The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-05-19


FIFTH DAY.
The trial OF Thomas N. Carr charged with lfbellng
Richard Busteed Corporation Counsel which has occupied
the attention OF the Court Of Sessions for the last four
days. concluded yesterday Long before the opening
Of the Court the leading 70 crowded with
citizens anxious TO hear the closing speeches Of coanse
and when the doors opened the room speedily
filled TO its utmost capacity.
Mr.. Whiting called the attention Of the Court TO point
of law, contsudng that the paper claimed TO be libel
absolutely privileges and referred to Cook on Do
fAmation in support Of his position
Mr. Whiting then turned to the jury and addressed them
0lows-I return with much more pleasure to address
you, gentlemen You have carefully and patiently lis
tened TO the consideration Of this case. You have Wit
messed struggle that Mr. Carr has made through nus
counsel TO spread before you facts which IS his coun
sell deemed material not TO his defence but 70 the com
munry that know him The gre.! dincuIty N
with error falsehood chicanery and contrivance It
said in relation to this struggle that while error
with truth, truth somesimes receives IN .ne oonn,Cs
will be triumphant error will fall II is said by me poet
that the eternal years Of God are truths said that
becomes the conqueror question: therefore, for you
to determine gentlemen, upon this occason-the great
that the Court have showed YOU to hear upon this occa
sion amid the various rulings that II has made In relation
to the admssiblty of evidence shall prevail over the
macs Of error which has been attempted 70 have been
placed before you with view to produce the conviction
Of Mr. Carr You have not been unobservant Of the
rous that have occurred throughout the trial Of
this cause you certainly been idle observers Of
the in which the prosecution has got up certain
set Of gentlemen that TO do the acting and the laugh
ing this end Of the table, (referrng to
rounding the prosecutors counsel) You have not been
unobeervant again. Of other things that have occurred
the part Of the man most interested in the re.
suit OF this prosecution, and the part OF the
man (the most important witness on the part OF the
prosecutop) who has failed to put himself upon the stand
TO prove the alsebood Of ged libel Ordinarily in
a
the complainant upon the stant and submits him to an
examination he proves first the alsehood OF the Ibis by
him. and secondly he proves that the matter alleged to
be beltus points to him and relates to himtnst they
uptrue-and proves facts and circumstances tenoug
guilty Of malice. Upon this occasion the complainant
himself the who knows the most about this case-s
not placed upon the stand is purposey withheld By his
private counsel He proposes TO submit the issues OF
this cause which, instead OF being issue between the
people OF the State OF New York and Ar Carr i, issue
between Mr. Busted the hand and Counsel TO the
Corporation aud the tax ridden people OF the
city of New York. the other That is the question.
The public prosecutor has bad perfect right 70 hand
this the private counsel of Mr. Buseed. there
fore assumes in point Of fact the shape and character
which originally gave In your hearing-of private
benefit of private prosecutor through the inter
yeDtion o. private counsel. Whist therefore,, Is
there public in it Nothing, l shall show
you, gentlemen. connected this controversy. Mr.
Carr has very little interest in II has become al
mos: matter OF indifference to him as is has become
almost mator Of indifference TO every other man IN the
community Who has thought proper either TO raise his
hand put his hand in bis pocket create purse to
The torrent of vapy rascality and corruption tina
fer the last ten fifteen years The question Ia not ques
ton OF Individual right as between Mr. Carr aud Busted
but the grand the SOLEMN serious question: whether
corruption sh s lie at the foundation OF nstlltous
whether unfit to occupy public place, public power
and pubic Office by OF their becoming public pluu
derers through the forms Of law; whether the guar
diana and the proper opponents OF the honesty
and morality Of the community shall continue to go
On with the same success hereafter that they nave
been permitted heretofore unattended 10 and
arrested. Convict Mr. Carr 1s there an honest man
no has read this case anywhere this side OF the Atlantic
within reign OF any thing like civil liberty that would
think OF convctiDg Mr. Carr the indictment pre-.
septed now for your consideration Will leave II
to you 10 answer this question. deem II almost
insult 10 address you behalf OF Mr.. Clrr. had my
spogy and excuse lying deeper than anything that
Affects the interests either OF the complainant or the de-
fepcani in this cause personally but in matters which
affect the interests OF the future peace the future welfare
and the uture safety Of the Inhabitants Of this Within
years Of the city OF New York have grown
IRON three 70 nine millions This year the widow and the
orphan will be called upon to pay and II you want to
know how the axes taken from them and ~rung from
hard earnings 90 down the lowest depths Of this
building (reierring the tax oce) and the willows
taxation that we ere suffering no, that alone, but by
species o. indirect sxauon arising out OF street openings
to the extent IN fffty ninth street alone O. damage
Of sa3 Not only In this direction, but in the paving ana
regulation OF streets, where you kno~ that within few
gears the Supreme Court sy In this very hall, decided
that the contract for regulating aod paving the pe~
Bovery obtained by fraud and they set aside and
would permit either the Corporation or the tar payer
~.
epcrosohmen in ar other direction upon the public Urea
FURY. has been said by my learned friend on the
other side through the Intervention OF clerks In that
oce he has apoogized for the conduct OF Mr. Busted
client, and elaine that II bis agents have done any
lnrg wrong and 10 violation OF the As that he is not
respous BILE for H. that you might as well hold the Comp
troer responsible for the dishonesty OF his clerks as 10
hold Mr. BCsteed for dishonesty in his Office Up 10 the
present period o. time the distractions ipterposed be-
the process Of the law and the punishment OF the
offender screened him. This case, therefore. gentle
say presents the question, whether will take
faha sentinel upon The watch Of civil liberty, aud
when you ind him faithful giving notice to yoa OF frauds
that MAJ be porpe sted through the arrangements OF
hey have been contrved aud got up, are fixed aud
Ndvse you OF the danger OF permitting the pcrpetation
OF such Arrangements you will take him from hI house
and the tender merces of the Court who
may mprison him for an onenoe like this, then say
be obliged to submit 70 the rule and reign
net perhaps equal to the rule and regn Of
Of Office holders Of Office seekers no, 70
VIA party they beonF-ihsi will absolutely impoverish
the cty and ruin her financially and forever We
living under debt Of over twenty millions, aud
gong the ratio Of excessive, outrageous expen
cufos add excessive and outrageous Tor another
Period OF quarter Of century, and there "a an end o.
financial reputation, else we become beggss, be
all become tributary 10 Office holders AMI 10
tce seekers What Is this alleged libellous communcs
ton II hss been settled here that you
Judges OF The and the fact; and the OF this
will depend upon the ability OF the counsel who vii
address you. Mr. Whiting asked the jury TO be careful
az. cautious that they understood precisely what the
counsel for the protecuon would claim for, he main
would take position contrary the cJnStaion OF this
state. He should ADDRESS them at such length
II not that great principle was q. stake Was the press
10 muzzed by honest and Independent jury OF the
the right o, Mr. Carr, in common with every
other citizen in this community, 10 think AID
when be thinks TO write and when he writes 10 publish
the truth in which the public have al INTEREST," We're
not hs, these two prncplts vere 70 be settled by their
verdSt this case would sink into utter insguncsucs and
as you find, ssi Mr.. W, the people Of this community
win understand whether they are 70 go uto mental thra
dom whether they 10 breathe LIE free men, that
individuals may speak OF men holding public ofice with
out fear Of being indicted, tried, convicted and hsndei
over the court and sent 10 the penenary say. con
tnued be, that r. far for men In public Office 10
use the advantage that the forms OF Law give them W put
Their HANDS the public treasury into the pocket OF
the citizen and withdraw money from II, under the pre-
that sanctioned by the law, than the burglar
who my house and robs OF my property; and
uness before through with this case and the counsel
upon the ober side convince you that is more in
portsnt 10 this community that you should locs up libel
ers than lock up thevee-unt he oouvinces you that
society IL constructed upon erroneous principles so
far tba ad M n ma