The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-09-17

it were offered in evidence the talit would be re-
jected offered. next it Is alleged that plaintiff
Robinson guilty at time and innocent at
another What does that prove except the Huctuation
Of public opinion9 There the same auctuatou Of
opinion in regard the guilt or innocence Of Webster Is
The next the article ofA NJ Noah The same remark
with which have disposed Of Wikos letter applies to
this.
Next comes the anonymous pamphlet Surely not even
the defendants counsel will venture to cay that could be
would rather have avoided but cannot do in justice
to gentleman who is unjusty Indignantly and wickedy
Mr. in ., ne
to your Honor high magistrate administering Justice
in this cause whether It is proper-whether Is just
whether 1t is professionalism counsel to put upon
the records Of the Court such charge as this, in
such controversy upon the miserable pretence that
Why sir in the first place. it does not at all to make
out tho allegation in the libel that Mr.. Bennett
sisted not only by some Of the most respectable members
is pretcnce that Mr.. Gabraith had anything 10
do with practice at the Tombs The pretence is that he
made an affidavit in another matter which affidavit il al
legged to be false Mr.. Gabraith is justly indignant at
this charge because he has opportunity and have
in this suit, to prove the charge malignant and
false. And submit you that not only should this
portion of the be stricken out but 1t should be
stricken with evidence such disapprobation the
Court must feel in respect to this attempt prostitute
its records Mr.. Gabraith is not party here. He is
stranger to this except he happens to be profession
are professionally engagedp Is not only the eli
en the to be at the mercy of these libel
| n u
sance Of counsel is he to obtain it only ut the risk
of being insulted and calumniatedf
Again The comments of the plaintiff the decision Of
Of the Court in the Of Fry Bennett inserted
in this at length from the HERALD. These COM
ment all respectfully and whatever objection the de-
endant may have to them, they have relevancy
to the defence Of this libel Lastly sir, wish you to
strike out that part wherein the defendant reiteraes
his motives for publishing this libel. It isa pure
iteration Of the libel itself One such statement is
enough The defendant could not get justice from the
courts and therefore took the law into his hands,
to try he could not outmatch his adversary in bels
1t is attempt to set of alleged libel by another
while the party endeavorng to get reparaon from the
Court for the first.
Tested the rules have given these parts Of their
answer which have pointed out plainly irrelevant
and should be striker from the records Of the Court.
And in closing, allow to say In reference to the
ton by defendants counsel yesterday-that If these be
stricken out they shall be allowed to amend the
that the defendant ought not to be allowed to amend He
has chosen deliberately after long preparation to put
this answer your files He should be made to abide
by it, insist that it is offensive is in violation Of the
rules Of pleading and that he must abide by what remains
Of it after e offensive parts expunged. You will
collect that the Court has full power to the terms
which irrelevant matter is TO be stricken out. What
these terms shall be- how they shall affect the party and
this suit is matter which have nothing more to
say is for you to vindcae the respect due to your
Court and the administration Of justice and to preserve
your records from prostitution to unworthy purposes.