New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-05-18

bes,irg upon TIE case now on file in the Court. aud
have printed them in another part Of this paper.
twill be seen BY the attentive student Of these
documents that in this legal contest between the two
cosntrymen (for Scotland boasts JobSon rs Well
as Bennett amorg her sons, the advantage remains
for the time being at least, upon the side of Ben
nett. Jobson comes into cour. with demand Of
psyment, not only for professional consultations,
such as intimate personal friendship and confidence
might indulge in with a distinguished professional
msn like Jobson. but for certsin articles written,
as JCbson attests by his oath, by the immediate
directions of Bennett himself. The defendant re-
Joins bv dsputing Jobson's most solemn attest.'ion
and saying that lie gave 70 such directions. For
instance. Jobson sffrms that Bennett directed him
to asssil the Hon. Daniel +. 81 ,kes in very gross
manner. Bennett being at that time engaged In
war with Mr.. Sckles, which, We believe, resulted
in an Indictment yet pending in the courts, but
which. as it seems at Benefits affecting entrea'ies'
Nr. Sckles has not prosecuted. On the other nand'
Bennett afirms that JobsOn was not employed by
him 10 aid him in that EbelOus wsr agar 81 Mr.
Sickles. but that he wrote the detamatofy ar1cles
ia question aud all other articles altogether oil Ms
own free and voluntary pleasure; ard that therefore
he (Beunett) s bound only to pay i'f sucn as may
have been printed But more than this, Ben
bett also comes into court aud procure'
from the presiding Judge, the Hon. A. A
Thomson, all order requiring the pldintln
to furnish copies OF the disputed articles This oil
cure. the industrious Jobson is unable to do 1t
not beir the cu.tom Of literary gentlemen to pre-
,erve copies OF lie manuscripts which they deliver
TO editors; aud we must say we think bis Honor
Judge Thompsop, has swerved from the strict line
of judicial equity and sound Judgment in making
such an order. But, however this may be, Job'on
is OBLIGED TO declare that he canOot furnish the re-
quired copies, whereupon the ige DEGREES that
tbese DISPUTED items must be stricken from his BILL
and what is still more painful to the feelings OF
sepsitiye AID refined nature, mulcts him IN hye
dollars costs, and orders total stay OF proceedings
until that sum is forthcoming.
So the case now stands. Jobson cannot proceed
till he has paid tie fge dollars. Bennett is trl-
umphsnt; though as We have said, it is a triumph
which seems to us not entirely equitable; and Tor
that reason we would venture to hope that he may
be the more disposed to magnaDimity, and even to
munifcence, oysrd his late friend and present ad-
yersary Indeed, the case seems to be emiuently in
position which admits of compromise, Cancellation,
and the restoration of peace and unity. 1t is like
duel in which both parties have shown their spirit,
and after which they can shake hands and walk of
the ground arm in arm. Indeed, an opening seems
to have been Left by Mr. Bennett for this very pur-
pose, when he refrains from calling into question
Mr.. Jobsons very reasonable charge of $50 for
fifteen visits Of friendly, philosophical, legal and
medical consultation. Why then should they not be
rtjoined in the bonds o! harmony and mutual conf
dence which unite cOngenial souls Natives of the
same romantic land, kindred in genius and in heart,
fitted for e,ch other, we hope that they will now
cease this unseemly not to say scandalous, public
contention, and return to the enjoyment OF those
becoming and beautiful relations, which, In the
opinion of oil impartial observers, ought never to
have been interrupted between them.