The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-10-08
The Sichlss Libel Suit agsinst the Herald.
COURT OF eBsGIONs-GEN1RAL raRN.
Bsfhro Recorder smith.

the sieAies Libel suit against ths Herald.
COURT OF sBssIoNs-GNlRAL raRN.
Bsfnre Recorder smith.
Oc7. T-MY. Jas Whiting argued against The motion
70 vaoaae the order made BY the City Judge 10 sead back
The papers this 10 hs magistrate who Issued the
warrant that the defendant might be restored 70 Ne right
Of .. prsfmina y examination. In support Of shis argu
mens he read The following aaldavits -
Cfy 0sd OAnty Of NeW Fork, a-James Gordon Ben-
re Of said CITY, she defendant Named and James
say saa each lor hin .sr .sMs thu, .S"y IL comp nv
with sel snn Gab si,h Esq tho counsel Of desoc eni,
James Gordon 6epne attended .. the lics Court, Jef
sse sac Benjamin Galbrah, then aud here ths pre-
and hearing Of these deponenV demanded Of jus
police c,urt hearing for the defendant 10 tho matter Of
the above mentioned csmp Aat 70 whiod demand the said
Justice FaDdreau Piled that the said complaint
Justice Dawson and thst the said Justice DAWSON
either gene gong 70 the csanir and mot then pre-
sent cour and he said Justice Fandreau added that he
bad doubt bu that the return OF The said Justice
DAvkon he vou gent the hearing de nAade thai the
said per amn Gabrsiih tnon remarked that he ondsr
Ie,urn to town n tbesad Justice Dssisoo the sefeod mt
would give bail; that recoenizAuOe was pre- ared and
ether dnnsF s prep. son .r ArsrTsrd. are but before
suseested 10 the said Jesoe Fandresu the addition
Rrdon OF clause 10 the effect hat the resoxnzsnoe
given vithoc prejudice 10 the rig Of the defendant t.
hearing and the said Jusnce Fsndreau rsfuscd have
such olAufe added inserted In the I'D reoogn
on Ss ground that gas snns cssss,y - a mo risns: o.
Jsres Gore on Bennett for himself, says that he he's al
ssys, since he was informed Of tho making o.
the sait complaint, and qaite Indifferent
10 ~hat Justice IL was before and he was equally
:. , .ilrg . 70 proceed with Or upon .noh hesrns
but tepon BIS Understood that the said Jusce andreau
II nt 10 take the matter out Of the bands OF the
raid Justice psviscn and further thai b.. this deponent
entered into such eoosnieance In the belief and
voc that he everheless 10 have he airing said
comp amt that he rot Id have eutered said
gnsAnce except that ne understood from the Language
and demeanor Of The raid Justice Fand,esu that bis right
10 he1ipg should be md wss reserved to him. Aad
this cepcnent further rays that he denies that the said
hearing or preliminary examination demanded his
half dfmsnded In bad fsih, for the purpose Of de
,.d se.,inr -. ee IN ,ooS & ana N so
de belief Of being able TO fully jus y the alleged hbel,
,hst he espcnen, believes that on such hearias or
vii be able TO justify said alleged be and that he IL
dy to proceed 81 onoe and without any oelay with sach
he1rg before any justice ready and ha.iay authority to
pyoceee herewith or thereon; and this cepcnen further
sah ,ha he has fully and fairly ltaed the facts OF the
matter VI the said complaint, and what he OK oects 70
sol IN the matter Of said complaint and no h advised By
bic raid counsel after such statement no has good
and valid defence 70 tae said complaint on the mer.
JAMES a. BENNErE
JAst5 9AUNr
Sworn TO before this "a day Of Ootober, 1867. wx
DIZZY, Commissioner OF Desds.
mi',ed the following points,
rrst-rhe Recorder s no< an appellate Judge /, whom
appeal can be taken from the City Judge rhat~o
judges 90 or dinste Qaws or 1850, ch 10o "A ia
dc A vesed by aw In tho Rssovder OF tho CITY Of
New York, are hereby coufrrcd upon such Ctv Judge,
and said City Judge shall, o,Doueusy with said Reoordev,
perform and discharge all judcai duties imposed upon
said Recorder"
sec0pd-This motion then being considered - an AZ
temp, 70 induce one JCcge 70 undo what ordioa,e
Judge has dane delberAuon motion ought
be rtad N n order OF the Civ
Jooge wrong The Application In the errav II
there were should been made i,tnc ly Jaoge
himself The Interference OF another Judge would be
violation Of Judicial comfy, and tend v disorder 10 the
standardization of justice rns official Yelau ,ns the Hs
oorder end Ciy Judge gro peculiarly intimate tr th hse
be any Judfss In the Sso who oushi 1, respeot
cthers acs they such Judges We have already hsf
10 much OF that unseemy srecscle, happily unk
smong until s6lyoDc Jsdse oounteraCsing striving
10 coubieraci another.
rbird-rho order of The Nty Judge was right He had
the power to make u The papers within his jiril
1con; srd u was bis duty 10 make such disposition or
them ~ Justice demanded.
Fourto Justice d, msnced iha. the pren ninsry sxam
nsion should be had PROCEEDINGS before grand jes
pavfe end secret preliminary hearing bcfore .
magistrate where both sdes be heard and witnesses
for each party be examined and examined,
,hcrld be had whenever II I, po.ribe.
Fifth-rhe defendant had r.sht 10 the refmnary
animation The aw gives ito him He hal not waived
H. and vas abuse Of po neglect Of daty se
rars OF the gsuate not 10 take And this court hav
m 10 his auiy. q 7os, Sis-23, Barb Or l.
tb2-t66)
si,h Il s bcs,or for the public that the facts should
be found out and sfed far possible before he
chen vss do occur, snd the number fials be les
scnod b. Tho rejection, a. the beginning, Of unfoundef
complaints
decislon will probably be si,sn on Monday neri-