The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-03-20
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| Prosecution Of George wilkes for L,be,.
fouankEfrsiE cocRT OF OYER AND rEaMisxa
Before the Hon Judge 00cu and Associate Ju,tioas
Grant and Esl.
TUESDAY, EVENING" March Is 1851
Counsel for the defendant commenced by saying he
would slsdy have left the summing Up OF this cause
which he designSted the fsg OF the variety Of
prosecutions which had been to- Is his
sts who had opened the for the defsnss but -
1t had originated in New York and as be hsd been
concerned In the defencs Of the sssn,t 0srpsn
ter, his associate counsel had insisted thst it shoud
devoive ON him to address them the evidence Out
Of all the Dcmsrous prosecutions to which Mr.. Car
penter had h~sn subjected not them sucoeeded
sfainst him Ee had come out Of the fsry ordsaT
Without . smrA upon his garments or hair Of Lir
heae being sinsed and the Efforts sre dirscted
towsrss Mr. Wnkss He wo.id not dwell upon the
circumstances OF TINS being brought Sere for
TRIAL tast hsd already been sudicsntiy alluded ts
The dsf,ace vas g'.ncip:y oc euped BY the resdinx
OF evidence and thsy had been placed ct d:ssd van
tsge BY not having those witnes,es personally on the
stand; b15they vou;a dnd that there vss nothsngis
over again II there ne any idea In this &C nifty
.sst Mr. Jortsn was not known in N, Yofh
hing Counsel as not ssiSa S.Ii.n a'
jos.d the oes q Atscrr.y Genera Of this n state
she ud drag the attendant here with the records OF
n
ting ar cbsrsster He did nos believe fs the r.psrs
ID Nsv Ytrk, ha3 made IN ust sttacls on Mr. Jof
he .eeps 20 have e,sertained the idea .hst the peo
pie OF atshsss county think his chsrs,ter Las been
usjust!3 sspsrsed and that therefore b. is entitled
not beersbown that my one hsmsu being in putcn-
oounss or indeed IN any o:her part Of the stste
OF New ork has read the article, or readsne IT. IN
der.tood it 70 be libJ Mr.. Jordan. 1t was said
Nj ,ns a. u sSssHs the o7:; for the
NJ Wilkes does not clstrn to bs extraordinary
man; but hcis a hr,-rran citizen. equally entf.
He no doobt sgrstted tint as an editor Of The pGSs
press he had ever into collision with Mr. Jor.
dan. IL could 10 him NO Good; but 4 he could have
supposed tnat this article vcuid havs subectsd him
20 this trouble and expense he would have writ
ten it, not but he was fearless but shat he would
have cents before Is would have sncountersA
Mr Jordan sac his legal trends who havs brought
him away from III, home his sriends Being herc.
u any iistDctioa IL to be mase they srppose that il
will be made In his faveri and IL that respect and
every where else they wer. mistaken iudsed Ii any
influences ars TO be brought asanst the defendant,
eoup, IN Eat tss ;ury would bs ths s,.t
pors their protectica Mr. Jordan has been the At
terssy General Of this State, elected BY III. people
and nas Deen IS pubic . officer Of the law
As NJ. Wilkes has BEEN as editor OF a wspsper
But MT wilkes can claim no sympathy arising out of
faithful WARDEN tho watchtower, ard has cautioned
the community Of dsrger and that he has brokenup
hss brought offenders justice ana has stopped to no
nwcrthy mems to accomplish that Asregsrds These
n
BY means inferior to that OF the prosecutor. Mr.
JorcsD in.st- that MIR Wilkes should be convicted as
or either In tho discretion OF the Court lUounsei
ne read tbs Indictment II the defendant has pub
thep ne i entitled to be convicted but If IL turns
out that be did not or that he did, suficisnt
viii Be- snitlsd to an aoSuittal a. the hands Of th.
Jury IN provision OF the constitution. the Judge
usg. 81 the Law wen =. II ts. Ss'Ss ~ Ss Ta .s
granted ate. our successful struggle for todspeu.
hen read the article OF the cos.ttution the prv
lege Of writings and the freedom OF speech and con.
~ 4 the old Snesh laws We hsS. t.ssn 'rs ssrs mat
no Legislature shall interfere with tha. saored right
We have taken care that there shall be sedItion
lsv, sna thsr whetheri man be Attorney General
q not there shall be a free exercise OF en- opin.
iop and n order that this right of freedom Of
joye1. L is reoprd.d in the contribution 1t was
,s- the Jury 20 say whether the defendant had pub
Dahle 10 u. criminal law lie utterly dsriad THAI
thsr any proof OF publication which makes the de-
Eotlo, a Polc. Gassie; IL has been proved that Mr.
Il chcock bought copy Of that pspsr In Pousakssp-
sic from Mr. Nenworthy, who keeps a bar5srs SHOP.
and sss newsrspers hut he would like the gsntlemea
oa be other eide TO shcw that Mr. Kenwortky was
tborissd to Ell the National Police Gasefs
mr Msth.r-Did NOT counse, admit that shi. paper
Eas copy q the Polc Gcsst aud that ths defendant
= as the proprietor.
Counsel for defence said that they admitted that
nd would take bs,k rsthDs that they had admitted
~. IKE wonli = nae oseh msole iof any nSsi ths.
ae would ask did the Jury a cs,e IN which
.5eTs were 40 man. Jsptious cavngs ~ In thIs case
almost every piece cs testimony offered for the defence
wae chteetta 70 BY ths prosecution 1t lie (counseD
-rwid show r. jury that there has bssu no pnbes-
ton proved H. Butchess county then the defendant Is
sntftst initial lie said it extraordinary
that Mr. Jordan DO not put himself on The stand
vitnesa and give them the benefit % b.. testimony
prove the fRsehood OF the allegations contained IN
this article Gounsel depicted 70 the Jury the chsrA
lsr of Andrcs the pardcped feon n most witherinx
t.rns ne rslssrvd to Roscoe. 66S whore Ii fs laid
that IL Nbsl is published by agent, II must
n He thsaalladod to the verdicts obtained by Car
peuttr sgent Ereelsnd shslden and Others aad said
that they Apsv enough 20 be convinced that
they scad not render such henry verdots except In
ceseg 81 ~ eipery persecution aud IL did appear
- him that the prosecution Of Carpenter perstsd In
bY the KIDD salvage Company, wa. with the very de-
Of ling rid of tbeee heavy vtrdots against them
Counssl then proceeded to read and comment upon
the iette5 ~ Mr. jordan to Governor Young bat had
o' corolrt his address at the rising or the court at
- O'Clock Adjourned TO . O'Clock next morning
WrnSrsoaY MonNfNo March 10 1881
ccu~ss for the defence sesumed bis address 10 the
Jut Hs continued 20 comment upon the letter Of
Mr Jordan - the Cover which forth the cir
cumsts3css under which Aniross was convicted, aud
vacA fsie t5at bis opinion, as 10 the propriety Of
psTfsniur him right be ascertained from the facts he
bad nent.cued Counsel having reviewed the Lsstery
Of ~ ease at srtst length. concluded his address
vi az appeal upon behalf hts client, In which Ia
e1pre.'sd hope that the jury wFuld not discover,
iron 81 The facts and creu N. ances OF the that
tn lsisrdsn' was Tn appropriate object for nina
fs1s7rutiou.