The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-10-09

,sss ws.A -. ~ srss's y ussus-s ssAsasA ,asa
n Rssorasr-n ~ ssusls were srus wsala nos ~
fs0 .ss nsslous me jary would az in suoS pro.
wosid az that 10 patty oosld not s. Sssd -
NJ wnitDg.Bes how oaa the mAgiar.ss sss o. me
Ss Rso %ses 4 ni.andsrsndux be, res.
NJ. whiuag-rhs nsunAsruaandlng arises on the part
OF The Court Say that the article u "nbelous," and
| your Honor calls II 90 libel"
The Rsoorder- unders.apd counsel 10 admit for the
purposes or tae aygumeut that the article which tho
subjecs matter OF this complaint II bellous That fact
being conceded, then mater what The hearing was DO
Tsp s mi 70 Ss court then ask What ssssns would re-
sun HON further ex Animation before pagistrAsst
| tween IN admittedly nbslIous astloIs and nDeS
me Rocorder-No difference.
Mr. whidpg-Asy mot an article DO apparently hoelous
on in faoe, and Jet may u Eot DO truef
The REQ rdsr-Yes
Nr, whting-wsll, VIA. is Il thsn-a true roslf
The Rscorder-Eosa libel a AL
Mr. Whiiins-rhen the article ID mot nbeuous II truss
Tho Rsoorder-nis mot nbsllous II rus, and paDnshea
M whi,inE-TAas is justification OF libel
The Recorde-Yc, Then Il d no libel q III. man
Mr. whing-rheu DO mol understand my concession
or the conclusion your Honor draws from it
The R:Ssorder,A libel !: ~. .s,ssnsps shon may ,:
published With good motive and for justidsoe ends.
fAAe, MS oellou, Blu. the truth. puoshed for 90 d
motive end asunAbe ends-no stier what the party
be cha ged wish--is not lioellous
Mr. whting-Thcn . thing may DO libeIcus In itself and
may be true but yet, published with good mohves u
The Rscorder-rhas is not what stated
An a;c,s written against sno.nsr charging him Win an
action on or havs indictment The defendant % be
excused must como In and justify Vol, does moi ths
article appear s face to DO belous and does not
continue % until jassasd' Jus,ifyng does not make
and yet party may justify and provo It's truth thea
The Recorder-rhen II il no HbeI ss all
Mr. Whlnng-But article may be complained Of whi,h
q not hbsous IN IT. character and IL yetoh1Eed libel
oooseded On he other side that il que ton entirely
FOR Tho jury, and that the Court has nothing 70 do with L.
me revere o. shas mas oeen decided over ana oys sgsn
or mot Where an article IL complained o. ~ hoailous ap
pee TO be 90 on IL fscs, and tee defendant brought
before msgis ste he may either take the ground that
the matter not noeous he may undertake 10 jassy
or set up . variety Of defenoes 70 prevent hts sommi
am engaged, % me matter Of pere,t indifference,
long rquares with the Stern duties Of true honesty and
your Honor should come he Commission thai he Or.
der should not be vacated Mr. Bennett win have "A %
portuny Of e1sr dsng the pr ege wnioh the hv gves
him. Of exAminsg this complaint. II other ~ise shau
never inquire into the reasons which shall have produced
Mr.. David Field followed ON the same side Hs said
Ny learned friend who has proceeded me-who has fed,
for many years. The ofoe Of Nc. Attorney Of this city
prone Oours and whose eIpersnoe in criminal matters ~
dare s, greater than thss Of other living man THIS
$ s sna =.
should pernaps bess consult the interests o. client b.
adding nothing . what ne has 20 fuy and % ably o.
pounded But u thought thst NAV perhaps say some
lining shst would be ussfal in the dsousI and decision
Of tSis matter. Taas Il mater Of no ile ooaseqneocs
IDLE 70 deny In iissf soasieerod the complaint has
ready elected great deal Of feeling nush
seme1: have entered 40 IL is At .ais ; MO-
ment daresay the most Interesting political controversy
side red, II IT, say, Of TIE Importance preos-
dent Is Of very great importance u o. the Highest
sy re s ns q ~ s1
isto police ccs and nnd that the magistrate who hsued
tho varran. nc. pr sent sad wheasf, IN Lrsgulsry
important that the community should inoW whe pro
rsgsd or Observation-Disclosures they thought 10 sub
the ends Of Justice or cher vice. Therefore In that
70 9es %
the Court OF sessons the g. Of September, directing
NE clss return the . s 81 sowps. ~. sna fsSSs
by whom tacy ere taken, for the purpose OF sordng
Tie defendant hearing thereon before such Justice
.y resrec this motion, first hal ough. not TO
bear the motion; ana second, that you DO hear It, the
order right and the motion had boon made bof,re
yourself the order should have boon granted Tao
right the Judge had he power 10 make
osoause notice greater than that given oughs not 70 be
|
care judicial ofcer coud make other order In the
matter Justly and properly First ought yo1 70 heu tse
.e &c r 90, 20 inc y ao
JucsN arc 90 ordinate. (Laws OF 1850, CD 2oe.l "Al
judicial rose ve,ted BY lag ia the Recorder Of me city
Cf New York hereby conferred such CITY Judgs,
and said City Judge shall clnc1yenly with said Rsc,r
der perform and di,cnHGe all iaics duties imposed up
Ths Rscordsr-n no, necessary TO % in'o that pop,
Fu, hcre s pcn. which may shorten the a.guucat
do you c,m that, sitting hsre Court, have not tue
power 70 review or vscs an order toa, hes been msde
consider that the trder vas Improperly entered upon the
minutes OF the corrl
M Fed-I viii answer that question In the course Of
ny ayumert. say In the nrss place, yoi have no ap
The r. c5rder-rhs, ooncede.
Nr. Fied-You have no right 70 do anything no. ex-
cept vhai you could have done the order ~ Sde By
any hing which Judge Rurse could no, do Il he were
sung your place. In the next place. say thai, nsuu
ves .ns 9' mere You woaa BE- violation Of
judicial oomy for you 10 d, H. and that there 10 70 DO
rsyie. q bis acts tho only hius that jadic. comfy VI.
considered By 90 ordnss Judge deibera.ion, ami
mssd you nun nen z no .uss sson Of any nssuan
do wrong The application 70 correct the error, N
there ere, should have been made TO the CITY Judge
bmset Inc Interference Of ano her Judss voald be
violation Of id csl comfy and tend 10 disorder 10 The
seooreeI .ns y judge ave peculiarly hsrs
be any judges In the State who ought W respect each
others scs, they such lodges We have srcAdy hsd
too much OF that unsetmy spectacle, happily unknown
among until aey-oDe Judge countcraoIns striving
70 another; and may perhaps be permitted 10
add that theye has been 81 any time In this oo1rt,
between no Jodsss Of H. any aaempt 70 conn.orsc the
aciion--cpe OF lhe oherno man looks up,n II with m re
dbfavor than do--no man oensures II more; and can
on, say thai / believe that lhe Judge whom am a
cressing acb mAguanmty 10 rctanate upon hls
sohcr Judge nI o. s.ns q comfy a., 20
thai have arrived ai the time when every judicial
cosr ,houd eel bis face ains this Interference by
with another. ssy that Judicial order cannot be pro
served thai practice be continued Ether or two events
viii reaul-eliher The courts Win be reorGanzd aud the
lodges who win be subjected 70 censure tho ad
mlnurAuon OF justice viii fall into public contempt The
administration OF justice In me city OF New YORK. "
already almost In that condition. ln reputation ruf
fered last summer than can be repa -cd In years
and hope, nay believe, thsi this evil practice win moi
be ooun we'd 70 gain any fur her hsad from
any uansaclons In this coan therefore submit 70 you
with the utmost earnestnsss not merely counsel Tor the
defendant, bui ~ member u the profession hs dignity
responsibility and power Of which depend on the msnse
Of order In The courts, thai N be much
nxacx ~ I1dxn