The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-05-28
The Assault upon ONE of the Editors OF the
sunday Courier.
COURT OF SPECIAL SESSIONS.
Before Recorder Smith.


Before Recorder Smith.
Yesterday was set down for sentence to be nassed
at the Special Sessions upon VIM. S. ster and Chas.
Walters upon their plea Of guilty to assault some
time since upon Joseph L. Smith, one of the editors
of the Sunday Courier. AT the previous hearings
in this case there had always been in attend
ance a retinue of flibusters, friends Of the par.
ties who had implicated themselves in this
unfortunate editor cowhiding affair. In the
present instance there was no such manifestation.
The counsel alone were present. The usual cases
occupying this court were disposed of with no fur
Their manifestation saving the presence of the coun-
sci. The names of VIM. Lyster and ChaS Walters
were then called, but they did not answer to their
names. The Recorder thereupon declared their
recognizances forfeited, and directed the clerk to
adjourn the court.
Mr.. I. B. Van Buren,, one of the counsel of the
Incorporating gentlemen, desired the Court to hear
him moment before adjournment, when perhaps it
might change its view as to ordering forfeiture Of
BAIL He proceeded to say that he was the last indi-
vidual to say anythng for those who should commit
an inexcusable offence; but as in this instance,
where grave offence was charged, judgment was
suspended when the parties about to leave the
country, he did not see why the same course could
not now be pursued
Recorder-That can be answered but when they
are lefore me.
Mr.. Van Buren-The reason of their absence is
Phillips, my associate counsel.
The following letter was handed to the Recor
per-
PATERSON, n. j., Monday MAY %, 1856.
TEAR JUpGE-WaeIs aud came here this morning to
see friend Of mine upon business. Charley has
been taken sick that afraid snail be back
in time for the Court tomorrowif please attens to
our business. We thal be back IS Eoon possible.
Yours, w. s. LYSrER.
Mr.. Van Buren, resuming further urged suspension
of judgment, as the parties intended Immediately
leaving the country, and particularly the assault
ing parties were gentlemen, in c0ntradistnction to
loafer and disordery characters in whose case this
course was often pursued.
Recorder-An assault by loafer might not
be noticed when similar assault from gentleman
would be matter of great seriousness.
Mr.. Van Buren-AllI will ask is that these par
ties be permitted to Withdraw their pleas Of guilty
and go before jury at the General Sessions?
Recorder-The case has gone too far for this
have read the afidavts; l would like to suspend
judgment, did the circumstances warrant it, but
in this case infection of punishment is called
for public example. | consider this case
as requiring prompt action, and unless prompt &C.
ton was given, the Court would justly be liable to
Censure.
Ex-Judge Phillips followed in some remarks,
stating that public officers and others had offered
him voluntary adavits, setting forth new facts in
the case, making it proper case for jury to pass
upon.
The Recorder reiterated his statement that it
too late for this now, and adjourned the court
Alexander c. Lawrence, ESQ.,, was the bail
$500 each) for Lyster and Walters.