The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-12-12
United States Court.
Before Hon. JudRe Retrs

NOVEL AND EXCITING SCENE IN COURT.
Dc 9-dcfion for Libsl-John Beardsley (of Ohs) rs.
Les Tappdn ie Neo York; This suit has occupisd the
court since the 22d ult 1t was brought against Mr.
rsppan 70. having libesa the plaintiff merchant DO
which Mr.. Tsppen was the proprietor.
Benjamin Douglass being this day called deposed that
he had principal charge and attended to the
O. In is4s had Lewis r.ppsn any agent or correspsn-
dent in the town Of Norwalk, county Of Huron and
State Of Ohio9
The witness declined to answer
The Court denied the witness the privilege to de-
The question repeated asd the witness declined
The Judge in admonishiDg the witness, said that be
as citizen obede to the law the law required
him to answer, and be ought to doso.
NJ Douglass Who was evidently PREPARED for the
question, replied is with deep regret sir, that feel
driven by 81 imperous necessity to refuse obe
depce to the order Of this court Ny respect for you
personally aside from that due your Office makes this
occasion extremely painful entertain the greatest
respect and veneraton for the laws of my country and
her courts Of justice but have matursy dslibersted
On this question: and feel bound to to the concu
SON to decline answer When 1 fret went into the
employment Of Mr. Lewis Tappan, as his consdentisl
possible to disclose the names Of his
agents or Of any Of them, but to keep them in
violabe secret within my breast. have done So
thought that Mr. Tsppan had legitimate right to de-
mand that pledge and that was proper for to give
It. did not see on my giving that pledge, that it could
thought Mr. Tappan's business useful one believe
1t greatly promotive Of good morals and of Q sound
healthy state q trade But, sir, am now Of the
many Of bis former agents are my agents, and ana
now bound to them Mr. Tsppan then was,
and these agents are numerous all the country
! feel myself held BY solemn obligation,
to there SCENTS and it is in order to save myself from
the disgrace and infamy which believe would follow
me in answering this question, that have resolutely
determined though very respectfully TO the court that
will decline answer, and / assure you had this
court the power to deprive Of my life and should
y,lA - fa.~No -
preserve intact my sacred honor. For these reasons
Judge Belts feel that fully justified before my
fellow citizens and hope before this court In declining
TO answer this question If your honor s psrsists in
your determination to compel NE to answer, al
though would be very unpleasant TO be deprived ofmy
liberty, and separated from my family, still there is
no and have resolved to face the
ces.
Mr. Cutting behalf Of the plaintiff asked the eour.
10 order that the witness stand committed, and mas
much ~ that he might be discharged ct the termina
ton Of the sitting ofthe court Counsel submitted that
there should be tine imposed on him and that suOh
erde, be entered on the minutes OF the court ques-
ton has been put TO the witness which his homer the
Judge holds 10 be legal and he, Mr. Cutting submitted
that there should be provision made With regard 70
the expenses which bis refusal may entail on the plain
if. He moved that the witness be committed 10 the
eufcdy OF the harshal until be answers the question
The Judge fAid-I suppose i. lie quite competent for
ne Court to accompany the eommittsl with the impoe
tberantf he could have his civil process against the
witness
~ Ihs esmInitnent was then made on. BY Mr.. Nelson,
Tie Judge fsd-I enter the usual order that the vii.
nfss re committed TO the custody Of the Marshal
kep; close confinement until the further orders Of
Mr. Cutting Inquired what order bic Honcr made rec
pecfpg the tine and expenses?
Judge-You can have your action.
MI Ouftng-l know We can have our action for $3.50;
but would cost more than that to prosecute it, aud
the party viii be discharged 1t the termination CT the
The Jrdse-I BY 20 mean. follows tia. the court wiz