The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-02-23

81 were examined IN rSstion TO the Kidd stock hal
no personal knowlsdge whether Carpenter was oon-
esrnsd In the old company the old company fell
through BY the expiration Of the lease the Kidd Sal
stion IL - we'll known BY that name % the city
Prison Of New York IL known BY the name OF =" The
Tombsn
Cross examination resumed knew hundreds who
knew them BY that title eat OF courts OF justice wit
ness knew that Freeland and Sheldon wsrs both msm
bers OF the company and several notices Ia puon'
papers appeared by which the public could know It,
Re examination BY Ar JordAa-He had bsen . rss
dent In the oty for IA years and came In ,ntact with
. large portion Of the community; al that he did
come In with knew 1t well; they often
talked Of rs tbs Kidd Salvage Com as they we're
talked Of at al, and were universally known by that
name.
Mr.. Jordan then proposed TO read the libel, which
had not been done but Mr.. Brady oonten isd that
there proof Of the publication After some dis
cussion, the Court thought there was prma ac,s evil
dence for the Jury, who In OF bs judges
of law and factand Mr Moore the read the alleged
libel as follows
lers known the Kidd Salvage Company, who robbed
Carpenter of several thousand dollars Carpenter sued
Jordan and then exposed their villany; whsrsupon
they employed oounterfeer to impugn his character
and that counterfsiter's word, employed supple
tool In the police to arrest him.
Mr. Brady, behalf of the defendant, regretted
that he had only come into court during tbs latter
part of the days proceedings; he had TOR what he
considered good reasons, thought that the cause
would have been adjourned, and was, conseque Hty,
uuprepared to address the jury upon the so
would be allowed u little latitude He thought they
would discover il they had not already done 80 that
this was the most extraordinary case OF indictment
Tor libel that had been brought before esart of
justice They. the gentlemen OF the jury, were As the
learned Judge had stated the judge, OF both Law and
fact in such the present; AMI although
the court would tell them the cardinal points
that were to be kept 10 view by them, they
had . legal and constitutional right to dis
pose OF the case according to their cone sciences
1t had been said this the law in all criminal
but it not In libel no tbs principle had
established after struggle
to the old doctrine Of the English Law, the crown off,
Ger used to cay arbitrarily it libel
ed sn alteration in that respect and whereas i had
bsen the custom for the judges to pronounce whether
rs Lerd Denuan and Lord rsnterdsn woaid nov leave
it TO the jury. One most eminent judge 10 that coun
defined la Law. You have heard what q libel is Is
TIL, one cana OF undertake TO say Can you help
tie defendant wa, public officer and h. VA, charged
an sfRtsvit before it hal been sworn. Ths
Judge bad decided this was clearly lbsl, Is
it charged the detsnient with gross derslio
ton OF duty. or shuse Of his office but 1t held
appeal tina. IL should have been put TO the jury In
criminal it would be impossible to convict up-
less the intent to defame Gle lrly shown aud II tho
jury had any doubt upon this paint then the defend
ant came before thea with perfect right to speak hi,
mind. The defendant was the editor OF public jour
nal which they all knew established not only to
assst the Law officers but to unicste to the pub
lie the by which frauds and robberss eff
fecsed, that they might BE- the better enabled to pro-
two Of their citizens in connection with his learned
friend (Mr. Jordan, but he Mr.. Brady
this prosecution. 1t was very possible that mel
Their Mr. sheldeu nor Mr.. Frselsnd ever knew
what they had suffered until Mr. Jordan
had informed them ThiswAs not at all an uncommon
case 1t was we'll known story OF an Irish barri,tor
who had been descaatius on the wrongs his unfor.
tunate client "a poor crip?le) endured when that
client bsgaa to cry aud sid it vas quite true but
bs bad never thought OF hall OF before, and he hal
no doubt but these gentle had first been informed
" iufor oil he hat Ai
done them lie meaut to contend that Mr.. wilkes
wac not only justified in what he hal written bat II
be bad ssd one word more less he would have bssn
quite unEortby Of the position he had assumed He
ws,spessing Of an action tried at thu. time in thu
WA charged a. an ACCESSORY in forgery counter
feitipr Mr. Jordan appeared on that trial
sci for the prosecution lasted tor three wseks
u va. one OF ssven eight and that
trial In which be Mr Brady wa. counsel, two witnes
s.., William NJ Andres and I. Y Young we're witnesses
Andres indicted and convicted Of passing coun-
terfst money, Young the worse OF the two VS., in
dictsd for keeping an abominsbls den In Broai~ay,
which ve ostensibly q Handsomely fitted up and
decorated bowling saloon but in fact nest for
haTborng the wore. class OF counterfeiters. Poor
Anlro. only what In their slang Is called the
shove; Young hndiug the money to carry on the
opsrstons With and Young passing the counterfsts.
subi; The jury disagreed. but he convicted himself
for he vas no sooner ~ liberty than he returned TO
his old occIsstion; ne vent 20 ha,,schu'etts whsrs
he caught again tried convicted and sent to tn
Stats prison. Th".e tho m-n that were
put upon the s.and to convi,t Carpenter, and tn.
down 10 t',lat the District Attorney and Insure
conviction naturally excited some suspicoa
They, lthe juryl would th.m,elye, b, sur
priced ct such circumstances. They well knsV that
II their robbed their property stolen ths
AtiorneysGene 9th State would not cone TO pre-
p-euts but how we're these increased when
they found that both these men AMI ros sni Young-
these felcns--hsd been pardoned one In NEG YORK
and the other In Massachusetts the prsc sdsnt.d
condition thathey should attend and give evidence
sgsin.t Carpenter They bad, doubtless, heard o.
cases who're accomplices have been called a. witness
n he Last nj fha Las and
never done except In case Of necessity; and wat
vas the Law on the matter that they should never
The sceonpce Who cones forward to testify against
HI. former oempsuions ioses the last claim for
liz 10 their cempsnions In crime Is the last trait
the merest wretch has Of humanity and when as the
lvice q biz own miserable if. OF liberty h. abandon.
that, he sinks to the lowest depths ~ rank ami id
pollution. How did the matter stand when Carp.u.
Ter w1 put upon his trial and these called TO the
stsnaf kndros came forward after lapse OF t~o
year, II both parties equally guilty, what sd
vantage could accrue In taxing one out OF the State
priton to put the other there Andres had been par
donsd By Governor Young on the condition he would
tetty against Carpenter IL Was reward for psrjury
offered By the Governor to the wretch, ~hsn b. cam.
10 the stand, ss the only edium OF saving himself
Young had been psrdontd out Of the state prison Of
hs-ss shusets on tn. condition. aud came the
stand and IL vas In connection with this trial pub
lie journalist, that the article planned Of vas writ
When they looked st one indictment they learnt
pent,r accessory after the tact Ts-y all kns~
What accessory after the fast II wasa person
VINO knowing crime had been committed assisted,
harhored, comisrt.d the criminal veil here vs had
Andres alleging that Carpenter had beiri.nded bin,
aud exhibiting his gratitude By going 20 senI him TO
The ststekprson for keeping him out OF IL. Counsel
thea proceeded to read the article at length. from
" en- th. libel vas extracted lie would ask hos
cane Andres 10 be psrdonedl They would remsmbsr
that Il wss IN January Isis the indie, nsnt was
found. In September. that action tried In vhich
Carpenter hsd obtained tn. almost sentea YER
dot 81 80 0O0 making st4 COO damages IN too civil
suits This money h hsi been Kept out Of by
apDlisst for new trisls-one Ia the Common |
Pleas. the other In the sbsps Of appeal tbs
whole CT lsis runs out and MP TO 0stobsr 10 |
1872 Andres bad been examined Ia the civil |
suits In The meantine and Mr.. Coitt knew him |
Then again sAs not the Kidd salvage Company i
ssindlsf Thersv had man, 9 Mr. william PEE |
ION Who was glad - tahe an cDdorsemeut I'D SIS
scceunt ior he ,crip who stepped out OF the ranks
his grofsssi0b tbst Of lsvyer-to 81 the foot OF
BisbdeFburg mountain. pun ping blasting and Dor. |
ing In conjunction sith Mr. Andros and other persons
after treasure not me atsm Of vhich did
will come 10 light until sons volc mo, several ex.
ctsd YOUNG sarhquaAes from the centre OF the zobe