The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-05-20

Palmer. Rassnine and Poor
Tho Niagara sailed from Halifax port u one O'Clock
yesterday afternoon, for Boston, where she will be due
about ten O'Clock this Thursday evening Wind II Halifax
light, and blowing from the 8 E. Weather clear.
Conclusion OF the Trial OF Thomas n. Carr
for an Alleged Libel tho Corporation
Counssl-JudRe Russeii's Charge 70 the Jury.
COURT OF GENERAL SESSIONS
Before Judge Russell
Soon ster O'Clock the doors wore opened Tho coun-
se for the prosecution resumed his address 70 the Jury
who have been trying indictment against Thomas N.
Carr for alleged libel on Mr.. Busted the Corporation
Counsel He concluded his speech II hall past twelve,
amor which Mr. Whiting and said IL rise 10 correct
Of fact stated by the learned gentleman who
addressed the jury In behalf Of the prosecution The nrst
Of which h that Mr. Crr has always Fed the public
treasury" That " an entire mistake In tho
first place, and in the second there ID not ono
particle Of proof 70 sustain the suggestion Aoother
Of fact he stated TO this jury was that Mr..
Carr bad sworn 10 his services $3.50 The contrary
actually In proof before this court The next that
they proposed To 60 into The question OF this DILL whom
70 the Of these relation this
bill objected 70 by the prosecution and overrulcd
We had permitted him, that Mr. Carr had pledged
bis claim Of $780, did not interrupt the public prose-
coior but deny snss ne bad me rsns 70 sse dsd
upon his knees begging verdict 10 favor OF the pvosecu
ton. lr relation 70 the statement Of Fernando Wood
have pothpe say but submit 10 your Honor that the
counsel for the prosecution had right 10 make toe
On the contrary, Honor knows that he
had right comment upon his proof IN the vay
he did The proof commented upon was proof nitro
duced by himself To wit, the letter OF Fernando Wood
Having produced IS part OF bis Own case, and
mi IN IL n
say W this Jury that IL wS not true
TIE counsel has stated here that 10 In which
concerned pubic prosecutor had been held that tho
complainant need not be aced upon the stand have
asked for other doctrine bere but was denied
had the right appeal 10 the Jury that
be did rot the stand and iegtmaely draw an ar
gument from that
Counsel for the prosecution 0nterruptns) He sum-
MI wbnpg-No sir, this Is . correction; for did mot
wish 10 interrupt 'bc gentleman Again ne stated THAI no
renee Of the Corporation Counsel There proef
bc'oreth jury and therefore cay he bad right
tai letter Which has willing shaa shs
sci may get verdict Of guilty Zoe icgi
n,egtm ste, It is The counsel mas reed 70 his
| jury, and I will explain H. II written IN 1850, In
answer 70 an application made 70 me BY Mr. Bust"ed
ADD a nv own eIpense--which 1 have follow.
"a up 70 the present dsy--to make an attack upcn
the ou,rsses That were perpsrsed In the city Of New
msnt 70 the end Oft carried on that csDvsss with tho
exception Of very ids oonsrbu'ioo at my own private
expense And when the gentleman aludes the parrot
su Of gentlemen who willing W TAX ieudest and say
the upon the subjecs OF rformst,on there
OF tkem N be found sboee acts ponds with
words H I bsd not expended % 600 OF my ON
private funds carry that canvsss the ooeholders
their operations successfully than toey arc 70
day. Then Il was thai intimate with Mr.. Busteed;
m, cor noencs Ii him had placed /, 10 man 81 Sooos
and character fnever called upon him 70 pay single
solitary cent Of the expenses Of this Gao yass and
] supported bis election, believing that he would
70 with and reform the abuses OF the city govern
mont OouDsel for the prosecution again nterrupsed)
Judge Russell sad--rhis discussion II entirely uune
cessary will not suner or permit you 70 sum mp the
again.
Mr. wbitipgf appeal TO the Jury and 70 the audience
tho counsel ssys whether asked for the letter Be
exhibited The letter and challenged 10 read; II told
him 70 read wrote the letter 70 NJ. Basteed and
afraid 10 show letter that have written.
upon political or other subject 70 the light Of day
Now, sir, Said MT ". (sddressos the OourD 10 toe
law for can't 20 further the testimony In
nnoed 10 great deal but viii content myself with
quoting few authorities The which have been
ct Lao for private damages. All the LAG which the
leaned gentleman hsd quoted on The other side has
rHR JupeR's CHARGE
Judge Russell shen proceeded 70 charge the jury. He
spoke 90 follows
Geptlemen az the Jury The defendant Ia on nial
charged With the pubncaroo OF a malicious heel
Richard Bsted the Corporation Counsel n this city
Sr,ss s% sns eas,sss S,n p,b offence. ,b.s n
dictAbe by laws. We have too provisions lad down
in relation 70 public officers he FIRST Ia that any public
are allowed by lass Of The state declared 10 be gulry
Of msdemcsnor, and such punishable conviction
by 10 the prison the peniten
tsry The Law aso punshes pubic officer for sffui
neglect IN the ZANE way Nov, gentlemen, n "a libel
10 pubsh Of man that which b cacsaied w oiacsen
his reputation bold him up 70 hatred add pssIny
~" IN the language Of Hamilton, libci censovi,us
or ridIcoloos vri,ins picture or ssn madc With ms
cbievous mancious intent against government, mags
rates, or indivduas,"h for you 70 say whether the
publication IN question or not Of that character The
truth be fairly essabhshsd and car shown that
done visb good and for ends THIS
defendant does admit that he hes njsry 70
Mr. Busteed but be justbes his cour,e by hrs defsncs
and that he will be enabled 70 prove The truth OF
ns .srsuons scn'.ssa ne paea s. Nor gen.
around this Lea call your attention ieny the
allegations contained 10 the Indictment, tor your decision
vii be dependentupon the truth the falsehood Of ths
statement me proseeu,on ns true, may have rested
aftsr they have proved that the article question VS.
could have rested and pu, me defendant 70 his proof q
Justification but hey exercised the legal right ha they
bad q throwing the door o. hs prosecution vide oyen 70
irving the defence the benefit Of any examination
which they could not have bad bad toey not been called
stand aud the utter falssy ~ the charges, has been
con,epded for, proved. Now, sentsseo, q1esncs
fs,svSesbsv he UrosscS.,op have proved 'hsm sse,
the defence have shown that that they were uue ana
published with good motives and for unsuitable ends Let
me cal your ssseptop gentlemen, 10 the principal
parts Of the Indictment which have bearing ON
this case me ind'c.msns shsses NAV se NC ,
Corporation Counsel 70 give public notice q opening
through daily and by Of plAcada
posted IN The pehborbocds where the stree 70 run
10 that persons opposing shall have an opportunity 70
pear before the committee me Law observed, but
The srira and intent h wholly evaded and outraged by
The officer The nrst question this clause b. who does
that relate oS You have 70 apply the rules OF
sense and ask yourselves who meant by that oiccrf
why Of course there h otber person spoken Of bH
the Corporation Counsel oontended BY the learned
counsel for the defence that officer that they
we're attacking, but was The system generally ms
language plain and you put your construc
ton on NJ The advertisement given " some paper un
kpovr, and ~ course unread" Has that been shovn,
Renuemen9 Have not the prosecution shown mere snss
the publication he's been publshed 70 papers ms, .ehs
INTO the very hands of the taxpayer and properly
two or three OF the Oldest papers In the cityf ins
question, gentlemen that you are sfsn 70 ocefmine.
The pacards are ppated whe following the poster per-
sob Il employed 10 take them down" II that tue ~
ralse2 YOu have the teetm0ny RenNemen M me ulu