New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-05-14
THE BUSTED LIBEL SUIT.


COURT or GENERAL sESsIoNs-Mr la-Bsfere
Judge RUSSELL
The suit of Richard Busted, Corporation Co-neei,
sgairst Thomas n. Can, for libel, was resumed q II
o'clock. The Court room was densely crowded, % on
the opening day Of the trial.
james Gordon Bennett, ex smined by Mr. Grshsm-
publisher of The N.w YO,k Herald and have sssn pS'
Carr nearly twenty years have hs Of re h,SS spss s the
s .sp bes o. in n a HpaS February !: ind
the Of Thomas n Carr was handed 70 me ~
be handed The o.n. % =. ,S., !; Is 3
a aa Si we .da,d Sy zoe Ss one 5Ss
DO TecOls, who added them did not zee them pat
not when ,o Nj s ss.. s b: ne s r
articles from him because thought them Ierloa; read
.i a. wa. exposure public plumber .dmi.sibis, l
E Hs ds.dy psDdsI.d IN "a. y u, io article .RSssss 70
c.ye stipend from he received nohins s, w,ns that
% SsSs been Promised any ps
fishing do not now look TO any one Tor az m r.o
Be ' e%pSysd io the defense pssssf writing verbally
defense the humber q cOpe. Of that sn Va. the
edition Of The Herald Of that days the syeT.ss circulation BE-
is about oo circulate. through every State Of ne uaien
sna If s ss wa. neither friendly nor unfendy with
Mr.. Busted never had much connection with him Toe Wit
added in low tone of voice. 81 supported hss sis'n
Here Mr.. Whiting, for the defense. interposed and
raid that Mr.. Graham sought to charge his own Wit:
ness with getting up conspiracy against tae Counsel
TO the Cooperation. He Mr.. w proposed 70 snow
that there was no libel TO be tried and thai If the case
was tried on it's merits il would be dsposed OF to-day
but if tried in the way proposed by the prosecution 1t
would last q month.
Mr.. Graham, for the prosecution, said he proposed
TO show that at the time Of this publication the res-
tons of the witness with the prosecutor were very
unfrerdy and that after the publication, tho witnes,
had with tears In his eyes slught the tJrsyene OF
the prosecutor, and if the witness would not himset
acknowledge this. tLpe we're two witnesses in Court
who CO uld prove Il: Mr. Graham then d.lstsd upon
tie hsrmlessness Of an attack from the pen OF Mr.:
Carr on the character of Mr.. Buseed unless backed
up and indorsed by paper OF large circulation. II
given to the public by such means as Carr possessed
bis libels would be beneath the notice Of Richard
Busted but this prosecution should not be regarded
by the Court ard Jury, then, in all prooaoi'y;
some other course would be adopted by the injured
party. -,
Here Mr. Carr made some ndistinct remark, which
Dir. Graham construed into threat, and he rePhed
that when in Court he under the protection OF me
Court when out Of Court he was able To protect MIN
self with the weapons God and nature had given him.
lie bad heard the bark Of many dog IN Court whose
bite was never seen out OF II.
Mr.. Whiting appealed to the Court but the Judge
raid he had heard nothing TO arouse the ire OF anybody
The prosecution was not bound TO prove malice, end
he should stop the discussion, ss the witness had an
swered the question.
Gross. nined by Mr. Whine-I am scqusined with
SS3sre Is pasbss Somewhere IN Nassau .r.s am .e
aa..sd with u: circulation only from common Tl~os =.
room do no, IGow where purchased hnov PAPER
~.y lsfe called Spy s Ds .ssf
called Tse w.ey Day Book they both from !ss 's@s
ago. Ikoow The COMMERCIAL drofvg have no hnowisdss
ss s1 a Of It. :,Sasen sa ' b. sDo g 10 ,a.
om conversations With he editors Of e'e pspe" the sassot Of
their circulation.
Thomas Carroll, recaled-Says be was in NJ. Bus
To, DIS ofce and had charge Of the organization Of
CON ittees the advertisements Of notices Of opening
ttreets were published in The Ner- York ztmes,
Courier, Commercial Adrertiser, Journal Of Com
mtree, and Daily Mrs; Mr.. Carr was nominated
one OF the Commissioners for the opening Of fry
ninth street by Mr. Busted, at. the request OF Fer
pando Wood; Mr.. Carr made no afhdsvit regard.ng
the cost of bis 205 days alta ndance with tbs Comms
.ionerr, but was paid the amount Of his bill by the
CO ntroler; he had heard Mr.. Carr acknowledgs tho
authorship Of the letter published in The Herald over
bis signature.
Thomas n. Carr, the defendant, being sworn, test
fed that lie had searched for his original bill Tor ser
vices, but had been unable TO find j..
Mr.. Carroll recalled-The sslsry Of Mr.. Basteed %
lowance for clerk hire. large portion OF his time
devoted to his private business, which is large.
John b. Hall, publisher tf The Ner- York Com.<r,,
cal Adrotsr testified that they were 10 the hsbi, OF
publishing egal advertisements In bis paper. lie re-
fui ed TO give the circulation Of his psper although m
sructed to do 80 by the Court. The only answer no
gave was that il had no. limited circuiaaon
Brooks Of The ~ Y. Exp1', were e1sn'nso' b.
Georee Fl. Purser, Corporation Attorney, testified
that he had known Mr.. Carr twenty I'VE years, and
The assgnee of his csim ell property connected
with the opening Of Foryninth street He advanced
in all, about 500.