The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-09-24
Court of Common Pleas

DeEters, The Police
Of the JudgsMr Cochran counsel for the defendants
previous to resuming his address 10 the jury called
the attention of the court TO editorial articles
which appeared in the Herald ON Sunday aud Monday
ref rring to this trial and insisted that they
privileged on pending trial and were in the nature of
contempt of court lie cited the I'd Yesey sepr 25O;
and I'd Atkyns, 400, AL; and complained that tbs
Hefald had ret FRED to wilkes being indicted in Co
lumbia county and connected with another case lie
counsel alleged that these statements iculated
to prejudice the jury in the t-ial OF this cause.
Mr.. James 4. Brady stated that although this was a
matter which, counsel for the plaintiff in this
he was under 10 obligation TO answer, yet he felt
hound to that in these articles read he had dis
covered no that not in conforms with
the evidence the trial and for the other facts
they seemed TO be referred to well known public In
cidents. Mr.. Brady also remarked that counsel had
to state that the same paper which contained
these comments contained also a full report OF the
testimony trial which he hsd not alleged to be in
correct. The comments in the Herald were made when
all the testimony ia, and could be referred TO by
editors they justified the language OF their editorials
IL the courts had apy mower 10 arrsign an editor
such a case-vhich be (Mr does not belieye-they
have the power only where the CONNIE nts made on
pending trial we've obviously to impede the sdmius-
trston Of Justice which could not be pretenddia this
case He (Nr Brady then asked counsel whether he
made any motion ia the matter and defendants
counsel said that he merely mentioned IL for the
court.
The Judge remarked that if publc atoms wore made
which designed to affect injuriousy the adm ais
ration OF Justice, he N-uld not hesitate 20 denounce
them aud II any such had been made in
tauly would have effect the iarJ; but II
necessary TO delay the trial in reference this
hs be court bad Lot been required TO take action
upon H. end he felt is only necessary TO tell the jury
that they should give 40 consideration to conm ents
obst yation sde in any quarter outside court
Nh. Cochran then proce, drd 10 finish his address
the jury, which he had commenced on Saturday
hr. James I. Bs dy, alter some preliminary ooser-
ystions said that the amount OF damages all that
the jury had TO decide upon The liability OF the diff
f,rent deiruosnts is matter of law, with which
they hsd nothing to do ID references the editorial
articles n the JiyaH he eouteni.d that thev eoala
neither affect the OF the defendant nor OF his CIR
Bs) client but he would say that there is not tact
stated in either OF them which is not fully sustained
hN he and ha awffn IN OF
some OF the GieBdants The editor sets out by sayng
that Ni!kes h tbe only responsible person. aud except
so lar az Wilkes Il concerned, no comments have been
inaulgsd in but What he (Nr himself should rel
rate IN his observations. Counsel thea went 20
argue the liability Of the defendants Thomas ard toe
D.Xters they csnbot deny their agency In distributing
Throughout the land the Islander which affected bis
client The learned counsel ref'rred to several eases
IN support OF bis Views amongst others TO EosCoes
Criminal Evidonce, Cos Greenlsaf Eyideoce, 90
and also to occasion oiJudge Nelson. II they we're
not liable, any insolyept vagabond might libel the
community from day TO day, and there would be- 40
redress. Counsel tn went on 20 shos that the Dcx-
t,rs were the most responsible persons and that f;hs
plsiptih turned over to wilkes alone there sss
nothing 20 lead them 10 the belief that they could gt
dollars him. After an address Of
length, aud the toqu.nee usually displayed ~ him Ia
the vindcAicn OF his clients cause, bat which a. II
impossible ior US TO Do Justiee TO from the iength OF
ths proceoGinss Mr Gredy concluded by calling
the jury 10 Incte iuries hts oiioat the ia
Jury be bad sustained by the unexraiad asa unjus.
insult Of the defendants.
ruE u.paE's cIuror.
Judge Woodrnn then said-lt 10 hardy necessary
for to that actions like the pre1sut nyulvs the
consideration Of Trinc pies vital 20 the well be'ng o.
the community at large. and the peace safety aud
happiness Of every member In no country la ths
world faithful and just expedition. and 80 Impair
tsl energetic enforcement Of thelsw Of libel
tal as in cur We claim, aud ss have the enjoy
nen Of Liberty in All things In its largest aud best
te1se-or night better say In and only
sense liberty 60 do all things consistent with the
good Of fsllowcitiEcns individually ana coliec-
lively aud In no department do prite that liberty
more highly than In the privilege OF expressing our
opinions and sentiments, when aud where We VIII on
a n ct IA NNi Ms NfN A
Our fundamental Law has, therefore. excluded all
isspctic supervision the liberty OF speech, or
tut,e s restrain its exercise But this very freedom
begels The necessity and nsgnihes the Importance
OF correct understanding Of the proper lciits
OF ts exercise, aud serupuous oo'rrvaneo OF
its proper bounds. IL Is made part Of the
sSsss TTits. ana Publish N. isp,iasntS on al
sptects,' being rt,ponsiblo tor the abuse OF that
risht This Iisht rests ON the same fundamental
Law on which the right Of personal liberty In all
~ relations depends, aud the same witch all oar
right Of psr,on and properly depends The right Of
personal security Ia guaranteed by the cohsti
tutioBsi barriers and this right Of personal security
embraces Just protection against assaults not only
I upon our psrs6ns. bat on what to = pure mpd Is
mere Trtoiouf--our character and good name We
have then the Land the liberty SPEAK write
snd publish subject 70 legal responsibility fyr .ao
abuse 81 that right and on the oahrr, the fda-
damentAl guarantee Of security against that abuse
I IL belongs 60 the administrators OF the ls~ g.
fhal enecuaiy protect the rights Of both The poser
q the pre-- then for good aud for etii makes - a.
i
most i-gerous and in virtoous Gem munity, most
ofrufive vhrn tbus4J ~ y most Ia fuentsl because
creates vel - fosters that vsry public ion;imcat
won which - depends for 81 support. ~ % much
az is spirit tnd tendency l. morsl virtuous. aud
icsthiul BY % much u extends the inauencs of
virtue and good morals BY 80 much A. q minstursto
merbid ytssa tastes promotes unworthy passions BY
30 much q prostitutes it, t r. coTrupfs sad d-gradcs
that public whom they undc axe to snlgtrn an in
struct while may and ought holi all 10 strict
responsibility f0r abuse ard rle 20 btcau.e
priretbs nisrty which q abu ed we should renl-nb.r
he rfFa nd Itf Of Ia oft
nc press b delicate aBd resgonsble helook 90 them
for the isfFs diffusion Of useful knovleiss Wee
from thfm The determination u Just opinioas the csn
asnustion ofvice in ala hs forms the cucoarssem@ut
If virtue in al its relations Of public private lie
thee ad ia the naturalization Of justice and promote
I the TafsaEu q ufrful laEs. We demand that they
Of All sorts 20 csution ~ for our protection
and 20 prevent evil doing By exposiug ". These
duti,s are no lees delicate than re'Pon,itle They
call tor TIE exercise q the highest vriues-truth,
\ fidelity tarncst integrity ana searching discrimi-
naiion ana thtse vho, with sincere honesty, apply
theteyes fshuliyt TO these ius and proper purposes,
entitled. when their eo ad1ct u cpei 10 question.
20 thefust trotectonin the dschsrfe 81 ther proper
duty aud 20 lenisnt regard fthey uniu'entlonailT
err In this view the press large most largely
Interested Ia just determination. Ehish thsi Gus
. tain tho.e who tre put.ulnr the line uf iaiy aud
RESTRAIN All vho sbuse The ib,ly Fuarsntee ~ them
by p,ryertng the pTsss 10 the purposes n private
I malice or Tire sratiheation OF unvor.ht pa''tons;
sud the correct naturalization 81 ths las g. which
this fprrais g. Therefore MT only rterrstng
bot q vital importance b. ever nan who is endsat1f
l ing 70 dsoharge Biz duty IN the conduct Of public
pepper which b. desires should stand eel in ths 80
\ TEEN aud cobh5rnce Of bis felloH-ctyrng. Ouf Grt
irqulry then v. what is abuse 81 met liberty ~
\ wbi,h have fpuken' when T. tbat hbfrty s1 used
I ~ g. smount 20 trefpafs upon the right e stcu.
rity 90 ons's T~rson aud good nauei - tar q. re-
Atef TO TIE prcseut case, this inquiry 4 oonhpsd "a
fbe Qutrticn-Whst constitutes ibaF lbel 81 de-
| fntd o. b. csnsofious ridiculous writing made
\ wifh mifchirrUus malicious intent turaf1H
. so,srnmsnt Magistrates. or individuals To siiow
\ ne itess 20 Ne the medium " malicious
iicule 20 private character ~oud soon seprave TIE
rufsi tate "a the community. and render the state
. az society miserabe aud barbaroua AnY written
faudtr though rot Imp 70 NJ sty definite crime pun.
i.hatle BY crutts N tending 20 render TIE rartJ
frtitrt Oh Disgrace riaicuie contempt holding the
ragty up 90 puhils SCOTS is sctonato. II Is action
able IN uhatcVrr form % expression n pIbli ned
t does not iplure the name 81 the parry hbsisi
D te given 20 does net require that The matter
rsinsd of should BE- positive assertoa. IL nay be By
! iut.mation-ty inteTrogstory-by irony; AMI the
/ construction Of the act which IL the subject
Z ff complaint IL 10 be tested b. rules Of law