The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-05-16

H'Ss SioW W Psoechfo isS own Acuus Inc m0Eo-
ments of the Ordnance Department at Ports.
mouth, and the creation of Channel feet, indi-
cate where that blow is expected. From all
these circumstances there are differences Of o
serious nature to DO drawn, that q war with
England is the alternative of revolution in
France, and that either will not be for material
or physical wrongs, but struggle of the human
mind-in short, war of opinion, and for opin-
ions sake, such as was predicted by Canning.
and which the heads of the respective govern
ments may be unable to suppress
The Carr and Bustccd Libel Cass-Tho In
forest In N Increasing.
This case, now before Judge Russell, was
adjourned on Friday to Monday (to.mor-
row, at ten o'clock. Before the adjourn
ment the prosecution rested its case, and
the defence commenced by an eloquent speech
from Mr.. Whiting, which was not concluded at
the termination of the proceedings, and will be
resumed to morrow. Thus far the interest in
the case outside of Court is greater than its
personal nature would seem to warrant inside
The prosecution contented itself with simply
proving the publication Of the alleged libel
against Mr.. Busted administration of his Offices
and in that incipient stage the rule of criminal
law is strict and narrow, and does not give lati-
tude to enter into general examination Of the
charges of mal-administration until the defend
ant is put upon his defence.
The alleged libel is charge of malfeasauce
and NAL administration of Office upon Mr. Bus
teed, Counsel to the Corporation. Mr.. Carr was
commissioner, acting in connection with the same
Office and of course the published allegations are
supposed to be within his own knowledge. The
interest of the community is not so much in the
matters personal between Messrs. Carr and Bus.
teed as in the development Of the manner in
which public business is transacted in the office
of the Corporation Counsel. The general ale.
cation made against the prosecutor is that the
system which he continues in the management
of his Office is the same as that which charac-
terizes the Street Commissioners and COMP
troller's departments From the reports of
the Common Council and of Comptroller
Flagg, we know the disgraceful con-
dition in which the Street Commissioner g
and Finance departments are; and this trial
if the usual latitude is permitted by the Court
during the defence which criminal law allows
will enter into a similar Development of the
Corporation Counse's Office.
Before his election Mr.. Busted enjoyed, as
lawyer, very high reputation, and was gene
rally complimented by the press of all des-
criptions. 1t is only since he entered upon his
Office that any exceptions have been made, and
these apply to his public conduct as an officer of
the Corporation. The public are interested in
seeing full examination of this case, over and
above any thing growing out Of personal mat
tiers between Mr.. Carr and Mr.. Busted, or Mr.
Busted and Mr.. Carr.
The management of the case thus far has
been conducted with considerable fairness on the
part of the counsel and strict legal tightness on
the part of the Court. The quickness and firm
ness of the Judge serve to keep tight rein on
all the parties in the suit; for il is singular
fact that both of the opposing counsel, as well
as the prosecutor and the defendant, have
rather combustible materials In their compost
ton. One or two rather curious features n the
case struck us. On one occasion the counsel
for the prosecution intimated that If the trial
ferent character would be. resorted to,
leaving the character of those mea.
sures to be inferred, and suggesting, of
course, that they were anything but legal.
This was species Of threat addressed
to the jury, for which the counsel should have
been called to account by the Judge; but we
suppose it was overlooked in the hustle of the
moment. Another singular discrepancy which
struck us was the counsel for the prosecution
deliberately impeaching his own witness, and
charging him with conspiring to dcfame the
good name Of Mr.. Busted, the defendant, in
the face Of evidence to the contrary from this
very witness. A lawyer impeaching his own
witness is rather unprecedented in a court Of
Justice, and needs only to be stated to be csti-
mated at its proper value, in good sense or legal
acumen.
For many years the New York HERALD had
nothing but eulogies on the legal talents the
moral attributes and general requirements of
Mr. Busted. We supported him strongly for
the Office which he now holds; and IL we have
published any communication from Mr.. Carr or
any one else to which he can take exception, It
only arose from q desire Of explaining, deve-
Looping and correcting some of that terrible
system which prevails in the principal executive
departments of this tax-ridden and plundercd
city. Il is part Of the public duty Of the
press to do 20 in courtesy and moderation. Be
fore Mr.. Busteed's election and induction into
Office he was considered as pure as vestal and
as straightforward as saint. Ii any change
has taken place since he became Corporation
Counsel the cause must be traced to that sink
Of sin, the executive departments of the Corpo-
ration Of New York, the influence Of which
would destrny the purity of an ANGEL from tho