New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-05-13
Id " IN7EXLMENCE
TIE CARR AND BUSTgYD LIBEL CASE

TIE CARR AND BUSTED libel CAST.
corEi or GEsEsAL SESSIONS -wsdne.asy-s-'o''
yad-e RUSSELL.
Tbc chcrge Of libel prsfeTTrd BY Richard Busted,
GO Cooperation Con Eel, against Mr.. Thomss n:
Car cane az for tyisl this aorning. M. Busted
bsses TIE chsree Of LIBEL upon letter published lately
ir Tie ketr-i0rk H-a!d, over the signature Of Mr..
Csy-, Changing him, the Corporation Counsel, with
u.s.fesssa.e Il oGicc. TIE lesdirg spccihcstions
showing tre alleged msfeasarce, are toat Mr.. Bus
te@d N Numerous instsnces charged large sums for
PRETENDED ,xtrS services rendered tie city, that he
ADVERTISE PROPOSES for opening new streets ir obscure
city paper. which are never read BY the pubic, and
hist after having the printed notices Of such proposed
stree. openings posted IN conspicuous psces through
cut ths city in conformity TO the ay to be torn down
Inn e0istely and by thus keeping the mster from the
privilege Of toe public as enabled 70 give the con-
tracts to his friends
John Grsham, esq., appeared for Mr.. Busted, ard
exJu6g e Whiting for MIR. Carr.
A lage number OF jurUfs were empanneled, OF whom
the mss were set aside they had formed an opin-
ION in the case The following are the nsmes OF the
jurors flA.ly selected
shepSsa Alex NJ Ovrrbocsh Ccrn,hl n crvnsr, frdeck
81 Sheppard .s.an Allen JS'ePs T. Little DAVID r. Car
NJ. Graham lead OIL with opesirg speech OF an
hour ana half in length. He reviewed the law OF
abel AID insisted that the protection Of chsctet was
o. afttey greater Importance than the protection OF
propeity. He urged that the liberty Of the press
should be restrained within proper limits and although
II had undoubted right to publish facts where the
public good was involved, II was ts duty to carefully
INQUIRE into the Of allegations INSIDE against
pob,ie oihcer. TIE letter Of Carr he declared was
published to graft malicious feeling and that there
ives not word Of Truth in Que of its allegations. Mr..
Carr wrote the letter to revenge himset upon DIR.
Rusteed because the latter refused to furnish him fur
tier work after his charge OF 81 day fer sttenfirg
90 meetings OF tho Committee OF Street Opening
Tie uLt.utnfulness of the statements made 10 Mr..
Cars .etsr plblisi ed in The Herald, and that The
letter was instgated BY pure maioiouSress ne said,
- ls (ull aN m
kioLs;d y. Connolly, County Clerk. was the first
rtDes, called. He certified to the election of Mr.
Busteeo the presept Counsel to the Corporation OF
New ICIk, IA shown by the ohcis election returns
filed IN hs Office.
judge hit'ng in his cross. xamnation ot the wit.
nees, asked if Mr.. Busteed was born in the United
States.
Dir. Graham objected to the question as not peril.
Mr.. Whiting insisted on the pertinency of the
GROUND that if MIR. Busted was cot naturallzed
citizen he was prohibited by law from holding his
presen office,
Judge Russell stained the objection the ground
that the official returns in the County Clerks office
showed that lie hao been duly elected by the people,
ind he did not think il necessary to 60 behind those
returns.
j. Is. AUD private Secretary of the Mayor,
testified to the registry of Mr.. Busteeds oath OF Of
flee. Thos. Carol, a clerk In MI Busteea once,
iestifed TO the lenulneIees OF Mr. Busteeds sigma
tgle to the oath Ct office produced. James NJ.
oath bcfr Judge Clerke Of the Supreme Court. A.
S. Cady Of the Controllers office testified that MIR.
Busted duly filed bis bonds in the CONTROLLERS Office
The first witness tomorrow TO which time the csse
was adjourned, will be james Gordon Bennett OF me
NeT- York HtrGid-
ALLEGED RAILROAD FRArD-EMBEzzLEMENr-P
JURY.
On the 2Sth of April, Mr.. Henry Dwight, banker
and broker in Wall rtreet aud Director OF the Chi
csgo Alton and ST. Louis Railroad Company, WAS ar.
retted upon warrant issued by Judge Russell, charg'
ing him with Jury by swearing u false answers In
suits sgapst him in the Supreme and Superior Eours'
hy the fret Of which he represented that Brown,
Brothers Co. desired to poSsess themselves OF the
control Of the Chicago Alton and st. LOUIS Railroad
Comptny, for the purpose OF paying their debts,
caiIned to be due to them by various parties con.
nected with the road and that only in the Summer OF
1855 they induced Mr.. Hamilton Spencer OF ILLINOIS 70
become the nominal lessee of the road for twenty
yeers: that plaintiffs in the suit WIN. Brown ct all
ole red to furnish money to pay up all arrears OF inter.
eet due on the road and did furnish the OF $3.50 900
for that purpose and the 3lst OF the following Au
gust the road nOrninally leased to Mr. Spencer,
but, in realty, to the plaintiffs, who had drawn an
assignment taking that Spencer executed 1t to
them day after the Company executed the ease
20 him.
From The examination of the plaintiff on oath. it
was shown that these allegations Were false. In the
answer to the suit in the Superior Court Dwight
swore that since December, 1883 be has been owner
of an amount of the stock Of the Company exceeding
a majority of all the stock of the Company.
Warrants also issued against Dwight on the
charge OF fraudulent .sus Of coupons for reissing
Cancelled bonds embezzlpg income bonds, and in
conjunction with Hotchkiss and Hamilton Spencer,
col spring to dersud the Railroad Company by means
If fraudulent assignment or lease Of the road. The
warrants were based upon long affidavit made by
Mr. Charles Could in which the particular manner OF
Dwights operations were set forth in detail.