The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-09-25

~ UeHKrEPsIK COURT OF OYER AND TERMINER.
Before Justlcae Bareulo. Vail and Baxter

Jury Of Dutchess county at the March term OF the
ty, in 1850, for libel the Hon. Ambrose L. Jordan,
kxAttorney General OF the State OF New York printed
ana published in the National Police az,ife (of which
the ascendant Is editor) the Goth OF October lS49
The Hon Levi ChAtfsld Attorney General and Y.
Campbell ths District Attorney of Duchess county
appeared for the prosecution.
The District Attorney moved to proceed with the
esse Of the People vs. wilkes
Mr.. Dean moved TO postpone the trial.
The District Attorney objeetsd on the ground that
the set down for to day with full notice to
ss Ml ana ne mad ample lime 70 oe mere, l.,
the city Of New York 10 postpone case for short
time for the accommodation OF defendant.
Court-We know nothing about New Y erk customs
here.
District Attorney can go on and call jury.
Mr.. Dean again requested postponement
Court-Let jury be called
Mr.. Garrstson Juror was called and challenged by
DEFENDANTS cosnssl-Knows Air. Jordan is not person
ally acquainted with him; does not know whether he
belongs tothe same party with him or not has read the
Police Gazette and formed an unfsvorabe opinien OF It,
The juror set aside
hJohD u. soule also challenged, but allowed
to be sworn. The questions put to each Of
John D D. sculs, oliver ". Doty, Elisha s BALDWIN,
Schenck Montfort, Homer Schenck, Wales A. Candy,
natn'w Bogardns stephen A. Thorn, IT,, Ephraim
H. Chamberlain, William B. Noxor, Henry Vail, and
Jacob Montfort.
The Attorney General opened the prosecution Hs
said they appeared here to prosecute the defendant
editor and publisher Of the National Police Ga for
libel published in that paper on the late Attorney
General As the editor OF paper he had the right to
make such fair comments q mig occur to him; and
II be had confined himself to his legitimate duty they
would have No cause TO complain. He (the Attorney
GeneraD did not read the paper himself and when he
came to read the article under consideration, he
would not be sorry Tor knowing so little about it, for
gross and magns libel he never read in all his
life In fact, gentlemen there Is not. from the begin
ming TO the end of word Of truth e here read
the article which entitled The trial OF the
spirsoy sssen and went TO charge Mr.. JORDAN and
Mr. Keen, district attorney with pring with
terfeiers and ieions, NC. and that ar Jordan used
now read the article. gentlemen and think you must
agree with me that more seandaous and attrocious
hbel was never published and circulated in this state
he also attacks Mr. McKsoD, the New York Disttict
Attorney in the grosseet manner; but he goes step
beyond, and attacks Mr. Jordan in his character OF
OF Attornsy General Of this State and charges him
with being ia combination with gaEg OF counter
flops aud with using his Pus0u as ttorney
General to oppress an indiAidual. We thall give
him an opportunity OF making good the charge, II he
euuon-Knows the National Police Gazette; roosivcd
the paper now produced IRON Mr.. ktnworihy.
barber; be is news agent sells the Police Ga=eiie,
amongst other papers; George Wilkes is the editor it
L. published in Nassau street. New York. witness
in the Office and saw the paper there
Cross exsninsd-W tines does not know Of his
knowle0ge hog the payer comes here; he does not
know where IL is printed in New York
Dirsctresumed-s Mr.. y ilkesin his office in Nassau
street; went there Of errsnd; had conversation
with wilkes in Nassau street intro luced him in
The Cce the psper was fpoken of in hs rsatou:
wilkes raid he editor OF the paper, aud that ths
publication of it in the country would be good thing;
that be would carry out the enterprise; be asked W.T.
him; witness did act agent tor year and pro-
cured some Subscribers Tor the paper.
CEoEs. exsmined--This conversation In Centre
street; Dir Camp then joined with Wilkes; che
former has tince gone out.
K.nWorihy examined--Is sgent for the paper; sells
the paper has sold the paper for two three years
bas bteD regular agent for the paper fer eighteen
months sells from thirty 10 hfty copies week
The Hon. Ambrose H. Jordan examined-Kuoss
Geo wilkes; knows from his (WilSssD own d9ciara-
tons that he is editor Of the Police Gses; he toll
witness that be wrote the ari iee which 10 nos eot
q h
al. nearly all the articles in the Police Gdseite.
Cro,s.exaiain. d-Made the con- pialut before the
c,.,S Inrr ssins, Wtsss. tb,nls a. as iss, ws-b
he de the complaint; the reason preferred coming
here 70 try this cause because knew hat there
would BE- better chance Of getting tsirer and
impartial trial in this county than In the city Of New
YORK; knew, from my professional experience In the
city OF New York. that there are gangs Of persona that
interr1p justice In tnat city by procuring juries TO
convict aequit according to their feelings opinions
ana PREF udces, and know thh. the atmos phere Of
Duotheis county lie free from thsknd of nerierenee
witness was subsequently called upon by Wnker when
he lwhkesl admitted to him that he the editor,
and wrote the articles In the Police Gas,iis; he then
remoIs,rated with wilkes for writing and circulating
selibels, upon person, whom he (wtness know to
De rs respectable as any citizen In the community; by
those he (witness) meant Msssrs Frsesnd and Shell
don; the suit for malicious prosecution spoken OF
grew out cfs threat rad by Charles against
Defendant's counsel was proccedng.to examine the
witness as 70 the salts brought By Carpenter AMI ais
success In there suits
ILe Attorney General iIlsTposed, All SAID chat II
they intend 70 justify they should prove The conspi
libel instead OF justying by showing that Carpenter
succeeded in certain suits brought By him.
Court-Ii you count upon the whole libel ~e do OF
see how provta them Of going into the proof
but II you only count the conspiracy then they
would not be entitled to go into that species Of proof
now offered. But Il seems to us that there two
charges contained in the lbe;-First II charges Mr.
Jordan with conspiracy and, secondly that he used
dual, which would of itself be libel Nov II they
Oder 20 justify both charges they would DO entitled to
ocr the pfoo; but u .hey intended only TO sonane
charges.
ylnpplyng q that which they intend Justify
The Court then called on Defendants counsel to know
what cours, he intended to pursue. D,fe ndsnt's
counsel said his instructions from Dit wilkes when
he last cav him was that he would prove the truth II
the Whole libel The evidence Was then about to be
The Attorney Gen raj again nerpossd aud insisted
that The proofs offered should be legally made namely
that the records ofthe vsrdcts should DO produced
The Court said this last objection fatal II they
had rot the records in court.
At this stage OF the proceedings Dir. John Has
kins frt New YORK city counse! for Mr. wilkes came
into csyrt and aid that wilkes detained in the
city for npoth.r libel; that h (wlksD vas also en-.
eaged asa -iibe'. ~ smother cause ana that his Lead
ing counsel Daniel siekles "a, sick and asked for an
adjournment until the nsIt day
The Attorney General objected.
Tie Court decided that a. the parties had full
teo. which APPEARED by the admission Of defcutants
council and he, NJ. Haskins, was not present at
the sitting q the Court to make hts application and
the cause preceded With Il was nov too ats 10 stop
II the cause should 90 on.
hl tehtiulcny ccntiuutd -lte ne never
applied 60 Governor Young fer pardon ;or Andres;
be only wrote letter 10 Governor Young In to
enc written by Governor Young 20 witness requiring
sntvsr TO Ftitrsl inttuoFatories contained In said
hitter.
Bers The letter REQ uirei to be produced but u
was rot Forthcoming. and defendants couz sol was
proceeding 20 read another article from the Polo, Co.
90 show that the libel nov under confederation
MAS materially guali6,d.
The Court aid that the article libel itself aud
" wilkes Indicted tor ~ he M sht perhaps Justify
H. but could not be given In evidence to Justify the
rr,scnt libel
Dir. jordan, in continuation. said that when wilkes
Gale on lin At his ofce witness rtmonttrated With
him Tor publishing those bsls the paris and
on hmfsf the vtness). and surgcftsd 10 Wilkes the
Trcpriety q his retrectDE them wilkes asked wit
rsf was proper tor MIN (uiines' Go send for bis 20
his (witness once; witness replied that he did not
send for him. but that his (Wikes0 clerk volunteered
to send him To witnsss ofce. aud he supposed that
IL In pursuance 81 his clerks message that be
etmc; they continued to hold long conTersation on
the subject, bat WILKES refused 10 make any rutrac