The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-03-21
PROSECUTION OF GEO. WILKES FOR LIBEL.


P0CGHKKEpHE COURT OF OYER AND TERMiNER.
WEDNESDAY,, March, 10, 1851.
Before the Hon Judge Darculo snd Assiss Mt Justice
Grant and Hall.
At the conclusion Of the address Of counsel for tn
dsfsnce General hsthsr, behalf of the prosecution
rose and expressed his gratitude to the jury for the s
tenton with which they sd listened to the argument
the other side because 1t was proof that to him
too. would be yielded their attention After some pre-
lminsry observations, no said If from this case and
rom the rpeeoh Of the learned gentleman who had
just concluded he WAS permitted to extract Andross
and TrusF Young what would be left of this case and
that speech and extraordinary 1t may appear the
complainant 10 not Mr.. Young or . Mr Andross but
Ambrose Jordan Suppose the couuse had not been
pe1nea TO 70 say thirty or forty times during his
and " the infomous Young reoking ruoist from tn |,
dungeons OF the State prison how could he have at
of the defendant Mr.. Mather then referred to the
prosecutions Of H. Carpenter which had been desis
CompaDy~s conspirsoy In xhioh MT I Hsnry shsIdosS
most respectable merchant OF New York is said to
,ur navs ,1ipsd; co.. conspiracy against Carpenter
den was not alone. Mr.. Freelsnd WAS with him;
and Jet Mr. Freelsnd not alone the District Atsor
tors but not alone the District Attorney but the At
torney &c iers said to have lent his aid tor the pur
pose OF crushing Charles II Carpenter; he alone
the Governor this tate Is charged yet he alone
the Governor OF the State OF s Also said
to have joined In this conspiracy them ons-the
grand jury Of tho State Of New York behind none
others In intelligence charged with joining the 20
vernors, merchants, Distrct Attorney and Attorney
General IN the prosecution OF Charles II Carpenter
conspiracy He asked the jury put this question to
themselves did they believe such conspiracy Two
Attorney one Attorney General confederated for the
purpose Of crushing Charles II. Carpenter He would
that Of an n. s
~ss the Last man TO dream that there Mr. NJ.
then condemned the attack that had been made upon
William Andross, BY counsel for the detenoe, and
stated that though he had been convicted of crime
he ~ss new, by honest industry, earning velih ood
for his wife and family and eevsting himself co DO
sition which 1t would BE- well for soms to enjoy even
though they had never committed q felony In refe-
renee to tho plants Of the other SIDE because the
trial, be would ask why Is 1t that they were
continually dinnpg 1t in the Of the juryf Was
They (the prosscuiion) not afraid Of IT. They
came there two strangers to settle u dispute bstwse
two strangers who were strangers to Them
He (Mr. Matherl there for the first time In his
life. The defendant has local counsel. He is called
local counsel because the others he supposed were
travelling counsel Naughter) lie (Mr. M was left
there alone with tho because the District
Attorney OF the county bad been called away by
busnsss but no looked aressy to tho result OF this
cause and he felt assured that It would be tried with
out prejudice. There evidence before this jury
that there Was such company as the Kidd Salvage
Company. suppose there 10 that has nothing to do
with the trial tor libel M Jordan Counsel tells
them that man, whs has risen TO the dignity Of At
ton ney General, should have brought aston for
libel There Is little difference OF opinion about that
II Mr.. Wilkes is permitted to publish such article
recoect that there are 5000 papers In thi, country
ehouid publish article against the jury stating that
Tor private bribs, they had engaged In piracy
dishonornbe to their anhood and false to tneir 10y
atty 10 their own feelings, and then that IL pub
l-hed In tbs 5000 other papers Of tbs country did
they believe that they should not .eek redress co
where they would they would be torestsed by the
lumny sgainst them. And do they thin they soad sit
down and endure all this This counsel who addressed
permanent rrovefba! ior pstiencs sni long suffering
usughter)bGr nr JORDAN war Dor n Ia this land, and
msy not endure nj and Mr.. Wilkes nor no other man
has right to wound and lscerats his feelings without
his having the privilege OF appealing to the Ia f his
country for redress 1t Is not necessary that pro-
ttoution should have produced any witness prove
that this libel on Ambrose l.. Jordan The nsxt
roins urged Is, that Mr.. Wilkes Is stranger aui
entitled TO the protection OF the jury undou otedy ns
Is and 10 the protection OF the counsel for the prose
cution; and ne would ssy this II Mr.. wilkes /. not
guilty he lie entitled 10 scqsittl but the jury
net say 30 without violating their oatbs and they
w-re not bouod to render Themselves crimiasl in
order to reeass the defendant from the conssq
Of his own crime. lie lhr Mathe was ia favor .; the
frs edom al the presethe freedom OF the press Is the
right to publish the truth and nothing but the truth
What OF freedom f the pre,s would bs 10 auhor
ire q man to write le-to violate 6ods dscslogus
IL is not the liberty 70 speak he II Mr. Wilkes
written ID. truth. he (Mr. Msther) desired that he
shoud go home from that court with the certificate OF
the clerk of his scQuts from the charge Bat T.
reeesssry for him TO have written hs did. He
might bsys said hat the District Attorney aud the
OF Charles III Carpeatgr who had been oouvicsei OF
crimes IL he bsa stopped thsre that would hav,
the truth Did be stop there No he charged vii
lsny the pro5ttution Of oe and the ptance of
private fee a- reason for those crimes In the pro-
seentons spoken Of in this article tho presguson Of
sending the charges before the grsad jury was sb-
served but what does MIR wilkes do in p,eerrng his
charges of crime sgant mr. Jordan 7 uas h, any
grand jury 70 ,ubnit hts writings to before he hnda
bill : NO. MIR Wlk"s, without grand jury, emoo-
dice an indictment against man aud ecatters 10
the whole world and then comes into court and tells
the jary be had no motive and askn them to be little
kiDd 60 him II be has hi little too hard lie has
Iepred an article which poisoned the mind OF the
coEmusity snd rsBsled In the breast OF an honest
man Counsel for the defence rsys Mr.. Wilkes Ia so
gsasd In crusade against burglars and thisyes IL
may be admitted that n has routed gangs of thsm;
bot that IL protection for him when he Is brought
Into court tor ha flag WI tsy as.ail,d houst
BeCauts ne has Efnta crLinaI t0 jail that IL no res
son why he should jurs al aeright fellow ctir q.
NO one prrtends to doubt the existence Of the e0nal
tuition a. read by the counsel for the oefen hut The
jury are admitted to be the judges of the law sad
the iacti they are to ind the Law from counsel
aud from the court, and the fats will b. given
them ty the evidence. IL H. not that because
tLt constitution make them ju6ge. of Law ths. they
are lawyers o. are to say what the Law Is. That they
are 20 find out from their beet possible resources aud
uen they are 60 decide upon IL. They would Ind tue
Law 70 be that II Is no matter whsther Mr. Wilkes
creustcs the paper himrelL or that II ts circulated
through another. lf counsel neEn thai the proseou
tion should prove that Wilkes soil tse paper
to kenworthy, such is not the Law Me-. Mither,
In reference to the allusion mede to toe prose-
outics net putting Mr. jordan the stand az
NlhtF ftlu ne could not haYe proved the plOu.
cation, What could he have proved, BIT when h.
(Nr N, told the jury that a subpoena longer than
tie pardon grantee by Governor Young 20 Andtoss,
daughter had been served upon Ambrose l. Jordan
BY the defendant and that he there In court and
Ut they did net call him what would the jury think
.hen they tell them that they the counsel for the d..
f,nce) were sstosished that he was not examined
Why did they not call hin The jury would perhsps
be al.o surprised when he told them that be (r Ma
ttrrl had likswi bee7 served with a ssbp@na 20
bring With him all the papers, pardons, aud
appurtenancss tbsreunto balonsiny,n aud Jet Aey
express their surprise why Mr.. Jordan did not
call on Mr.. Matber. and Mr.. Msther did not
call on Mr. Jordan noa, though bcth we're
ready 20 be called aud willing 10 be examisei
by the defence, they Old not chose to put them on
the stand. They oomplain that John Young aad
Amhroee l. yordss are wicked, aud keep them Ia
the dark. Why, b. prosecution we're inclined
TO keep them In tho dark whore would they nave
got the copies of all the papers which they pro.
dueed Vet, they tell US they are Kept In ths
darn No. The prosecution came there fer light /;
they want no darkness but they do not want the n
TO introduce matter that has no references N the
cause. Nr. ssther proceeded 10 read the libel sni
tsd that the construction put upon u by the coun.
~ a.