New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-10-14
LAW MTEZLLGENCE.
A WARRANT ISSUED AGAINST JAMES COR
DON BENNETT FOR LIBEL

Mr. Had, the Distriot-Attorney, yesterday morning
made an application to this Court for Q warrsn: to
rect the proprietor of The Herald for having issued
two lbels sesinst Mr.. Daniel f. Sickles-0ne dated
tue 9Th and the other the 7.h Of October.
Mr. Hall said:
If,our Honor please, there being a little histus
in the business of the Court nss 70 say rev words
10 your Honor as Magistrate, rather than as
Jucge of the Court sitting in open Cont, as It may
hsppen that shAl rot have another opportunity 10
do 40 to.dar can only express my regret ths, my
official engagements last week o. uie NouIs y. ap
peas and Yesterday in another direction prevented
my beir present at the discussion OF what deem 10
be highly important motion In criminal p'asnce Pc.
fore your Honor touching the question as 10 SnA
defendant has after bail having been gwen ~ nun
distinctly, to claim a preliminary exsmipsnon us
uIne ceesary for ne to take any other part IN the
matter otherv;e han TO ssy, oelcg rernaPs oue 70
your Homer, as well as myself that the order you
made yesterday meets with my hearty concurrence,
both as q lawyer and officer OF this Coun
very mschievUus practice has sometimes prevailed OIL
allowing parties to 81 'e bail to appear at this Coo1,
and then to give them an examinston-a practice
which has been very properly fo1ned upon by the
United Ststss Court In . case in which the United
States DistictAttoney, John Mckeon, was engaged,
ard one Of the exJudges OF this Court on the other
side; ard if had been present would have ie-
resisted to the utmost of my professional ability any
such ratification by this Court Of the idea OF
.tnding case back again to Magistrate after party
bso gwen distinctly and with knowledge OF az ns esai
II,
N, regret that the City Judge felt It his ouy 10 OCT
o,hersise But am very glad that this Court, by the
decision of your Honor has come back 70 wnas con
ceire TO be The correct practice These remarks uay
il ole ace your Honor would have been out OF place
ven not now here to make motion foueded on some
what the same matter | am officially informed that
this de ndant, james Gordon nnett, the eoitor anu
proprietor Of The Ner-fork Herald, nos e1PIesseu
h set exceedingly Dissatisfied with the fact OF his not
beitr able to procure an examination Now untortu-
nsteiy the rules of law do not allow such an eKamna-
tor ia the case which have just referred but the
rules Of law will permit such an eSa In anotner
matter. ard al my request Mr.. Sickles hiss made
another sfI6svit upon rev libel, which hold In my
hand. aud have to pray that warrant may issue
The affidavit of Mr. Sckes which Is properly swern
10, is AZ follows:
Gin and County Of Ntt, York D,ne Z. sckles being
duly dcpos.s ssysThat he resides .. the foot 9?
IstIo At sw aud this affidavit at the request OF the
Thai he is acqusin,ed with James Gordon Bennett and
tno~, be and proprietor Of newspaper t11~p
The Ns York Herald puo'aes the cy ads ss es ssre
That depone2t hereto copy OF said paper ana
that article commencing tne tonrtn col INN sns
farth page OF the date of Tuesday, Oct % Contained
sver gross cha against this dePonen ePesy tne o
ha, biz eoan.rce can depict how cad. Of rsmnsny
msy enjoy the spoil. Of office through an unred maictment
Thai said sentence thi. depOOso. he yey Be,
sy and Shss' nun sa ps.s oss and Thereby With
Thai the whole article ssanst this deponen and especially
Oh. aid charge entirely false and be verify believes
msous from the fact that this dePonent hssiHs sesoJ
charge Of libel said almost daily endesvors to ID
up his 10 ps s ..s ya%s. GORDON seSne way
snd msousy TO be published OF ana cohsrhns lus
b. usy be arrested therefor and With accodips to ,w
D.p.peni also pays that al exsna mt ns
wtesscs his behalf the Hon. Abraham. d. hns'ei one
Cream and Me s%he ara ae io snS doD
osnt said Bennett the second OF whom as eponen'
informed his wifes bfothtr and the two latter OF whon as
A.
.d newspaper ray subpensed for that this dePonent u
G.I 81 tact. slowing The anu II the
BIn.tt in the article f 6aE fs1p 81
srorn to befors me- this 18th day Of October, 1857
'''- ~ JAmEs n SMITH. Jr. Recorder.
Ibsye now 70 request that your Honor will Issue the
p,oper warrant il YOU Satisfied, as have no doubt
You will be- as il is very carefully prepared that this
affords ground for warrant to Issue on charge OF
lib, In .he course OF the day. az my request, tce
saIue O. Bite MAJ will make aoother affidavit foucbing
E miar II atiers AID ask that another warrant snail
lssue ard the defendant VIII not only nave an oppoi,
tut y OF an examination 10 the fullest manner, Out WI
have no 10 complain that his Legal fgnts are IN
fringed upon. .,.
Ia corclusiou have only 10 express my most heart
felt satisfaction thus publicly, that there has been
# und in tb city Judge who has mus ifaressy aua
Legal p+lfored his duty. 1t is due to the history Of
tbese fines 10 state that your Honor ha. had courage
enough to apply tue law ~ tbs man. lou, Sr are tue
Oh Judge il this County, With the exception u Judge
William Kent. who bas ever hao the ino.a courage
day appearing only az anst officers OF this Court
but against this very complainant The athdavM mar
mold il my hand shows gross case OF hoel WINE
| am speaking l will state that little psto-
rraph has appeared in one Of the papers TO the
Eject that on Sunday hight in company with
ore of the counsel met Mr.. Bennett ia the Everett
House bno informed him that his attendance vas re-
auired yesteraay. Your Honor krows mat II Is my
iuie never to notice anything personal to myse that
occur in thu psptis though even charges sboad DE
mace against me OF felony or murder ioniy mehuon
this ia with this circumstance TO say ina,
tie latter part Of the paragraph wac pre- mature Clio
not i've nm cfiosl notice then bat 90 no" oy Ie'
speoituIly Iequs sting hat warrant may issue. Ia
,elatn TO toe first yat d that paragraph mat hoio
Iersob al iDte course with james Gordon Deuae.s
due 10 myself 70 ssy that never had soy personal Ia,
I. rcourse til him. snc il s cesssIy 10 say toet
rtyer wish or ntt nd to. II your Honor VIZ take
II csc papers and make oat the warrant, snsn ieei
obliged 20 You
Mr. Hall then banded I'D to the Ccurt the libel aod
affidavit Of M. Siokies, where'pon tue heoofuer ~
spsd the following warrant and placed for execution
il the hands Of Officer Lowry:
Stat, If N,t, York C:ty and County Of Ne YorkmTo aay
ccn.taJs Q, Policeman If the cay Se,o s
compliant oath mas been made before iLe ~
er IL .ld Tor seid city, by Daniel s.eis. oi the
ia rty that James Ccecn Bennett proprietor OF the neo'
psp.r called Eev York He'ad did on the o.o sSa "a
t s.:si:, he IL. I'D asI psSe! sieie.
These ar therefore in the name OF TIE feop Of VIC oo
d TO command Jou the said Constable sne
80 "a every Of you eppIehenS the Dody OF tue sal de
sSis1T,ts fo- the CITY aud County Of Newfork zoe C
Hs In toe aid city tue said charge ana 70 NC He
with az the law directs . 800, sol, g., %. o,,ot., 1857
Gntn dnaeT my baId ard seal this 18th S:{ .,
By virtue of the above warrant Mr. pehnou
b,ololt be:o-e Recorder Saith by Ohcer Lowry. ".
ID F!to and Il. pjamin Gs6aitn, esqS., were preseh'
a. MI Bepr.ti's couSeel After some 2tvse consai-
tstir between IN. editor Of the Heratd ara hs coan
- NJ, F:eld rose snd usked the Court to have me
go, ,,itn e hir citrt postponed, on the ground
that M. Wtitirg was mere strictly the counsel o. Mr..
BerIe.. 10 tbs particular examination, eno IN ccnse
nuer &c If fuBeISI IN me 'amY " taa' coun'o' 40