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

he eight nsntbs to prepare IT. kylsarned friend
this trial Indeed h has been impressed
my mind that both parties agreed 10 try the CAUSE
n M thnn on sSst 'I hs
was witness in the famous trial Of Drury, and that
Wilkes, some how or other, notwithstanding his phil
Thompson, Bristol Bill, and the farfsmed Margaret
oCop nor and his counsel complain indeed that this
trial is prefed on in hot haste because Is proceeded
with after the parties Noticed that it
set down, and they hsd, as [ before stated,
. Try T. sS sc;a asked
the prosecutor and because he brought this
to Duchess county TO have It tried but think my
having the cause Tried here. Gentlsmen. the cause
brought here and think the learned counsel may
go TO New York to try 1t, he would scarcely come
home with whole bones. That is, in all proba-
Ths them wen. en- tn dsans the
Law Of libel and insisted that when it is proven that
party s the editor and Publisher Of paper, 1t is
publication Of the paper wherever 1t Is rcalated and
this very Wilkes lately prosecuted and convicted
of publishing libel in Fennsylvsnia and scattering
his ribadry broadcast that State although 1t
not shown that he, Wilkes, was there. However
gentlemen you will take the law of publication from
the Court; but think his Honor viii differ from
my definition Of 1t. Gentlemen, the publication Of
libel implies malice; and It lies on the deendant to
show that IL is true aud not only true but that was
published from good motives and justfabs ends they
have these three things to prove before they call
upon you for verdict But IL they do not those
written in mace and degrade and yllify the prose-
cutor The counsel said admitted there but one
word in the libel which was true-I admit said SO
and II ia that stupepdous system OF villsny that
carried on in the city OF New York with which George
wilkes lie familiar. Gentlemen. does II lie in the
mouth Of George wilkes, man that Is STEPPED TO the
chin In the monstrous system carried in New York;
to charge Mr. Jordan the ghest law authority in the
State, and Mr. McKeon, the public prosecutor OF the
into conspiracy with counterfeier- and fslons 10 get
up prosecution against Charles H. Carpenter to send
n EA IN nrtsn mil
II that charge true IL there any honest man in
the comnu unity that would ever thereafter associate
with them? think not. believe that every man in
this county would not only shun but oathe their So
citty The Attorney General went TO read the art
OF 1t for God knows said he, every line, nay every
word OF 1t contains most atrooious libel upon those
two gentlemen The attem pit made by endants ceuu
sci ojustty this libel admission Of IT. they at
tempt TO show that Mr.. JorIan procured for Andres
his pardon. Now what does Mr. jordan tell you gem
tiemen? Why, he tells you that Mr. Mather, Anjross
counsel applied to him join in asking the Governor
for his pardon, and he ndie uanty refuses the appca
ton The Governor then rs he had perfect rht 10
do applied to Mr. Jordan the hr-t law officer OF the
state for information and bis opiuioD in the case OF
Andro- and Mr. Jordan as he vas bound gave him the
wasa proper subject for Executive clenency Nov,
this but acting the time bonored rule that has
been acted upon since the esab bment OF our govern
ment, and God forbid that the mao acting upon tlst
rule, coming into our courts to look for justice shall
be turned out Of to resort to Lynch Law to the
law Of the club The Attorney General concluded
very able speech, by invoking the jury TO give ver
diet Tor the people 1t seemed To him the iceutlou
n.ss Of the press called loudly for the interpretation
OF jury.
The Judge charged, that some things got into the
which the jury should dismiss from their minds.
IL said that the defendant pressed to trial
unfairly but that cannot be fairly said. because the
defendant fully notified. We Uhe COURT were OF
opinion that the attempt to put off the case was
mere SHIFT. Ri. wilkes would not be here to-
morrow no more than be to day. We are
bound 10 preserve some order Ia oGr proceedings
II we lid not all tho criminals in county might
escape and set the laws Of the country at def
srce His Honor then defined the law Of libel,
End told the jury that they bad the evidence OF
Mr. Hitchcock aud Mr.. Gordon. that wilkes was the
author and publisher Of the libel Nov said his
Hsnor wherever paper containing libel Is cifcr-
lated prosecution for the sander can be maintained
and IL may happen that there may be great degree
OF propriey in bringing the prosecution in distant
county but that Il q question with which We have
nothing t. do Now. "a TO the defence, Ii the de-
fendaUt pT0ses that this libel Is t.e. aud that IL
Published from good motives 90 Justhabe ends. be
IL entitled 20 an acquittsl n, stated the sub-
stan ce OF the libel and asked = there any evil
deDco TO show that Mr.. Jordan and Mr. McKe On coz
spred against Carpenter, and III at Mr. Jordan used
bis official influence to obtaia the pardon Of Andres
on condition that he would testify against Carpenter;
and this latter charge. said Ills BoD.r Is the
atrocious part Of the libel It would IL true sub
jet Mr.. Jordan himself to an impeachment. Now,
gentlemen. do not see particle of evidence to
the conclusion that II IL libel you must also con-
clude that IL written. and that IL pub.
lhhed IRON malice, and to degrade the plaintiff
The jury retired and In q few minutes returned
into court With q verdict of guilty.
The court then called upon defondant's counsel to
knew when wilkes would lie In attendance to receive
Judgment II was replied that he was expected to-
morrow.
The District Attorney said IL he was no. in court
then, he would move 70 have his bond forfeited