The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-04-14

from the London Tines, March 261
The Polish bookseller, named Stanislaus Tchor.
zewskwski, who stands charged with publishing the
pamphlet entitled Letre an Parchment ct Ia Presse :
melting to the assassination Of the Emperor OF the
French. was brought up yesterday at the Police
Court. Bow street before Mr. Jardine for final exa.
mination and commttal.
Mr.. Bodkin. on the part Of the Crown. ntima,ed
that at the close OF the proceedings correct trans.
latiOn of the entire pamphlet would be PRODUCED in
order that il should be added to the dispositions
Mr. Leverson, the prisoners attorney, said that one
Of the authors OF the pamphlet NJ. Talandier had
expressly requested him 70 state that he he author)
had no desire to screen himself behind the sci.
Ter, but was willing and even DESTROYS 90 take his
place as defendant in the lie was new present
for that purpose.
Mr. Bodkfn said that any such application must be
made to the Solicitor for the Treasury.
Mr. Leverson then said that he hoped 10 be able
TO convince the magistrate that the should end
here, and that this was not "scandalous and mali
cious bheln In inquiring what was false. mali
cious scandalous and sedious libel curious diff.
Guilty arose, that nowhere could il he found that the
law defined what a libel is" II was said 10 be, and
ought TO be. principle OF law that should be
condemned on erposf tacfo laws yet that was con.
SANITY done by the judges, who on the pretence OF
declaring the existing laws, really established new
ones IL was said that this was not written law but
common law, which meant just what the Judge chose
TO call law for the occasion. SO long as common law
continued 20 disgrace our Jurisprudence its basis
should he the consideration OF what rule of con-
duct will promote the well being of society.
In the case of Mr. William Serving. in Scotland
the following words were held to he bellous:-"The
time Is come when we are TO assemble round the
Tag Of liberty TO support il; that we are plunged
into war by wicked Ministry and a compliant
Parliament" Yet few persons would now doubt the
truth Of these words as applied to the with the
French republic. These examples proved that the
law was manufactured by Judges for each occasion
az IL occurred, and that is was in the same position
as the law OF witchcraft.
Mr.. Jardine-Do you mean TO maintain that IL is
fair discussion TO say that man Is assassin. and
ought, therefore, TO be assassinated?
Mr.. Leverson-lf he Is ruler am justified in
saying that he is an assassin II can prove It, But
suffer me TO establish principle against which
Ind am stumbling. 1t Is said that discussion is 60
he free, but to be decent. According TO English
law what the Judges please TO blame il indecent.
What is indecent Is it to blame the ruler? You
will not venture 10 say that. But il il great blame
that Is indecent Why. the greater blame is TO say
that he Is more unfit 10 govern. Then you will nj.
low the lesser evil TO be discussed and not the
greater.
Mr. Bodkin said there was a passage commencing,
Did he not as President Of the republic
Mr.. Jardine said II was reasonable to suppose that
IL meant the Emperor. His course was clear; ne
must send the ease before jury. He was not going
TO punish-he had no such power. TT.
Mr. Leverson said the commt'al was pa',, .s,,,
ment. Rut he would ask. was u possible that any
iurv- that anv twelve men of the Treasury semen
womb convict the prisoner except OF the printing
and publishing only2 Mr.. Leverson then referred 70
tbe w,,tings of Junius, of Lord Denman, OF MI.
Disraeli and Of Mr. Gladstone, ana 70 ,e Sers "
.atod reoicide, and inquired whether prosecutions
,a ta ipstituted against the publishers OF Lord
mo.,uans works against Mr.. Disraeli, Mr. Glad
,,ona and the Timosl Or had Mr. Walter, the pro-
,,ietor of the Times, purchased shameful impu-
nifty at the cost Of base subseryiencyY In every