely up@n the teiimSny This Gaze
| b. really within . compass. His hoaor
ultted the iCllo@ing points oomueneing with the
ph ntiG's allegations LIST, That ds,sniast pun.
he the puhisher The ansgvr d-risd all Of :hen-
to the point itself .ubmt evidence is sufficient
articles and l. liable pay all ths, indca-s express
mscs in publications prepared ~ tho,r la hs pioy
| will so the whole - shsther ioslious or
Without references tn the jusiieo~ion:ist d. any
CT them constitute libel lreads dsaai'iouI, ottous,
ridiculous ccutem qfible, In public est n i-n
which tvads 70 degfale him IL The PUBLICATIONS ara
| uh,icrs. ,hs law iuters malice
kirst in order Is " Police iusyLeeaoen Only part
have right To lo,k at tho whole Co scsetsa its cha
reUler- the eorirs Of proceedings apd examination
| (l.sdr two pnr0gtapbsD Thar counsel HUI oon-
,eysd them (tbo Martin sri) hf,r. tae h.,yrdsr"-
hen otbrcp Informed bim lis place Of baAinss
IN Police Court SspdiEg by its~L nothing tslious
ia apparent In The; aEd leave 1t 10 20 la what
sense he inteEacd 70 c.nsey isx ihsr ~ ea at
t,mrt prsvcrt the couFse % iezsl proceedings
f4actiee any task os inprnpfr clndacL IL you
10 ssy NhsiL.r tast tue 50, taen 4. 10 IL
| l.ll. a., N MS al .nlia- L.
seccbd-'nlacsl gsa Case CT Recorder Scott"
| At!tthclitg ths We are MT tying Scott, npe ths
| Msnin thIs- -siiunga 20 thea Is wholly inma-
| iisl tActFt w rei-rcn~, TO wot'es IL IA hbsl-
lOus on Tie RtcsFtss, aaess true and Il t. only 60
| BE- rrTaftts e. ~ DvsTs "A fluff 10 sn.iyrs tit
| chrtgts him With rsrtsip.gr in Illegal bail I'm
i,si justiisj 10 Is libel That hs wrote the letter,
a. SCI fith; htri uBlcts d-.pce Is mate Out
| che Jucsc T,Eil sesirAl "a assspbsl Ia Ordinary
casts tsr EOlld IN W imDute nothing der Entry.
uAs 81 irsricps wasit iuteniet T. convey ,ns ida
that he cont ~ liinl- person, ks7..z n?ns %
tber~ gusifl Nti1usf " They sre Intended % b-ing
him itio Iiaicu- nlpi, they ibsIl,ns %
not any Intention a. uisrcprossui aiDl made by
/ HUT 10 spi ssr- that tAe Recorder said So.
| "Ciitr IA arise Court aud ss.sions'-" Made
usire strictly ascending O. lav rhe Oiss q c-ier IL
nscssssfy and aucieut ore and respectsh- eface.
| All that is sts'td riding 60 Judge Es8d.ll sd
ohts properly hs duties; ana though all this be
and not a vufd is contained beyond truth. 10
In NJ H. M
dUrs, 90 hold bin up % jicuis' 10 20 risiclie A.
| g. albrl. though true strictly
4 "ttrhtu. Mp causes - the E0mbs:' Did ~ mean TO
degrade iiUn and bring him Int contempt, haE-
frdgsd laHy aud unHt.td to Transact other busas
" isbo libel 20 ray he admitted ~ tslS IL rrpu-
table him that In the of his duties ne got %
| sths srads 81 an attorney.
| 1hira--rspsr q December 81, "CnUrt of Special
Ssesons.n 1bisRtyss stat meut II fgds partisips-
dion Lin unt. arns and ~