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

two % three tmes q week, and rode rouod with more
ns for the purpose o< mailing them no IN
care they wsre taken do.n 80! TINS means the pay
gong o." II tai fases The ,rncipsi witnesses
that be~p placed the stand by the Counsel for The
ihers bills pceseo All the time "saould majority Of
protest Alpst the outage before sue
op'eue Coor. and secure their point KS n 40 s, pas
tance, far the counsel coocerned Is oon n su
his acoocslee receive Their fees oeetemeh 'es uie
ssk yo~ have they offered any evidence 70 sno~
the tess,mopy OF mr. Carroll, (and there is no
reason vty you should boo-n correoN mr.
Carroll eie~ 70 the fact that he acted as agent ano
Of Toe Cosporson Counsel that hs made out
The bill Of dsourserncot; tbat De sometimes pa" woo
bile before be hso eoessc inc street ., snv Of sSs
ober ,,ro~,s found is way to pocket OF tae Coua
sci 20 the And then as 10 ths ArsoI " gente
.am USrod ma iority OF the property owners protest
.s.,rx ,e the Supreme Court and secure
NJ err psipt IL Importance Gensiemen too a,lt,
N .py h In the lag The Counsel for the Corporauoa
c.r., ,ske upon himself act contrary 70 the law.
Ths "a me Court appoints the commissioners, ana the
s~Arcs certain soaoovt per DAY ior sner services
Nom mt: they eptiued their pay Had tbs Lsgis
lsisre q TO have race the pay dependeus on the
but nAsmuch as they siient that point, every
thai renders q service 70 the Corporatou Is
eossed TO his pay aoaer ,nsa w., me .ons.;ns
Counsel yearly tor services rendered 70 oomms
s,osers Of assessments and awards for opening
streets vii take fos estimate, though far beoF the
amount rs q general thing received by him"-lIet me
AK YOU. esatlsmeu ssd tbs Judge Stopping VINO does
that rc.r TOT The CorpcrAi'ou Ocurse unquesaonsoy
Ffty Ainth street; ia amount u Si,ll2 IN And m
wssr Let us sec" Nov, sendemen, have thoy ests,,
the Cor por.toV Counsel In the opening OF Fifty nioso
street. thu Opening OF any OF the ether streets sna'
have BEEN proved before 10 this c,ntrovsrsyY dur
ins The ntipgs Of this commission, the Of the
Oou ase seen, and 90 the macy COMMUNICATIONS
addressed TO hir rs COUNSEL Of ths eonmssoo feaing
received What then, these charges for Tho con-
nsoscrt tell Gao the assessed property owrersf
LAss year Number OF cssions sit,iae numbered
ffe<n or twenty this year will exceed 1t. Suppose
them 20 the fees from which 70 the Coons'
yearir AMOUNT 10 $4,000 and upwards third OF
profits Which ocs yields to It's possesssr." Have
they shown the part OF the defence that the Corps
tos Counsel received s22 COO any other SUM- ~th
for tbsss eervicesS- is question for you 70
ak yourselves and pass upon. Then tue last
sweeping cbSge ~ ,hat taa ,. ga ou sr,sn, on
thai outrage had been lifted oy any otner ON 1i
Tie pfspe'ty oFners OF this city you nave no eyl
deane 81 En befre YOU ths; Subject We oaye simply
the nt,op Of learned coansel that such ccrrapon
does oity but II ttese abuses do exist tney
cannot enter INTO this controversy II .hoss errors do
exs. hey must De corrected elsewhere a5d know Of
oetent 10 correct snd ferret them eu' toan
The learned counsel for the defence Now seotleme on,
let us see this defence The drsI groaad 10, that
the pu ocauon E H,el, srd that II Is privileged
communication The learned COUNSEL Addressed the court
sskng after you enpanneiied 80 cry n Las 1e, "
take this case from you shese two grounds II sne
believed In the sreu 9Th or ehhsr o. ttese points,
ne could have presented th8u by cemIrroY,
saved your tbe time ~ the csurt; for donurrer
an adussol oC the facts bat dens CT tbs law, aud
could have been deternned without troubling
you with the hearing OF tnis case but he has joined
sue vito this prosecution, ard have never kno &C an
instance yet, where jury was enpa1neVet and
the prosecution rested tha. the Court ever
dd inerfere 70 take the case OF their hands. 10
civ action for libel that Is doae Uoless the
psuth proves hts case ne can be Doosued but not 30
IN q CRIMINAL cae. The third point c0nteniet for by the
nFuea counse H. thai this Abe i1us nicson Is
tue. Vel, se0Lernen, AK Soo Enefe can you iook
" the srnth out The testimony offered before youf
On you bnd 81 thai .es1iDony any one circumstance
prurcr "a Justify be allegations contained 10 ibis pub
1o,y Nat Is ma:Nr iSs Soe " ss Ios
vowed t5 Deicre yos, ga" az % discuss etner
ga-llons ihal had 20 bearing On tae case and With
ben. reuternen yVu hAFe bohing " DO Tbs oounsoi
-,rlnsneG Of ne Court because aftsr the publication
VS. proves and ne prosecution had rested, ad he pro
oodet - exercise - esa. tsnt thai be hAt q rea1hs
suoisS iI shsl xas naproper AID ooad Ict ee per-
-ssed have never kno~r, otaer n cyl ~ crim-
~, case, whore lnstfngsens - Vr0yea IN eg
desoc and the pary offers N tho Jury, J1l cat must
bc offered read hout any comment but observed
the came rue IL this ira. has invariably been
ssserv,d both civil ana CT mir al casos Another groand
obecnoL tue part Of he Court was re rulings OF the
Coart b tie ruling wss 90 close t1s the COUNSEL was
cot poruied 20 FULLY into his CT 3nce. Vel, gentle.
men otende1 commencement o. this controversy
bold SIDES LIE strict hae Of proof Had have
dsys would have takol ave weeks. knew tho task that
was uefort mo- and determined TO perform the daiy
vsoat resatd 70 de, observing strictly the rehs
oshlh Aod the ernaa has sny fa1t u nnd with
the ratings OF the Court a. is no, NJ Acs Tor you 70 ie-
termsc He has his LEGAL rights by tea ierias his bill
of exoeptcus orpgnr hs Wit Of orror and taxing IL 70
ths ape Court VINO orrect errors that the
Court may ni,,ed and not you gsutsmeo OF the
isry Anot1 or q1estn been urged before yor which
hss 90 bssspg 20 tss Gaze sad that s tbs fsa though
wthost any IrJoi beng oherod, MAI me Corporsaon
oOuns. 40 sen and R s no sa nSns I uss,
pruperly exclgaed - II Mr.. Drsteed bad
tso1 70 Re inquired INTO elsewhere and here. IL 10
sufcesi for " 70 hal Mr. Fusteed elected 70
The ooe ss be bad S 49, the ss e. .., he One, Ss'
charging ths ou-es OF n. That WA ali toa. was Decee
Sary for Ibis Prosecutoo. me e1unses ma TAXED
on the corruption Of yarious other city officials II Is
a matter 40 have nothing 70 do with. II other CITY
ofio,As nav, committed errns-~rongs u3oa tbs city
royt rnms must he inquired into Ia another
ylse bu, cannot enter toto the consideration Of the
ms,sr nov issue before you. The u tinoaton 10
libel uus. be broad az The charge 1hst principle
Of lac % govern this Is not su;ieni 70 say ths,
part must be proven " your Eatsfscton that
ysblicsiicn " true; ruft be proven In a.
ample and broad o manner a. the cha-ge. You, gentle
leu arc judgee o, tbc isx aud the ac sui you rar
the ias IRON the court and DO: from elmer mo
oouned Tor ths rrosscutoa or TIE defense Su sbor
you gertenas before ge through wit. tois charge tina.
there cannot be q MISTAKE tnst supject You are
both tbe judges q The Law sot toe facts Tue nrst ques
toe FOE your osidersson 10 tts case Sis ne publish
tie In question npti or no;f 70 which reply MI
charges thai i'm pute criminal onauce, or that hold
mac up " Pablo haired nfsmy aud oouemps arc hoeoos
bot queztio- FOR y0u 70 dsterw9c sftsr exAnnsog
The etuDouy and boxing a; This pu9 citon vho'1ct
80. And thai there mas % % mistake on that
subject 20 call sour stentou ~ me coostuiloo Of
ls4S-"EveFy person may freely spczs write and p1o-
lh tta ettueu,sn you elll ptrceiye thst toe very
si has given hin tie privilege Of This defence,
has given ia The privilege OF oeae he Js6Res both
q ne ls~ ad ec You via fsrCeiTS, gene Eien, tna
h Constitution gives tn largest liberty % mibce, ihs
the and scfettooe OF person y0uth nay he
brought ~ perhaps long orgose5 ad aiIned for 10
re o. domestic life. sad the sins Of the child
relative pablnbed 70 lns world, aE1 bst % graay the
met reonef msl5e. Tue Law gay1 GIL this c.1
Dc oooe 1au mAy pr1ve ihe truth IN justfcshoo;
but East 20 fur rer, and show lha. a dOae VITA
god rs1vcs and Cor ssisble ends cse your defence
fak Tb@ hheisr, you vn per seive. has ample rags
he sTbe where, when and Nhom ne oesses but
who're be suik there he rau 4 Abils ard be Frfes
wrong 10 must taNe the conne1 1euCss " his act 10
cr ,inai cutona for bei tie proof 81 good motives
ls-rble ends Ia max ng the ylbcinn IL reIuiroi
10 jui ~ the party ne evidence d ne truth u
Mspet pot deemed 'napacaon unless stal appear
that published via good motives and for i1sufsble
enGs. ", berciore, he uuh 81 tte yabioatou should
be fs2y pfoved, sill sou fhoals re @ the opnioa that