The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-08-22

. man Of large fortune. Well, the first point
to bs considered 10 how TO escape the just
punishher. sss II: ...w, ana the indignation
an outraged community. b knoss iun wall that
puohe feeling - against aim, and 70 be- brought 70
'iiAi n any sssssnabls time would greatly hazard
NJ ease, and perchance deprive him of his liberty
for some few years TO come.
In the hrst place he procures several Of the most
able counsel in tho country. Having plenty q
money, he is enabled to fec them handsomely for
their services The more counsel engaged, toe, the
better Tor the defence, as the tricksry and humbug
Of lawyers playing into the hands Of each other
creates confusion and procures the laws delay %
necessary for tho defence.
The welipaid counsel then take the matter In
hand, and conduct it among themselves. The FIRST
point is to delay the whole affair for many months,
under plea Of . preliminary examination, ad-
jourDed from day to day, and week to week. On
enc day adjournment il asked for in consequences
Of the arrival Of important witness-at least,
SO it is represented by the defendants counsel At
the next meeting, one Of tho able counsel is indis
posed, and it would be impossible to proceed with
the examination without him. Another weeks
time is consumed. The next meeting some evidence
is taken, and then . further adjournment of two
| weeks asked for, ON account Of the leading coun-
sci for the defence having to attend the Court Of
| Appeals. The other counsel, too, also second the
application for adjournment, they have trials to
attend in other courts.
| To these appeals for postponeme emit, the counsel
'or the prosecution At first makes terrible commo
ion, jumps up, and, in short Buncombe speech on
he part Of the people, ultimately submits to the
interests Of the opposing counsel, and the matter
goes of for two weeks longer.
During this time, about one half Of the witnesses
become disguised at the delay, and either clear out
of the city do not attend not feeling disposed to
lose their time accommodate the interests of the
| defendants counsel
In this way, by the aid Of talented counsel, we
can readily see how the rich man receives the bene
fit of his wealth. His trial is put off from month
| to month, until the whole affair becomes an old
story; public excitement subsidies, and not one half
1 of the community recollect the circumstances at
tending the calamity, and the other half think they
possess indstinct recollection of disaster, but
it occurred SO long ago that it has almost slipped
their memory. Besides during this " laws delay"
the great probability is that some other appalling
catastrophe may occur whereby the public attention
would be diverted to the latter, and the former sink
| down almost into oblivion.
| 1t is in this manner that the man of fortune
always command an advantage over the poor man
we mean, of course, allowing both to be indicted
| for the like offence.
IMPORTANT TO ADVERTISING AGENrs.-A case has
been decided lately in the shers court at London,
| determining point Of some Importance to adver-
Using agents. and newspapers generally with respect
to the responsibility Of the advertiser to such agent
personally and to the liability of the latter to
for and recover, in his own name, the amount due
for advertising. This disputed point, and had
grown to be matter Of consequence, owing to
the great increase latterly Of English advertise
nents in the papers of this city, but especially
| in the New York HERALD. Annexed is report Of
| the case:-
| sHERIFFs' COURT
| LONDON, Thursday, August 5th
| Before Mr. VIM Burchell.
DE BERrARpy VS.. OBSERVATION-DISCLOSURES QUESTION
| ADVERTISING.
The plaintiff in this action foreign advertising agent
and the defendant the proprietor OF the Queens Head
The action brought to CT lis for advertise
| ments inserted in the Nrw YonK Herald.
The plaintiffs brother called and proved that he
had solicited orders from the defendant for advertisements
be inserted in agnans Messenger and the New YoRK
HERALD and received written instructions from the de-
encant authorizing him to do The money was to have
| paid in advance but defendant made various
and at The expiration Of twelve months for which
the advertisements we've ordered as defendant did not
pay, il became necessary bring the present action
question to the liability Of the defendant to
plaintiff and il contended that he agent
and could not maintain the action in his right.
Aesrs GagnaDi had brought their action and
verdict and the proprietor of the Nav YoRK HERALD
The witness said that as regarded Messrs Galignan
the plaintiff was merely commission agent but he was
personally responb the NEW YoRK HERALD best les
which there had been written guarantee by defendant
| topay the amount The document was called for, but
The learned counsel for plaintiff said that plaintiffs
wife had obtained possession Of the paper and retained it,
hIfrtY,I md, ntaA
lament passed last session they had obtained copy
| which was then submitted to the jury.
The learned under sheriff held that the defendant had
bound himself by The contract topay painiu advance
and immsteIial therefore whether the advertise
ments inserted not If not. then the defendant
might be able maintain action breach contract
but had been to that they had been
published in the New York paper
The jury returned verdict Tor the amount claimed
Daily Netps
The opening of the Crystal Palace in London
brought us great number of European ADVERTISE
ments the constant steam communication between
the countries, and the facilities for travel it has
opened up, add to the demand upon our advertising
space from parties in England wanting to find the
whereabouts Of friends, and for lawyers wanting
heirs to estates; and now we have advertisements
from the different steam lines trading between Eng
land and Australia. Every mall in fact, brings us
several for pubcation-sot that the ability Of agents
to sue and recover in their own names, for debts
contrasted was an important question. In the case
alluded to, the defendant had ordered advertise
ments in the HERALD amounting to $3S, which he
refused to pay the agent in London, the ground
that he was not entitled to sue in his own name.
The judge, however, decided the contrary and SO
the question is now set at rest, and advertising
agents may pursue their business without risk
Police Intelligence.
of
Rnaray.-Notbing further Of consequence transpircd
yesterday in the matter Of the Prussan treasury
The two men Dr. Theodore Pietman and Antoine Gawac-
], arrested Friday afternoon by officers Reed and
Rodford two Of the Chiefs special aids confined in