The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-03-19

MosDAy, March II.
At the termination Of trial which had occupied
the court for some days the OF the People OF the
State Of New York against George Wilkes proprietor
Of tho National Police Gosee for malicious libel on
tho Hon. Ambrose L. Jordan, Ex.Attorney General OF
the State called on This case 1t win be recol-
leoted was tried here former occasion, when the
defendant was convicted but order for new trial
was subsequently, obtained by him, the ground that
wilkes did mot appear and that the proceedings we're
conducted BY counsel for the defence without his
sent IL was now half past O'Clock, In the eve-
ming, when the court ordered the to be called on
william b smith, John Coakrsy,
William Cooppeil, Baron s. Hutohins,
s Homer Hitchcock, ii john II. Titus
General mather, Who was associated with the Dis
trict Attorney for Dutchsss county opened the
on on. bss. Of Il the people Sy hi: r:so.
had once tried tho before the Same presiding
judge and vas familiar with all the facts involved In
here sl would listen to him with pleasure, and the
cause OF public justice would he safe II conds4 to his
necessary, on the part Of Nj Jordsn more intimsss
connection with tho Of this suit than his
sense OF proprissy would otherwise permit and which
to the character OF Mr. dan, the Who
had lived In this State for than half century
ard until the publication Of this libel had snj:ysds
honors In his profession. He q man whose repu-
taton was above reproach; not idle in his life
State, but one who was born in 1t, and lived in it
nearly three score years The plaintiff In justice to
case bsfors the public. with regard to the defend.
ant whatever this trial might prove his character to
bo he was no Insignificant assailsnt-his
from NO nerveaess bow. The libel is of no Quib.
bling character; there Is seizing upon hints or
inusndos; 1t 10 plain and palpsble In allusion to
the dsendant that the Indictment had bsen found in
this county. Mr.. Mather said that the complainant
had selected theatre where he and the defendant
could not object this He had sent his paper here
and spread throughout this place. his false and most
ieui osiumny ana the law gives the plaintiff the
circulated. Let him defend himself then, without
muImurins, In the county where he haa com
why this county was selected Mr. Jordan was at the
time OF this publication the Attorney General this
first Attorney General uader our new constitution.
Els efcial character and conduct the property
OF the whole State they were assaulted and their Vim
dcson sht uld have references TO tho whole state It
was batter, therefore that the should be tried
here than In New York, where they both resi-
dents rhs complainant had selected border coun-
ty- no denseiy populated City-no spsrely inhabited
districts but this county accessible from all drec-
tions by the most speedy modes Of travel and which,
oheekered as is with villages and farming districts
presents fair perhsps fattering alton OF
the intelligent and vrtuous citizens OF the State The
learned counsel then read from the National Police Ga
z,ne, OF 20th October lss9 the libel Complained Of
which charges that Attorney General Jorosn and Dis
trct Attorney John McKson had been guilty Of a
eprrcy TO convict an innocent man, Charles II Car
penter and that for private fees the nsy Gene
raj bad prostituted the powers and influence OF his
ofce. Mr Mather concluded by Stating that the pro-
secu'.on would establish, that the defendant was at
that date the editor and proprietor OF the National o
lice GoEee and that It was circulated and sold In this
find either that Mr. Jordan had been guilty OF what
he charged with or that the deien liant has been
guilty o. publishing this libel against him
then called Counsel Tor the defendant said that not
expecting that this would be called at so late
an hour Mr Johnson bad lett town by the last train,
and ttss be would rslurn by III. arst traia In tho
morning They would, however, admit the article
and that the defendant was the editor aud proprietor
Of tia Police Gasee and also that the paper produced
was copy OF that paper, printed IN the Cay e New
extend the admission 10 the part propri torship OF
Wilkes back to the Spring Of 1871; and it would be
necessary for them also to admit that ne cole
proprietor and editor during aud since October lSs9
Counsel tor defendant also admitted tsese faets.
John q Iiitohcock was then called aud being sworn,
depesed reside In Poug about Jeas
favs seen this paper (the Police Gastif.) before;
bought 1t at Mr.. kenwoTthys Office, in Market street
in this village; bought u on OF about the time IL
bears date Octeher lsi9; Mr.. Ksngorthy is bsrbsr,
and keeps news office; ne sells the various paper.
OF the day, and sells them regularly; know this
paper by seeing my handwriting on IL.
Gross exsmined-T am constable OF this town for
eleven years, and was al tie time purchased tnis
paper
TO General Mather- have taken the Police Gaxsn,
ever sinos its hrst publication.
To counsel for defspdant-I don't know when pu.
my cn u; think Il was at the tms OF the tor.
mer trial took IL cut OF Gle OF papers which had,
snd \ Was requested by Mr.. Jordan 20 put my maze
The Court then adjourned TO O'Clock Tuesday
moinirg.
TuEsp.Y, March ia.
The court met at O'Clock There VA, no other
witness called on the part OF the prosecution,
Counsel i5r Wilkes then PROCEEDED TO open the
for the de'epee lie said the defendant was brought
here charge which Involves his personal liberty,
n
yeaigDtioD of fN the cifcumstanceB Tns paper OF
which the ctindant IL the proprietor aud editor was
~ its nsme impods cstablihed for the collection Of
that peculiar iniofnaioo aud s.ndDR IL through the
country. Covnn.l fer ths defence dasrst from tbs
Gentleman who opeDed the casp fer tie pro.seutson
the construction Of the article aud cot ud that
II !. no libel hey say IL 10 net only right but IL 10
en nportnt duty oi Gn cditos c the public prcss TO
con nent upon the proceedings In ccnrts OF Justice
whether th,y be The acis ot en attorney geosra q
iuosei - counsel tn eau'e a paper which would
valus able one; it cert ny ud b. valuableto
the Of juttice. The libel complained of in this
oste va, an artics cen men Ing ria IN the Oourt
~ oyer ard rmnef oi New York in the prs.esution
Of person Esmsd Ghsfles n. Carpsnter fhs editor
had risEt - comment upon tbs proceedings. Car
With the National Pocs Ga-,s u h. bal oeea, there
might hsve appeared son resscu Why Mr. Wilkes had
written this article but Carpenter a. poor psuniles
and almost II rsndlss In .ae srtcls The JaTy would
that Mr. MckooB. the Distrit Attorney is spoken
q in III. same terms, yet Mr M0h.oa has not
thought ~ nscestsry 20 take any proceeding, sgant
Attorney 81 New York a. Inu ucb a. ths Attorney Gene
~ q tbs state Bat the coun'el tT the dsfsne. say
that Mr. Jordan has been mistaken Ia his construction
Of the article. There !. mputstion bis oharac.
ter he "a spoken o 10 hi. official real but there s
where In tho article snythiug liAe charsins crimi.
mel ibtsDt ca his Fart geunstl tnen srfed 30 ths
Kidd Salvage Company Who, he said, stand convicted
on the Judicial record, o the state In the smphaic
iauRusR@ cf paper "A band o. ewinaltrsN ".
JufcaI has Tsputation too we'll sstshlhed, ard TOO
hCnetuy ,Rrr,d. to be stroysd by tb. sbuse the
pm of paper article; u Is utter nouEerss toeay
that BE ~ 20 be Injured by article In newspaper
upls's II charge, hina with crime; he has had sue.
cenl esrttr for over forty yeArs eod council had no
hte'tntion In saying that " Mr. J0r1Ru bal
net himfslt dNeovsred an imputation on his
character there II other person the community
sho could have seen IT, lie then conte AIDED that the
article did noi proceed from any malicious motives on
the rait of the defendant towards nr jordan ard
proceeded 10 state that there trial the last
occasion hen this before this Court The ae
Tenant did not appear aud thoug conviction was
had the Application fer this present tis vas grAntsi
The expenses oi Mr. Nkes. in coming here 80 often,
snd ct this distance from NeF York, ar almost
rui nous and tie Rots sho - the rprcptisty - hav
irg the rihl troughttothis county rhsrr an Ia.