The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-05-11

State vs.. James Graham for Libel Joel @. Scoer
This up for trial yesterday in the First District
Court, Judge McHenry presiding. Mr.. Graham former
editor of the Louisiana Courier charged with publishing
hbelous article on Joel G. Sever in September last that
journal.
Mr. Reynolds, the District Attorney appeared for the pro-
secuion, and J. G. Larue for the defendant.
The District Attorney read the information that had been
hed containing copy of the aedged libel declared be of
false, scandalous and defamatory character The
statute under which the prosecution was brought was read
declaring the penalty for publishing false and beous article
against the reputation Of citizen to be fine and imprisonment
The first witness called was Mr. Daniel sculy, who e
he'd that he was employed in the office of the Courier at the
time when the article in question published At that
time Mr. Graham editorials for the Courier He knew
not who published the Courier further than from seeing the
names OF the persons which stood at the head Of the paper
publishers.
Mr. LarHe notice that he intended TO contest the
whole course of the prosecution and that would be
necessary to prove that the identical paper introduced
evidence was in reality published by the party accused Of libel
in the present case.
Examination rcsunedWness said he could not identify
pfP from lie lie o aGSd Is Pa y that i Looked Ike The
DE q GF no. sw9mThe paper looked Ike he ordinary
then in bis hands was bona de publication from Ike
Courier office He had read similar article in the Courier
N iast and supposed Mr. Graham to be
joni G. Sewer first seen the article objected
70 at the office OF Dr. Cross and had then marked out te OIL
InsSsp @ % and got the paper from the Doctor
the identical which he got at the office Of Dr. Cos
de once held conversation with Mr. Graham relative TO The
Mr. s Gshm 9 hs he ad to oSSsd
hDels the law would punish him, words that effect
town, New York?
Mr. Sever answered that he had, for a short time
M Larae-Dd you have wife while living there ?
witness appealed to the court to know whether he had
right to answer such question:
The Court inquired the object of the counsel in asking
Mr. LarHe replied by reading act passed by the Legs
aufe OIL Louisiana, In ls47, which, in tne words of Lord
Campbes libel act stated that in all prosecu for libel if
the matter charged beous can be shown to be tre and
published for usabe ends it will defeat the object of the
prosecution This passed decision made in
this court in the of the State Gibson tried in the year
1861 part OF the article charged beous accused Mr.
Sever Of having deserted his wife and family in
and he wished to prove, by witness that that portion of the
article charged belOus The court decided the
question to be regular, and instructed the witness to answer
Mr.. LGras-Had you wife and family living at Water.
town.
Mr. Sever said that he would not answer any thing relating
to his private and domestic matters. In this he would be
protected by the court and constitution
mr. 4arae contended that unless the answer to the cues
uon would subject the witness criminal prosecution or tn
the contempt and dcue of the publc was bound to an
swer. " -
On the plea that the would subject him TO rdicule
and contempt Mr. Sever refused to answer number Of
questions relative TO his wife and children
M Larae-Wee you charged with theft in the New
York Courier and Inquirer?
Witness could not remember such charge that or any
Mr. Larue-Did you ever deaf and dumb per-
son, to the best of your knOwledge2
FttHessYes often you have fingers and toes and
oenef witness never instituted suit had he promoted
institution OF suit relative to the deaf and dumb story
Society though he belonged the St Tammany potiea
party ne deaf and dumb and mad dog story was originated
"a answer 70 attack made by witness against MI Henfon
then political candidate in New York and subsequently
sLct Attorney Witness had been elected the office
OF Alderman in the First Municipality, which office he had
IN consequence OF being, he supposed, the
hands Of malicious and unprnepled enemies To charges
then raised against him, he had eourted inlurehe had
never levied black mail ewd and abandoned women or
any other description of He had ever since his t
profession OF religion borne unimpeachabe character He
ad Dee PREACHER and the continuation of the cenee had
been refused not on account of objections his and
religious character but solely political grounds
INF Sever here entered upon detail of his past history in
which he declared himself sefmade man. and one who had
never done thing calculated to mantle his cheek with
bushes His hair becoming svered with tn fosts of
age, and his earthly almost over and though he
lad been the victim of prosecutions the most malignant of
my that he had known fall the lot Of man. he could
ook back his without compuncton or regret
The Court and the opposing counsel nteered with the con-
mutation of MIR. Sewers remarks
MR.. CLAIBORNE sworn.S ince the of this
osecuon he had had several conversations with Mr. Ora
am Dnt had heard distinct denial admission as to the
utnorshp OF the objectionable article Had heard Mr. Ora
am say That he could ALL and than all he had
mai he article IN the Courier from Mr.. Graham pen
The Court then adjourned the case over till Monday next
t . O'Clock, when it will be continued
!