The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-05-25

qusntly We sec . suossqnspt &C. u sns "a
dsDdast Davis, in which, Judge Thompson dos ,os
appear way 10 be connected flor no aloxn-
ton usimation thai Judge fhompsoo kne~ OF
fepdsDt Davis gong 70 do, or that foe ooSco
s piece :" s
tor the impeachment rhere 10 nNhpg wbstsvor 10 the
allegation that the sdjounmept was made for The purpose
OF defendant Davis, ~ claim that the action
out Of court h. a<r tho request OF his usse could
not make such calm and Judge fhompsoo, IRON the re
quest made by Hasdenbrook she might be the
nrst the Of March. fairly eDuted -
cude that be assentea to the adjouromeot Bat apart
from these there Ia rs before stAscd not
the least scDa OF evidence OF corruption or secret
understanding the part OF the Judgs fne charges
above quoted rom the petition clearly belous, cad
no beng sustained by any evd nee the dofeuosus, dr-
debTeok must be held 70 Indictment therefor,
uness he claim exemption urged BY his
cour sol, W.T. ch tn there pub tho
libel - will render dliendant liable because the libel
ons matter contained in petition addressed sod pro-
ser ted to the proper b,dy having authority
and suspend for cause Judge OF me Marine Court and
the deft Doan HardeRbr0Ok spv acts q petitioners
attorney and coun-ei preparing md petit
ton. The proposition that any who really mas know
ledge information bosa fde suouoses and beEeyes
himself Possessed Of Knowledge Information OF such
facts ~ Will justify and render proJer hment
and removal from ofbco Of officer OF any KIND may
present petition for impeachment 10 those hortes
who are authorized 70 act in that behalf without being
such statements Of fact and legitimate differences there
FROM which he shall in good faith, with probable
they true false, correctly incorrectly drawn
be questioned but under the gsb OF right, by
lega meaEs seekrg the impeachment Of an ocer, can
weke,y and maciousy, without probable cAnse, write
and expose the view ana reading OF others either false
defamatnry charges statements Of acs false and
unwarrantabe nferences facts without being liable
therefor. Malice and want Of probable will Always
deprive individual Of any immunity or privilege 70
Arise from the claim thai the matter acts cmplAned
OF were done or TRANSFERRED in the prosecution Of
parchment which might otherwise be insisted on Prin-
cipe and reason supports this doctrine Il Is also sup
ported by authority. In the OF HoWard aSsust
Thompson l Wendell. a26) Jadge Co~en In speaIing
Of the privilege to be accorded private wrogs says
ton in the minds Of jury that the sp ,esan % Of sE
ful purpose assumed In order TO injure him When
they are brought 70 believe this 1t 10 their duty nnd
the defendant acted n fraud OF the a~ which gives
privilege, ana award damages asaiost him. whenever
the communication for this any other taken
out OF the protective rule the Law acts upon directly
o SANDER. The learned Judge next refers 70 matters
transprDg In the course Of judicial proccedng. the
rule is known 70 be different where the com 1ucicson
qury. There, II be apparently pertinent, II Ia abso-
luely exempt from the legal impusnsn or sanjer and
the party injured Ia turned around different remedy
IN action for malicious prosecution wherein he bound
" prove, in the hrs instance not merely the
nsnced by probable and on pa 32o in
speaking Of the class writings which the psoa In this
case belongs rays Another class OF writings has pra,
oe been pursued a. hbels these such false
and scandalous matter addressed 10 executive admins
uatve or other officers, entrusted with the power Of ap
pontment TO or removal from inferior Offices, and
ing either to prevent appointments promote removals
on charges importing want of integrity or other
ccune Of s'I n1.yns " the
District Attorney-(Thorn VS.. blanchard, s Johns
Rep, 5Osl-a Deposition made with view Of preventing
to the Governor OF PeDnsy vsDa containing charges
against Justice Of the Peace (Grsy Portland sorg
and Rawe, 23), and memorial to the Board q Excise
g. %su & ssa.S
10 fuch writings there certainly authority saying
that orm the injured party shs be put 10 bis action
Tor malicious prosecution, complaint fem0ns6 snce
would It, perhaps be safe inerpose such ressric
ton. although the reason for giving countenance to in
formation may be OF az much force that In respsst
III founded charges and irregularities Ia oouductug
sp,s an oym. >, any mt o. esa price,
between judicial prosecutions and privileged onmuuica-
tons In regard to matters having no immediate
bsosG Ne sorn Of The scaioa take 70 b. cxrsct,
but this rs not decisive OF what shsl be seemed full PROOF
10 sustain It. decided In that that In order 70
maintain an action for libel, such Intermediate
class Of writings, was sary for tbs plauun
prove both malice and wait Of probable In the
case IN hand there probable for the making OF
the bbeous charges, ana the facts Of the
descendant Harden brook, acted With malice. will briefly
aude 70 tEae facts and nrst Defendant Hardenbrook,
before the Transporting OF the which in.erts in
the petition forming ths chief ground OF charges,
and without consaltag with his client exclAms In the
court ROOM In An undert,pe 10 lawyer vbo bsd been
present durr the whole transaction: "Damn him mean
Ing tho Judg9 win imoeacn him if Ca, y % which
that lawyer replied he did not think Tor mpcach-
ment. We subsequently, ind defendant Hukenbeook en-
crossing tbe petition and having several made We
then see him stepping out OF the line OF dsty aar
Dey and COUNSEL In any going TO the ONCE of one az
the principal newspapers OF the CITY, givsg infora
Tn1mpaOn.
desiring eporer TO be ssrt 70 tbs bari Of soncryos
10 take notes. We then nnd OF copies o. TIRE nett
ton lett at the HERALD ofcs AMI an extras pub,hhed.
Nothing but express malice these acs n
not the way in which men when their only desire d
TO attain legal or legitimate end without producing more
necessarily requires hui the way IN Which men sss
when operated upon by feelings anger and they
desire 70 nc. ali the injury possible ana spread lar and
wide their tale Of wrong and their charges without wait
Ing TO see whether on Investigation, these charges will
be sub :snslaed No one can DO more ready than MY
SELF 70 throw around lawyer ali the PROJECTS able
when, on The retainer OF client, be acts q Una-
ton OF such client, believing such Information ~ ns
scpabiy be deemed nccesssry and IN ,hs l. Sa
protecting and enforcing the RICH OF his cspt and With
out travelling out Of The line Of his appropriate duty
attorney and counsellor TO do acts rjuriug his eppo-
nent in public estimation on Tarfe staasmsnss me
defendant In this does occupy such . position
the ies Of lmpescbnens He knew ali ths facts better
than ms client He inserted In tho pstion hbeiIouu
udice or unworthy motives would dream Of siios uoa
the facts stated In The sefsame petition and certainly
would NOS with fsc's proves before me, Of which be
must have bad knowetre he stepping cut Of she Of
duty Of attorney and counsel In asy stempeed to-
and be fairly Inferred from the evdesos succeeded
In procuring the publcaon Of the bcous IN one
Of he public journals Of The city An attorney Who thus
scs cannot claim any privilege or favor either the
score Of his character . attorney or on The ground hs he
acted tina. character for another but bold himself
resdy 70 meet the consequence OF his acts have thus
far been considering the question whether the engossog
Of the petition and ~ delivery by defendant sups<vor
Blunt Tor the purpose Of being presented 70 The Board Of
Supervisors and rs subsequent presentation By him. va
under TIE circumstances OF the casc sufficient pubi-s-
ton Of the libel 70 subject the defepdsn, prosecution
or not and conclusive In the Affirmative. But hs
not the defendant nnde another or further publication OF
The bef The evidence before shows that he esher
directed permitted several copies Of the peuton
made, OF them in the hAnd~ritipg Of James wal.
lace, . person employed 70 write In his ONCE.
These several copies were Unnecessary for the
commencement Of the impeachment ouy ono
copy necessary that he the oce Of the daily
Tssss informed OF the editors thsf he eosng 70
mpcsch Judge Tbompeop requested reporter N be
take Of the proceedings and arrange
10 send copy OF the petition for pub cstou copy Of
the petition In said Jan % waaces hand writing Vas scot
the Office OF the HksAtD such oopy did not
from the Supervisors their ccs or any one con.
pecfed with n Ny conclusion from these facts w. that
the defendant p this had copies o. the petition
made Tor publication In the public newspapers, and that
be either sent, permitted others disposed
OF one copy with inebt tina, sh1ald be
bed 10 procure and send u 10 the HERi ONO These
acs constitute in Judgment Of lsw oaonloo OF the