The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-05-15

eemms 'cners relative 70 various busa a NJ. to my
BDcwsdge.
O who're are ,hs uspsr A. 10 tho Stree, oomnr s,oa
ere ofce the report oics, bat
- N lio tOett Com uk stpef's cn1co.
Mr.. Whiting showed The .itaess bili Of Ia The
Fifty ninth street anu called bis attention pill OF
T. Maker for $780, q. DO you know Tor What
thai VAR
oUJse,sd 10; SELECTION sustained; ex ,epton .Aken.
M. Whiting gave notice that he would read u ine jury
all the bills tbss bed bean taxed
Hs Honor psi nIsd do 30, SUBJECT to exoco-
TOE by COUNSEL "a the prosecution
To cOupse, for tie prOsscutons All tho moneys re-
ceiyto rec ved for tho purpose CT disbursement
To Mr. whtrsfhs abstract Of toe report Of Fifty ninth
street smouut Of damage and benefit dam
age n 1913 be o.JenL TX not footed up
Nr whiog said That the counsel for the prosecution
carr bs. tad Busteed had been guilty OF pssua
on whereas the alleged libel contained sucb charge
To ccuDsslo the DrOsecutonI was never asked " at
tend upon the commission; have rece we'd com Du1i
cation from the clerk OF the cOnnsss AMI
~ The letter dated February "a stated toat there
FIFTH ninth bi lots damaged Snd 2J6
hed Mr.. Buseed the condr Of The reports
soo large number OF counsel appears
cown to@D Streets the ReAde ~as ap
pointed In mr. ahepafd's time
juror dssred to know whom tho witness held him
sell se.ps Dsin'e tor The conduct Of his bureau.
Ht Honor thought the question improper.
BY the ssme JurorDoes the Corporation Counsel make
sD examination o. the r1cords? A. Certainly cir.
10 Nj. wbitbs-S,e does boiere the roper, ia pre-
sepea 70 the Conr; tor Confirmation, pe!ors.
Richard Connolly recalled, and s.id That since 1860
tbls time there he'd been eight taxed, aud
theIe four I'VE pending.
THE CASE For the DEFENCE.
NJ Whiting said that he DESTROYS that his associate
should opel The or the Defence but be did not
"a prejudice the prosecution by mskiog the an iDAsd
fan matoTy sdcress 70 the jury ny ccun
eel for the prost cu''"uisnd rs was wtcn hour OF
The time adjournment, hs dill not xiso W ,di, he
~rorg uoD the ober sioa by letting the jury separate
pno,r the Inpression which his remarks would make.
yer. VA. desired that he shonIS mxss an oosaiog
speech he hcp ~ shtn he finished be would Dot be
compelled 10 20 on with the examination of witoesses
he had engagement In the afternoon He raid that hs
would bend lis Opening rensrks Ia his cumming up 10
the jury
Mr.. Whiting then proceeded 70 read rhos N Carrs ie,
ter pubs he'd the herald Of feoruary 23 When Mr..
tho words: "a thorough reform is needed
oce Of the Corporation Counsel he said "rruer woros
Eeyer pebned."
Judge Russell esked no reading from the COM
uuncst,op or making his own comments
MIR. Whtug-IhAt my own remark
Jucps RusselI- would be appropriate for You
read arrcle and nske your comments when you get
thsopPb and you will 90
Mr.. WbDg, in low stiff bowl will "cbey" the order
of the court placing peculiar emphasis the word OBEY
amid loui laughter The reading Of the letter listen
ing the communication Mr. Busteed, who occupied
by his counsel held paper up bsfore him, OCCASIONALLY
giving significant nods Of the head with his eyes liked in
tsntly 90 the jury.
Mr. Whiting offered 10 read Mr. Cars communication
tn the HsRArD Of the oath OF February following the pub
SPEECH OF MR.. WHITING.
your Honor p'ease-lt has been asserted by counsel
the other eide that ln1ictmt Mt for libel public
prosecution That II IL 20 10 form am ready IN admit;
but that 10 70 ia substance utterly deny Offences In
either against the public prvsse ind
viduas for public wrongs such a. thefts roberes and
ourglsres, which punishable criminslly at the
pensc Of the public. because they offences against the
breaches Of The pnbc peace and they punishable
breaches Of sb. public peace, and they punishable in
form by proceeding IN the shape Of indictment, Dut
they private prosecutions la purpose
OF toe protection " the private indvidi a the preserva
ton Of the pubic peace and the person But complaint
Of criminal eiieDce by reason OF assault and
battery upon An iddividnal, no may, at the trial
ot tie care, withdraw any time; but prose
saec,irs zoe pubic, cannot withdraw the prosecu.
ton be has no control over H. In the cass OF hbe,
whe the prose eoirg by Indictment is form for
public, prva,s pioseou,on ana the private prose.
co'or may Withdraw Is ard ask note proseqnt 70 DO
tered THIS Court solemniy decided that IN case OF
assault and battery, accompanied with charge oI riot,
II might DO withcra~n against the assent OF
OF the Dsct Attorney, and permitted 10 be done
Court; Jucgs who sometimes prcsidss iess repatA
ton elseshere, and bas recently presided In Of
The states Of our Union 70 very sest and vita
leave property In he street al night md II safe
and where human life ~ safe az well a. human property
row. an indictment Ter libel upon an indviaual differs
from alleged oei agapJt the government Against the
adninnuHtion Of the law ana against courts o. justice.
Lbels upon them bes Viii h affei the public gene.
rally ana may not come within the section 20 wh,cn
have alluded CT bels individuals An ENLISTMENT
fer libel upon an individual per ms.ed TO be msn'a neo,
peace because u msy sena 10 prodpce Result when
have Teen aonorisbea some -~ -ish, tres 10 tho
course OF the Investigation OF this cAse ne may be
pared for provided successful upon this
We thank the gentleman suggestions, because
Il We shalI be prepared 70 meet ~ II n M upoa the
erouna ,tsi the Fabrication Of nbel Is breach OF tho
public peecc, bat Von he ground that tends 10
brooch OF tno public peace or may tend 70 preach
OF the public peace-thst is, the party hbeled may
wThe IN jeT the agony aem ped 10 be afflicted upon him
BY TIE pen o. The ifbeller dipped gall aad spread
GU eake
been the subject OF much vtuperson by my friend ON
the other sde stand not here 70 justify IT, Tor the
csse a private libel, whore man SITS down ~ onct
rupishm.p, IN this way BY pen, WHICH he himself
alone control, smbodying the otter words and bttsr
thoush tat ma nom br reused n pb
20 rerpeiraie upon private inaividus an injury by
charging him with offices IN which the pubbo nave
ssress cay 'ns,e put ,ic se , o. eAcasc -,
far 10 say, In this DAY and 10 the hour, and %
erse ths doctrine which originated IN the star Cnambar
Of England (Which has been, tnsns God repudisted ny
every state ia this Union and repuda'ed even IN Fog
la present dsy) that the greater the ,rutn the
GREATER the hot thus sgardg 'he rights OF the crt
zsps; but stsrd, stand under the cousti-
tuition which has reformed the av and which has de-
clsred that men may write and speak recy-nay more,
pubsh The truth, when lone with good motives aat
Tor jUsssoie ends, This rule, sir, does nos apply 70
m Indictment ahre. IL applies 70 civil cases
ton TO public men and publs messurosS The truth
n jusncssot because the truth cannot De pablsnef
~th any other Than good motive tor the public have an
Interest krowing ~ ard the end Jusu1sbe from taa
nature OF the Then AK upon what principle IN
Indicimett sssnst Individual for libel sustanedS Il t
upon The pr ncipe that may tcad 70 breach OF the
puplic peace when the hoel charged relatiynos
pubic ocer, true and the motives goodf-oecsase
& the duty every good CITIZEN In relation TO evey
pubic officer, 10 publish The truth, TO declare In the
street. and upon the house tors that the community In
which be may take knowledge Of the truth add 70
sulate their personal and private affairs BY H. la
such caees motive always good, and the end, ucon
the principles Of eternal justice, always j1stabe. Upon
What principle then indictment Of private mot
vdual euslaDed1 Upon tae principle OF malice. II must
rot only be writing. holding party up 10 ricule
and contempt, flor I ecoept The definition which my
learned friend hss read from Hamon-oue Of the best
nov svenoue Of the beet that has been given and
nov In exsterce) but must be false, aud must be
malicious. Malice, therefore, one OF the material
ingredients In the offence, for there In not
malice there s no libel for there may be
mary cases where the rufi hsy be Published, whore
party under the belief pd he n speaking the truth
"a belief supcrinduccd By the vcfi act of the individual
who himself conraiss) viii stand jcstdet, because the
very mar who complains has furnished the Information
which induced tho writer 70 writo the srtce The article