The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-02-28

l wish to correct my snswer 70 one Of the direct
writer than self has had access to tbs ais
BY me, excepting those then excepted for the rsast
thus stated as to the persons and societies IN whose
sessions these materials were.
Other dispositions were read, and the case I.an6r
jouraed.
The Alleged Contempt or Court by the Tin
Newspaper.
MARINE COURT.
On The Bench, Hon. Judges Mccarthy and Pr .,lps
FEB. ala the Matter Of Xessrs. R0ynsoad, Harl
and Lee-hr Abbott represented Mr.. Harper,
Mr.. Rayn ond being called upon pursuant TO he ord
to show cause why 10 should not be punished for c,
18th inst, entitled marine Court--wha. Was
Bone There" Mr. Z. c. Benedict appeared tor him.
objected 30 any proceedings, On the grourd that
Raymond had never received copy Of :he accusst'
against him. by the provisions Of The statute he '
entitled to . copy
Judge NcCsrt6y-rha. is perfectly correct, and 4
the aecu satons within an bonr.
Mr.. Harper's case being then called, Mr.. Benz. N.
bott, who appeared Tor MIN, after stating ono q
should be heard before the full Bench.
Judge Mccarthy asked what had the fun bench to-
with itf
Mr.. ASbott-There IL some doubt how far your Hopt
decision is ieviewabe and as your Honor 10 the per
chiefly concerned against ua, thins il would bs dee
b. to Yourself to he supported BY your colleagues.
Sides If this Court has any jurisdiction contemy
1appehsnd that it Is vested in the Court and not
single Judge.
Judge MsCarthy-I entertain no doubt Of the iur:sd
tion OF this Court, and deny the motion TO have
case heard at general term.
Mr.. Abbott then read from the Revised statutss
show that the power to punish for crim,nsi conssI
was limited to the OF persons guilty of the publ
tion al false or grossly inaccurate report Of proee
ings OF the court. There were two questions: Ii
sIt,cle fall. report Of pr ,csed,nss' Second, i:
obnoxious article common ting upnn il, sentence by
tence, and commended taat Il vas not false report
That shows, said the counse, ms face that it 10
intf nded ~ report OF what was done theI
Haushtsr) Tho article said that Judge kcCAri|
absent from the performance Of his duty, bu in tho 4
Torrance of The truth a.. that rule Of court
gun ed OF the Justices attend in the other room
70. Your Honor said Last saturday that no such witn
as Jnstinsn Theodosa Mctnn .as called, as stated
the article ] suppose your Honor must have msi
that you did not hear the name called.
judge McfaIthy-I kpo. 1t a . matter Of fact.
Mr.. Abbott then read the following affidavit II
Francis Byrne -
City and County Of Neo Fork, o.-Frsn:s Px|
beng duly sworn, sayr, that be lawyer; Ina. he
10 attendance the Marine Court on or about the
Of February pht that he qnssed the cYef Of the
Court or one person nhom he supposed to b tbs or
TO call - witness Dionysiua McFnn tast sach psf
being 50 requested. DID vail said naps that Of . "
r. BYREF|
Sworn before ne, this cath Of February, lsss.-H.I
RICE Ctmmis sioner of Deeds
Mr.. Abbott contend.d at some length tost there
nethinc in the article which amounted 20 also rep
OF the Courts proceedings. As 10 tas second quest
whether Mr. Harper was guilty Of the publication,
counsel commended that he sas not. The proprietor
apspef may he responsible for what appears in IL,
without biz knowledge or consent, but no lie not Iui
OF any publication OF which has actual hp
that II 10 sbeut to be published.
The Judge remarked mat the Sepubica.isn OF
article, with editorial commrnts. was an sggravatios
the FIRST offence and only Tor thai he would have cor
cered Mr.. Harrtrs affidavit sufficient
Mr.. Abbott-hr Harper l. willing to meet his res,
'ibty for the conduct Of the 7is.es-both his gene
responsibility and his pecuuiary responsibility for
images, whenever they we're occasioned BY the TN
as well as responsibility, criminal and civil, Ter all
personal acts, OF acts Of Others authorised by him;
IN this case he not ia,le Ia support OF this
counsel cited several eases, and among otherA tina
Judge Peck, who Eas impesched for committing An
tor for contempt Illegally NJ Abbott cited the
towing
Bres.s, Justice ssid-An honest. independent aad in
ligspt court viii yin it, way public confidence spit
tbs and it. ditnty viii suss less By passing them
npnotecd than by arraiguin1 the perpetrators trying
the offended party.
He concluded by asserting the mi ustice tf condemn
proprciors OF newspapers az guilty O. pubScat
VIII ich found their way into the paper ~ithost N
knowledge.
Mr.. BENEDICT then eor,menced to address The Con,
Judge AcCareby-Do yoa appear for Mr. Payment
Mr. Benedict Mr.. Ia ymoad'- case rourt Q! nsces
depend very much he dec,soo Of Mr.. Harp,r's an
should Ike 10 10 1kc r5UO Irnare at this Time
Judge Hstattby asss ntsd
Mr. Benedict then proceeded 10 say that tris vas
attach the liberty Of the cizsa and lbs fret ql
ton 10 be disposed d shoald ne done legal grour
Hr. Harper Perfectly innocent nj this charge he
generally Mt his little desk att.gdng TO tn I'm
tic paper, and is he liable 70 the oonst quer
Of pub!l5hirg an article, which may be fine
thirty Gays Imprisonment Although the pr
than not state facts falsely, vet 1t must
bo contentod that mere Jose or an siIoit At wit
as The article complained Of, should DO punishable
u.rE
any ttng. or any effort 10 make the Court ridicuk
VII the Court then lay is haui upon the citizen and
u plblic press, for such paragraph rs THAR The
tute says that the only offence OF the Kind which
Court can tEea' suunmar,iy IL contempt within its
Can II, then b0 said that this citizen Is TO be
pr soned The Court hsA said t1at but for The rspu
cation Of the atilo, IL weud have deemed Mr.. Harp
thid1yit sufficient. Mr.. Benedict submitted that
were cited there 10 hnsser Tor the pm ocation OF the
ii,e OF tbe lbh OF February and no, for The repuo
,ion on the 18th He ". sure his Honor felt, ~ m
any one, tho painful position which he in-be
III. aecuser, the party offended, tie witness and
judge whilst Mr.. Harper bad 40 witnesses, and bad
no trial lie cobtsnted Mr. Harper not liable. II
WIS no trial, no conviction there was mere SUNNI
served on him TO show cause why he She
"s nv That 5.v. 'n' done ne CAM Nothing. '
case Was then put OIL for
and nov he comes again and asks, what have don
and LIE Is told that has waived all that by appea
last week. hr. Benedict concluded by say Ing =
protest agaipst the proceedings as being summary
contrary 70 the ststats We protest against thou
having had no trial. 10 hearing, no record-and We
test Against them entirely the case stands in
it, aspects, see nothing IN u, from beginning TO
which gives the court jurisdiction in the matter.
Jucge NcCarihy--l have Just received note from
counsel thr. Bustted) OF the other party, (Mr. II
rsyise that be - engaged al this moment aud asks
an Adjournment Of the case but he does net specif
what lime. am prepared 10 dispose Of thu matter
OF do the counsel Tor Mr.. Harper desire il 70 stand
arc he decided with the other csse9
Mr.. Benedict asserted and ASKED 70 be served vs
copy OF the accusation hruinst RAJ n1ond
The Judge said lie should have u by Monday morn
Mr.. Abbott-wbat as 10 the case Of Mr. Harperf
Jucge-1am prepared 20 act upen l. nov but %
with to pass upon IL by piece neal
The care vas then adjourned, no day being nance